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

Summary

The Attorney General must name officials to lead enforcement of crimes under sections 152 and 157 that deal with abusive debt reaffirmations and bankruptcy schedules that are intentionally false or misleading. The named officials are the U.S. Attorney in every judicial district and an FBI agent in every FBI field office. Each named U.S. Attorney must also carry out the duties in section 3057. Bankruptcy courts must set up procedures to send cases that may include materially fraudulent bankruptcy schedules to these officials.

Title 18, §158

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2005 Amendment note under section 101 of Title 11.

§158 Designation 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

Summary

Title 18, §158

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata