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

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LegalText 11 U.S.C. § 749 Voidable transfers us united_states_code code_section 11 BANKRUPTCY 7 LIQUIDATION 749 11 U.S.C. § 749 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/s749 data/legal/raw/us/code/title-11/usc11.xml 92446f3b9422b6ad8a01c0e2f5da4b8d89a5694bc6a553b3dc97a727b4372584 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 90442ed585601e8d57a87cdeb6cbb8018dfe6a37e6d3c0ac131dd9c94d323ceb 2026-07-04 official
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11 U.S.C. § 749 - Voidable transfers

Text

(a) Except as otherwise provided in this section, any transfer of property that, but for such transfer, would have been customer property, may be avoided by the trustee, and such property shall be treated as customer property, if and to the extent that the trustee avoids such transfer under section 544, 545, 547, 548, or 549 of this title. For the purpose of such sections, the property so transferred shall be deemed to have been property of the debtor and, if such transfer was made to a customer or for a customers benefit, such customer shall be deemed, for the purposes of this section, to have been a creditor.

(b) Notwithstanding sections 544, 545, 547, 548, and 549 of this title, the trustee may not avoid a transfer made before seven days after the order for relief if such transfer is approved by the Commission by rule or order, either before or after such transfer, and if such transfer is—

(1) a transfer of a securities contract entered into or carried by or through the debtor on behalf of a customer, and of any cash, security, or other property margining or securing such securities contract; or

(2) the liquidation of a securities contract entered into or carried by or through the debtor on behalf of a customer.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2614; Pub. L. 97222, § 14, July 27, 1982, 96 Stat. 238; Pub. L. 11116, § 2(8), May 7, 2009, 123 Stat. 1607.)

Notes

Historical and Revision Notes

senate report no. 95989Section 749 indicates that if the trustee avoids a transfer, property recovered is customer property to any extent it would have been customer property but for the transfer. The section clarifies that a customer who receives a transfer of property of the debtor is a creditor and that property in a customers account is property of a creditor for purposes of the avoiding powers.

Editorial Notes

Amendments2009—Subsec. (b). Pub. L. 11116 substituted “seven days” for “five days” in introductory provisions. 1982—Pub. L. 97222 substituted “(a) Except as otherwise provided in this section, any” for “Any”, and “but” for “except”, inserted “such property”, substituted “or 549” for “549, or 724(a)”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 AmendmentAmendment by Pub. L. 11116 effective Dec. 1, 2009, see section 7 of Pub. L. 11116, set out as a note under section 109 of this title.