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—
(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.
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.
1982—Pub. L. 97–222substituted “the transaction giving rise to such claim occurred” for “such claim arose” in provisions preceding par. (1).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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