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12 USC § 5388 - Dismissal and exclusion of other actions

---
identifier: "/us/usc/t12/s5388"
source: "usc"
legal_status: "official_prima_facie"
title: "12 USC § 5388 - Dismissal and exclusion of other actions"
title_number: 12
title_name: "BANKS AND BANKING"
section_number: "5388"
section_name: "Dismissal and exclusion of other actions"
chapter_number: 53
chapter_name: "WALL STREET REFORM AND CONSUMER PROTECTION"
subchapter_number: "II"
subchapter_name: "ORDERLY LIQUIDATION AUTHORITY"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–203, title II, § 208, July 21, 2010, 124 Stat. 1459.)"
---

# § 5388. Dismissal and exclusion of other actions

**(a)** **In general** section 5382 of this titlesection 5385 of this title15 U.S.C. 78aaa

Effective 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.

**(b)** **Revesting of assets** 15 U.S.C. 78aaa

Effective 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.

**(c)** **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.

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**Source Credit**: (Pub. L. 111–203, title II, § 208, July 21, 2010, 124 Stat. 1459.)

## Editorial Notes

### References in Text

The 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 effective 1 day after , except as otherwise provided, see , set out as a note under .