11 U.S.C. § 746 : US Code - Section 746: Extent of customer claims

Search 11 U.S.C. § 746 : US Code - Section 746: 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
have made such entity a customer had such transaction occurred
before the date of the filing of the petition, and such transaction
was entered into by such entity in good faith and before the
qualification under section 322 of this title of a trustee, such
entity shall be deemed a customer, and the date of such transaction
shall be deemed to be the date of the filing of the petition for
the purpose of determining such entity's net equity.
(b) An entity does not have a claim as a customer to the extent
that such entity transferred to the debtor cash or a security that,
by contract, agreement, understanding, or operation of law, is -
(1) part of the capital of the debtor; or
(2) subordinated to the claims of any or all creditors.