11-U.S.C.-1164
§1164 – Right to Be Heard
Pathway
Title 11 > Chapter 11 > Subchapter IV > Section 1164
Details
- Reference: Section 1164
- Legend: §1164 – Right to Be Heard
- USCode Year: 2013
Provision Content
The Board, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and may appear and be heard on any issue in a case under this chapter, but may not appeal from any judgment, order, or decree entered in the case.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 104–88, title III, §302(2), Dec. 29, 1995, 109 Stat. 943.)
Historical and Revision Notes
legislative statements
Section 1164 of the Senate amendment is deleted as a matter to be left to the Rules of Bankruptcy Procedure. It is anticipated that the rules will require a petition in a railroad reorganization to be filed with the Interstate Commerce Commission and the Secretary of Transportation in a case concerning an interstate railroad.
Section 1164 of the House amendment is derived from section 1163 of the House bill. The section makes clear that the Interstate Commerce Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and appear and be heard on any issue in a case under subchapter IV of chapter 11, but may not appeal from any judgment, order, or decree in the case. As under section 1109 of title 11, such intervening parties are not parties in interest.
house report no. 95–595
[Section 1163] This section [enacted as section 1164] gives the same right to raise, and appear and be heard on, any issue in a railroad reorganization case to the Interstate Commerce Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor as is given to the SEC and indenture trustees under section 1109 in ordinary reorganization cases. The right of appeal is denied the ICC, the Department of Transportation, and State and local regulatory agencies, the same as it is denied the SEC.
Amendments
1995—Pub. L. 104–88 substituted Board for Commission.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
U.S. Encyclopedia of Law Coverage
11-U.S.C.-1146 in the Legal Encyclopedia: Bankruptcy
In this entry about 11-U.S.C.-1146, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
11-U.S.C.-1124 in the Legal Encyclopedia: Bankruptcy Reorganization
In this entry about 11-U.S.C.-1124, find legal reference material, bibliographies and premiere content related to bankruptcy reorganization in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy reorganization-specific issues, written by authorities in the field.
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