Sierra Madre Bankruptcy Attorney

TITLE 11 - BANKRUPTCY
CHAPTER 7 - LIQUIDATION
    SUBCHAPTER III - STOCKBROKER LIQUIDATION

-HEAD-
    Sec. 748. Reduction of securities to money

-STATUTE-
      As soon as practicable after the date of the order for relief,
    the trustee shall reduce to money, consistent with good market
    practice, all securities held as property of the estate, except for
    customer name securities delivered or reclaimed under section 751
    of this title.

-SOURCE-
    (Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2614.)


                       HISTORICAL AND REVISION NOTES                   

                         SENATE REPORT NO. 95-989                     
      Section 748 requires the trustee to liquidate all securities,
    except for customer name securities, of the estate in a manner
    consistent with good market practice. The trustee should refrain
    from flooding a thin market with a large percentage of shares in
    any one issue. If the trustee holds restricted securities or
    securities in which trading has been suspended, then the trustee
    must arrange to liquidate such securities in accordance with the
    securities laws. A private placement may be the only exemption
    available with the customer of the debtor the best prospect for
    such a placement. The subsection does not permit such a customer to
    bid in his net equity as part of the purchase price; a contrary
    result would permit a customer to receive a greater percentage on
    his net equity claim than other customers.

-End-