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11 U.S.C. § 747Subordination of certain customer claims

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section restricts payment of certain customer net-equity claims until other customer net-equity claims are paid in full. It applies to insiders and specified owners or controllers of the debtor.

Unless the exceptions in section 510 of this title, unless all other customer net equity claims have been paid in full, the trustee may not pay in full or pay in part, directly or indirectly, any net equity claim of a customer that was, on the date the transaction giving rise to that claim occurred— (1) an insider; (2) a beneficial owner of at least five percent of any class of equity securities of the debtor, other than— (A) nonconvertible stock having fixed preferential dividend and liquidation rights; or (B) interests of limited partners in a limited partnership; (3) a limited partner with a participation of at least five percent in the net assets or net profits of the debtor; or (4) an entity that, directly or indirectly, through agreement or otherwise, exercised or had the power to exercise control over the management or policies of the debtor.
the actual law source: uscode.house.gov ↗public domain

Except as provided in section 510 of this title, unless all other customer net equity claims have been paid in full, the trustee may not pay in full or pay in part, directly or indirectly, any net equity claim of a customer that was, on the date the transaction giving rise to such claim occurred—

(1)

an insider;

(2)

a beneficial owner of at least five percent of any class of equity securities of the debtor, other than—

(A)

nonconvertible stock having fixed preferential dividend and liquidation rights; or

(B)

interests of limited partners in a limited partnership;

(3)

a limited partner with a participation of at least five percent in the net assets or net profits of the debtor; or

(4)

an entity that, directly or indirectly, through agreement or otherwise, exercised or had the power to exercise control over the management or policies of the debtor.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613; Pub. L. 97–222, § 13, July 27, 1982, 96 Stat. 238.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2613
  • 1982Amended · Pub. L. 97-222 · 96 Stat. 238

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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