§ 154 Adverse interest and conduct of officers · 115-71

§ 154.

Adverse interest and conduct of officers

A person who, being a custodian, trustee, marshal, or other officer of the court—

(1)

knowingly purchases, directly or indirectly, any property of the estate of which the person is such an officer in a case under title 11;

(2)

knowingly refuses to permit a reasonable opportunity for the inspection by parties in interest of the documents and accounts relating to the affairs of estates in the person’s charge by parties when directed by the court to do so; or

(3)

knowingly refuses to permit a reasonable opportunity for the inspection by the United States Trustee of the documents and accounts relating to the affairs of an estate in the person’s charge,

shall be fined under this title and shall forfeit the person’s office, which shall thereupon become vacant.

Source

(June 25, 1948, ch. 645, 62 Stat. 690; Pub. L. 95–598, title III, § 314(a)(2), (e)(1), (2),

Nov. 6, 1978

, 92 Stat. 2676, 2677; Pub. L. 103–322, title XXXIII, § 330016(1)(G),

Sept. 13, 1994

, 108 Stat. 2147; Pub. L. 103–394, title III, § 312(a)(1)(A),

Oct. 22, 1994

, 108 Stat. 4139; Pub. L. 104–294, title VI, § 601(a)(1),

Oct. 11, 1996

, 110 Stat. 3497.)

Notes

Historical and Revision Notes

Based on section 52(c) of title 11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, § 29c, 30 Stat. 554; June 22, 1938, ch. 575, § 1 (part), 52 Stat. 856).

Minor changes were made in phraseology.

Amendments

1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $5,000” in closing provisions.

1994—Pub. L. 103–394 amended section generally. Prior to amendment, section read as follows:

“Whoever, being a custodian, trustee, marshal, or other officer of the court, knowingly purchases, directly or indirectly, any property of the estate of which he is such officer in a case under title 11; or

“Whoever being such officer, knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the affairs of estates in his charge by parties in interest when directed by the court to do so—

“Shall be fined under this title, and shall forfeit his office, which shall thereupon become vacant.”

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in third par.

1978—Pub. L. 95–598 struck out “referees and other” before “officers” in section catchline, and in text struck out “Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or” before “Whoever, being a” and “referee, receiver,” before “custodian” and substituted “case under title 11” for “bankruptcy proceeding”.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–394 effective

Oct. 22, 1994

, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before

Oct. 22, 1994

, see section 702 of Pub. L. 103–394, set out as a note under section 101 of Title 11.

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.

§ 154. Adverse interest and conduct of officers

Adverse interest and conduct of officers

Historical and Revision Notes

Amendments

Effective Date of 1994 Amendment

Effective Date of 1978 Amendment

Savings Provision