Page:United States Statutes at Large Volume 49 Part 1.djvu/961

 916 74TH CONGRESS. SESS. I. CH. 774. AUGUST 27, 1935. their respective claims and interests. Such division shall not pro- vide for separate classification unless there be substantial differences comb ined cl aim, in priorities, claims, or interests. The trustee or trustees under any mortgage, deed of trust, or indenture outstanding against the prop- erty may, within the time prescribed, file a verified claim in behalf of all bonds or securities outstanding under such mortgage, deed of trust, or indenture, in which event it shall be unnecessary for the holders of such bonds or securities to file claims in their own behalf, but nothing herein shall constitute such trustee or trustees the representative or representatives of such holders for the purpose of accepting or rejecting any plan of reorganization. Periods for filing claims, hearings, etc. (8) The judge shall cause reasonable notice of the period in which claims may be filed, of hearings on application for the dismissal of the proceedings, or for the final allowance of fees or expenses to be given creditors and stockholders by publication or otherwise. Reporting irregulari- (9) The judge shall direct the trustee or trustees, and may request ties, etc. the Commission through such of its agencies as it may designate, to report to him any facts pertaining to irregularities, fraud, mis- conduct, or mismanagement, as a consequence of which the debtor may have a cause of action arising therefrom against any person or corporation. R e c o r d s a n d (10) T he judge may di rect the debtor or the trustee or trus tees accounts. to keep such records and accounts, in addition to the accounts pre- scribed by the Commission, as will permit of such a segregation and allocation, as the necessities of the case may require, of the earnings and expenses between and to the divisions and parts of the railroad or other property of the debtor which are separately subject to the liens of the various mortgages or deeds of trust, or are separately subject to lease, and may refer to the Commission for its recom- mendations after hearings thereon if the parties shall so request and/or the Commission determine necessary or desirable, as to the method or formula by which such segregation and allocation shall be made ; and thereafter such segregation and allocation may be made at the expense of the debtor's estate. erR eports a ssste tprop - (11) The Commission may direct such of its agencies as it may debtor. designate to file in the proceedings before the Commission a report, and additional or supplemental reports at such time or times as the Commission shall designate, of such data with reference to the prop- erty, busin ess, ear nings, and corp orate o rganizat ion of the debt or and such other facts as the Commission, after hearing if it deems necessary, shall determine to be necessary or helpful information for the purposes of the preparation of reorganization plans, and for the purpose of aiding in determining the method or formula of allocating earnings permitted by subdivision (10) of this sub- To be prima facie section (c). Such report or reports shall be prima facie evidence evidence of facts stated. . . of the facts therein stated in any proceeding under this section. The act ual c ost of pr epar ing s aid repor t or repo rts shall be certi fied by the Commission and shall be borne by the debtor's estate. Administration, etc., (1 2) Within such maximum limits as are fixed by the Commis- expense allowances. sion, the judge may make an allowance, to be paid out of the debtor's estate, for the actual and reasonable expenses (including reasonable attorney's fees) incurred in connection with the proceedings and plan by parties in interest and by reorganization managers and co mmittees or oth er repre sentati ves of c reditor s and st ockhold ers, an d within such l imits ma y make an allow ance to be paid out of the de btor's e state f or the a ctual a nd reaso nable e xpenses incurre d in connection with the proceedings and plan and reasonable compensa- tion for servic es in co nnectio n therew ith by trustees under inden- tu res, dep ositari es and s uch ass istants as the Commissi on with the