11 U.S.C. § 751

Customer name securities

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The trustee shall deliver any customer name security to or on behalf of the customer entitled to such security, unless such customer has a negative net equity. With the approval of the trustee, a customer may reclaim a customer name security after payment to the trustee, within such period as the trustee allows, of any claim of the debtor against such customer to the extent that such customer will not have a negative net equity after such payment.

Notes of Decisions

Cited in 5 cases, 1956–1993 · leading case: In Re AG Consultants Grain Div., Inc., 77 B.R. 665 (Bankr. N.D. Ind. 1987).

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In Re AG Consultants Grain Div., Inc., 77 B.R. 665 (Bankr. N.D. Ind. 1987). “” 11 U.S.C. § 751 (Chapter XI) stated: Classification of creditors.”

In Re FAS Int'l, Inc., 382 F. Supp. 77 (S.D.N.Y. 1974). “Congress assumed, moreover, in enacting Chapter XI that there might be separate classes of creditors, for it provided that “the court may fix the division of creditors into classes and, in the event of controversy, the court shall after hearing upon notice summarily determine…”

In Re Germain, 144 F. Supp. 678 (S.D. Cal. 1956). “…determine not only the claims, but the classes into which creditors are to be divided. Bankruptcy Act, §§ 351, 352, 11 U.S.C.A. §§ 751 , 752. The power under these sections and those relating to the “Provisions of Arrangement”, Bankruptcy Act, §§ 356, 357, 11 U.S.C.A. §§ 756…”

In Re Discon Corp., 346 F. Supp. 839 (S.D. Fla. 1971). “Section 351 of the Act (11 U. S.C. § 751) provides: For the purposes of the arrangement and its acceptance, the court may fix the division of creditors into classes Section 357 ( 11 U.”

John Hancock Mut. Life Ins. v. Route 37 Bus. Park Assocs., 987 F.2d 154 (3rd Cir. 1993). “See 11 U.S.C. § 751 (1940) (providing that the court "may fix the division of creditors into classes”); In re Hudson-Ross, Inc.”

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