Page:United States Statutes at Large Volume 52.djvu/925

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PUBLIC LAWS-CH. 575--JUNE 22, 1938 ing, other than voting-trust certificates, constituting claims against a debtor or claims secured by a lien upon any of its property; "Petition." "(9) 'petition' shall mean a petition filed under this chapter by a debtor, creditors, or indenture trustee proposing that a plan of reorganization be effected; "Plan." "(10) 'plan' shall mean a plan of reorganization proposed in a proceeding under this chapter; "Securities." "(11) 'securities' shall include notes, bonds, and other evidences of indebtedness, either secured or unsecured, and stock; " Stock." "(12) 'stock' shall include membership, shares, and similar inter- ests in a debtor, certificates and other evidences of such membership, shares or interests, and voting-trust certificates; " Subsidiary. " "(13) 'subsidiary' shall mean a corporation substantially all of whose properties are operated under lease or operating agreement, or the majority of whose stock having power to vote for the election of directors, trustees, or other similar controlling bodies is owned, directly or indirectly, through an intervening corporation or other medium, by another parent corporation, a petition by or against which has been approved. Classes affected by "SEC. 107. Creditors or stockholders or any class thereof shall be deemed to be 'affected' by a plan only if their or its interest shall be materially and adversely affected thereby. In the event of contro- versy, the court shall after hearing upon notice summarily determine whether any creditor or stockholder or class is so affected. "ARTICLE III-JURISDICTION AND POWERS OF COURT purisdiction and "SEC. 111 . Where not inconsistent with the provisions of this chapter, the court in which a petition is filed shall, for the purposes of this chapter, have exclusive jurisdiction of the debtor and its property, wherever located. Priornto approval of "SEC. 112 . Prior to the approval of a petition, the jurisdiction, powers, and duties of the court and of its officers, where not incon- sistent with the provisions of this chapter, shall be the same as in a bankruptcy proceeding before adjudication. proceing tayso SEC. 113. Prior to the approval of a petition, the judge may upon cause shown grant a temporary stay, until the petition is approved or dismissed, of a prior pending bankruptcy, mortgllge foreclosure or equity receivership proceeding and of any act or other proceeding to enforce a lien against a debtor's property, and may upon cause shown enjoin or stay until the petition is approved or dismissed the com- mencement or continuation of a suit against a debtor. ponpproval of S. 114. Upon the approval of a petition, the jurisdiction, powers, and duties of the court and of its officers, where not inconsistent with the provisions of this chapter, shall be the same as in a bankruptcy proceeding upon adjudication. Additional powers "SEC. 115. Upon the approval of a petition, the court shall have and may, in addition to the jurisdiction, powers, and duties herein- above and elsewhere in this chapter conferred and imposed upon it, exercise all the powers, not inconsistent with the provisions of this chapter, which a court of the United States would have if it had appointed a receiver in equity of the property of the debtor on the ground of insolvency or inability to meet its debts as they mature. ofAudddgetl pors "SEC. 116. Upon the approval of a petition, the judge may, i addition to the jurisdiction, powers, and duties hereinabove and elsewhere in this chapter conferred and imposed upon him and the court- 884 [52 STAT.