11-U.S.C.-751
§751 – Customer Name Securities
Pathway
Title 11 > Chapter 7 > Subchapter III > Section 751
Details
- Reference: Section 751
- Legend: §751 – Customer Name Securities
- USCode Year: 2013
Provision Content
The trustee shall deliver any customer name security to or on behalf of the customer entitled to such security, unless such customer has a negative net equity. With the approval of the trustee, a customer may reclaim a customer name security after payment to the trustee, within such period as the trustee allows, of any claim of the debtor against such customer to the extent that such customer will not have a negative net equity after such payment.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2614.)
Historical and Revision Notes
senate report no. 95–989
Section 751 requires the trustee to deliver a customer name security to the customer entitled to such security unless the customer has a negative net equity. The customers net equity will be negative when the amount owed by the customer to the stockbroker exceeds the liquidation value of the non-customer name securities in the customers account. If the customer is a net debtor of the stockbroker, then the trustee may permit the customer to repay debts to the stockbroker so that the customer will no longer be in debt to the stockbroker. If the customer refuses to pay such amount, then the court may order the customer to endorse the security in order that the trustee may liquidate such property.
U.S. Encyclopedia of Law Coverage
Subchapter III – Stockbroker Liquidation in the Legal Encyclopedia: Bankruptcy
In this entry about Subchapter III – Stockbroker Liquidation, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
11-U.S.C.-741 in the Legal Encyclopedia: Liquidation
In this entry about 11-U.S.C.-741, find legal reference material, bibliographies and premiere content related to liquidation in the American Encyclopedia of Law, presenting a comprehensive view of the United States liquidation-specific issues, written by authorities in the field.
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