BAPCPA LINKS (TITLE 18 — CONTENTS)

§ 203(b)(2)    •    House Report 109-31    •   


HISTORICAL & REVISION NOTES (18 U.S.C. § 151)


Based on section 52(f) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29f as added June 22, 1938, ch. 575, Sec. 1, 52 Stat. 857). 

Definition of "bankruptcy" was added to avoid repetitious references to said title 11

Minor changes in phraseology was made. 

LEGISLATIVE REPORTS

1994 Acts (103-322). House Report No. 103-324; House Conference Report No. 103-711. 

AMENDMENTS

1994 — Pub. L. 103-322 substituted "means" for "mean". 

1978 — Pub. L. 95-598 substituted "Definition" for "Definitions" in section catchline, substituted definition of "debtor" as a debtor concerning whom a petition has been filed under title 11 for definition of "bankrupt" as a debtor by or against whom a petition has been filed under title 11, and struck out definition of "bankruptcy" as including any proceeding, arrangement, or plan pursuant to title 11

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 152)


Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch. 406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 855). 

Section was broadened to apply to one who gives or offers a bribe.

Minor changes were made in phraseology. 

LEGISLATIVE REPORTS

1996 Acts (104-294). House Report No. 104-788. 

1994 Acts (103-394). House Report No. 103-835.

1994 Acts (103-322). House Report No. 103-324 and House Conference Report No. 103-711. 

AMENDMENTS

1996 Acts. Pub. L. 104-294 substituted "fined under this title" for "fined not more than $5,000" in closing provisions. 

1994 Acts.

Pub. L. 103-394 amended section generally, designating undesignated pars. as opening provisions, pars. (1) to (9), and closing provisions, and in pars. (1) and (9) inserting reference to United States Trustee

Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000" in last par.

1988 Acts. Pub. L. 100-690 substituted "penalty of perjury" for "penalty or perjury" in third par. 

1978 Acts. Pub. L. 95-598 substituted, wherever appearing, "debtor" for "bankrupt", "case under title 11" for "bankruptcy proceeding", and "provisions of title 11" for "bankruptcy law"; and substituted "a custodian" for "the receiver, custodian", wherever appearing, and "recorded information, including books, documents, records, and papers, relating to the property or financial affairs" for "document affecting or relating to the property or affairs", in two places. 

1976 Acts. Pub. L. 94-550 inserted paragraph covering the knowing and fraudulent making of a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28 or in relation to any bankruptcy proceeding. 

1960 Acts. Pub. L. 86-701 included fraudulent transfers and concealment of property by persons in their individual capacity in sixth par. 

Pub. L. 86-519 struck out "under oath" after "knowingly and fraudulently presents" in third par. 

EFFECTIVE DATES

1994 Acts. Amendment by Pub. L. 103-394 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 a note under section 101 of Title 11

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title; title 7 section 12a; title 15 sections 78o, 80b-3. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 153)


Based on section 52(a) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29a, 30 Stat. 554; May 27, 1926, ch. 406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 855). 

Minor changes were made in phraseology. 

LEGISLATIVE REPORTS

1996 Acts (104-294). House Report No. 104-788. 

1994 Acts (103-394). House Report No. 103-835.

1994 Acts (103-322). House Report No. 103-324; House Conference Report No. 103-711. 

AMENDMENTS

1996 — Subsec. (a). Pub. L. 104-294 substituted "fined under this title" for "fined not more than $5,000". 

1994

Pub. L. 103-394 amended section generally. Prior to amendment, section read as follows: "Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both." 

Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". 

1978 — Pub. L. 95-598 struck out ", receiver" after "trustee" in section catchline and in text struck out "receiver," before "custodian" and substituted "debtor" for "bankrupt". 

EFFECTIVE DATES

1994 Acts. Amendment by Pub. L. 103-394 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 a note under section 101 of Title 11

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 154)


Based on section 52(c) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29c, 30 Stat. 554; June 22, 1938, ch. 575, Sec. 1 (part), 52 Stat. 856). 

Minor changes were made in phraseology.

LEGISLATIVE REPORTS

1996 Acts (104-294). House Report No. 104-788. 

1994 Acts (103-394). House Report No. 103-835.

1994 Acts (103-322). House Report No. 103-324; House Conference Report No. 103-711. 

AMENDMENTS

1996 — Pub. L. 104-294 substituted "fined under this title" for "fined not more than $5,000" in closing provisions. 

1994 — Pub. L. 103-394 amended section generally. Prior to amendment, section read as follows: 

"Whoever, being a custodian, trustee, marshal, or other officer of the court, knowingly purchases, directly or indirectly, any property of the estate of which he is such officer in a case under title 11; or 

"Whoever being such officer, knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the affairs of estates in his charge by parties in interest when directed by the court to do so -

"Shall be fined under this title, and shall forfeit his office, which shall thereupon become vacant." 

Pub. L. 103-322 substituted "fined under this title" for "fined not more than $500" in third par. 

1978 — Pub. L. 95-598 struck out "referees and other" before "officers" in section catchline, and in text struck out "Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or" before "Whoever, being a" and "referee, receiver," before "custodian" and substituted "case under title 11" for "bankruptcy proceeding". 

EFFECTIVE DATES

1994 Acts. Amendment by Pub. L. 103-394 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 a note under section 101 of Title 11

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 155)


1948 Act. — Based on section 572a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810.) Words "upon conviction" were deleted as surplusage since punishment can be imposed only after a conviction. A fine of "$5,000" was substituted for "$10,000" and "one year" for "five years", to reduce the offense to the grade of a misdemeanor and the punishment to an amount and term proportionate to the gravity of the offense. Minor changes were made in phraseology. 

1949 Act. — This amendment (see section 4) clarifies section 155 of title 18, U.S.C., by restating the first paragraph thereof in closer conformity with the original law, as it existed at the time of the enactment of the revision of title 18

LEGISLATIVE REPORTS

1994 Acts (103-322). House Report No. 103-324; House Conference Report No. 103-711. 

AMENDMENTS

1994 — Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000".

1978 — Pub. L. 95-598 substituted "cases under title 11 and receiverships" for "bankruptcy proceedings" in section catchline and in text "or case under title 11" for ", bankruptcy or reorganization proceeding", inserted "knowingly and fraudulently" after "supervision,", and struck out penalty provision for a judge of a United States court to knowingly approve the payment of any fees or compensation that were fixed. 

1949 — Act May 24, 1949, inserted references to attorneys for any party in interest in three places, and substituted "in any United States court or under its supervision" for "in or under the supervision of any court of the United States". 

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 156)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

1994 Acts (103-394). House Report No. 103-835.

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

REFERENCES IN TEXT

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


BAPCPA & LEGISLATIVE REPORT LINKS (18 U.S.C. § 156)

BAPCPA § 1220(1)(a)    •    House Report 109-31    •   

BAPCPA § 1220(1)(b)    •    House Report 109-31    •   

BAPCPA § 1220(2)(a)    •    House Report 109-31    •   

BAPCPA § 1220(2)(b)    •    House Report 109-31    •   


HISTORICAL & REVISION NOTES (18 U.S.C. § 157)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

1994 Acts (103-394). House Report No. 103-835.

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 

1994 Acts. 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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title. 


BAPCPA & LEGISLATIVE REPORT LINKS  (18 U.S.C. § 157)

BAPCPA § 332(c)  provides as follows:

(c) Bankruptcy Fraud.—Section 157 of title 18, United States Code, is amended by inserting ", including a fraudulent involuntary bankruptcy petition under section 303 of such title" after "title 11".

The existing language contains three different references to "title 11."  Accordingly, the Act is ambiguous as to whether the language should be placed after every reference to "title 11."    •    House Report 109-31    •      -  157(1)  -  157(2)  -  157(3)


HISTORICAL & REVISION NOTES (18 U.S.C. § 158)


LEGISLATIVE REPORTS

2005 Acts (Pub. L. 109-8). House Report No. 109-31

EFFECTIVE DATES

2005 Acts. Pub. L. 109-8, Title XV, § 1501, Apr. 20, 2005, provided that, except as otherwise specifically provided, all amendments, except for amendments provided in Pub. L. 109-8, Title III, §§ 308, 322, and 330, are effective 180 days after enactment of the Act on April 20, 2005 (which occurs on October 17, 2005), and are inapplicable with respect to cases commenced under Title 11 before the effective date. 


BAPCPA & LEGISLATIVE REPORT LINKS (18 U.S.C. § 158)

BAPCPA § 203(b)(1)    •    House Report 109-31    •   


HISTORICAL & REVISION NOTES (18 U.S.C. § 3057)


1948 Act. — Based on section 52(e)(1), (2) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, Sec. 29e(1), (2), as added by May 27, 1926, ch. 406, Sec. 11, 44 Stat. 665, 666; June 22, 1938, ch. 575, Sec. 1, 52 Stat. 840, 856). 

Remaining provisions of section 52 of title 11, U.S.C., 1940 ed., Bankruptcy, constitute sections 151-154, and 3284 of this title. The words "or laws relating to insolvent debtors, receiverships, or reorganization plans" were inserted to avoid reference to "Title 11". 

Minor changes were made in phraseology. 

1949 Act. — This section (section 48) clarifies the meaning of section 3057 of title 18, U.S.C., by expressly limiting to laws "of the United States", violations of laws which are to be reported to the United States attorney. 

AMENDMENTS

1978 — Subsec. (a). Pub. L. 95-598, Sec. 314(i), substituted "judge" for "referee" and "violation under chapter 9 of this title" for "violations of the bankruptcy laws". Subsec. (b). Pub. L. 95-598, Sec. 314(i)(1), substituted "judge" for "referee". 

1949 — Subsec. (a). Act May 24, 1949, substituted "or other laws of the United States" for "or laws". 

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 

TRANSFER OF FUNCTIONS

Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 3282)


Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, and on title 18, U.S.C., 1940 ed., Sec. 582 (R.S. Sec. 1044; Apr. 13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124, Sec. 1, 42 Stat. 220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940, ch. 876, title I, subchap. III, Sec. 346(g), 54 Stat. 1167). Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated. "Except as otherwise expressly provided by law" was inserted to avoid enumeration of exceptive provisions. The proviso contained in the act of 1927 "That nothing herein contained shall apply to any offense for which an indictment has been heretofore found or an information instituted, or to any proceedings under any such indictment or information," was omitted as no longer necessary. 

In the consolidation of these sections the 5-year period of limitation for violations of the Nationality Code, provided for in said section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is reduced to 3 years. There seemed no sound basis for considering 3 years adequate in the case of heinous felonies and gross frauds against the United States but inadequate for misuse of a passport or false statement to a naturalization examiner. 

AMENDMENTS

1954 — Act Sept. 1, 1954, changed the limitation period from three years to five years. 

EFFECTIVE DATES

1954 Acts. Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as renumbered by Pub. L. 87-299, Sec. 1, provided that: "The amendment made by subsection (a) (amending this section) shall be effective with respect to offenses (1) committed on or after September 1, 1954, or (2) committed prior to such date, if on such date prosecution therefor is not barred by provisions of law in effect prior to such date." 

FUGITIVES FROM JUSTICE

Statutes of limitations as not extending to persons fleeing from justice, see section 3290 of this title. 

OFFENSES AGAINST INTERNAL SECURITY

Limitation period in connection with offenses against internal security, see section 783 of Title 50, War and National Defense. 

SECTIONS 792, 793, AND 794 OF THIS TITLE; LIMITATION PERIOD

Limitation period in connection with sections 792, 793, and 794 of this title, see note set out under section 792. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1091, 3286 of this title. 


HISTORICAL & REVISION NOTES (18 U.S.C. § 3284)


Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy (May 27, 1926, ch. 406, Sec. 11d, 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1, 52 Stat. 856). 

The 3-year-limitation provision was omitted as unnecessary in view of the general statute, section 3282 of this title. The words "or a discharge denied" and "or denial of discharge" were added on the recommendation of the Department of Justice to supply an omission in existing law. Other subsections of said section 52 of title 11, U.S.C., 1940 ed., are incorporated in sections 151-154 and 3057 of this title. Other minor changes of phraseology were made. 

AMENDMENTS

1978 — Pub. L. 95-598 substituted "debtor in a case under title 11" for "bankrupt or other debtor". 

EFFECTIVE DATES

1978 Acts. Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95-598, set out as a note preceding section 101 of Title 11, Bankruptcy. 


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