11 U.S.C. § 745 — Treatment of accounts
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 120 words · no verdicts yet
This section sets rules for treating certain accounts as separate customer accounts. It covers accounts held by the debtor in different capacities, certain claims held by a stockbroker or bank, and qualifying trustee accounts.
(a) Accounts held by the debtor* for one particular customer in separate capacities must be treated as accounts of separate customers.
(b) If a stockbroker or bank holds a customer net equity claim* against the debtor, and that claim arose from a transaction for a customer of the stockbroker or bank, each such customer of the stockbroker or bank must be treated as a separate customer of the debtor.
(c) Each trustee’s account that is identified as a trustee’s account in the debtor’s books, and that is supported by a trust deed filed with and accepted as such by the Internal Revenue Service under the Internal Revenue Code of 1986, must be treated as a separate customer account for each beneficiary under that trustee account. This section does not define the terms "customer net equity claim", "trust deed", or "customer account".
Accounts held by the debtor* for a particular customer in separate capacities shall be treated as accounts of separate customers.
If a stockbroker or a bank holds a customer net equity claim* against the debtor that arose out of a transaction for a customer of such stockbroker or bank, each such customer of such stockbroker or bank shall be treated as a separate customer of the debtor.
Each trustee’s account specified as such on the debtor’s books, and supported by a trust deed filed with, and qualified as such by, the Internal Revenue Service, and under the Internal Revenue Code of 1986, shall be treated as a separate customer account for each beneficiary under such trustee account.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613; Pub. L. 97–222, § 11, July 27, 1982, 96 Stat. 238; Pub. L. 98–353, title III, § 483, July 10, 1984, 98 Stat. 383; Pub. L. 103–394, title V, § 501(d)(28), Oct. 22, 1994, 108 Stat. 4146.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2613
- 1982Amended · Pub. L. 97-222 · 96 Stat. 238
- 1984Amended · Pub. L. 98-353 · 98 Stat. 383
- 1994Amended · Pub. L. 103-394 · 108 Stat. 4146
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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