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U.S. Code/Title 12/§ 5388

Title 12

12

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12 U.S.C. § 5388.Chapter 53

§ 5388

Dismissal and exclusion of other actions

Title 12
2 min read
Subchapter: ORDERLY LIQUIDATION AUTHORITY

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((a)) ** In general** Effective as of the date of the appointment of the Corporation as receiver for the covered financial company under or the appointment of SIPC as trustee for a covered broker or dealer under , 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 ( 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.section 5382 of this titlesection 5385 of this title15 U.S.C. 78aaa

((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 ( et seq.), or any similar provision of State liquidation or insolvency law applicable to the covered financial company, revest in the covered financial company.15 U.S.C. 78aaa

((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.

§ 5387

Release: pl-119-102 (2026-07-12)

§ 5389

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