U.S. Code » Title 18 » PART I— CRIMES › CHAPTER 9— BANKRUPTCY

18 U.S.C. § 156

Knowing disregard of bankruptcy law or rule

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(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.(b)Offense.—If a bankruptcy case or related proceeding is dismissed because of a knowing attempt 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, imprisoned 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.)Editorial NotesReferences in Text

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

Amendments

2005—Subsec. (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 filing’ ” and substituted “title 11” for “this title”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1997–2025 · leading case: In re Rose, 314 B.R. 663 (Bankr. E.D. Tenn. 2004).
Sort: Relevance Newest Treatment
In re Rose, 314 B.R. 663 (Bankr. E.D. Tenn. 2004). · cites it 2× “Specifically, in connection with § 110, Congress enacted 18 U.S.C.A. § 156 , entitled "Knowing disregard of bankruptcy law or rule,” which states as follows: (a) Definitions.”
In re McDonald, 497 B.R. 489 (Bankr. D.S.C. 2013). · cites it 9× “3 Based on the Debtor’s testimony, it appears that by advising the Debtor and preparing bankruptcy documents filed by the Debtor, Salmons engaged in conduct punishable by 18 U.S.C. § 156 as a result of the subsequent dismissal of the *492 Debtor’s second bankruptcy case, engaged…”
Wieland v. Assaf (In re Briones-Coroy), 481 B.R. 685 (Bankr. D. Colo. 2012). · cites it 2× “§ 110 , Congress also added 18 U.S.C. § 156 to define the term "bankruptcy petition preparer” and to also impose certain criminal ramifications for any "knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of [the Bankruptcy Code].”
Marshall v. Bourque (In re Hartman), 208 B.R. 768 (Bankr. D. Mass. 1997). “§ 110 ; 18 U.S.C. § 156 . Bourque left the entire Certification section of the Debtor’s petition blank.”
In re Merriam, 250 B.R. 724 (Bankr. D. Colo. 2000). “§ 110 ; 18 U.S.C. § 156 . 11 . It could be argued that listing of an attorney in the statement of affairs as having received a pre-petition payment for legal services or filing the attorney disclosure required by Fed.”
In re Amstutz, 427 B.R. 636 (Bankr. N.D. Ohio 2010). “…B.R. 441, 444 (Bankr.M.D.Fla.2000). 3 . A 'bankruptcy petition preparer' may also be subject to criminal penalties. 18 U.S.C. § 156 .”
Carol Turner, No. 25-35393 (Bankr. S.D.N.Y. Aug. 25, 2025). “18 U.S.C. § 156 (b) (“If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of [the Bankruptcy Code], or the Federal Rules of Bankruptcy Procedure, the bankruptcy…”
Marcolina Rodriguez, No. 25-35432 (Bankr. S.D.N.Y. Aug. 25, 2025). “18 U.S.C. § 156 (b) (“If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of [the Bankruptcy Code], or the Federal Rules of Bankruptcy Procedure, the bankruptcy…”
Carol Turner, No. 25-35393 (Bankr. S.D.N.Y. Aug. 25, 2025). “18 U.S.C. § 156 (b) (“If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of [the Bankruptcy Code], or the Federal Rules of Bankruptcy Procedure, the bankruptcy…”
Marcolina Rodriguez, No. 25-35432 (Bankr. S.D.N.Y. Aug. 25, 2025). “18 U.S.C. § 156 (b) (“If a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of [the Bankruptcy Code], or the Federal Rules of Bankruptcy Procedure, the bankruptcy…”
Rafael Montez Da Oca v. Eduardo Gutierrez, No. 03-14-00668-CV (Tex. App.—Austin May 4, 2015). “§ 110 ; 18 U.S.C. § 156 . Computer software provided by LegalPRO Systems, Inc.”
Jack Rettig v. Ronald E. Bruno, No. 04-15-00350-CV (Tex. App.—San Antonio Nov. 17, 2015). “§ 110 ; 18 U.S.C. § 156 . Computer software provided by LegalPRO Systems, Inc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.