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The law › Title 11, Bankruptcy › Chapter 1

11 U.S.C. 110: Penalty for persons who negligently or fraudulently prepare bankruptcy petitions

Created in 1994 by Public Law 103-394. Changed by 3 later laws. No bill we track in this Congress changes it.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2010

    • Pub. L. 111–327, §2(a)(7)(A), inserted "or on behalf of" after "from". (Bankruptcy Technical Corrections Act of 2010) Law text · (b)
    • Pub. L. 111–327, §2(a)(7)(B)(i), in last sentence, substituted "filing for the debtor" for "filing for a debtor" and inserted "or on behalf of" after "from". (Bankruptcy Technical Corrections Act of 2010) Law text · (h)
    • Pub. L. 111–327, §2(a)(7)(B)(ii)(I), struck out "found to be in excess of the value of any services" after "paragraph (2)" in introductory provisions. (Bankruptcy Technical Corrections Act of 2010) Law text · (h)
    • Pub. L. 111–327, §2(a)(7)(B)(ii)(II), inserted "found to be in excess of the value of any services" after "(i)". (Bankruptcy Technical Corrections Act of 2010) Law text · (h)
    • Pub. L. 111–327, §2(a)(7)(B)(iii), substituted "paragraph (3)" for "paragraph (2)". (Bankruptcy Technical Corrections Act of 2010) Law text · (h)

    2007

    • Pub. L. 110–161 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Fines imposed under this subsection in judicial districts served by United States trustees shall be paid to the United States trustee, who shall deposit an amount equal to such fines … (Consolidated Appropriations Act, 2008) Law text · (l)

    2005

    • Pub. L. 109–8, §221(1), substituted "for the debtor or an employee of such attorney under the direct supervision of such attorney" for "or an employee of an attorney". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (a)
    • Pub. L. 109–8, §221(2)(A), inserted at end "If a bankruptcy petition preparer is not an individual, then an officer, principal, responsible person, or partner of the bankruptcy petition preparer shall be required to—" and added subpars. (A) and (B). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
    • Pub. L. 109–8, §221(2)(B), added par. (2) and struck out former par. (2) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
    • Pub. L. 109–8, §221(3)(A), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), for purposes" for "For purposes", and added subpar. (B). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (c)
    • Pub. L. 109–8, §221(3)(B), struck out par. (3) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the failure is due to reasonable cause." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (c)
    • Pub. L. 109–8, §221(4), struck out par. (1) designation before "A bankruptcy petition preparer shall" and struck out par. (2) which read as follows: "A bankruptcy petition preparer who fails to comply with paragraph (1) may be fined not more than $500 for each such failure unless the f… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
    • Pub. L. 109–8, §221(5), added par. (2) and struck out former par. (2) which read as follows: "A bankruptcy petition preparer may be fined not more than $500 for each document executed in violation of paragraph (1)." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (e)
    • Pub. L. 109–8, §221(6), struck out par. (1) designation before "A bankruptcy petition preparer shall not" and struck out par. (2) which read as follows: "A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1)." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (f)
    • Pub. L. 109–8, §221(7), struck out par. (1) designation before "A bankruptcy petition preparer shall not" and struck out par. (2) which read as follows: "A bankruptcy petition preparer shall be fined not more than $500 for each violation of paragraph (1)." (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (g)
    • Pub. L. 109–8, §221(8)(B), added par. (1). Former par. (1) redesignated (2). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(A), (C), redesignated par. (1) as (2), substituted "A" for "Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a", inserted "by the bankruptcy petition preparer shall be filed together with the petition," after… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(D), added par. (3) and struck out former par. (3) which read as follows: "The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for th… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(A) redesignated par. (2) as (3). Former par. (3) redesignated (4). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(E), substituted "the United States trustee (or the bankruptcy administrator, if any) or the court, on the initiative of the court," for "or the United States trustee". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(8)(A) redesignated par. (4) as (5). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (h)
    • Pub. L. 109–8, §221(9), inserted introductory provisions and struck out former introductory provisions which read as follows: "If a bankruptcy case or related proceeding is dismissed because of the failure to file bankruptcy papers, including papers specified in section 521(1) of th… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (i)
    • Pub. L. 109–8, §221(10)(A)(i), struck out "a violation of which subjects a person to criminal penalty" after "any provision of this title". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (j)
    • Pub. L. 109–8, §221(10)(A)(ii), substituted "has not paid a penalty" for "or has not paid a penalty" and inserted "or failed to disgorge all fees ordered by the court" after "a penalty imposed under this section,". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (j)
    • Pub. L. 109–8, §221(10)(C) added par. (3). Former par. (3) redesignated (4). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (j)
    • Pub. L. 109–8, §1205, substituted "attorneys" for "attorney's". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (j)
    • Pub. L. 109–8, §221(10)(B), redesignated par. (3) as (4). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (j)
    • Pub. L. 109–8, §221(11), added subsec. (l). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (l)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.