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REMOVAL TO BANKRUPTCY COURT      (Page 186)

The SIPA provides for noticing of both customers and creditors. The noticing requirements provided for in 15 U.S.C. 78fff- 2(a)(1) are performed by the trustee, not the clerk of the bankruptcy court. While the SIPA does not require a formal proof of claim for customers (other than certain insiders and their relatives), it does require a written statement of claim. The trustee will normally provide customers with claim forms and instructions. The claim form must be filed with the trustee rather than the clerk of the bankruptcy court. 15 U.S.C. 78fff-2(a)(2). With limited, specified exceptions, no claim of a customer or other creditor can be allowed unless it is received by the trustee within six months after the initial publication of notice. 15 U.S.C. 78fff-2(a)(3).

 

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