2014 US Code
Title 11 - Bankruptcy (Sections 101 - 1532)
Chapter 11 - Reorganization (Sections 1101 - 1174)
Subchapter IV - Railroad Reorganization (Sections 1161 - 1174)
Sec. 1164 - Right to be heard
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 11 - BANKRUPTCY |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 11 - BANKRUPTCY CHAPTER 11 - REORGANIZATION SUBCHAPTER IV - RAILROAD REORGANIZATION Sec. 1164 - Right to be heard |
| Contains | section 1164 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 104-88, title III, §302(2), Dec. 29, 1995, 109 Stat. 943. |
| Statutes at Large References | 92 Stat. 2641 109 Stat. 943 |
| Public and Private Laws | Public Law 95-598, Public Law 104-88 |
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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 NOTESLEGISLATIVE STATEMENTSSection 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.
AMENDMENTS1995—Pub. L. 104–88 substituted "Board" for "Commission".
EFFECTIVE DATE OF 1995 AMENDMENTAmendment 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.
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