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Title 18, Crimes and Criminal ProcedureRelease 119-110

§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

Title 18 › PART I — CRIMES › CHAPTER 9 — BANKRUPTCY › § 158

Last updated Sep 22, 2026|Official source

Summary

The Attorney General must pick certain officials to lead enforcement against abusive reaffirmations of debt and against materially fraudulent statements in bankruptcy filings that are deliberately false or misleading. Those officials are the United States attorney for each federal judicial district and one FBI agent for each FBI field office. Each designated U.S. attorney also has primary responsibility to carry out the U.S. attorney duties under section 3057. Bankruptcy courts must create procedures to send any case that may contain a materially fraudulent bankruptcy statement to these designated officials.

Full Legal Text

Title 18, §158

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 158

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110