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12 U.S.C. § 5388Dismissal 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

in plain englishAI-generated · not legal advice

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.

(a) In general. On the date the Corporation is appointed receiver under section 5382, or SIPC is appointed trustee under section 5385, as applicable, any case or proceeding concerning the covered financial company under the Bankruptcy Code or the Securities Investor Protection Act must be dismissed after notice to the bankruptcy court or SIPC, as applicable. No such case or proceeding may begin while orderly liquidation is pending. (b) Return of assets. On the receiver-appointment date, assets that became vested in another entity through a Bankruptcy Code, Securities Investor Protection Act, or similar State liquidation or insolvency proceeding must return to the covered financial company. (c) Limit. Orders entered and relief granted by a bankruptcy court before the receiver-appointment date remain valid as if orderly liquidation had not begun.
the actual law source: uscode.house.gov ↗public domain
(a) In general

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.

(b) Revesting of assets

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.

(c) Limitation

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.)

history & why it existsrecord from the source credit
  • 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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