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2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 508 Effect of distribution other than under this title us united_states_code code_section 11 BANKRUPTCY 5 CREDITORS, THE DEBTOR, AND THE ESTATE 508 11 U.S.C. § 508 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s508 data/legal/raw/us/code/title-11/usc11.xml a4f3df77ec59d4292237de475fedc9a908ffd1369a8a2d8a41e1e252b4c7943f 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 f6482d95407da81d232a826cacf4bbe234a99770dd862844a2f6acf60eec10da 2026-07-04 official
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11 U.S.C. § 508 - Effect of distribution other than under this title

Text

If a creditor of a partnership debtor receives, from a general partner that is not a debtor in a case under chapter 7 of this title, payment of, or a transfer of property on account of, a claim that is allowed under this title and that is not secured by a lien on property of such partner, such creditor may not receive any payment under this title on account of such claim until each of the other holders of claims on account of which such holders are entitled to share equally with such creditor under this title has received payment under this title equal in value to the consideration received by such creditor from such general partner.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2585; Pub. L. 1098, title VIII, § 802(d)(7), Apr. 20, 2005, 119 Stat. 146.)

Notes

Historical and Revision Notes

legislative statementsSection 508(b) of the House amendment is new and provides an identical rule with respect to a creditor of a partnership who receives payment from a partner, to that of a creditor of a debtor who receives a payment in a foreign proceeding involving the debtor.

senate report no. 95989This section prohibits a creditor from receiving any distribution in the bankruptcy case if he has received payment of a portion of his claim in a foreign proceeding, until the other creditors in the bankruptcy case in this country that are entitled to share equally with that creditor have received as much as he has in the foreign proceeding.

Editorial Notes

Amendments2005—Pub. L. 1098 designated subsec. (b) as entire section and struck out subsec. (a) which read as follows: “If a creditor receives, in a foreign proceeding, payment of, or a transfer of property on account of, a claim that is allowed under this title, such creditor may not receive any payment under this title on account of such claim until each of the other holders of claims on account of which such holders are entitled to share equally with such creditor under this title has received payment under this title equal in value to the consideration received by such creditor in such foreign proceeding.”

Statutory Notes and Related Subsidiaries

Effective Date of 2005 AmendmentAmendment by Pub. L. 1098 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 1098, set out as a note under section 101 of this title.