11 U.S.C. § 1173 — Confirmation of plan
submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 202 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The court shall confirm a plan if—
the applicable requirements of section 1129 of this title have been met;
each creditor* or equity security holder* will receive or retain under the plan property of a value, as of the effective date of the plan, that is not less than the value of property that each such creditor or equity security* holder would so receive or retain if all of the operating railroad lines of the debtor* were sold, and the proceeds of such sale, and the other property of the estate, were distributed under chapter 7 of this title on such date;
in light of the debtor’s past earnings and the probable prospective earnings of the reorganized debtor, there will be adequate coverage by such prospective earnings of any fixed charges, such as interest on debt*, amortization of funded debt, and rent for leased railroads, provided for by the plan; and
the plan is consistent with the public interest.
If the requirements of subsection (a) of this section are met with respect to more than one plan, the court shall confirm the plan that is most likely to maintain adequate rail service in the public interest.
Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2644; Pub. L. 98–353, title III, § 523, July 10, 1984, 98 Stat. 388.)
- 1978Enacted · Pub. L. 95-598 · 92 Stat. 2644
- 1984Amended · Pub. L. 98-353 · 98 Stat. 388
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.
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