Browse Arkansas Code titles and sections
11 U.S.C. § 559 — Contractual right to liquidate, terminate, or accelerate a repurchase agreement
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365/e/1&num=0&edition=prelim) 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 (
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 559
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 8f45c4b8305f9762d76814cb66a78592e05db426077b9258f6c9023d2de7fe9b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9742436a3916de72a2d730d7
Source file: Laws/federal/codes/united-states-code/title-11/section-559-contractual-right-to-liquidate-terminate-or-accelerate-a-repurchase-agre--ddf608509e.md
Pages: Not recorded – Not recorded
Passage SHA-256: 4605af318efdf2522a1506bc999fe319fecde678a6eee8eccb4f5fdcd89b6bea
Source location: Title 11, Chapter 5, § 559; chapter-005-creditors-the-debtor-and-the-estate.md
Stored source content
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365/e/1&num=0&edition=prelim) 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Commodity Exchange Act.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Corporation** There is hereby established a Federal Deposit Insurance Corporation (hereinafter referred to as the “Corporation”) which shall insure, as hereinafter provided, the deposits of all banks and savings associations which are entitled to the benefits of insurance under this chapter, and which shall have the powers hereinafter granted.
**(b) Asset disposition division**
(1) **Establishment** — The Corporation shall have a separate division of asset disposition.
(2) **Management** — The division of asset disposition shall have an administrator who shall be appointed by the Board of Directors.
(3) **Responsibilities of division** — The division of asset disposition shall carry out all of the responsibilities of the Corporation under this chapter relating to the liquidation of insured depository institutions and the disposition of assets of such institutions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1811
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Securities Investor Protection Act of 1970”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 78aaa
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 186
TITLE 11—BANKRUPTCY
§ 558
(ii) must be turned over to the estate; or
(iii) may be used, sold, or leased; and
(G) any other request for determination of
an interest in such grain or the proceeds of
grain;
(2) the disposition of such grain or the pro-
ceeds of grain, before or after determination of
interests in such grain or the proceeds of
grain, by way of—
(A) sale of such grain;
(B) abandonment;
(C) distribution; or
(D) such other method as is equitable in
the case;
(3) subject to sections 701, 702, 703, 1104, 1183,
1202, and 1302 of this title, the appointment of
a trustee or examiner and the retention and
compensation of any professional person re-
quired to assist with respect to matters rel-
evant to the determination of interests in or
disposition of such grain or the proceeds of
grain; and
(4) the determination of any dispute con-
cerning a matter specified in paragraph (1), (2),
or (3) of this subsection.
(e)(1) Any governmental unit that has regu-
latory jurisdiction over the operation or liquida-
tion of the debtor or the debtor’s business shall
be given notice of any request made or order en-
tered under subsection (c) of this section.
(2) Any such governmental unit may raise, and
may appear and be heard on, any issue relating
to grain or the proceeds of grain in a case in
which a request is made, or an order is entered,
under subsection (c) of this section.
(3) The trustee shall consult with such govern-
mental unit before taking any action relating to
the disposition of grain in the possession, cus-
tody, or control of the debtor or the estate.
(f) The court may extend the period for final
disposition of grain or the proceeds of grain
under this section beyond 120 days if the court
finds that—
(1) the interests of justi
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 559
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.