§745 — Title 11 Bankruptcy | U.S. Code

Summary

Certain accounts must be treated as separate customer accounts. If the debtor holds accounts for the same person in different capacities, each capacity counts as a separate customer. If a stockbroker or bank has a customer net equity claim against the debtor that came from a customer's transaction, each of those customers must be treated separately. A trustee’s account that is shown that way on the debtor’s books and is backed by a trust deed filed with and recognized by the Internal Revenue Service under the Internal Revenue Code of 1986 must be treated as a separate customer account for each beneficiary named in that trustee account.

Title 11, §745

Bankruptcy — Source: USLM XML via OLRC

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

(b)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.

(c)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.

Notes & Related Subsidiaries

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.

Amendments

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 AmendmentAmendment 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.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

§745 Treatment of accounts

Summary

Title 11, §745

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata