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)92 Stat. 2677 Pub. L. 103–322, title XXXIII, § 330016(1)(K)108 Stat. 2147 (, ; , ; , (2), , ; , , .)
Historical and Revision Notes
Act1948
section 572a of title 28Aug. 25, 1937, ch. 777 50 Stat. 810 Based on , U.S.C., 1940 ed., Judicial Code and Judiciary (, .)
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.
Act1949
section 155 of title 18This amendment [see section 4] clarifies , 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.
Editorial Notes
Amendments
Pub. L. 103–3221994— substituted “fined under this title” for “fined not more than $5,000”.
Pub. L. 95–5981978— 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 , 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–598section 402(a) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.
Savings Provision
section 314 of Pub. L. 95–598section 403(d) of Pub. L. 95–598section 101 of Title 11Amendment by 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 , or (2) committed after , in connection with a case commenced before such date, see , set out as a note preceding , Bankruptcy.