75-322 Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission. - Nebraska Statutes

75-322. Certificate; permit; trustee, receiver, or assignee; continue operations; petition; order of commission.If a trustee, receiver, assignee, custodian, or similar officer or officers, shall be appointed by a court of competent jurisdiction, or shall be selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificate or permit holder, such officer or officers shall have authority to perform the service authorized in the certificate or permit of the debtor carrier for a period of ninety days from his or their appointment or selection. Such officer or officers may petition the commission for authority to conduct the operations for an additional period of time, and the commission may, for good cause shown, grant such authority. If such petition is filed within ninety days of the appointment or selection of the petitioner or petitioners, he or they shall have the authority to continue such operations pending decision by the commission on the petition. In considering such petitions, pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting thereof. SourceLaws 1963, c. 425, art. III, § 22, p. 1387. AnnotationsA trustee in bankruptcy, receiver, or custodian in possession under a bankruptcy arrangement, of a carrier, has the rights in the certificate of convenience and necessity of the carrier which are provided by this section, and these rights must be respected by the Nebraska Public Service Commission. Neb. Public Service Commission v. Grand Island Mov. & Storage Co., Inc., 203 Neb. 356, 278 N.W.2d 762 (1979).