11 U.S.C. § 783 — Additional powers of trustee
submitted 26 years ago by Pub. L. 106-554 to r/title-11-BANKRUPTCY · 267 words · no verdicts yet
The trustee may distribute property outside the estate and, after notice and a hearing, may sell, merge, or transfer the clearing bank and its assets, liabilities, and contracts. Transfers of liabilities include proportional transfers within a priority class.
(a) Distribution of property not of the estate. The trustee may distribute property that is not property of the estate, including customer distributions required by subchapters III and IV of this chapter.
(b) Disposition of institution. After notice and a hearing, the trustee may: (1) sell the clearing bank* to a depository institution* or group of depository institutions, with the group allowed to agree how to divide the clearing bank; (2) merge the clearing bank with a depository institution; (3) transfer* contracts to the same extent that a receiver for a depository institution could under paragraphs (9) and (10) of section 11(e) of the Federal Deposit Insurance Act; (4) transfer assets or liabilities to a depository institution; and (5) transfer assets and liabilities to a bridge depository institution as provided in paragraphs (1), (3)(A), (5), and (6) of section 11(n) of the Federal Deposit Insurance Act, paragraphs (9) through (13) of that section, and subparagraphs (A) through (H) and subparagraph (K) of paragraph (4) of that section 11(n). For item (5), the bridge depository institution receiving the assets or liabilities is treated as a clearing bank for this subsection, and references in any of those provisions to the Federal Deposit Insurance Corporation* mean the appointing agency; references to deposit insurance are omitted.
(c) Certain transfers included. A reference in this section to transferring liabilities includes transferring liabilities proportionally within a priority class.
The trustee under this subchapter has power to distribute property not of the estate, including distributions to customers that are mandated by subchapters III and IV of this chapter.
The trustee under this subchapter may, after notice and a hearing—
sell the clearing bank* to a depository institution* or consortium of depository institutions (which consortium may agree on the allocation of the clearing bank among the consortium);
merge the clearing bank with a depository institution;
transfer* contracts to the same extent as could a receiver for a depository institution under paragraphs (9) and (10) of section 11(e) of the Federal Deposit Insurance Act;
transfer assets or liabilities to a depository institution; and
transfer assets and liabilities to a bridge depository institution as provided in paragraphs (1), (3)(A), (5), and (6) of section 11(n) of the Federal Deposit Insurance Act, paragraphs (9) through (13) of such section, and subparagraphs (A) through (H) and subparagraph (K) of paragraph (4) of such section 11(n), except that—
the bridge depository institution to which such assets or liabilities are transferred shall be treated as a clearing bank for the purpose of this subsection; and
any references in any such provision of law to the Federal Deposit Insurance Corporation* shall be construed to be references to the appointing agency and that references to deposit insurance shall be omitted.
Any reference in this section to transfers of liabilities includes a ratable transfer of liabilities within a priority class.
Source credit: (Added Pub. L. 106–554, § 1(a)(5) [title I, § 112(c)(5)(B)], Dec. 21, 2000, 114 Stat. 2763, 2763A–395; amended Pub. L. 110–289, div. A, title VI, § 1604(b)(3), July 30, 2008, 122 Stat. 2829.)
- 2000Enacted · Pub. L. 106-554 · 114 Stat. 2763, 2763
- 2008Amended · Pub. L. 110-289 · 122 Stat. 2829
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-554 on 2000-12-21.
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