Criminal Referrals Under 11 U.S.C. § 158(d)

When a judge determines a bankruptcy schedule or statement may contain a materially fraudulent statement, the judge will send a referral letter or a notice, with copies of relevant documents, to the clerk. The clerk will copy the notice for recordkeeping purposes and transmit it to individuals designated by the Attorney General under 11 U.S.C. § 158(d). The judge may first transmit the referral to the United States Trustee to investigate and review. The United States Trustee may also make a referral, based on any investigation, to the individuals designated under 11 U.S.C. § 158(d).

A copy of any criminal referral must be sent to the Administrative Office of the United States Courts. This Local Rule also applies to criminal referrals under 11 U.S.C. § 3057. Part IV The Debtor: Duties and Benefits