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11 U.S.C. § 745Treatment of accounts

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 120 words · no verdicts yet

in plain englishAI-generated · not legal advice

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".
the actual law source: uscode.house.gov ↗public domain
(a)

Accounts held by the debtor for a particular customer in separate capacities shall be treated as accounts of separate customers.

(b)

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.

(c)

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.)

history & why it existsrecord from the source credit
  • 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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