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50 U.S.C. § 3954 — Settlement of stayed cases relating to per-
Federal law — U.S. Code and appendices · legal_authorities
Page 999
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3955
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 2012
AMENDMENT; REVIVAL
Pub. L. 112–154, title VII, § 710(c), Aug. 6, 2012, 126
Stat. 1208, provided that: ‘‘The amendments made by
subsections (a) and (b) [amending this section] shall
take effect on the date that is 180 days after the date
of the enactment of this Act [Aug. 6, 2012].’’
Pub. L. 112–154, title VII, § 710(d)(1), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(1), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(1), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(1), Dec.
12, 2017, 131 Stat. 1405, which provided that the amend-
ments made by subsecs. (a) and (b) of section 710 of
Pub. L. 112–154 (amending this section) would expire on
Dec. 31, 2019, was repealed by Pub. L. 115–174, title III,
§ 313, May 24, 2018, 132 Stat. 1356.
Pub. L. 112–154, title VII, § 710(d)(3), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(2), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(2), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(2), Dec.
12, 2017, 131 Stat. 1405, which provided that, effective
Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this
section, as in effect on July 29, 2008, would be revived,
was repealed by Pub. L. 115–174, title III, § 313, May 24,
2018, 132 Stat. 1356.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–289, div. B, title II, § 2203(c), July 30, 2008,
122 Stat. 2850, as amended by Pub. L. 111–346, § 2, Dec. 29,
2010, 124 Stat. 3622; Pub. L. 112–154, title VII, § 710(d)(2),
Aug. 6, 2012, 126 Stat. 1208, provided that: ‘‘The amend-
ments made by subsection (a) [amending this section]
shall take effect on
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3954
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Source file: Laws/federal/codes/united-states-code-2024/title-50/section-3954-settlement-of-stayed-cases-relating-to-per--8b150d0ecb.md
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Page 999
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3955
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 2012
AMENDMENT; REVIVAL
Pub. L. 112–154, title VII, § 710(c), Aug. 6, 2012, 126
Stat. 1208, provided that: ‘‘The amendments made by
subsections (a) and (b) [amending this section] shall
take effect on the date that is 180 days after the date
of the enactment of this Act [Aug. 6, 2012].’’
Pub. L. 112–154, title VII, § 710(d)(1), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(1), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(1), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(1), Dec.
12, 2017, 131 Stat. 1405, which provided that the amend-
ments made by subsecs. (a) and (b) of section 710 of
Pub. L. 112–154 (amending this section) would expire on
Dec. 31, 2019, was repealed by Pub. L. 115–174, title III,
§ 313, May 24, 2018, 132 Stat. 1356.
Pub. L. 112–154, title VII, § 710(d)(3), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(2), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(2), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(2), Dec.
12, 2017, 131 Stat. 1405, which provided that, effective
Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this
section, as in effect on July 29, 2008, would be revived,
was repealed by Pub. L. 115–174, title III, § 313, May 24,
2018, 132 Stat. 1356.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–289, div. B, title II, § 2203(c), July 30, 2008,
122 Stat. 2850, as amended by Pub. L. 111–346, § 2, Dec. 29,
2010, 124 Stat. 3622; Pub. L. 112–154, title VII, § 710(d)(2),
Aug. 6, 2012, 126 Stat. 1208, provided that: ‘‘The amend-
ments made by subsection (a) [amending this section]
shall take effect on the date of the enactment of this
Act [July 30, 2008].’’
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3954. Settlement of stayed cases relating to per-
sonal property
(a) Appraisal of property
When a stay is granted pursuant to this chap-
ter in a proceeding to foreclose a mortgage on or
to repossess personal property, or to rescind or
terminate a contract for the purchase of per-
sonal property, the court may appoint three dis-
interested parties to appraise the property.
(b) Equity payment
Based on the appraisal, and if undue hardship
to the servicemember’s dependents will not re-
sult, the court may order that the amount of the
servicemember’s equity in the property be paid
to the servicemember, or the servicemember’s
dependents, as a condition of foreclosing the
mortgage, repossessing the property, or rescind-
ing or terminating the contract.
(Oct. 17, 1940, ch. 888, title III, § 304, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2848.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 534 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 304 of act Oct. 17, 1940, ch. 888, art. III,
as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 772; amended
Pub. L. 102–12, § 9(9), Mar. 18, 1991, 105 Stat. 40, related
to termination of leases by lessees, prior to the general
amendment of this Act by Pub. L. 108–189. See section
3955 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3955. Termination of residential or motor vehi-
cle leases
(a) Termination
(1) Termination by lessee
The lessee on a lease described in subsection
(b) may, at the lessee’s option, terminate the
lease at any time after—
(A) the lessee’s entry into military service;
(B) the date of the lessee’s military orders
described in paragraph (1)(B) or (2)(B) of sub-
section (b), as the case may be; or
(C) the date of the lessee’s stop movement
order described in paragraph (1)(C) or (2)(C)
of subsection (b), as the case may be.
(2) Joint leases
A lessee’s termination of a lease pursuant to
this subsection shall terminate any obligation
a dependent of the lessee may have under the
lease.
(3) Death of lessee
The spouse or dependent of the lessee on a
lease described in subsection (b) may termi-
nate the lease during the one-year period be-
ginning on the date of the death of the lessee,
if the lessee dies while in military service or
while performing full-time National Guard
duty, active Guard and Reserve duty, or inac-
tive-duty training (as such terms are defined
in section 101(d) of title 10).
(4) Catastrophic injury or illness of lessee
(A) Termination
If the lessee on a lease described in sub-
section (b) incurs a catastrophic injury or
illness during a period of military service or
while performing covered service, during the
one-year period beginning on the date on
which the lessee incurs such injury or ill-
ness—
(i) the lessee may terminate the lease; or
(ii) in the case of a lessee who lacks the
mental capacity to contract or to manage
his or her own affairs (including disburse-
ment of funds without limitation) due to
such injury or illness, the spouse or de-
pendent of the lessee may terminate the
lease.
(B) Definitions
In this paragraph:
(i) The term ‘‘catastrophic injury or ill-
ness’’ has the meaning given that term in
section 439(g) of title 37.
(ii) The term ‘‘covered service’’ means
full-time National Guard duty, active
Guard and Reserve duty, or inactive-duty
training (as such terms are defined in sec-
tion 101(d) of title 10).
(b) Covered leases
This section applies to the following leases:
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection upon breach of contract**
(1) **Protection after entering military service** — After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.
(2) **Applicability** — This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
**(b) Misdemeanor** A person who knowingly resumes possession of property in violation of subsection (a), or in violation of [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
**(c) Authority of court** In a hearing based on this section, the court—
(1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2) may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3954
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.