US Code

Public Law 119-73 (01/23/2026)

7 U.S.C. § 2005

Payment of losses on guaranteed loans

(a)

Payments to lenders

(1)

Requirement

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.

(b)

Administration

(1)

Loss by lender

section 1981(b)(4) of this titleIf the lender of a guaranteed farmer program loan takes any action described in 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

section 1981(b)(4) of this titleThe Secretary shall approve the taking of an action described in 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

section 2001(e) of this titleThis 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 .

Pub. L. 87–128, title III, § 357Pub. L. 100–233, title VI, § 619101 Stat. 1683Pub. L. 101–624, title XXIII, § 2388(d)(2)104 Stat. 4053(, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 87–12875 Stat. 307section 1921 of this titleThis chapter, referred to in subsec. (a), was in the original “this title”, meaning title III of , , , known as the Consolidated Farm and Rural Development Act, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 101–6241990—Subsec. (b)(1), (2). substituted “1981(b)(4)” for “1981(d)”.