§ 2008h. Loan and loan servicing limitations

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(a)Delinquent borrowers prohibited from obtaining direct operating loans The Secretary may not make a direct operating loan under subchapter II to a borrower who is delinquent on any loan made or guaranteed under this chapter.

(b)Prohibition of loans for borrowers that have received debt forgiveness

(1)Prohibitions Except as provided in paragraph (2)—

(A)the Secretary may not make a loan under this chapter to a borrower that has received debt forgiveness on a loan made or guaranteed under this chapter; and

(B)the Secretary may not guarantee a loan under this chapter to a borrower that has received—

(i)debt forgiveness after April 4, 1996, on a loan made or guaranteed under this chapter; or

(ii)received debt forgiveness on more than 3 occasions on or before April 4, 1996.

(2)Exceptions

(A)In general The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who—

(i)was restructured with a write-down under section 2001 of this title;

(ii)is current on payments under a confirmed reorganization plan under chapters 1 11, 12, or 13 of title 11; or

(iii)received debt forgiveness on not more than 1 occasion resulting directly and primarily from a major disaster or emergency designated by the President on or after April 4, 1996, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(B)Emergency loans

(i)In general The Secretary may make an emergency loan under section 1961 of this title to a borrower that—

(I)on or before April 4, 1996, received not more than 1 debt forgiveness on a loan made or guaranteed under this chapter; and

(II)after April 4, 1996, has not received debt forgiveness on a loan made or guaranteed under this chapter.

(ii)Restructured loans For purposes of clause (i), a borrower who was restructured with a write-down or restructuring under section 2001 of this title shall not be considered to have received debt forgiveness on a loan made or guaranteed under this chapter.

(c)No more than 1 debt forgiveness for borrower on direct loan The Secretary may not provide to a borrower debt forgiveness on a direct loan made under this chapter if the borrower has received debt forgiveness on another direct loan made under this chapter.

(Pub. L. 87–128, title III, § 373, as added Pub. L. 104–127, title VI, § 648(b), Apr. 4, 1996, 110 Stat. 1104; amended Pub. L. 105–277, div. A, § 101(a) [title VIII, § 801], Oct. 21, 1998, 112 Stat. 2681, 2681–37; Pub. L. 107–171, title V, § 5319, May 13, 2002, 116 Stat. 348; Pub. L. 115–334, title V, § 5307, Dec. 20, 2018, 132 Stat. 4673.)

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