11 U.S.C. § 747 : US Code - Section 747: Subordination of certain customer claims
Search 11 U.S.C. § 747 : US Code - Section 747: Subordination of certain customer claims
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.
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