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18 U.S.C. § 158Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules

submitted 21 years ago by Pub. L. 109-8 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 204 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General picks specific prosecutors and FBI agents to handle bankruptcy fraud cases. They focus on abusive debt reaffirmations and false bankruptcy statements. Bankruptcy courts must have a system for referring these cases to them.

(a) In General: The U.S. Attorney General must choose the people named in subsection (b) to take the lead on enforcing violations of sections 152 or 157 that involve abusive "reaffirmations of debt" — deals where a bankrupt person agrees to keep paying a debt anyway. These same people also handle violations involving bankruptcy schedules that contain statements which are intentionally false or intentionally misleading. (b) United States Attorneys and Agents of the Federal Bureau of Investigation: The people chosen are: (1) the U.S. Attorney for every federal judicial district; and (2) an FBI agent for every FBI field office. (c) Bankruptcy Investigations: Each U.S. Attorney chosen under this section keeps their other duties too, but now also takes the lead on the duties a U.S. Attorney has under section 3057. (d) Bankruptcy Procedures: Bankruptcy courts must set up procedures for referring any case that might involve a materially fraudulent bankruptcy schedule statement to the people designated under this section.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 152 or 157 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 152 or 157 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading.

(b)United States Attorneys and Agents of the Federal Bureau of Investigation.—

The individuals referred to in subsection (a) are—

(1)

the United States attorney for each judicial district of the United States; and

(2)

an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation.

(c)Bankruptcy Investigations.—

Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057.

(d)Bankruptcy Procedures.—

The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.

Source credit: (Added Pub. L. 109–8, title II, § 203(b)(1), Apr. 20, 2005, 119 Stat. 49.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-8 · 119 Stat. 49

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-8 on 2005-04-20.

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