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TITLE 11BANKRUPTCY
CHAPTER 5CREDITORS, THE DEBTOR, AND THE ESTATE
Sub Chapter Creditors and Claims
Sec. 508. Effect of distribution other than under this title
(a) 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.
(b) 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. 95-598, Nov. 6, 1978, 92 Stat. 2585.)
Historical and Revision Notes
legislative statements
Section 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. 95-989
This 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.
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Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services, the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

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