18-U.S.C.-155
§155 – Fee Agreements In Cases Under Title 11 and Receiverships
Pathway
Title 18 > Part I > Chapter 9 > Section 155
Details
- Reference: Section 155
- Legend: §155 – Fee Agreements In Cases Under Title 11 and Receiverships
- USCode Year: 2013
Provision Content
Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership or case under title 11 in any United States court or under its supervision, knowingly and fraudulently enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 690; May 24, 1949, ch. 139, §4, 63 Stat. 90; Pub. L. 95–598, title III, §314(f)(1), (2), Nov. 6, 1978, 92 Stat. 2677; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
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.
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 Date of 1978 Amendment
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 (§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 section 101 of Title 11, Bankruptcy.
U.S. Encyclopedia of Law Coverage
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