12-U.S.C.-5388
§5388 – Dismissal and Exclusion of Other Actions
Pathway
Title 12 > Chapter 53 > Subchapter II > Section 5388
Details
- Reference: Section 5388
- Legend: §5388 – Dismissal and Exclusion of Other Actions
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 111–203, title II, §208, July 21, 2010, 124 Stat. 1459.)
References in Text
The Securities Investor Protection Act of 1970, referred to in subsecs. (a) and (b), is Pub. L. 91–598, Dec. 30, 1970, 84 Stat. 1636, which is classified generally to chapter 2B–1 (§78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78aaa of Title 15 and Tables.
U.S. Encyclopedia of Law Coverage
Part C – Additional Board of Governors Authority For Certain Nonbank Financial Companies and Bank Holding Companies in the Legal Encyclopedia: Banking Law
In this entry about Part C – Additional Board of Governors Authority For Certain Nonbank Financial Companies and Bank Holding Companies, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
12-U.S.C.-5383 in the Legal Encyclopedia: Banking Reform
In this entry about 12-U.S.C.-5383, find legal reference material, bibliographies and premiere content related to banking reform in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking reform-specific issues, written by authorities in the field.
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