12 U.S.C. § 5388 — Dismissal and exclusion of other actions
submitted 16 years ago by Pub. L. 111-203 to r/title-12-BANKS-AND-BANKING · 274 words · no verdicts yet
When the Corporation becomes receiver, or SIPC becomes trustee for a covered broker or dealer, related bankruptcy or SIPC cases must be dismissed and cannot be started while liquidation is pending. Assets that vested elsewhere through such proceedings return to the covered company, while earlier bankruptcy orders remain valid.
Effective as of the date of the appointment of the Corporation as receiver for the covered financial company* under section 5382 of this title or the appointment of SIPC* as trustee for a covered broker or dealer* under section 5385 of this title, as applicable, any case or proceeding commenced with respect to the covered financial company* under the Bankruptcy Code* or the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.) shall be dismissed, upon notice to the bankruptcy court* (with respect to a case commenced under the Bankruptcy Code), and upon notice to SIPC (with respect to a covered broker or dealer) and no such case or proceeding may be commenced with respect to a covered financial company* at any time while the orderly liquidation is pending.
Effective as of the date of appointment of the Corporation as receiver, the assets of a covered financial company shall, to the extent they have vested in any entity other than the covered financial company as a result of any case or proceeding commenced with respect to the covered financial company under the Bankruptcy Code, the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.), or any similar provision of State* liquidation or insolvency law applicable to the covered financial company, revest in the covered financial company.
Notwithstanding subsections (a) and (b), any order entered or other relief granted by a bankruptcy court prior to the date of appointment of the Corporation as receiver shall continue with the same validity as if an orderly liquidation had not been commenced.
Source credit: (Pub. L. 111–203, title II, § 208, July 21, 2010, 124 Stat. 1459.)
- 2010Enacted · Pub. L. 111-203 · 124 Stat. 1459
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 2010-07-21.
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