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S. 396

An Act to amend title 11 of the United States Code, the Bankruptcy Code, regarding swap agreements and forward contracts.

Amends Federal bankruptcy law to modify the definitions of forward contract and forward contract merchant to conform with the definition of "commodity" included in the Commodity Exchange Act and to define: (1) swap agreement; (2) swap participant; (3) margin payment; and (4) settlement payment.

Exempts various transactions in connection with currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition.

Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing.

Provides that a forward contractor's rights whether in writing or not, arising under common law, under merchant law, or by reason of normal business practice cannot be stayed, avoided, or otherwise limited because of the insolvency or bankruptcy of the other party to the contract.

Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings.

Message on Senate action sent to the House.

Sen. DeConcini, Dennis [D-AZ](D-AZ)Sponsor
1 cosponsor1 R
1cosponsors1committees14actions2related bills8subjects
  1. Floor

    Message on Senate action sent to the House.

  2. FloorH15000

    Held at the desk.

  3. FloorH14000

    Received in the House.

  4. Floor

    Passed Senate with an amendment and an amendment to the Title by Voice Vote.

  5. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Voice Vote.

  6. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 542.

  7. Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute and an amendment to the title. With written report No. 101-285.

    Judiciary Committee
  8. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute and an amendment to the title. With written report No. 101-285.

    Judiciary Committee
  9. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  10. Committee

    Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Administrative Oversight and the Courts Subcommittee
  11. Committee

    Subcommittee on Courts and Administrative Practice. Hearings held. Hearings printed: S.Hrg. 101-406.

    Administrative Oversight and the Courts Subcommittee
  12. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  13. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  14. IntroReferral10000

    Introduced in Senate

Jun 6, 199035

Amends Federal bankruptcy law to modify the definitions of forward contract and forward contract merchant to conform with the definition of "commodity" included in the Commodity Exchange Act and to define: (1) swap agreement; (2) swap participant; (3) margin payment; and (4) settlement payment.

Exempts various transactions in connection with currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition.

Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing.

Provides that a forward contractor's rights whether in writing or not, arising under common law, under merchant law, or by reason of normal business practice cannot be stayed, avoided, or otherwise limited because of the insolvency or bankruptcy of the other party to the contract.

Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings.

May 14, 199001

Amends Federal bankruptcy law to modify the definitions of forward contract and forward contract merchant to conform with the definition of "commodity" included in the Commodity Exchange Act and to define: (1) swap agreement; (2) swap participant; (3) margin payment; and (4) settlement payment.

Exempts various transactions in connection with currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition.

Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing.

Provides that a forward contractor's rights whether in writing or not, arising under common law, under merchant law, or by reason of normal business practice cannot be stayed, avoided, or otherwise limited because of the insolvency or bankruptcy of the other party to the contract.

Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings.

Feb 9, 198900

Amends Federal bankruptcy law to define "swap agreements" and "swap participant."

Exempts various transactions in connection with interest rate and currency swap agreements from the automatic stay triggered by the filing of a bankruptcy petition.

Prohibits the trustee in bankruptcy from avoiding any transfer made under a swap agreement before commencement of the bankruptcy case or any setoff in connection with a swap agreement if the offset is made within 90 days prior to the bankruptcy filing.

Provides that the contractual right of a nonbankrupt party to a swap agreement to terminate the agreement shall not be stayed or otherwise limited under Federal bankruptcy law or by related judicial or administrative proceedings.