§ 119. Reorganization of public utility corporations under the national bankruptcy act. Upon determining, after hearing and investigation, that the outstanding liabilities of a public utility corporation exceed its assets and that the public interest requires that such corporation be reorganized in order to enable it to make necessary improvements and additions to its property and facilities, and in order to enable it to render adequate public service at reasonable rates, or otherwise to promote the public interest, and that the officers and directors of the corporation have failed and neglected to cause the corporation to be reorganized, the commission may, by order, direct the officers and directors of the corporation to file a petition, under the provisions of the act of congress of July first, eighteen hundred ninety-eight, entitled "An act to establish a uniform system of bankruptcy throughout the United States," as amended, for the reorganization of the corporation, and to perform such other acts and to take such proceedings as may be required in such reorganization proceeding. Upon the failure or refusal of the officers or the directors of the corporation to comply with the said order, the commission may institute a summary proceeding in the supreme court for the enforcement thereof, in accordance with the procedure provided in this chapter for the enforcement of orders of the commission.

Terms Used In N.Y. Public Service Law 119

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.