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

18 U.S.C. § 158

Designation of United States attorneys and agents of the Federal Bureau of Investigation to address abusive reaffirmations of debt and materially fraudulent statements in bankruptcy schedules

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(a)In General.—The Attorney General of the United States shall designate the individuals described in subsection (b) to have primary responsibility in carrying out enforcement activities in addressing violations of section 152 or 157 relating to abusive reaffirmations of debt. In addition to addressing the violations referred to in the preceding sentence, the individuals described under subsection (b) shall address violations of section 152 or 157 relating to materially fraudulent statements in bankruptcy schedules that are intentionally false or intentionally misleading.(b)United States Attorneys and Agents of the Federal Bureau of Investigation.—The individuals referred to in subsection (a) are—(1) the United States attorney for each judicial district of the United States; and(2) an agent of the Federal Bureau of Investigation for each field office of the Federal Bureau of Investigation.(c)Bankruptcy Investigations.—Each United States attorney designated under this section shall, in addition to any other responsibilities, have primary responsibility for carrying out the duties of a United States attorney under section 3057.(d)Bankruptcy Procedures.—The bankruptcy courts shall establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the individuals designated under this section.(Added Pub. L. 109–8, title II, § 203(b)(1), Apr. 20, 2005, 119 Stat. 49.)Statutory Notes and Related SubsidiariesEffective Date

Section 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 an Effective Date of 2005 Amendment note under section 101 of Title 11.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2001–2025 · leading case: In Re Margaret J. Myers, Debtor. Margaret J. Myers, 491 F.3d 120 (3rd Cir. 2007).
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In Re Margaret J. Myers, Debtor. Margaret J. Myers, 491 F.3d 120 (3rd Cir. 2007). “We have jurisdiction over this matter pursuant to 18 U.S.C. § 158 (d) and 28 U.S.C. § 1291 .”
DaimlerChrysler Fin. Servs. Americas, LLC v. Miller (In Re Miller), 570 F.3d 633 (5th Cir. 2009). “See 18 U.S.C. § 158 (d)(2)(A). II. The issue is whether the hanging paragraph prevents a creditor with a PMSI in what is termed a “910 vehicle” from obtaining a state law deficiency judgment against a debtor for the portion of the debt not covered by the sale of the surrendered…”
Overnite Transp. Co. v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers, 168 F. Supp. 2d 826 (W.D. Tenn. 2001). · cites it 2× “18 U.S.C. § 158 (b)(7). Therefore, it is clear that the Court must interpret these provisions of the NLRA to determine whether or not the IBT’s objective is illegitimate or unlawful.”
Billings v. Portnoff Law Assocs., Ltd., 687 F. App'x 163 (3rd Cir. 2017). “The District Court had jurisdiction to review final orders from the Bankruptcy Court under 18 U.S.C. § 158 (a). We have jurisdiction pursuant to 28 U.”
Nicolas Laurent v. Nancy N. Herkert, 149 F. App'x 833 (11th Cir. 2005). “The bankruptcy court properly transmitted the motion for leave to proceed on appeal to the district court since both Rule 8003 and the jurisdiction-conferring 18 U.S.C. § 158 (a) discuss obtaining the district court’s leave.”
United States v. Donaldson, 493 F. Supp. 2d 998 (S.D. Ohio 2006). “Donaldson and Davidson are also charged with one count of bankruptcy fraud, in violation of 18 U.S.C. § 158 (2) (Count 2); and one count of making a false statement on a loan application, in violation of 18 U.”
In Re Hill, 377 B.R. 8 (Bankr. D. Conn. 2007). · cites it 2× “Therefore, guided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereafter, the “BAPC-PA”), as codified at 18 U.S.C. § 158 (d), and this Court’s Procedures for Referral of Materially Fraudulent Statements in Bankruptcy Schedules (hereafter, the “Referral…”
Waugh Chapel South, LLC v. United Food & Com. Workers Union Local 27, 855 F. Supp. 2d 476 (D. Maryland 2012). “The NLRA’s prohibition on secondary boycotting — that is, coercing an entity to cease doing business with a non-union entity— excepts “any primary strike or primary picketing” from liability, even if the action otherwise qualifies as secondary boycotting.”
Ditech Holding Corp. (Bankr. S.D.N.Y. 2023). “29, 2022) (collecting cases); see also 18 U.S.C. § 158 (providing that the Attorney General of the United States shall designate the individuals that may carry out enforcement activities for bankruptcy fraud violations).”
Da Silva Jackson v. Nelson (W.D. Wash. 2022). “§ 873 , 18 U.S.C. § 158 , 18 U.S.C. 6 § 1590, 21 U.”
Faridani v. Smith (M.D. Ga. 2025). “JURISDICTION AND STANDARD OF REVIEW Pursuant to 18 U.S.C. § 158 (a)(1), this Court has jurisdiction to hear appeals from final judgments and orders of bankruptcy courts in this District.”
In Re: Myers (3rd Cir. 2007). “We have jurisdiction over this matter pursuant to 18 U.S.C. § 158 (d) and 28 U.S.C. § 1291 .”
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