11 U.S.C. § 1165
Protection of the public interest
In applying sections 1166, 1167, 1169, 1170, 1171, 1172, 1173, and 1174 of this title, the court and the trustee shall consider the public interest in addition to the interests of the debtor, creditors, and equity security holders.
Notes of Decisions
Cited in 10
cases, 1981–2004 · leading case: Pennbank v. Winters (In Re Winters), 99 B.R. 658 (Bankr. W.D. Pa. 1989).
Pennbank v. Winters (In Re Winters), 99 B.R. 658 (Bankr. W.D. Pa. 1989). “See 11 U.S.C. §§ 1165 and 1173 (Confirmation is subject to a "best interests" test.”
In Re Delaware & Hudson Ry. Co., 124 B.R. 169 (D. Del. 1991). “11 U.S.C. § 1165 . Section 1170 provides that after a hearing the Bankruptcy Court may authorize the abandonment of a railroad line if it is (1) in the best interest of the estate or essential to the formulation of a plan; and (2) consistent with the public interest.”
Howard v. Surface Transp. Bd., 389 F.3d 259 (1st Cir. 2004). “§ 1170(a)(l)-(2); see also 11 U.S.C. § 1165 ("In applying section[] .”
In Re Dakota Rail, Inc., 104 B.R. 138 (Bankr. D. Minn. 1989). “11 U.S.C. §§ 1165 , 1173(a)(1), (2), (3), and (4).”
Wheeling-Pittsburgh Steel Corp. v. McCune, 836 F.2d 153 (3rd Cir. 1987). “” 11 U.S.C. § 1165 . The fact that a railroad is wholly owned by an industrial corporation does not mean that it may not be a common carrier subject to the railroad reorganization provisions.”
Citicorp North Am., Inc. v. Murray (In Re Chicago, Missouri & W. Ry. Co.), 109 B.R. 308 (N.D. Ill. 1989). “Compare 11 U.S.C. § 1165 with S. 2266 § 1165, 95th Cong.”
In Re Chicago, Missouri & W. Ry. Co., 90 B.R. 344 (Bankr. N.D. Ill. 1988). “8 In drafting 11 U.S.C. § 1165 , Congress required that the court and trustee “shall consider the public interest in addition to the interests of the debtor, creditors, and equity security holders,” in ruling on, inter alia, the liquidation or abandonment of a railroad.”
Pereira v. Phillips, 154 Misc. 2d 155 (N.Y. City Civ. Ct. 1992). “( 28 USC § 959 [b].) Where a railroad files for reorganization, however, the Trustee must act to preserve not only the interests of the creditors but the public interest as well.”
In Re Funding Sys. Railcars, Inc., 15 B.R. 611 (Bankr. N.D. Ill. 1981). “A similar argument of the plaintiffs is the noted omission of § 1168 from those sections where the court and the trustee shall consider the public interest in addition to the interests of the debtor, creditors and equity security holders, 11 U.S.C. § 1165 . One possible…”
In re Boston & Maine Corp., 62 B.R. 39 (D. Mass. 1983). “§ 1170 and 11 U.S.C. § 1165 . Upon the entire record, the further retention in service of the Brattleboro-Hinsdale Segment to handle the present and foreseeable future level of need for rail transportation would result in continuous operating losses.”
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