11-U.S.C.-1165

§1165 – Protection of The Public Interest

Pathway

Title 11 > Chapter 11 > Subchapter IV > Section 1165

Details

• Reference: Section 1165
• Legend: §1165 – Protection of The Public Interest
• USCode Year: 2013

Provision Content

In applying sections 1166, 1167, 1169, 1170, 1171, 1172, 1173, and 1174 of this title, the court and the trustee shall consider the public interest in addition to the interests of the debtor, creditors, and equity security holders.

(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.)

Historical and Revision Notes

legislative statements

Section 1165 of the House amendment represents a modification of sections 1165 and 1167 of the Senate amendment requiring the court and the trustee to consider the broad, general public interest in addition to the interests of the debtor, creditors, and equity security holders in applying specific sections of the subchapter.

senate report no. 95–989

Section 1165 requires the court, in consideration of the relief to be granted upon the filing of an involuntary petition, to take into account the public interest in the preservation of the debtors rail service. This is an important factor in railroad reorganization, which distinguishes them from other business reorganizations. Hence, this section modifies the provisions in sections 303 and 305 that govern generally when the business of a debtor may continue to operate, when relief under the Act sought should be granted, and when the petition should be dismissed.

Section 1167 [enacted as section 1165] imposes on the trustee the obligations, in addition to his other duties and responsibilities, to take into account the public interest in the preservation of the debtors rail service.

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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