48 U.S.C. § 2168 — Selection of presiding judge

Page 372 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2168 1 So in original. Probably should be preceded by ‘‘section’’. § 2168. Selection of presiding judge (a) For cases in which the debtor is a terri- tory, the Chief Justice of the United States shall designate a district court judge to sit by designation to conduct the case. (b) For cases in which the debtor is not a terri- tory, and no motion for joint administration of the debtor’s case with the case of its affiliate territory has been filed or there is no case in which the affiliate territory is a debtor, the chief judge of the court of appeals for the circuit embracing the district in which the case is com- menced shall designate a district court judge to conduct the case. (Pub. L. 114–187, title III, § 308, June 30, 2016, 130 Stat. 582.) § 2169. Abstention Nothing in this subchapter prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this subchapter. (Pub. L. 114–187, title III, § 309, June 30, 2016, 130 Stat. 583.) § 2170. Applicable rules of procedure The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter. (Pub. L. 114–187, title III, § 310, June 30, 2016, 130 Stat. 583.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy. § 2171. Leases A lease to a territory or territorial instrumen- tality shall not be treated as an executory con- tract or unexpired lease for the purposes of sec- tion 365 or 502(b)(6) of title 11 solely by reason of the lease being subject to termination in the event the debtor fails to appropriate rent. (Pub. L. 114–187, title III, § 311, June 30, 2016, 130 Stat. 583.) § 2172. Filing of plan of adjustment (a) Exclusivity Only the Oversight Board, after the issuance of a certificate pursuant to section 2124(j) of this title, may file a plan of adjustment of the debts of the debtor. (b) Deadline for filing plan If the Oversight Board does not file a plan of adjustment with the petition, the Oversight Board shall file a plan of adjustment at the time set by the court. (Pub. L. 114–187, title III, § 312, June 30, 2016, 130 Stat. 583.) § 2173. Modification of plan The Oversight Board, after the issuance of a certification pursuant to section 2124(j) of this title, may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the re- quirements of this subchapter. After the Over- sight Board files a modification, the plan as modified becomes the plan. (Pub. L. 114–187, title III, § 313, June 30, 2016, 130 Stat. 583.) § 2174. Confirmation (a) Objection A special tax payer may object to confirma- tion of a plan. (b) Confirmation The court shall confirm the plan if— (1) the plan complies with the provisions of title 11, made applicable to a case under this subchapter by section 2161 of this title; (2) the plan complies with the provisions of this subchapter; (3) the debtor is not prohibited by law from taking any action necessary to carry out the plan; (4) except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that on the effective date of the plan each holder of a claim of a kind specified in 507(a)(2) 1 of title 11 will receive on account of such claim cash equal to the allowed amount of such claim; (5) any legislative, regulatory, or electoral approval necessary under applicable law in order to carry out any provision of the plan has been obtained, or such provision is ex- pressly conditioned on such approval; (6) the plan is feasible and in the best inter- ests of creditors, which shall require the court to consider whether available remedies under the non-bankruptcy laws and constitution of the territory would result in a greater recov- ery for the creditors than is provided by such plan; and (7) the plan is consistent with the applicable Fiscal Plan certified by the Oversight Board under subchapter II. (c) Confirmation for debtors with a single class of claims If all of the requirements of section 2174(b) of this title and section 1129(a) of title 11, incor- porated into this subchapter by section 2161 of this title other than sections 1129(a)(8) and 1129(a)(10) are met with respect to a plan— (1) with respect to which all claims are sub- stantially similar under section 2161(e) of this title; (2) that includes only one class of claims, which claims are impaired claims; and (3) that was not accepted by such impaired class, the court shall confirm the plan notwith- standing the requirements of such sections 1129(a)(8) and 1129(a)(10) of title 11 if the plan is fair and equitable and does not discriminate un- fairly with respect to such impaired class. (Pub. L. 114–187, title III, § 314, June 30, 2016, 130 Stat. 583.)