Electric Utility Bankruptcy Clarification Act: Hearing Before the Subcommittee on Courts and Administrative Practice of the Committee on the Judiciary, United States Senate, One Hundred First Congress, First Session, on S. 46 ... July 26, 1989

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Página 99 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Página 116 - Upon confirmation of the plan, the debtor and any other corporation or corporations organized or to be organized for the purpose of carrying out the plan, shall have full power and authority to, and shall put into effect and carry out the plan and the orders of the judge relative thereto, under and subject to the supervision and the control of the judge, the laws of any State or the decision or order of any State authority to the contrary notwithstanding.
Página 200 - ... (2) an opportunity shall have been afforded each such commission to suggest amendments or offer objections to the plan; and "(3) the judge shall have considered such amendments or objections at a hearing at -which such commission may be heard.
Página 92 - A statute is passed as a whole, and not in parts or sections, and is animated by one general purpose and intent. Consequently each part or section should be construed in connection with every other part or section, and so as to produce a harmonious whole.
Página 181 - It is in the general true that the province of an appellate court is only to enquire whether a judgment when rendered was erroneous or not. But if subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
Página 86 - Any common carrier, railroad corporation or street railroad corporation which shall violate any provision of this act, or which fails, omits or neglects to obey, observe or comply with any order or...
Página 297 - That whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the state in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
Página 86 - The judge shall confirm a composition if satisfied that (1) it is for the best interests of the creditors; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to...
Página 46 - ... sale of all or any part of the property of the estate, either subject to or free of any lien, or the distribution...
Página 128 - ... the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce...

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