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Public Law 111-203 including PTFA amendments

Page 95

Public Law 111-203 including PTFA amendments · 2026-09-26 edition · updated 2026-09-27 · California

terms, as the Corporation deems appropriate to establish an interest rate for or to make payments of post-insolvency interest to creditors holding proven claims against the receivership estate of a covered financial company, except that no such interest shall be paid until the Corporation as receiver has satisfied the principal amount of all creditor claims. (8) SUSPENSION OF LEGAL ACTIONS.— (A) IN GENERAL.—After the appointment of the Cor- Time period. poration as receiver for a covered financial company, the Corporation may request a stay in any judicial action or proceeding in which such covered financial company is or becomes a party, for a period of not to exceed 90 days. (B) GRANT OF STAY BY ALL COURTS REQUIRED.—Upon receipt of a request by the Corporation pursuant to subparagraph (A), the court shall grant such stay as to all parties. (9) ADDITIONAL RIGHTS AND DUTIES.— (A) PRIOR FINAL ADJUDICATION.—The Corporation shall abide by any final, non-appealable judgment of any court of competent jurisdiction that was rendered before the appointment of the Corporation as receiver. (B) RIGHTS AND REMEDIES OF RECEIVER.—In the event of any appealable judgment, the Corporation as receiver shall— (i) have all the rights and remedies available to the covered financial company (before the date of appointment of the Corporation as receiver under sec- tion 202) and the Corporation, including removal to Federal court and all appellate rights; and (ii) not be required to post any bond in order to pursue such remedies. (C) NO ATTACHMENT OR EXECUTION.—No attachment or execution may be issued by any court upon assets in the possession of the Corporation as receiver for a covered financial company. (D) LIMITATION ON JUDICIAL REVIEW.—Except as other- wise provided in this title, no court shall have jurisdiction over— (i) any claim or action for payment from, or any action seeking a determination of rights with respect to, the assets of any covered financial company for which the Corporation has been appointed receiver, including any assets which the Corporation may acquire from itself as such receiver; or (ii) any claim relating to any act or omission of such covered financial company or the Corporation as receiver. (E) DISPOSITION OF ASSETS.—In exercising any right, power, privilege, or authority as receiver in connection with any covered financial company for which the Corpora- tion is acting as receiver under this section, the Corporation shall, to the greatest extent practicable, conduct its oper- LAWS ations in a manner that— (i) maximizes the net present value return from the sale or disposition of such assets;PUBLIC with on anorris VerDate Nov 24 2008 00:54 Jul 29, 2010 Jkt 089139 PO 00203 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 GPO1 PsN: PUBL203

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▸Contents — Public Law 111-203 including PTFA amendments

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