Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 11– REORGANIZATION

Sub Chapter IV – Railroad Reorganization

Sec. 1164. Right to be heard

  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, 
Sec. 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.


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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software