11 U.S.C. § 1162 — Definition

Page 280 TITLE 11—BANKRUPTCY § 1161 EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title. SUBCHAPTER IV—RAILROAD REORGANIZATION § 1161. Inapplicability of other sections Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 This section makes inapplicable sections of the bill which are either inappropriate in railroad reorganiza- tions, or relate to matters which are otherwise dealt with in subchapter IV. § 1162. Definition In this subchapter, ‘‘Board’’ means the ‘‘Sur- face Transportation Board’’. (Added Pub. L. 104–88, title III, § 302(1), Dec. 29, 1995, 109 Stat. 943.) Editorial Notes PRIOR PROVISIONS A prior section 1162, Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641, defined ‘‘Commission’’, prior to repeal by Pub. L. 104–88, title III, § 302(1), Dec. 29, 1995, 109 Stat. 943. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of Title 49, Transportation. § 1163. Appointment of trustee As soon as practicable after the order for relief the Secretary of Transportation shall submit a list of five disinterested persons that are quali- fied and willing to serve as trustees in the case. The United States trustee shall appoint one of such persons to serve as trustee in the case. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L. 99–554, title II, § 226, Oct. 27, 1986, 100 Stat. 3102.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 1163 of the House amendment represents a compromise between the House bill and Senate amend- ment with respect to the appointment of a trustee in a railroad reorganization. As soon as practicable after the order for relief, the Secretary of Transportation is required to submit a list of five disinterested persons who are qualified to serve as trustee and the court will than appoint one trustee from the list to serve as trust- ee in the case. The House amendment deletes section 1163 of the Senate amendment in order to cover intrastate rail- roads in a case under subchapter IV of chapter 11. The bill does not confer jurisdiction on the Interstate Com- merce Commission with respect to intrastate railroads. SENATE REPORT NO. 95–989 [Section 1166 (enacted as section 1163)] Requires the court to appoint a trustee in every case. Since the trustee may employ whatever help he needs, multiple trusteeships are unnecessary and add to the cost of ad- ministration. The present requirement of section 77(c)(1) [section 205(c)(1) of former title 11] that the trustee be approved by the Interstate Commerce Com- mission is unnecessary, since the trustee will be se- lected either from the panel established under section 606(f) of title 28, or someone certified by the Director of the Administrative Office of the United States Courts as qualified to become a member of that panel. HOUSE REPORT NO. 95–595 [Section 1162] This section [enacted as section 1163] requires the appointment of an independent trustee in a railroad reorganization case. The court may appoint one or more disinterested persons to serve as trustee in the case. Editorial Notes AMENDMENTS 1986—Pub. L. 99–554 amended section generally, sub- stituting ‘‘relief the Secretary’’ for ‘‘relief, the Sec- retary’’ and ‘‘The United States trustee shall appoint’’ for ‘‘The court shall appoint’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Effective date and applicability of amendment by Pub. L. 99–554 dependent upon the judicial district in- volved, see section 302(d), (e) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure. § 1164. Right to be heard The Board, the Department of Transportation, and any State or local commission having regu- latory 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 Proce- dure. It is anticipated that the rules will require a peti- tion in a railroad reorganization to be filed with the Interstate Commerce Commission and the Secretary of Transportation in a case concerning an interstate rail- road. 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 Depart- ment of Transportation, and any State or local com- mission 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 ap- peal from any judgment, order, or decree in the case. As under section 1109 of title 11, such intervening par- ties are not parties in interest.