11 U.S.C. § 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.
Notes of Decisions
Cited in 4
cases, 1987–1991 · leading case: In Re Delaware & Hudson Ry. Co., 96 B.R. 469 (D. Del. 1989).
In Re Delaware & Hudson Ry. Co., 96 B.R. 469 (D. Del. 1989). “Because I have not granted leave of the court to hear appellant’s appeal, I will not decide today whether the blanket prohibition of 11 U.S.C. § 1164 over appeals by state regulatory bodies includes the situation where that same regulatory body is also a party-in-interest…”
In Re Revco D.S., Inc., Debtors. Conrad J. Morgenstern, U.S. Tr. v. Revco D.S., Inc., 898 F.2d 498 (6th Cir. 1990). “§ 1109 (a) (1979) (Securities & Exchange Commission); 11 U.S.C. § 1164 (1979) (Interstate Commerce Commission and Department of Transportation).”
Wheeling-Pittsburgh Steel Corp. v. McCune, 836 F.2d 153 (3rd Cir. 1987). “11 U.S.C. § 1164 (1982). The contraction in the 1978 Code of the I.”
United States Tr. for the W. Dist. of Virginia v. Clark, 927 F.2d 793 (4th Cir. 1991). “§ 1109 (a) (enacted in 1978, after the United States Realty decision). In addition, § 1164 gives the same right to the Interstate Commerce Commission and the Department of Transportation, but also prohibits these agencies from taking appeals.”
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