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11 U.S.C. § 559 — Contractual right to liquidate, terminate, or accelerate a repurchase agreement

submitted 42 years ago by Pub. L. 98-353 to r/title-11-BANKRUPTCY · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

A repo participant or financial participant may exercise certain contractual rights to liquidate, terminate, or accelerate a repurchase agreement without a bankruptcy proceeding stopping or limiting that exercise. The section also explains how liquidation proceeds and “contractual right” are treated.

A repo participant or financial participant may exercise a contractual right to liquidate, terminate, or accelerate a repurchase agreement because of a condition of the type described in section 365(e)(1) of this title. No provision of this title, and no court or administrative-agency order in a proceeding under this title, may stay, avoid, or otherwise limit that exercise. The exception is when the debtor is a stockbroker or securities clearing agency and the order is authorized by the Securities Investor Protection Act of 1970 or a statute administered by the Securities and Exchange Commission.

If a repo participant or financial participant liquidates one or more repurchase agreements with a debtor, and those agreements require the participant to deliver assets subject to repurchase agreements to the debtor, any excess is property of the bankruptcy estate, subject to available setoff rights. The excess is the market price received when the assets are liquidated, or, if an asset is not disposed of on the liquidation date, the price then available from a generally recognized source or that source’s most recent closing bid quotation, minus the stated repurchase prices and all liquidation expenses.

In this section, “contractual right” includes a right in a rule or bylaw of a derivatives clearing organization, multilateral clearing organization, national securities exchange, national securities association, securities clearing agency, contract market designated under the Commodity Exchange Act, derivatives transaction execution facility registered under that Act, or board of trade as defined in that Act, or in a resolution of the body’s governing board. It also includes a right, whether written or unwritten, arising under common law, law merchant, or normal business practice. This section does not define “repo participant,” “financial participant,” or “repurchase agreement.”

the actual law source: uscode.house.gov ↗public domain

The exercise of a contractual right of a repo participant or financial participant to cause the liquidation, termination, or acceleration of a repurchase agreement because of a condition of the kind specified in section 365(e)(1) of this title shall not be stayed, avoided, or otherwise limited by operation of any provision of this title or by order of a court or administrative agency in any proceeding under this title, unless, where the debtor is a stockbroker or securities clearing agency, such order is authorized under the provisions of the Securities Investor Protection Act of 1970 or any statute administered by the Securities and Exchange Commission. In the event that a repo participant or financial participant liquidates one or more repurchase agreements with a debtor and under the terms of one or more such agreements has agreed to deliver assets subject to repurchase agreements to the debtor, any excess of the market prices received on liquidation of such assets (or if any such assets are not disposed of on the date of liquidation of such repurchase agreements, at the prices available at the time of liquidation of such repurchase agreements from a generally recognized source or the most recent closing bid quotation from such a source) over the sum of the stated repurchase prices and all expenses in connection with the liquidation of such repurchase agreements shall be deemed property of the estate, subject to the available rights of setoff. As used in this section, the term “contractual right” includes a right set forth in a rule or bylaw of a derivatives clearing organization (as defined in the Commodity Exchange Act), a multilateral clearing organization (as defined in the Federal Deposit Insurance Corporation Improvement Act of 1991), a national securities exchange, a national securities association, a securities clearing agency, a contract market designated under the Commodity Exchange Act, a derivatives transaction execution facility registered under the Commodity Exchange Act, or a board of trade (as defined in the Commodity Exchange Act) or in a resolution of the governing board thereof and a right, whether or not evidenced in writing, arising under common law, under law merchant or by reason of normal business practice.

Source credit: (Added Pub. L. 98–353, title III, § 396(a), July 10, 1984, 98 Stat. 366; amended Pub. L. 103–394, title V, § 501(d)(21), Oct. 22, 1994, 108 Stat. 4146; Pub. L. 109–8, title IX, § 907(i), (o)(9), Apr. 20, 2005, 119 Stat. 178, 182.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-353 · 98 Stat. 366
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4146
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 178, 182

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-353 on 1984-07-10.

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