Page:United States Statutes at Large Volume 92 Part 1.djvu/315

 PUBLIC LAW 95-283—MAY 21, 1978 "(c)

92 STAT. 2 6 1

REPORTS BY TRUSTEE TO COURT.—The trustee shall make to

the court and to S I P C such written reports as may be required by the Bankruptcy Act, and shall include in such reports information with Post p. 2549. respect to the progress made in distributing cash and securities to customers. Such reports shall be in such form and detail as the Commission determines by rule to present fairly the results of the liquidation proceeding as of the date of or for the period covered by such reports, having due regard for the requirements of section 17 of the 1934 Act and the rules prescribed under such section and the magni- 15 USC 78q. tude of items and transactions involved in connection with the operations of a broker or dealer. " (d) IxvESTiOATioxs.—The trustee shall— " (1) as soon as practicable, investigate the acts, conduct, property, liabilities, and financial condition of the debtor, the operation of its business, and any other matter, to the extent relevant to the liquidation proceeding, and report thereon to the court; " (2) examine, by deposition or otherwise, the directors and officers of the debtor and any other witnesses concerning any of the matters referred to in paragraph (1); " (3) report to the court any facts ascertained by the trustee with res]:)ect to fraud, misconduct, mismanagement, and iregularities, and to any causes of action available to the estate; and " (4) as soon as practicable, prepare and submit, to S I P C and such other persons as the court designates and in^such form and manner as the court directs, a statement of his investigation of matters referred to in paragraph (1). "SEC. 8. SPECIAL PROVISIONS OF A LIQUIDATION PROCEEDING.

15 USC 78fff-2.

" (a) XoTicE AXD C L A I M S. —

" (1) XoTiCE OF PROCEEDiXGS.—Promptly after the appointment Publication, of the trustee, such trustee shall cause notice of the commencement of proceedings under this section to be published in one o r more newspapers of general circulation in the form and manner determined by the court, and at the same time shall cause a copy of such notice to be mailed to each person who, from the books and records of the debtor, appears to have been a customer of the debtor with an open account within the past twelve months, to the address of such pereon as it ai3pears from the books and records of the debtor. Notice to creditors other than customers shall be given in the manner prescribed by the Bankruptcy Act, except that such notice shall be given by the trustee. " (2) STATEMENT OF CLAIM.—A customer shall file with the trustee a written statement of claim but need not file a foniial proof of claim, except that no obligation of the debtor to any person associated with the debtor within the meaning of section 3 (a) (18) or section 3(a) (21) of the 1934 Act, any beneficial owner 15 USC 78c. of 5 per centum or more of the voting stock of the debtor, or any member of the immediate family of any such person or owner may be satisfied without formal proof of claim. " (3) T I M E LIMITATIOXS.—Xo claim of a customer or other creditor of the debtor which is received by the trustee after the expiration of the six-month period beginning on the date of publication of notice under paragraph (1) shall be allowed, except that the court may, upon application within such period and for cause shown, g r a n t a reasonable, fixed extension of time for the filing of a claim by the United States, by a State or political subdivision

�