48 U.S.C. § 2164 — Petition and proceedings relating to petition
submitted 10 years ago by Pub. L. 114-187 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 418 words · no verdicts yet
A voluntary case begins when the Oversight Board files a petition. This section sets rules for objections, appeals, joint cases, public-safety obligations, and voting on debt-adjustment plans.
(a) The Oversight Board* starts a voluntary case by filing a petition with the district court under its section 2146 determination. (b) After an objection, the court may dismiss the petition after notice and a hearing if it does not meet this subchapter's requirements. This dismissal rule does not apply during the first 120 days after the case starts. (c) Starting the case is an order for relief. (d) An appeal from that order may not delay proceedings, and no court may stay them pending appeal. (e) Reversing a jurisdiction finding on appeal does not invalidate debt authorized by the court under section 364(c) or (d) of title 11. (f) If debtors are affiliates, the Oversight Board may file petitions jointly or submit or modify plans jointly for them. This does not authorize substantive consolidation of affiliated cases. (g) If separate affiliate* cases were filed and the Oversight Board moves to administer them together, the court may order joint administration. (h) This chapter does not allow discharge of obligations under federal police or regulatory laws, including environmental, public-health, safety, or territorial laws implementing those provisions. This includes compliance duties, consent-decree or judicial-order requirements, and related administrative, civil, or other penalties. (i) Despite contrary provisions, including incorporated title 11 provisions, nothing here prevents a claim holder from voting on or consenting to a proposed modification of the claim under subchapter VI.
A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board* pursuant to the determination under section 2146 of this title.
After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.
The commencement of a case under this subchapter constitutes an order for relief.
The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal.
The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11.
The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors.
If the Oversight Board, on behalf of a debtor* and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates, files a motion to administer the cases jointly, the court may order a joint administration of the cases.
This chapter may not be construed to permit the discharge of obligations arising under Federal police or regulatory laws, including laws relating to the environment, public health or safety, or territorial laws implementing such Federal legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associated administrative, civil, or other penalties.
Notwithstanding any provision in this subchapter to the contrary, including sections of title 11 incorporated by reference, nothing in this section shall prevent the holder of a claim from voting on or consenting to a proposed modification of such claim under subchapter VI of this chapter.
Source credit: (Pub. L. 114–187, title III, § 304, June 30, 2016, 130 Stat. 579.)
- 2016Enacted · Pub. L. 114-187 · 130 Stat. 579
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-187 on 2016-06-30.
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