Issue link: https://mbozikis.ufcontent.com/i/1422521
61 nonmonetary judgment arising from the exercise of such powers; 27 (v) setoffs in connection with commodity contracts, forward contracts, securities contracts, repurchase agreements, swap agreements, and one or more master netting agreements (to the extent that such master netting participant was eligible to exercise such offset rights under subsections (6), (7) or (17) of Section 362(b)); 28 (vi) actions by the Secretary of Housing and Urban Development to foreclose mortgages insured under the National Housing Act and covering five or more living units; (vii) tax audits by a governmental unit, the issuance of a notice of tax deficiency by a governmental unit, a demand for tax returns, or the making of an assessment for any tax and issuance of a notice and demand for payment of such assessment (provided that any tax lien that would otherwise attach to property of the estate through an assessment shall not take effect unless such tax is a debt that will not be discharged, and the debtor will retain ownership of the property); (viii) actions by a landlord to recover nonresidential real property when the lease term expired prior to or during the administration of the case; (ix) presentment or notice of dishonor of negotiable instruments; 27 However, if the government action is designed to protect only the government's pecuniary interests, it is stayed by the filing of a bankruptcy petition or a case under SIPA. See In re Fucilo, No. 00-36261, 2002 Bankr. LEXIS 475 (Bankr. S.D.N.Y. Jan. 24, 2002). 28 For a complete discussion of a creditor's right to setoff in the case of these financial contracts, see Chapter V.G.1.