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.) REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. AMENDMENTS (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’’. 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 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. EFFECTIVE DATE 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

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.) REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. AMENDMENTS (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’’. 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 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. EFFECTIVE DATE 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 inin 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.)