(a) Offense.— A person described in subsection (b) who knowingly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor shall be fined under this title, imprisoned not more than 5 years, or both.
(b) Person to Whom Section Applies.— A person described in this subsection is one who has access to property or documents belonging to an estate by virtue of the person’s participation in the administration of the estate as a trustee, custodian, marshal, attorney, or other officer of the court or as an agent, employee, or other person engaged by such an officer to perform a service with respect to the estate.
Based on section
52(a) of title
11, U.S.C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, § 29a,30 Stat. 554; May 27, 1926, ch. 406, § 11 (part),44 Stat. 665; June 22, 1938, ch. 575, § 1 (part),52 Stat. 855).
Minor changes were made in phraseology.
1996—Subsec. (a). Pub. L. 104–294substituted “fined under this title” for “fined not more than $5,000”.
1994—Pub. L. 103–394amended section generally. Prior to amendment, section read as follows: “Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor which came into his charge as trustee, custodian, marshal, or other officer of the court, shall be fined under this title or imprisoned not more than five years, or both.”
Pub. L. 103–322substituted “fined under this title” for “fined not more than $5,000”.
1978—Pub. L. 95–598struck out “, receiver” after “trustee” in section catchline and in text struck out “receiver,” before “custodian” and substituted “debtor” for “bankrupt”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before Oct. 22, 1994, see section 702 ofPub. L. 103–394, set out as a note under section
101 of Title
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–598effective Oct. 1, 1979, see section 402(a) ofPub. L. 95–598, set out as an Effective Date note preceding section
101 of Title
Amendment by section 314 ofPub. L. 95–598not to affect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section
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) ofPub. L. 95–598, set out as a note preceding section
101 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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