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Title 12, Banks and BankingRelease 119-110

§1150 Compromise, Adjustment, and Cancellation of Farm Loans; Conditions; Delegation of Powers and Duties by Secretary of Agriculture

Title 12 › CHAPTER 8 — ADJUSTMENT AND CANCELLATION OF FARM LOANS › § 1150

Last updated Sep 23, 2026|Official source

Summary

The Secretary of Agriculture can settle, change, or cancel farm loan debts under the programs listed in section 1150a. After looking into the case, the Secretary must find that the debt has been due and payable for five years or more; the borrower cannot pay and has no reasonable chance to pay; the borrower tried in good faith; and the principal is $1,000 or less. Debts under $10, debts of deceased borrowers with no estate recovery, debts when the borrower has been missing for two years with no chance to collect, or debts discharged in bankruptcy under the Bankruptcy Act or title 11 can also be canceled. The Secretary can set rules, decide terms, use other agencies, and delegate these powers to Department employees.

Full Legal Text

Title 12, §1150

Banks and Banking, Source: USLM XML via OLRC

The Secretary of Agriculture, hereinafter referred to as the Secretary, is authorized and directed to compromise, adjust, or cancel indebtedness arising from loans and payments made or credit extended to farmers under the provisions of the several Acts of Congress or programs enumerated in section 1150a of this title: Provided, That the Secretary finds, after such investigation as he deems sufficient to establish the facts, that (1) said indebtedness has been due and payable for five years or more; (2) the debtor is unable to pay said indebtedness in full and has no reasonable prospect of being able to do so; (3) the debtor has acted in good faith in an effort to meet his obligation; and (4) the principal amount of said indebtedness is not in excess of $1,000. The Secretary is further authorized at his discretion to cancel and discharge indebtedness arising under said Acts of Congress or programs when the amount of said indebtedness is less than $10, or the debtor is deceased and there is no reasonable prospect of recovering from his estate, or his whereabouts has remained unknown for two years and there is no reasonable prospect of obtaining collection, or he has been discharged of the indebtedness in any proceeding under the Bankruptcy Act or under title 11. The compromises, adjustments, or cancelations authorized by this section shall be effected through such agencies, upon such terms and conditions, and subject to such regulations, as the Secretary may prescribe, and the Secretary may delegate the exercise of any such powers and functions to such officers or employees of the Department of Agriculture as he may designate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Bankruptcy Act, referred to in text, is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified generally to Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11.

Amendments

1978—Pub. L. 95–598 substituted “Bankruptcy Act or under title 11” for “Act entitled ‘An Act to establish a uniform system of bankruptcy throughout the United States’ ”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an

Effective Date

note preceding section 101 of Title 11, Bankruptcy.

Executive Documents

Transfer of Functions

All functions of all officers, agencies, and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. Exceptions From

Transfer of Functions

Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations, Advisory Board of Commodity Credit Corporation, and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1150

Title 12, Banks and Banking

Last Updated

Sep 23, 2026

Release point: 119-110