In general
section 5382 of this titlesection 5385 of this title15 U.S.C. 78aaaEffective 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.
Revesting of assets
15 U.S.C. 78aaaEffective 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.
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.
Pub. L. 111–203, title II, § 208124 Stat. 1459(, , .)
Editorial Notes
References in Text
Pub. L. 91–59884 Stat. 1636section 78aaa of Title 15The Securities Investor Protection Act of 1970, referred to in subsecs. (a) and (b), is , , , which is classified generally to chapter 2B–1 (§ 78aaa et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
section 4 of Pub. L. 111–203section 5301 of this titleSection effective 1 day after , except as otherwise provided, see , set out as a note under .