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FERC Versus Bankruptcy Jurisdiction:
Fortnightly Magazine - November 2004

how best to read the statutes together in light of their language and purposes.

14. 11 U.S.C. § 1107(a).

15. In contrast, as noted in , 573 F.3d at 521-522, several of the subsections of the general "automatic stay" provision of the Code, Section 362, are subject to a number of express exceptions, one of which, provided for in Section 362(b)(4), is "the commencement or continuation of an action or proceeding by a governmental unit ... to enforce such governmental unit's police and regulatory power." 11 U.S.C. § 362(b)(4). Also in contrast, as noted in , 573 F.3d at 521, the central plan of reorganization confirmation provision of Chapter 11 of the code, Section 1129, permits a bankruptcy court to approve the plan only if, among other things, "Any governmental regulatory commission with jurisdiction, after confirmation of the plan, over the rates of the debtor has approved any rate change provided for in the plan, or such rate change is expressly conditioned upon such approval." 11 U.S.C. § 1129(a)(6).

16. 11 U.S.C. § 365(g); e.g., , 378 F.3d at 519. The claim might have a higher priority in some instances involving damages based on post-bankruptcy petition performance of a contract by the counter-party.

17. E.g., 16 U.S.C. § 824d; , 378 F.3d at 518-519.

18. , 378 F.3d at 518.

19. . at 517-22 (reviewing the district court's jurisdiction under 28 U.S.C. § 1334, Section 365 of the Code, and several provisions of the FPA).

20. . at 524-526.

21. . at 524.

22. . at 524. The Fifth Circuit also agreed with the district court that the bankruptcy court had erred in entering an overbroad injunction that required FERC to give the bankruptcy court ten days notice before taking any regulatory action with respect to hundreds of FERC-jurisdictional contracts of the debtor. . at 523-524.

23. See supra, endnote 9. did not use, however, the "harmonization" terminology.

24. , 378 F.3d at 525.

25. . at 526.

26. .

27. .

28. See, supra, endnote 1.

29. See the first article cited, supra, endnote 1.


 

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