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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 7 - Agriculture |
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Subtitle B - Regulations of the Department of Agriculture |
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Chapter XVII - Rural Utilities Service, Department of Agriculture |
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Part 1717 - Post-Loan Policies and Procedures Common to Insured and Guaranteed Electric Loans |
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Subpart H - Federal Pre-emption in Rate Making in Connection With RUS Electric Borrowers in Bankruptcy |
§ 1717.356 - Additional statutory pre-emption.
Latest version.
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§ 1717.356 Additional statutory pre-emption.
This subpart addresses pre-emption of State law and State Regulatory Authority upon the filing of a petition by or against the borrower commencing a case under the Bankruptcy Code of 1978, as amended. Nothing in this subpart waives, limits, or otherwise affects the explicit pre-emption or pre-emption, which is implicit and shall occur pursuant to the RE Act as a matter of law, of State law or action of a State Regulatory Authority where such State law or such action compromises Federal interests, including the ability of any borrower to repay loans made or guaranteed by RUS.