38 U.S.C. § 1832

Applicability of certain administrative provisions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

(a)Applicability of Certain Provisions Relating to Compensation.—The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.(b)Specified Provisions.—The provisions of this title referred to in subsection (a) are the following:(1) Section 5101(c).(2) Subsections (a), (b)(3), (g), and (i) of section 5110.(3) Section 5111.(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1822; renumbered § 1832, Pub. L. 108–183, title I, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653; amended Pub. L. 114–58, title VI, § 601(8), Sept. 30, 2015, 129 Stat. 538.)Editorial NotesPrior Provisions

A prior section 1832 was renumbered section 3732 of this title.

Another prior section 1832 was renumbered section 3733(d) of this title.

Amendments

2015—Subsec. (b)(2). Pub. L. 114–58 substituted “(b)(3)” for “(b)(2)”.

2003—Pub. L. 108–183 renumbered section 1822 of this title as this section.

Notes of Decisions

Cited in 10 cases, 1990–1992 · leading case: Smith v. Derwinski, 1 Vet. App. 267 (Vet. App. 1991).

Sort: Relevance Newest Treatment

Smith v. Derwinski, 1 Vet. App. 267 (Vet. App. 1991). · cites it 4× “at 78, and became subrogated to the rights of Citicorp pursuant to 38 U.S.C. § 1832 (a)(1) (1988). The VA, as noted on a form entitled “Advice Regarding Indebtedness of Obligors on Guaranteed or Insured Loans,” concluded that the veteran was released from any liability for the…”

New York Guardian Mortgagee Corp. v. The United States, 916 F.2d 1558 (Fed. Cir. 1990). · cites it 3× “Guardian conveyed the property to the VA in accordance with 38 U.S.C. § 1832 (5) (1988), and sought payment on the principal amounts.”

Schaper v. Derwinski, 1 Vet. App. 430 (Vet. App. 1991). “4315 (a)(1), (b)(3) (1990). The appellant argues that “GMAC .”

Whitehead v. Derwinski, 904 F.2d 1362 (9th Cir. 1990). · cites it 3× “See 38 U.S.C.A. § 1832 (West Supp.1989). However, it could have chosen the other path, exercised its statutory subrogation right, and collected in full against the debtor.”

United States v. Davis, 961 F.2d 603 (7th Cir. 1992). · cites it 2× “38 U.S.C. § 1832 ; 38 C.F.R. § 36.4323 (a).”

Vail v. Derwinski, 742 F. Supp. 1039 (D. Minnesota 1990). “If the Administrator makes such a payment, the Administrator shall be subrogated to the rights of the holder of the obligation to the extent of the amount paid on the guaranty.”

Vail v. Derwinski, 946 F.2d 589 (8th Cir. 1991). “38 U.S.C. § 1832 (a)(1) (1988); 38 C.F.R.”

Carter v. Derwinski, 758 F. Supp. 603 (D. Idaho 1991). “38 U.S.C.A. § 1832 . To protect the VA’s right to proceed personally against the debtor when state antideficiency laws bar collection through subrogation, the federal regulations provide for an additional right of indemnity.”

Jensen v. Turnage, 782 F. Supp. 1527 (M.D. Fla. 1990). “38 U.S.C. § 1832 (a)(4)(A) (1988). The notice should (1) inform the veteran about any alternatives to foreclosure that are available in light of his particular circumstances, (2) inform the veteran about his liability as well as the liability of the V.”

Vail v. Derwinski, 956 F.2d 812 (8th Cir. 1992). “After this opinion was filed, the government has called to our attention that 38 U.S.C. § 1832 (a)(4)(A) was amended in 1987 imposing a duty on the agency to provide notification to the veteran upon a showing of default.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.