San Marino Bankruptcy Attorney, Bankruptcy Lawyer, Bankruptcy Code 11 USC Section 1164

TITLE 11 - BANKRUPTCY
CHAPTER 11 - REORGANIZATION
    SUBCHAPTER IV - RAILROAD REORGANIZATION

-HEAD-
    Sec. 1164. Right to be heard

-STATUTE-
      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.

-SOURCE-
    (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.

-End-
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