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Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 98-353, §§ 308, 455, 98 Stat. 354, 376 (1984); Pub. L. No. 99-554, §§ 257(o), 282, 283(k), 100 Stat. 3115–3117 (1986); Pub. L. No. 103-394, §§ 103, 111(a), 501(d)(14), 108 Stat. 4108, 4113, 4145 (1994); Pub. L. No. 109-8, §§ 202, 203(a), 1210, 119 Stat. 43, 194 (2005); Pub. L. No. 111-327, § 2(a)(19), 124 Stat. 3559 (2010); Pub. L. No. 116-54, § 4(a)(9), 133 Stat. 1086 (2019).]

Consumer Bankruptcy Law and Practice: § 525. Protection against discriminatory treatment

(a) Except as provided in the Perishable Agricultural Commodities Act, 1930, the Packers and Stockyards Act, 1921, and section 1 of the Act entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, and for other purposes,” approved July 12, 1943, a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employ

Consumer Bankruptcy Law and Practice: Listing of Provisions

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

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CHAPTER 9—BANKRUPTCY

18 U.S.C. § 151. Definition

18 U.S.C. § 152. Concealment of assets; false oaths and claims; bribery

18 U.S.C. § 153. Embezzlement against estate

18 U.S.C. § 154. Adverse interest and conduct of officers

18 U.S.C. § 155. Fee agreements in cases under title 11 and receiverships

18 U.S.C. § 156. Knowing disregard of bankruptcy law or rule

18 U.S.C. § 157. Bankruptcy fraud

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Consumer Bankruptcy Law and Practice: 18 U.S.C. § 151. Definition

As used in this chapter, the term “debtor” means a debtor concerning whom a petition has been filed under Title 11.

[Act of June 25, 1948, c. 645, 62 Stat. 689; Pub. L. No. 95-598, § 314(b)(1), 92 Stat. 2676 (1978); Pub. L. No. 103-322, § 330008(5), 108 Stat. 2143 (1994).]

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 152. Concealment of assets; false oaths and claims; bribery

A person who—

(1) knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor;

(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11;

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1411. Jury trials

(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim.

(b) The district court may order the issues arising under section 303 of title 11 to be tried without a jury.

[Added by Pub. L. No. 98-353, § 102(a), 98 Stat. 335 (1984).]

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1452. Removal of claims related to bankruptcy cases

(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.

Consumer Bankruptcy Law and Practice: 28 U.S.C. § 1927. Counsel’s liability for excessive costs

Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.

[Act of June 25, 1948, c. 646, 62 Stat. 957; Pub. L. No. 96-349, § 3, 94 Stat. 1156 (1980).]

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 155. Fee agreements in cases under title 11 and receiverships

Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendere

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 156. Knowing disregard of bankruptcy law or rule

(a) Definitions. 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.

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 157. Bankruptcy fraud

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 petition under section 303 of such title;

(2) files a document in a proceeding under title 11; or

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3057. Bankruptcy investigations

(a) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed.

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3284. Concealment of bankrupt’s assets

The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

[Act of June 25, 1948, c. 645, 62 Stat. 828; Pub. L. No. 95-598, § 314(k), 92 Stat. 2678 (1978).]

Consumer Bankruptcy Law and Practice: 18 U.S.C. § 3613. Civil remedies for satisfaction of an unpaid fine

(a) Enforcement. The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that—

Consumer Bankruptcy Law and Practice: Sections 108(a) through 108(b)

(a) Exclusion from gross income.

(1) In general. Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of the taxpayer if—

(A) the discharge occurs in a title 11 case,

(B) the discharge occurs when the taxpayer is insolvent,

Consumer Bankruptcy Law and Practice: Sections 108(c) through 108(d)

(c) Treatment of discharge of qualified real property business indebtedness.

(1) Basis reduction.

(A) In general. The amount excluded from gross income under subparagraph (D) of subsection (a)(1) shall be applied to reduce the basis of the depreciable real property of the taxpayer.

(B) Cross reference. For provisions making the reduction described in subparagraph (A), see section 1017.

Consumer Bankruptcy Law and Practice: Sections 108(f) through 108(g)

(f) Student loans.

(1) In general. In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any student loan if such discharge was pursuant to a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers.

Consumer Bankruptcy Law and Practice: Amendment History

[Act of Aug. 16, 1954, c. 736, 68A Stat. 32; Act of June 29, 1956, c. 463, § 5, 70 Stat. 403; Pub. L. No. 86-496, § 1(a), 74 Stat. 164 (1960); Pub. L. No. 94-455, §§ 1906(b)(13)(A), 1951(b)(2)(A), 90 Stat. 1834, 1836 (1976); Pub. L. No. 96-589, § 2(a), 94 Stat. 3389 (1980); Pub. L. No. 97-354, § 3(e), 96 Stat. 1689 (1982); Pub. L. No. 97-448, §§ 102(h)(1), 304(d), 96 Stat. 2372, 2398 (1983); Pub. L. No. 98-369, §§ 59(a), (b)(1), 474(r)(5), 721(b)(2), 1076(a), 98 Stat. 576, 839, 966, 1053 (1984); Pub. L. No.