2022 US Code
Title 11 - Bankruptcy
Chapter 7 - Liquidation
Subchapter IV - Commodity Broker Liquidation
Sec. 765 - Customer instructions

Download PDF
Citation 11 U.S.C. § 765 (2022)
Section Name §765. Customer instructions
Section Text

(a) The notice required by section 342 of this title to customers shall instruct each customer—

(1) to file a proof of such customer's claim promptly, and to specify in such claim any specifically identifiable security, property, or commodity contract; and

(2) to instruct the trustee of such customer's desired disposition, including transfer under section 766 of this title or liquidation, of any commodity contract specifically identified to such customer.


(b) The trustee shall comply, to the extent practicable, with any instruction received from a customer regarding such customer's desired disposition of any commodity contract specifically identified to such customer. If the trustee has transferred, under section 766 of this title, such a commodity contract, the trustee shall transmit any such instruction to the commodity broker to whom such commodity contract was so transferred.

Source Credit

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2619; Pub. L. 97–222, §18, July 27, 1982, 96 Stat. 240; Pub. L. 98–353, title III, §488, July 10, 1984, 98 Stat. 383.)

Editorial Notes HISTORICAL AND REVISION NOTES

For Historical and Revision Notes for this section, see Historical and Revision Notes set out under section 766 of this title.


EDITORIAL NOTES AMENDMENTS

1984—Subsec. (a). Pub. L. 98–353 substituted "notice required by" for "notice under".

1982—Subsec. (b). Pub. L. 97–222 substituted "commodity contract" for "commitment".


STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Publication Title United States Code, 2018 Edition, Supplement 4, Title 11 - BANKRUPTCY
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 11 - BANKRUPTCY
CHAPTER 7 - LIQUIDATION
SUBCHAPTER IV - COMMODITY BROKER LIQUIDATION
Sec. 765 - Customer instructions
Contains section 765
Date 2022
Laws In Effect As Of Date January 5, 2023
Positive Law Yes
Disposition standard
Statutes at Large References 92 Stat. 2619
96 Stat. 240
98 Stat. 383
Public Law References Public Law 95-598, Public Law 97-222, Public Law 98-353
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.