11 U.S.C. ch. 7 — Liquidation (Bankruptcy, §§ 701–784)

Effect of section 362 of this title in this subchapter

— Effect of section 362 of this title in this subchapter Notwithstanding section 362 of this title , SIPC may file an application for a protective decree under…

Extent of customer claims

— Extent of customer claims (a) If, after the date of the filing of the petition, an entity enters into a transaction with the debtor, in a manner that would…

Definitions

— Definitions For purposes of this subchapter, the following definitions shall apply: (1) Board .— The term “Board” means the Board of Governors of the Federal…

Conversion

— Conversion (a) The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been…

Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants

— Commodity broker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities…

Right to be heard

— Right to be heard The Board or a Federal reserve bank (in the case of a clearing bank that is a member of that bank) may raise and may appear and be heard on…

Disposition of certain property

— Disposition of certain property After the commencement of a case under this chapter, but before final distribution of property of the estate under section…

Customer property

— Customer property (a) The trustee shall distribute customer property ratably to customers on the basis and to the extent of such customers’ allowed net…

Subordination of certain customer claims

— Subordination of certain customer claims Except as provided in section 510 of this title , unless all other customer net equity claims have been paid in…

Definitions for this subchapter

— Definitions for this subchapter In this subchapter— (1) “Act” means Commodity Exchange Act; (2) “clearing organization” means a derivatives clearing…

Distribution of property of the estate

— Distribution of property of the estate (a) Except as provided in section 510 of this title , property of the estate shall be distributed— (1) first, in…

Treatment of accounts

— Treatment of accounts (a) Accounts held by the debtor for a particular customer in separate capacities shall be treated as accounts of separate customers…

Treatment of certain liens

— Treatment of certain liens (a) The trustee may avoid a lien that secures a claim of a kind specified in section 726(a) (4) of this title . (b) Property in…

Notice to the Commission and right to be heard

— Notice to the Commission and right to be heard (a) The clerk shall give the notice required by section 342 of this title to the Commission. (b) The…

Executory contracts

— Executory contracts Notwithstanding section 365(d)(1) of this title , the trustee shall assume or reject, under section 365 of this title , any executory…

Rights of partnership trustee against general partners

— Rights of partnership trustee against general partners (a) If there is a deficiency of property of the estate to pay in full all claims which are allowed in…

Discharge

— Discharge (a) The court shall grant the debtor a discharge, unless— (1) the debtor is not an individual; (2) the debtor, with intent to hinder, delay, or…

Authorization to operate business

— Authorization to operate business The court may authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the…

Successor trustee

— Successor trustee (a) If a trustee dies or resigns during a case, fails to qualify under section 322 of this title , or is removed under section 324 of this…

Voidable transfers

— Voidable transfers (a) Except as otherwise provided in this section, any transfer of property that, but for such transfer, would have been customer property…

Duties of trustee

— Duties of trustee (a) The trustee shall— (1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as…

Treatment of customer property

— Treatment of customer property (a) The trustee shall answer all margin calls with respect to a specifically identifiable commodity contract of a customer…

Distribution of securities

— Distribution of securities The trustee may not distribute a security except under section 751 of this title .

Notice

— Notice The clerk shall give the notice required by section 342 of this title to SIPC and to the Commission.

Definitions for this subchapter

— Definitions for this subchapter In this subchapter— (1) “Commission” means Securities and Exchange Commission; (2) “customer” includes— (A) entity with whom…

Creditors’ committee

— Creditors’ committee (a) At the meeting under section 341(a) of this title , creditors that may vote for a trustee under section 702(a) of this title may…

Reduction of securities to money

— Reduction of securities to money As soon as practicable after the date of the order for relief, the trustee shall reduce to money, consistent with good…

Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing agencies, swap participants, repo participants, and master netting agreement participants

— Stockbroker liquidation and forward contract merchants, commodity brokers, stockbrokers, financial institutions, financial participants, securities clearing…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 (a) The court may dismiss a case under this chapter only after notice and a hearing and…

Election of trustee

— Election of trustee (a) A creditor may vote for a candidate for trustee only if such creditor— (1) holds an allowable, undisputed, fixed, liquidated…

Customer instructions

— Customer instructions (a) The notice required by section 342 of this title to customers shall instruct each customer— (1) to file a proof of such customer’s…

Selection of trustee

— Selection of trustee (a) In General.— (1) Appointment .— Notwithstanding any other provision of this title, the conservator or receiver who files the…

Additional powers of trustee

— Additional powers of trustee (a) Distribution of Property Not of the Estate .— The trustee under this subchapter has power to distribute property not of the…

Treatment of accounts

— Treatment of accounts (a) Accounts held by the debtor for a particular customer in separate capacities shall be treated as accounts of separate customers…

Customer name securities

— Customer name securities The trustee shall deliver any customer name security to or on behalf of the customer entitled to such security, unless such customer…

Interim trustee

— Interim trustee (a) (1) Promptly after the order for relief under this chapter, the United States trustee shall appoint one disinterested person that is a…

Redemption

— Redemption An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended…

Voidable transfers

— Voidable transfers (a) Except as otherwise provided in this section, any transfer by the debtor of property that, but for such transfer, would have been…

Treatment of certain liens

— Treatment of certain liens (4) fourth, to any holder of an allowed claim secured by a lien on such property that is not avoidable under this title and that…

Definitions for this subchapter

— Definitions for this subchapter (4) “customer property” means cash, security, or other property, and proceeds of such cash, security, or property, received…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 (2) (A) (i) In considering under paragraph

Definitions for this subchapter

— Definitions for this subchapter (4) “commodity contract” means— (A) with respect to a futures commission merchant, contract for the purchase or sale of a…

Distribution of property of the estate

— Distribution of property of the estate (4) fourth, in payment of any allowed claim, whether secured or unsecured, for any fine, penalty, or forfeiture, or…

Duties of trustee

— Duties of trustee (11) if, at the time of the commencement of the case, the debtor (or any entity designated by the debtor) served as the administrator (as…

Discharge

— Discharge (6) the debtor has refused, in the case— (A) to obey any lawful order of the court, other than an order to respond to a material question or to…

Rights of partnership trustee against general partners

— Rights of partnership trustee against general partners of a kind specified in such section. (d) If the aggregate that the trustee recovers from the estates…

Treatment of customer property

— Treatment of customer property (3) disposing of such commodity if a party to such commodity contract defaults. (c) The trustee shall return promptly to a…

Duties of trustee

— Duties of trustee (1), either file a motion to dismiss or convert under section 707(b) or file a statement setting forth the reasons the United States…

Treatment of customer property

— Treatment of customer property (1) is identified to a particular customer and with respect to which such customer has not timely instructed the trustee as to…

Definitions for this subchapter

— Definitions for this subchapter that the master agreement shall be considered to be a commodity contract under this paragraph only with respect to each…

Definitions for this subchapter

— Definitions for this subchapter (6) “net equity” means, with respect to all accounts of a customer that such customer has in the same capacity— (A) (i)…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 (1) whether the granting of relief would be an abuse of the provisions of this chapter…

Distribution of property of the estate

— Distribution of property of the estate (2) of this title , or proceeds of such property, in the estate, such property or proceeds shall be segregated from…

Treatment of certain liens

— Treatment of certain liens (1) Claims for wages, salaries, and commissions that are entitled to priority under section 507(a) (4). (2) Claims for…

Discharge

— Discharge (9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case…

Definitions for this subchapter

— Definitions for this subchapter (9) “customer” means— (A) with respect to a futures commission merchant— (i) entity for or with whom such futures commission…

Duties of trustee

— Duties of trustee (10) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under…

Treatment of customer property

— Treatment of customer property (3) payment of margin calls under subsection (a) of this section. Notwithstanding any other provision of this subsection, a…

Distribution of property of the estate

— Distribution of property of the estate (2) of this title that is solely liable for debts of the debtor. (C) Third, to the extent that all claims against the…

Definitions for this subchapter

— Definitions for this subchapter (7) “securities contract”— (A) means— (i) a contract for the purchase, sale, or loan of a security, a certificate of deposit…

Discharge

— Discharge (12) the court after notice and a hearing held not more than 10 days before the date of the entry of the order granting the discharge finds that…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 or other applicable Federal law. The expenses included in the debtor’s monthly expenses…

Discharge

— Discharge (2) On request of a party in interest, the court may order the trustee to examine the acts and conduct of the debtor to determine whether a ground…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 to an amount of 10 percent of the projected plan payments, as determined under schedules…

Duties of trustee

— Duties of trustee (1)(C)(iv) the last known address of the debtor. (B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a…

Definitions for this subchapter

— Definitions for this subchapter coupled with a securities sale transaction; (vii) any other agreement or transaction that is similar to an agreement or…

Definitions for this subchapter

— Definitions for this subchapter a deposit or payment of cash, a security, or other property with such foreign futures commission merchant for the purpose of…

Treatment of customer property

— Treatment of customer property (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…

Definitions for this subchapter

— Definitions for this subchapter (8) “settlement payment” means a preliminary settlement payment, a partial settlement payment, an interim settlement payment…

Definitions for this subchapter

— Definitions for this subchapter claim on account of a commodity contract made, received, acquired, or held by or through such commodity options dealer in the…

Discharge

— Discharge (3) of this section before the later of— (A) one year after the granting of such discharge; and (B) the date the case is closed.

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 or other property necessary for the support of the debtor and the debtor’s dependents…

Definitions for this subchapter

— Definitions for this subchapter (10) “customer property” means cash, a security, or other property, or proceeds of such cash, security, or property…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 arises under subparagraph (A)(i), that show how each such amount is calculated. (D)…

Definitions for this subchapter

— Definitions for this subchapter (17) “net equity” means, subject to such rules and regulations as the Commission promulgates under the Act, with respect to…

Dismissal of a case or conversion to a case under chapter 11 or 13

— Dismissal of a case or conversion to a case under chapter 11 or 13 (1) whether the granting of relief would be an abuse of the provisions of this chapter in…