11 U.S.C. § 783: Additional powers of trustee

Summary

The trustee can give out property that is not part of the bankruptcy estate, including customer payments required under subchapters III and IV of this chapter. After giving notice and holding a hearing, the trustee may sell or merge the clearing bank, or move contracts, assets, or liabilities to another depository institution or to a bridge depository institution. The trustee’s power to move contracts follows paragraphs (9) and (10) of section 11(e) of the Federal Deposit Insurance Act. Transfers to a bridge depository institution follow the listed parts of section 11(n) of that Act, with the bridge bank treated as a clearing bank and references to the Federal Deposit Insurance Corporation read as references to the appointing agency and references to deposit insurance omitted. References to transferring liabilities include proportional (ratable) transfers within the same priority class.

Title 11, §783

Bankruptcy, Source: USLM XML via OLRC

(a)Distribution of Property Not of the Estate.—

The trustee under this subchapter has power to distribute property not of the estate, including distributions to customers that are mandated by subchapters III and IV of this chapter.

(b)Disposition of Institution.—

The trustee under this subchapter may, after notice and a hearing—

(1)sell the clearing bank to a depository institution or consortium of depository institutions (which consortium may agree on the allocation of the clearing bank among the consortium);

(2)merge the clearing bank with a depository institution;

(3)transfer contracts to the same extent as could a receiver for a depository institution under paragraphs (9) and (10) of section 11(e) of the Federal Deposit Insurance Act;

(4)transfer assets or liabilities to a depository institution; and

(5)transfer assets and liabilities to a bridge depository institution as provided in paragraphs (1), (3)(A), (5), and (6) of section 11(n) of the Federal Deposit Insurance Act, paragraphs (9) through (13) of such section, and subparagraphs (A) through (H) and subparagraph (K) of paragraph (4) of such section 11(n), except that—

(A)the bridge depository institution to which such assets or liabilities are transferred shall be treated as a clearing bank for the purpose of this subsection; and

(B)any references in any such provision of law to the Federal Deposit Insurance Corporation shall be construed to be references to the appointing agency and that references to deposit insurance shall be omitted.

(c)Certain Transfers Included.—

Any reference in this section to transfers of liabilities includes a ratable transfer of liabilities within a priority class.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 11 of the Federal Deposit Insurance Act, referred to in subsec. (b)(3), (5), is classified to section 1821 of Title 12, Banks and Banking.

Amendments

2008—Subsec. (b)(5). Pub. L. 110–289, which directed amendment of this section by substituting “bridge depository institution” for “bridge bank”, was executed by making the substitution in introductory provisions and subpar. (A) of subsec. (b)(5), to reflect the probable intent of Congress.

§783 Additional Powers of Trustee