Common use of OFFENSE Clause in Contracts

OFFENSE. If a bankruptcy case or related proceeding is dismissed because of a knowing at- tempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, impris- oned not more than 1 year, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.) The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. 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. 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’’, in- serted ‘‘knowingly and fraudulently’’ after ‘‘super- vision,’’, and struck out penalty provision for a judge of a United States court to knowingly approve the pay- ment of any fees or compensation that were fixed. 1949—Act May 24, 1949, inserted references to attor- neys for any party in interest in three places, and sub- stituted ‘‘in any United States court or under its super- vision’’ for ‘‘in or under the supervision of any court of the United States’’. Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. Amendment by section 314 of Pub. L. 95–598 not to af- fect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 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 sec- tion 101 of Title 11, Bankruptcy. (a) DEFINITIONS.—In this section— (a) Pub. L. 109–8, in first par., inserted ‘‘ (1) the term’’ before ‘‘ ‘bankruptcy petition preparer’ ’’ and substituted ‘‘; and’’ for period at end and, in second par., inserted ‘‘ (2) the term’’ before ‘‘ ‘document for fil- ing’ ’’ and substituted ‘‘title 11’’ for ‘‘this title’’. 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 ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bank- ruptcy, 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. 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 (3) makes a false or fraudulent representa- tion, claim, or promise concerning or in rela- tion to a proceeding under title 11, 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,

OFFENSE. If a bankruptcy case or related proceeding is dismissed because of a knowing at- tempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, impris- oned not more than 1 year, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.) The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. 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. 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’’, in- serted ‘‘knowingly and fraudulently’’ after ‘‘super- vision,’’, and struck out penalty provision for a judge of a United States court to knowingly approve the pay- ment of any fees or compensation that were fixed. 1949—Act May 24, 1949, inserted references to attor- neys for any party in interest in three places, and sub- stituted ‘‘in any United States court or under its super- vision’’ for ‘‘in or under the supervision of any court of the United States’’. Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. Amendment by section 314 of Pub. L. 95–598 not to af- fect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 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 sec- tion 101 of Title 11, Bankruptcy. (a) DEFINITIONS.—In this section— (a) Pub. L. 109–8, in first par., inserted ‘‘ (1) the term’’ before ‘‘ ‘bankruptcy petition preparer’ ’’ and substituted ‘‘; and’’ for period at end and, in second par., inserted ‘‘ (2) the term’’ before ‘‘ ‘document for fil- ing’ ’’ and substituted ‘‘title 11’’ for ‘‘this title’’. 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 ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bank- ruptcy, 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. 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 (3) makes a false or fraudulent representa- tion, claim, or promise concerning or in rela- tion to a proceeding under title 11, 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. TITLE 18—CRIMES AND CRIMINAL PROCEDURE (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title III, § 332(c), Apr. 20, 2005, 119 Stat. 103; Pub. L. 111–327, § 2(b), Dec. 22, 2010, 124 Stat.

OFFENSE. If a bankruptcy case or related proceeding is dismissed because of a knowing at- tempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, impris- oned not more than 1 year, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.) The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. 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. 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’’, in- serted ‘‘knowingly and fraudulently’’ after ‘‘super- vision,’’, and struck out penalty provision for a judge of a United States court to knowingly approve the pay- ment of any fees or compensation that were fixed. 1949—Act May 24, 1949, inserted references to attor- neys for any party in interest in three places, and sub- stituted ‘‘in any United States court or under its super- vision’’ for ‘‘in or under the supervision of any court of the United States’’. Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. Amendment by section 314 of Pub. L. 95–598 not to af- fect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 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 sec- tion 101 of Title 11, Bankruptcy. (a) DEFINITIONS.—In this section— (a) Pub. L. 109–8, in first par., inserted ‘‘ (1) the term’’ before ‘‘ ‘bankruptcy petition preparer’ ’’ and substituted ‘‘; and’’ for period at end and, in second par., inserted ‘‘ (2) the term’’ before ‘‘ ‘document for fil- ing’ ’’ and substituted ‘‘title 11’’ for ‘‘this title’’. 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 ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bank- ruptcy, 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. 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 (3) makes a false or fraudulent representa- tion, claim, or promise concerning or in rela- tion to a proceeding under title 11, 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. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title III, § 332(c), Apr. 20, 2005, 119 Stat. 103; Pub. L. 111–327, § 2(b), Dec. 22, 2010, 124 Stat. 3562.)