§ 1164. Right to be heard
362 words·~2 min read·
/usc/title-11/section-1164A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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.
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- Pub. L. 95–598
- 92 Stat. 2641
- Pub. L. 104–88, title III, § 302(2)
- 109 Stat. 943
- Pub. L. 104–88
- section 2 of Pub. L. 104–88
Citation graph
cites case law
§ 1164
Right to be heard
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2641
Pub. L.Pub. L. 104–88, title III, § 302(2)
Stat.109 Stat. 943
Pub. L.Pub. L. 104–88
Cites 8 · showing 7Cited by 1 across 1 source