Library / Laws / 113th / s / S. 2815 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2815
IN THE SENATE OF THE UNITED STATES
September 16, 2014
Mr. Pryor (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Agricultural Act of 2014 to require the Secretary of Agriculture to extend the term of
marketing assistance loans in cases in which a purchaser has bought the
loan commodity subject to the loan and declared bankruptcy prior to paying
for the loan commodity.
1.
Short title
This Act may be cited as the Farmer Flexibility Act of 2014.
2.
Extension in certain cases of bankruptcy
Section 1203 of the Agricultural Act of 2014 (7 U.S.C. 9033) is amended—
(1) by striking The Secretary and inserting the following:
(1)
In general
Except as provided in paragraph (2), the Secretary
; and
(2) by adding at the end the following:
(2)
Extension in certain cases of bankruptcy
(A)
In general
This paragraph applies in any case in which—
(i) the producers on a farm have a marketing assistance loan under section 1201
for a loan commodity;
(ii) the producers have sold, transferred, or delivered the loan commodity subject
to the loan to a purchaser; and
(iii) prior to the purchaser paying the
producers full payment for the loan commodity, a case under any chapter
of title 11,
United States Code, has been commenced in which the purchaser is the
debtor.
(B)
Extension
In a case described in subparagraph (A), the Secretary shall—
(i)
(I) extend the term of the marketing assistance loan until the date on which the case under title 11,
United States Code, is closed or dismissed to a date that is at least 180
days following the final resolution of the bankruptcy case; and
(II) extend the deadline for repayment of any installment of an ownership, operating, or emergency loan
made under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921
et seq.) until the date on which the case under title 11,
United States Code, is closed or dismissed to a date that is at least 180
days following the final resolution of the bankruptcy case; and
(ii) if the purchaser has taken possession of the loan commodity, suspend the accruing of interest
during the period of any extension under clause (i).
.