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21 Prosecutions
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13 Convictions
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CITE

    18 USC Sec. 157                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 9 - BANKRUPTCY

HEAD

    Sec. 157. Bankruptcy fraud

STATUTE

      A person who, having devised or intending to devise a scheme or
    artifice to defraud and for the purpose of executing or concealing
    such a scheme or artifice or attempting to do so -
        (1) files a petition under title 11, including a fraudulent
      involuntary bankruptcy petition under section 303 of such title;
        (2) files a document in a proceeding under title 11, including
      a fraudulent involuntary bankruptcy petition under section 303 of
      such title; or
        (3) makes a false or fraudulent representation, claim, or
      promise concerning or in relation to a proceeding under title 11,
      including a fraudulent involuntary bankruptcy petition under
      section 303 of such title, at any time before or after the filing
      of the petition, or in relation to a proceeding falsely asserted
      to be pending under such title,
    shall be fined under this title, imprisoned not more than 5 years,
    or both.

SOURCE

    (Added Pub. L. 103-394, title III, Sec. 312(a)(1)(B), Oct. 22,
    1994, 108 Stat. 4140; amended Pub. L. 109-8, title III, Sec.
    332(c), Apr. 20, 2005, 119 Stat. 103.)

AMENDMENTS

      2005 - Pars. (1) to (3). Pub. L. 109-8, which directed insertion
    of ", including a fraudulent involuntary bankruptcy petition under
    section 303 of such title" after "title 11", was executed by making
    the insertion after "title 11" wherever appearing, to reflect the
    probable intent of Congress.
                     EFFECTIVE DATE OF 2005 AMENDMENT
      Amendment 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.
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