Page:United States Statutes at Large Volume 108 Part 5.djvu/650

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108 STAT. 4140 PUBLIC LAW 103-394—OCT. 22, 1994 ments and accounts relating to the affairs of an estate in the person's charge, shall be fined not more than $5,000 and shall forfeit the person's office, which shall thereupon become vacant."; and (B) by adding at the end the following: "§ 156. Knowing disregard of bankruptcy law or rule "(a) DEFINITIONS. —In this section— "'bankruptcy petition preparer' means a person, other than the debtor's attorney or an employee of such an attorney, who prepares for compensation a document for filing. "'document for filing' means a petition or any other document prepared for filing by a debtor in a United States bankruptcy court or a United States district court in connection with a case under this title. "(b) OFFENSE. —I f a bankruptcy case or related proceeding is dismissed because of a knowing attempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, imprisoned not more than 1 year, or both. "§ 157. Bankruptcy fraud "A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so— "(1) files a petition under title 11; "(2) files a document in a proceeding under title 11; or "(3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.". (2) TECHNICAL AMENDMENTS.— The chapter analysis for chapter 9 of title 18, United States Code, is amended— (A) by amending the item relating to section 153 to read as follows: "Sec. 153. Embezzlement against estate."; and (B) by adding at the end the following new items: "Sec. 156. Knowing disregard of bankruptcy law or rule. "Sec. 157. Bankruptcy fraud.". (b) RICO.—Section 1961(1)(D) of title 18, United States Code, is amended by inserting "(except a case under section 157 of that title)" after "title 11". SEC. 313. PROTECTION AGAINST DISCRIMINATORY TREATMENT OF APPLICATIONS FOR STUDENT LOANS. Section 525 of title 11, United States Code, is amended by adding at the end the following: "(c)(1) A governmental unit that operates a student grant or loan program and a person engaged in a business that includes the making of loans guaranteed or insured under a student loan program may not deny a grant, loan, loan guarantee, or loan insurance to a person that is or has been a debtor under this title