LEXIS-NEXIS® Congressional Universe-Document

LEXIS-NEXIS® Congressional

2000 CIS H 521115

TITLE: Limits on Regulatory Powers Under the Bankruptcy Code

CIS-NO: 2000-H521-115
SOURCE: Committee on the Judiciary. House
DOC-TYPE: Hearing Retrieve the full text of testimony
DATE: Apr. 11, 2000
LENGTH: iii+60 p.
CONG-SESS: 106-2
ITEM-NO: 1020-A; 1020-B
SUDOC: Y4.J89/1:106/88
CIS DOCUMENT ON DEMAND: 1-800-227-2477 (Full Text Reproductions)

SUMMARY:
Committee Serial No. 88. Hearing before the Subcom on Commercial and Administrative Law to review bankruptcy code regulatory power issues, focusing on police/regulatory exception to the automatic stay, which provides that the automatic stay for the debtor does not extend to the commencement or continuation of actions and proceedings by Federal or State governmental units to enforce police or regulatory powers.

Examines implications for FCC spectrum management of application of the police/regulatory exception in bankruptcy proceedings involving companies awarded so-called C block radio spectrum licenses to provide wireless telecommunications services.

Supplementary material (p. 40-60) includes submitted statements and a report.

CONTENT-NOTATION: Bankruptcy laws automatic stay, police/regulatory exception review

DESCRIPTORS:
    BANKRUPTCY; ADMINISTRATIVE LAW AND PROCEDURE; LAW ENFORCEMENT; STATE GOVERNMENTS; FEDERAL COMMUNICATIONS COMMISSION; RADIO; TELECOMMUNICATION REGULATION; LICENSES; POLICE

00-H521-115 TESTIMONY NO: 1     Apr. 11, 2000 p. 3-23

WITNESSES (and witness notations):
   POSNER, ETHAN M. (Deputy Associate Attorney General, Department of Justice)
   WRIGHT, CHRISTOPHER J. (General Counsel, FCC)

STATEMENTS AND DISCUSSION:
   Importance to public welfare of police/regulatory exception to the bankruptcy code automatic stay; review of court cases involving application of the automatic stay in radio spectrum licensee bankruptcy proceedings.

CONTENT NOTATION:
   Bankruptcy laws automatic stay, police/regulatory exception review

TESTIMONY DESCRIPTORS:
   CASE LAW; DEPARTMENT OF JUSTICE

00-H521-115 TESTIMONY NO: 2     Apr. 11, 2000 p. 24-40, 49-60

WITNESSES (and witness notations):
   BAIRD, DOUGLAS G. (Vice Chair, National Bankruptcy Conference)
   CUEVAS, CARLOS J. (Scholar in Residence, St. Johns University Law School)
   HEIDT, KATHRYN (Vice Chair, Business Bankruptcy Committee, Section on Business Law, ABA)
   ROBIN, LOUIS S. (attorney, representing Commercial Law League)

STATEMENTS AND DISCUSSION:
   Views on FCC role as regulator or creditor in radio spectrum license distribution, focusing on implications for application of the police/regulatory exception to the automatic stay; perspectives on proposals to amend bankruptcy code regulatory powers provisions, including police/regulatory exception.

INSERTION:
   -- Freeman, George C., Jr. (Section of Business Law, ABA), bankruptcy reform issues report, Aug. 1991 (p. 49-60).

CONTENT NOTATION:
   Bankruptcy laws automatic stay, police/regulatory exception review

TESTIMONY DESCRIPTORS:
   AMERICAN BAR ASSOCIATION

LOAD-DATE: July 6, 2001