Crimes and Criminal Procedure - 18 USC Section 155

01/19/04

Sec. 155. Fee agreements in cases under title 11 and receiverships

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.

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 (Sec. 151 et seq.), chapter 96 (Sec. 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.

Last modified: April 12, 2006