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Title 11 — Bankruptcy

Chapter 7 — Liquidation

§ 747. Subordination of certain customer claims

Statutory text

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.

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.

  1. Pub. L. 95–598 · 92 Stat. 2549

    Enacted · 11 U.S.C. § 747

    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613

    Source evidence

    Code source credit
    Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613

  2. Pub. L. 97–222 § 13 · 96 Stat. 235

    Substituted · 11 U.S.C. § 747

    Pub. L. 97–222 substituted “the transaction giving rise to such claim occurred” for “such claim arose” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Pub. L. 97–222 substituted “the transaction giving rise to such claim occurred” for “such claim arose” in provisions preceding par. (1).

    Enacted provision · exact public law section
    Sec. 13. Section 747 of title 11, United States Code, is amended by striking out “such claim arose” and inserting in lieu thereof “the transaction giving rise to such claim occurred”.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes
senate report no. 95–989

Section 747 subordinates to other customer claims, all claims of a customer who is an insider, a five percent owner of the debtor, or otherwise in control of the debtor.

Editorial Notes

Amendments

1982—Pub. L. 97–222 substituted “the transaction giving rise to such claim occurred” for “such claim arose” in provisions preceding par. (1).

Credits

1978–1982 · 2 acts
  1. 1978Pub. L. 95–598, , 92 Stat. 2613
  2. 1982Pub. L. 97–222, § 13, , 96 Stat. 238.
Show as published

(Pub. L. 95–598, , 92 Stat. 2613; Pub. L. 97–222, § 13, , 96 Stat. 238.)

Parsed from the official OLRC USLM XML in data/usc_all/usc11.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t11/s747