7 U.S. Code § 2005 - Payment of losses on guaranteed loans
(a) Payments to lenders
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.
(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—
(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.
Source(Pub. L. 87–128, title III, § 357, as added Pub. L. 100–233, title VI, § 619,Jan. 6, 1988, 101 Stat. 1683; amended Pub. L. 101–624, title XXIII, § 2388(d)(2),Nov. 28, 1990, 104 Stat. 4053.)
References in Text
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)”.