For consideration of various aspects of the Chandler Act, see Gerdes, "Section 77B, the Chandler Bill and other Proposed Revisions," 35 Mich.L. Rev. 361 (1937); Glenn, "Proposed Revision of the National Bankruptcy Act: Corporate Reorganization and Stockbrokers," 25 Geo.L.J. 628 (1937); Hunt, "Progress of the Chandler Bankruptcy Bill" and "Changing Complexion of the Chandler Bill," 42 Com.L.J. 195, 443 (1937); Laporte, "Changes in Corporate Reorganization Procedure Proposed by the Chandler and Lea Bills," 51 Harv.L.Rev. 672 (1938); Lashly, "The Chandler Bill," 23 Va.L.Rev. 54, 880 (1936-1937); McLaughlin, "Aspects of the Chandler Bill to Amend the Bankruptcy Act," 4 U. of Chi.L.Rev. 369 (1937); Symposium, "Recommendations of the Securities and Exchange Commission," 38 Col.L.Rev. 223-290 (1938); Symposium, "Chandler Act," 12 J.N.A.Ref.Bankr. 124 et seq. (1938): Notes, "Bankruptcy Reform and the Chandler Bill," 46 Yale L.J. 1177 (1937); "Venue under the Chandler Bill in Corporate Bankruptcy and Reorganization," 5 U. of Chi.L.Rev. 272 (1938); Legislation, "Proposed Changes in the Bankruptcy Act Relative to Compositions, Extensions, and Corporate Reorganizations," 23 Va.L.Rev. 74 (1936); "Corporate Reorganization, the Revised Chandler Bill," 24 Va.L.Rev. 309 (1938).

TERMINAL SECTIONS OF REFEREES' SALARY ACT

The closing sections of the Referees' Salary Act 1946 read as follows:

Sec. 18. Sections 1 and 10 of this amendatory Act and so much of section 4 of this amendatory Act as amends subdivision b of section 37 of the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, as amended, shall be effective upon approval of this amendatory Act. All other provisions of this amendatory Act shall become effective sixty days after promulgation of the determinations of the conference, as provided in the said subdivision b of section 37, as amended by this amendatory Act: Provided, however, That the references contained in paragraph (1) of subdivision b of section 37 as amended by this amendatory Act to "subdivision a of this section, and required for subdivisions a and c of section 40, paragraph (2) of section 633, and paragraph (3) of section 659 of this Act" are intended to refer to those subdivisions and paragraphs as they will be amended when sections 6, 16, and 17 of this amendatory Act become effective, and section 4 of this amendatory Act becomes fully effective.

Sec. 19. a. A Acts or parts of Acts inconsistent with any provisions of this amendatory Act are hereby repealed.

b. Nothing herein contained shall have the effect to release or extinguish any penalty, forfeiture, or liability incurred under any Act or Acts of which this Act is amendatory.

C. If any provision of this amendatory Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this amendatory Act which can be given effect without the invalid provision or application, and to this end the provisions of this amendatory Act are declared to be severable.

d.

Section and subdivision headings shall not be taken to govern or limit the scope of the sections or subdivisions to which they relate. Approved June 28, 1946.

For discussion of the Referees' Salary Act see the debates, 92 Congressional Record 1946, 6506 et seq., 7125 et seq., reprinted in 20 J.N.A.Ref.Bankr. 105 (1946).

AMENDMENT OF JULY 7, 1952

This marks the enactment of what has been known as the National Bankruptcy Conference "non-controversial bill", S. 2234 and H.R. 5064, 82d Cong. Most of its provisions were developed soon after World War II by the National Bankruptcy Conference and embodied in earlier bills; H.R. 5693, 80th Cong., and H.R. 3111, 81st Cong. Failure of enactment by the 80th Congress was due in part to the inclusion of some provisions that had to be eliminated as controversial, notably relating to the limitations on discharge and priority of tax claims. Failure to pass the 81st Congress seemed to be attributable to refusal of a single Senate Committeeman to pass the bill without understanding it, and his failure to find the time to master it.

Sections 55, 56 and 57 of the 1952 amendment substantially correspond to sections 4, 5, 6 and 7 of the Chandler Act (1938). Repeal of inconsistent acts was covered in section 55a. Section 55b is the severability clause. Section 56 corresponds to section 6 and section 57 to section 7 of the Chandler Act. See p. 298, ante. There is nothing corresponding to section 5b of the Chandler Act, disclaiming the significance of section headings. There is no exception to the declaration that the amendatory act shall govern pending proceedings as far as practicable.

The effective date of the Act is October 7, 1952,

18 U.S.C., CRIMES AND CRIMINAL PROCEDURE,

151.

Chapter 9

Definitions. As used in this chapter:

The term "bankrupt" means a debtor by or against whom a petition has been filed under Title 11.

The term "bankruptcy" includes any proceeding, arrangement, or plan pursuant to Title 11.

§ 152. Concealment of assets; false oaths and claims; bribery. Whoever knowingly and fraudulently conceals from the receiver, custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or from creditors in any bankruptcy proceeding, any property belonging to the estate of a bankrupt; or

Whoever knowingly and fraudulently makes a false oath or account in or in relation to any bankruptcy proceeding; or

Whoever knowingly and fraudulently presents under oath any false claim for proof against the estate of a bankrupt, or uses any such claim in any bankruptcy proceeding, personally, or by agent, proxy, or attorney, or as agent, proxy, or attorney; or

Whoever knowingly and fraudulently receives any material amount of property from a bankrupt after the filing of a bankruptcy proceeding, with intent to defeat the bankruptcy law; or

Whoever knowingly and fraudulently gives, offers, receives or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof, for acting or forbearing to act in any bankruptcy proceeding; or

Whoever, while an agent or officer of any person or corporation, and in contemplation of a bankruptcy proceeding by or against such person or corporation, or with intent to defeat the bankruptcy law, knowingly and fraudulently transfers or conceals any of the property of such person or corporation; or

Whoever, after the filing of a bankruptcy proceeding or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any document affecting or relating to the property or affairs of a bankrupt; or

Whoever, after the filing of a bankruptcy proceeding, knowingly and fraudulently withholds from the receiver, custodian,

trustee, marshal, or other officer of the court entitled to its possession, any document affecting or relating to the property or affairs of a bankrupt.

Shall be fined not more than $5,000 or imprisoned not more than five years, or both.

§ 153. Embezzlement by trustee, receiver or officer. 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 bankrupt which came into his charge as trustee, receiver, custodian, marshal, or other officer of the court, shall be fined not more than $5,000 or imprisoned not more than five years, or both.

§ 154. Adverse interest and conduct of referees and other officers. Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or

Whoever, being a referee, receiver, 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 bankruptcy proceeding; 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 not more than $500, and shall forfeit his office, which shall thereupon become vacant.

§ 155. Fee agreements in bankruptcy proceedings. Whoever, being a party in interest, whether as a debtor, creditor, receiver, or trustee or representative of any of them, or attorney for any such party in interest, in any receivership, bankruptcy, or reorganization proceeding, in any United States court or under its supervision, 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; or

Whoever, being a judge of a court of the United States knowingly approves the payment of any fees or compensation so fixed

Shall be fined not more than $5,000 or imprisoned not more than one year, or both.

This chapter was enacted June 25, 1948, P.L. 772, 62 Stat. 683, 865, as part of the general revision of the criminal provisions of the United States Code. Section 29 of The Bankruptcy Act was repealed in connection with this revision, as was also the "Borah Act" of August 25, 1937, P.L. 373, 75th Cong., 50 Stat. 810, which had prohibited agreements concerning fees to be paid from estates in bankruptcy, receivership or reorganization. The repeals were designed merely to prevent duplication of matter covered by revised Title 18.

Provisions of the Borah Act involving attorneys or attorneys' fees were not covered in section 155 as enacted in 1948, but this was apparently an inadvertence, for they were restored in full force by the amendment of May 24, 1949, 63 Stat. 90. The harshness and inflexibility of these provisions has been questioned in the National Bankruptcy Conference, but there is no pending bill to modify them.

REFEREES AS UNITED STATES COMMISSIONERS

Act of May 24, 1949, 63 Stat. 100, amending 28 U.S.C. § 631b, disqualified full time referees from holding the office of United States Commissioner. Part time referees remain eligible. Full time referees were formerly eligible. See 28 U.S.C. § 631b, as enacted June 25, 1948, 62 Stat. 915; Act of Dec. 28, 1945, P.L. 272, 79th Cong., 59 Stat. 659.

GENERAL ORDERS AND FORMS IN BANKRUPTCY

(11 U.S.C.A. following section 53.)

General Orders 1-38 and Forms in Bankruptcy 1-63 were promulgated by the United States Supreme Court November 28, 1898. 172 U.S. 653.

General Order 35 was amended December 11, 1905. 199 U.S. 618.

General Orders 39-45 were added and the last sentence of General Order 5 was added April 13, 1925. 267 U.S. 613.

General Order 46 was added and General Order 39 was amended January 13, 1930. 280 U.S. 617.

General Order 46 was amended June 1, 1931. 283 U.S. 870. General Order 47 was added March 31, 1932. 286 U.S. 573.

General Orders 1, 3-5, 10, 12–14, 17, 18, 21, 24, 26, 28-33, 36, 38, 39, 41-44 and 47 were amended and General Orders 48-50 and Forms 64-75 were added effective March 24, 1933. 288 U.S. 621.

General Orders 12 (3), 14, 17 (1) and (7), 18 (4), 21 (8), 28, 29, 38, 42 (2), 44 second paragraph, 47, 48, and 50 (1), (5), (6) and (12) and Forms 65, 72, 73 and 74 were amended, Form 76 was approved, and Form 75 was abrogated, June 1, 1936. 298 U.S. 695.