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11 U.S.C. § 752 — Customer property

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 752 — Customer property

**(a)** The trustee shall distribute customer property ratably to customers on the basis and to the extent of such customers’ allowed net equity claims and in priority to all other claims, except claims of the kind specified in [section 507(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507/a/2&num=0&edition=prelim) that are attributable to the administration of such customer property. **(b)** (1) The trustee shall distribute customer property in excess of that distributed under subsection (a) of this section in accordance with [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726&num=0&edition=prelim). (2) Except as provided in [section 510 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section510&num=0&edition=prelim), if a customer is not paid the full amount of such customer’s allowed net equity claim from customer property, the unpaid portion of such claim is a claim entitled to distribution under [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726&num=0&edition=prelim). **(c)** Any cash or security remaining after the liquidation of a security interest created under a security agreement made by the debtor, excluding property excluded under [section 741(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section741/4/B&num=0&edition=prelim), shall be apportioned between the general estate and customer property in the same proportion as the general estate of the debtor and customer property were subject to such security interest.

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Source location: Title 11, Chapter 7, § 752; chapter-007-liquidation.md

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 501 — Filing of proofs of claims or interests

**(a)** A creditor or an indenture trustee may file a proof of claim. An equity security holder may file a proof of interest. **(b)** If a creditor does not timely file a proof of such creditor’s claim, an entity that is liable to such creditor with the debtor, or that has secured such creditor, may file a proof of such claim. **(c)** If a creditor does not timely file a proof of such creditor’s claim, the debtor or the trustee may file a proof of such claim. **(d)** A claim of a kind specified in section 502(e)(2), 502(f), 502(g), 502(h) or 502(i) of this title may be filed under subsection (a), (b), or (c) of this section the same as if such claim were a claim against the debtor and had arisen before the date of the filing of the petition. **(e)** A claim arising from the liability of a debtor for fuel use tax assessed consistent with the requirements of [section 31705 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31705&num=0&edition=prelim) may be filed by the base jurisdiction designated pursuant to the International Fuel Tax Agreement (as defined in [section 31701 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31701&num=0&edition=prelim)) and, if so filed, shall be allowed as a single claim.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 510 — Subordination

**(a)** A subordination agreement is enforceable in a case under this title to the same extent that such agreement is enforceable under applicable nonbankruptcy law. **(b)** For the purpose of distribution under this title, a claim arising from rescission of a purchase or sale of a security of the debtor or of an affiliate of the debtor, for damages arising from the purchase or sale of such a security, or for reimbursement or contribution allowed under section 502 on account of such a claim, shall be subordinated to all claims or interests that are senior to or equal the claim or interest represented by such security, except that if such security is common stock, such claim has the same priority as common stock. **(c)** Notwithstanding subsections (a) and (b) of this section, after notice and a hearing, the court may— (1) under principles of equitable subordination, subordinate for purposes of distribution all or part of an allowed claim to all or part of another allowed claim or all or part of an allowed interest to all or part of another allowed interest; or (2) order that any lien securing such a subordinated claim be transferred to the estate.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 726 — Distribution of property of the estate

**(a)** Except as provided in [section 510 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section510&num=0&edition=prelim), property of the estate shall be distributed— (1) first, in payment of claims of the kind specified in, and in the order specified in, [section 507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507&num=0&edition=prelim), proof of which is timely filed under [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501&num=0&edition=prelim) or tardily filed on or before the earlier of— (A) the date that is 10 days after the mailing to creditors of the summary of the trustee’s final report; or (B) the date on which the trustee commences final distribution under this section; (2) second, in payment of any allowed unsecured claim, other than a claim of a kind specified in paragraph (1), (3), or (4) of this subsection, proof of which is— (A) timely filed under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim); (B) timely filed under section 501(b) or 501(c) of this title; or (C) tardily filed under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim), if— (i) the creditor that holds such claim did not have notice or actual knowledge of the case in time for timely filing of a proof of such claim under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim); and (ii) proof of such claim is filed in time to permit payment of such claim; (3) third, in payment of a

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 752 — Customer property

Page 214 TITLE 11—BANKRUPTCY § 752 HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 Section 751 requires the trustee to deliver a customer name security to the customer entitled to such secu- rity unless the customer has a negative net equity. The customer’s net equity will be negative when the amount owed by the customer to the stockbroker ex- ceeds the liquidation value of the non-customer name securities in the customer’s account. If the customer is a net debtor of the stockbroker, then the trustee may permit the customer to repay debts to the stockbroker so that the customer will no longer be in debt to the stockbroker. If the customer refuses to pay such amount, then the court may order the customer to en- dorse the security in order that the trustee may liq- uidate such property. § 752. Customer property (a) The trustee shall distribute customer prop- erty ratably to customers on the basis and to the extent of such customers’ allowed net equity claims and in priority to all other claims, except claims of the kind specified in section 507(a)(2) of this title that are attributable to the admin- istration of such customer property. (b)(1) The trustee shall distribute customer property in excess of that distributed under sub- section (a) of this section in accordance with section 726 of this title. (2) Except as provided in section 510 of this title, if a customer is not paid the full amount of such customer’s allowed net equity claim from customer property, the unpaid portion of such claim is a claim entitled to distribution under section 726 of this title. (c) Any cash or security remaining after the liquidation of a security interest created under a security agreement made by the debtor, ex- cluding property excluded under sect

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