7 CFR §1980.475
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)It is the lender's responsibility to protect the guaranteed loan debt and all the collateral securing it in bankruptcy proceedings. These responsibilities include but are not limited to the following:
- (1)The lender will file a proof of claim where necessary and all the necessary papers and pleadings concerning the case.
- (2)The lender will attend and where necessary participate in meetings of the creditors and all court proceedings.
- (3)The lender, whose collateral is subject to being used by the trustee in bankruptcy, will immediately seek adequate protection of the collateral.
- (4)Where appropriate, the lender should seek involuntary conversion of a pending Chapter 11 case to a liquidating proceeding under Chapter 7 or under Section 1123(b) (4) or seek dismissal of the proceedings.
- (5)When permitted by the Bankruptcy Code, the lender will request modification of any plan of reorganization whenever it appears that additional recoveries are likely.
- (6)Rural Development will be kept adequately and regularly informed in writing of all aspects of the proceedings.
- (b)In a Chapter 11 reorganization, if an independent appraisal of collateral is necessary in Rural Development's opinion, Rural Development and the lender will share such appraisal fee equally.
- (c)Expenses on Chapter 11 reorganization, liquidating Chapter 11 or Chapter 7 (unless the lender is directly handling the liquidation) cases are not to be deducted from the collateral proceeds.
- (d)Estimated loss payments. See paragraph XVI of Form RD 449-35.