Title 11 — Bankruptcy
Chapter 7 — Liquidation
§ 745. Treatment of accounts
Statutory text
Accounts held by the debtor for a particular customer in separate capacities shall be treated as accounts of separate customers.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 745
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613Pub. L. 97–222 § 11 · 96 Stat. 235
Substituted · 11 U.S.C. § 745(c)
Pub. L. 97–222 substituted “Each” for “A”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–222 substituted “Each” for “A”.Enacted provision · exact public law section
Sec. 11. Section 745(c) of title 11, United States Code, is amended by striking out “A” and inserting in lieu thereof “Each”.Pub. L. 98–353 title III § 483 · 98 Stat. 333
Inserted · 11 U.S.C. § 745(a)
Pub. L. 98–353 inserted “the debtor for” after “by”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–353 inserted “the debtor for” after “by”.Enacted provision · exact public law section
Sec. 483. Section 745(a) of title 11 of the United States Code is amended by inserting “the debtor for” after “by”.Bankruptcy Reform Act of 1994
Pub. L. 103–394 title V § 501(d)(28) · 108 Stat. 4106
Substituted · 11 U.S.C. § 745(c)
Pub. L. 103–394 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–394 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)”.Enacted provision · exact public law section
(28) in section 745(c) by striking “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” and inserting “Internal Revenue Code of 1986”,Effective date note
Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
senate report no. 95–989
Section 745(a) indicates that each account held by a customer in a separate capacity is to be considered a separate account. This prevents the offset of accounts held in different capacities.
Subsection (b) indicates that a bank or another stockbroker that is a customer of a debtor is considered to hold its customers accounts in separate capacities. Thus a bank or other stockbroker is not treated as a mutual fund for purposes of bulk investment. This protects unrelated customers of a bank or other stockholder from having their accounts offset.
Subsection (c) effects the same result with respect to a trust so that each beneficiary is treated as the customer of the debtor rather than the trust itself. This eliminates any doubt whether a trustee holds a personal account in a separate capacity from his trustee’s account.
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
Amendments1982–1994 · 3 rounds
1994
Subsec. (c). Pub. L. 103–394 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)”.
1984
Subsec. (a). Pub. L. 98–353 inserted “the debtor for” after “by”.
1982
Subsec. (c). Pub. L. 97–222 substituted “Each” for “A”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–394 effective , and not applicable with respect to cases commenced under this title before , see section 702 of Pub. L. 103–394, set out as a note under section 101 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after , see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
Credits
1978–1994 · 4 acts
- 1978Pub. L. 95–598, , 92 Stat. 2613
- 1982Pub. L. 97–222, § 11, , 96 Stat. 238
- 1984Pub. L. 98–353, title III, § 483, , 98 Stat. 383
- 1994Pub. L. 103–394, title V, § 501(d)(28), , 108 Stat. 4146.
Show as published
(Pub. L. 95–598, , 92 Stat. 2613; Pub. L. 97–222, § 11, , 96 Stat. 238; Pub. L. 98–353, title III, § 483, , 98 Stat. 383; Pub. L. 103–394, title V, § 501(d)(28), , 108 Stat. 4146.)