11 U.S.C. § 749 — Voidable transfers
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 217 words · no verdicts yet
This section lets a trustee avoid certain transfers that would otherwise have been customer property. It provides an exception for specified securities contracts and their liquidation when the Commission approves the transfer.
(a) Except as otherwise provided in this section, any transfer* of property that, but for that transfer, would have been customer property, may be avoided by the trustee, and that property shall be treated as customer property, if and to the extent that the trustee avoids that transfer under section 544, 545, 547, 548, or 549 of this title. For the purpose of that sections, the property so transferred is treated to have been property of the debtor* and, if that transfer was made to a customer or for a customer’s benefit, that customer is treated, for the purposes of this section, to have been a creditor*. (b) Notwithstanding sections 544, 545, 547, 548, and 549 of this title, the trustee may not avoid a transfer made before seven days after the order for relief if that transfer is approved by the Commission by rule or order, either before or after that transfer, and if that transfer is— (1) a transfer of a securities contract entered into or carried by or through the debtor on behalf of a customer, and of any cash, security, or other property margining or securing that securities contract; or (2) the liquidation of a securities contract entered into or carried by or through the debtor on behalf of a customer.
Except as otherwise provided in this section, any transfer* of property that, but for such transfer, would have been customer property, may be avoided by the trustee, and such property shall be treated as customer property, if and to the extent that the trustee avoids such transfer under section 544, 545, 547, 548, or 549 of this title. For the purpose of such sections, the property so transferred shall be deemed to have been property of the debtor* and, if such transfer was made to a customer or for a customer’s benefit, such customer shall be deemed, for the purposes of this section, to have been a creditor*.
Notwithstanding sections 544, 545, 547, 548, and 549 of this title, the trustee may not avoid a transfer made before seven days after the order for relief if such transfer is approved by the Commission by rule or order, either before or after such transfer, and if such transfer is—
a transfer of a securities contract entered into or carried by or through the debtor on behalf of a customer, and of any cash, security, or other property margining or securing such securities contract; or
the liquidation of a securities contract entered into or carried by or through the debtor on behalf of a customer.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2614; Pub. L. 97–222, § 14, July 27, 1982, 96 Stat. 238; Pub. L. 111–16, § 2(8), May 7, 2009, 123 Stat. 1607.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2614
- 1982Amended · Pub. L. 97-222 · 96 Stat. 238
- 2009Amended · Pub. L. 111-16 · 123 Stat. 1607
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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