Page:United States Statutes at Large Volume 104 Part 6.djvu/487

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4877 transferring any asset to any person if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of obligations owed by the person to the failed institution or the Corporation. "(B) DEFINITIONS.—For purposes of paragraph (1)— "(i) DEFAULT.— The term 'default' means a failure to comply with the terms of a loan or other obligation to such an extent that the property securing the obligation is foreclosed upon. "(ii) AFFILIATE.—The term 'affiliate' has the meaning given to such term in section 2(k) of the Bank Holding Company Act of 1956.". SEC. 2527. EXPEDITED PROCEDURES FOR CERTAIN CLAIMS. (a) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.— Section 11 of the Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by inserting after subsection (p) (as added by section 2526 of this title) the following new subsection: "(q) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS. — "(1) TIME FOR FILING NOTICE OF APPEAL.— The notice of appeal of any order, whether interlocutory or final, entered in any case brought by the Corporation against an insured depository institution's director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to an insured depository institution shall be filed not later than 30 days after the date of entry of the order. The hearing of the appeal shall be decided not later than 120 days after the date of the notice of appeal. The appeal shall be decided not later than 180 days after the date of the notice of appeal. "(2) ScHEDUUNG. —Consistent with section 1657 of title 18, United States Code, a court of the United States shall expedite the consideration of any case brought by the Corporation against an insured depository institution's director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to an insured depository institution. As far as practicable the court shall give such case priority on its docket. "(3) JUDICIAL DISCRETION. —The court may modify the schedule and limitations stated in paragraphs (1) and (2) in a particular case, based on a specific finding that the ends of justice that would be served by making such a modification would outweigh the best interest of the public in having the case resolved expeditiously.". (b) CONFORMING AMENDMENT.— Section 1657 of title 18, United States Code, is amended by inserting "section 11, 12, or 13 of the Federal Deposit Insurance Act" after "consideration of any action brought under". SEC. 2528. FRAUDULENT CONVEYANCES AVOIDABLE BY CONSERVATORS AND RECEIVERS. (a) INSURED DEPOSITORY INSTITUTIONS OTHER THAN INSURED CREDIT UNIONS. —Section 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended by adding at the end the following new paragraph: "(17) FRAUDULENT TRANSFERS. —