Within 3 months after a court of competent jurisdiction confirms a plan of reorganization under chapter
12 of title
11, for any borrower to whom a lender has made a loan guaranteed under this chapter, the Secretary shall pay the lender an amount estimated by the Secretary to be equal to the loss incurred by the lender for purposes of the guarantee.
(2) Payment toward loan guarantee
Any amount paid to a lender under this subsection with respect to a loan guaranteed under this chapter shall be treated as payment towards satisfaction of the loan guarantee.
(1) Loss by lender
If the lender of a guaranteed farmer program loan takes any action described in section
1981(b)(4) of this title with respect to the loan and the Secretary approves such action, then, for purposes of the guarantee, the lender shall be treated as having sustained a loss equal to the amount by which—
(A)the outstanding balance of the loan immediately before such action, exceeds
(B)the outstanding balance of the loan immediately after such action.
(2) Net present value of loan
The Secretary shall approve the taking of an action described in section
1981(b)(4) of this title by the lender of a guaranteed farmer program loan with respect to the loan if such action reduces the net present value of the loan to an amount equal to not less than the greater of—
(A)the greatest net present value of a loan the borrower could reasonably be expected to repay; and
(B)the greatest amount that the lender of the loan could reasonably expect to recover from the borrower through bankruptcy, or liquidation of the property securing the loan, less all reasonable and necessary costs and expenses that the lender of the loan could reasonably expect to incur to preserve or dispose of such property (including all associated legal and property management costs) in the course of such a bankruptcy or liquidation.
(3) Construction of subsection
This subsection shall not be construed to limit the authority of the Secretary to enter into a shared appreciation arrangement with a borrower, or the terms and conditions which shall be required of a borrower, under section
2001(e) of this title.
For definition of “this chapter”, referred to in subsec. (a), see note set out under section
1921 of this title.
1990—Subsec. (b)(1), (2). Pub. L. 101–624substituted “1981(b)(4)” for “1981(d)”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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