2011 California Code
Insurance Code
DIVISION 2. CLASSES OF INSURANCE [1880 - 12865]
ARTICLE 11.5. Rehabilitation
Section 12629.38

The superior court in which such petition is pending is hereby given jurisdiction to determine all questions required to be determined pursuant to this article including, without limiting the generality of the foregoing, the following: Whether the insurer subject to such plan is included in one or more of the classes specified in section 12629; whether any such plan, either in its original or modified form is fair and equitable; whether it discriminates in favor of any class of certificate holders, creditors or other persons affected thereby; whether it is feasible; whether the terms and conditions of any proposed issuance and exchange of stock, mortgage participation certificates, bonds, notes, debentures or other securities thereunder are fair, and to approve or disapprove such terms and conditions; the total liabilities and total assets of such insurer; the approvals requisite under this article to such plan becoming operative, including jurisdiction to determine, for the purposes of the plan and the consents, the division of the creditors and other known persons, if any, affected by the plan into classes according to the nature of their respective claims and interests.

(Added by Stats. 1937, Ch. 926.)