Title 11BankruptcyRelease 119-73

§747 Subordination of certain customer claims

Title 11 › Chapter CHAPTER 7— - LIQUIDATION › Subchapter SUBCHAPTER III— - STOCKBROKER LIQUIDATION › § 747

Last updated Apr 6, 2026|Official source

Summary

Unless section 510 allows it, the trustee must not pay, either in full or in part and either directly or indirectly, any customer's net equity claim until all other customers’ net equity claims are paid in full. This rule applies if, on the date of the transaction, that customer was one of four types: an insider; anyone owning at least five percent of any class of the debtor’s stock (with two exceptions: certain nonconvertible preferred stock and limited partnership interests); a limited partner with at least five percent of the debtor’s net assets or net profits; or an entity that controlled the debtor’s management or policies.

Full Legal Text

Title 11, §747

Bankruptcy — Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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).

Reference

Citations & Metadata

Citation

11 U.S.C. § 747

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73