Page:United States Statutes at Large Volume 92 Part 2.djvu/1361

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2641

(d) The Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) does not apply to a connuercial note issued under the plan that matures not later than one year after the effective date of the plan. § 1146. Special tax provisions 11 USC 1146. (a) For the purposes of any State or local law imposing a tax on or measured by income, the taxable period of a debtor that is an individual shall terminate on the date of the order for relief under this chapter, unless the case was converted under section 706 of this title. ^«fe. P- 2606. (b) The trustee shall make a State or local tax return of income for the estate of an individual debtor in a case under this chapter for each taxable period after the order for relief under this chapter during which the case is pending. (c) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 of this title, may not be taxed under any State or local law imposing a stamp tax or similar tax. (d) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title and under the law imposing such tax, of the Ante, p. 2565. plan. In the event of an actual controversy, the court may declare such effects after the earlier of— (1) the date on which such governmental unit responds to the request under this subsection; and (2) 270 days after such request. SUBCHAPTER IV—RAILROAD REORGANIZATION § 1161, Inapplicability of other sections Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad. § 1162. Definition In this subchapter, "Commission" means Interstate Commerce Commission.

11 USC 1161. Ante, pp.25M, 2565. 11 USC 1162.

§ 1163. Appointment of trustee 11 USC 1163. As soon as practicable after the order for relief, the Secretary of Transportation shall submit a list of five disinterested persons that are qualified and willing to serve as trustee in the case. The court shall appoint one of such persons to serve as trustee in the case. § 1164. Right to be heard 11 USC 1164. The Commission, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and may appear and be heard on any issue in a case under this chapter, but may not appeal from any judgment, order, or decree entered in the case. § 1165. Protection of the public interest 11 USC 1165. 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 securityholders.

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