The Commodity Futures Trading Commission (Commission) has filed a general creditor claim in the liquidation of MF Global, Inc, No. 11-02790 (Bankr. S.D.N.Y.). 

The Commission took this action in relation to the Division of Enforcement’s ongoing investigation related to the failure of MF Global, Inc. If that investigation results in an enforcement action against MF Global, Inc, the Commission could pursue a restitution award for the benefit of commodity customers, which in turn could be the basis for a Commission claim as a general creditor against the MF Global, Inc. estate. 

The Commission’s claim as a general creditor would not have priority over customer claims. It has been filed solely to preserve all possible options for recovering funds for the benefit of commodity customers.