§156 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime when a paid person who helps prepare bankruptcy papers (but is not the debtor’s lawyer or that lawyer’s employee) knowingly tries to ignore bankruptcy laws or rules and the case is dismissed. The preparer can be fined under federal law, jailed for up to 1 year, or both. bankruptcy petition preparer — a paid person, not the debtor’s attorney or that attorney’s employee, who prepares papers for filing. document for filing — a petition or any other paper a debtor files in a bankruptcy case.

Title 18, §156

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)In this section—

(1)the term “bankruptcy petition preparer” means a person, other than the debtor’s attorney or an employee of such an attorney, who prepares for compensation a document for filing; and

(2)the term “document for filing” means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under title 11.

(b)If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy.

Amendments

2005—Subsec. (a). Pub. L. 109–8, in first par., inserted “(1) the term” before “ ‘bankruptcy petition preparer’ ” and substituted “; and” for period at end and, in second par., inserted “(2) the term” before “ ‘document for filing’ ” and substituted “title 11” for “this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such

Effective Date

, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11.

Effective Date

Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as an

Effective Date

of 1994 Amendment note under section 101 of Title 11.

§156 Knowing disregard of bankruptcy law or rule

Summary

Title 18, §156

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata