Section 122-A. Modification of trust mortgages given in prior re-organizations  


Latest version.
  • Any such banking corporation or any individual  acting
      as  trustee  in respect to any mortgage, deed of trust or indenture upon
      real property, or any leasehold interest therein, against  which  bonds,
      certificates,  shares or any other evidence of interests therein (herein
      called "debts") shall have been issued to the public, and which mortgage
      shall have been given to such trustee by a corporation  organized  under
      section   one   hundred   twenty-one  hereof,  pursuant  to  a  plan  of
      reorganization approved by the court and which  became  effective  under
      section one hundred twenty-two hereof, or which mortgage shall have been
      given to or is held by such trustee pursuant to, or by reason of, a plan
      of  reorganization  heretofore or hereafter approved and confirmed under
      the bankruptcy acts of the United States or which  mortgage  shall  have
      been given to such trustee under a voluntary plan of reorganization by a
      corporation  caused  to be organized by a bondholders' committee for the
      purpose of acquiring the property secured by such mortgage, may, without
      foreclosure of such mortgage,  and  whether  or  not  a  default  exists
      thereunder, present to the supreme court in the county where all or part
      of  the  real property affected by such mortgage is situated, a plan for
      the reorganization of such mortgage, deed of  trust  or  indenture.  The
      plan  of  reorganization  may  provide  for:  (1)  the  extension of the
      maturity of the mortgage, deed of  trust  or  indenture  and  the  debts
      secured  thereby;  (2)  the modification of the provisions for interest,
      amortization or sinking funds; and (3) such other changes, modifications
      or amendments as may be fair and feasible and for the best interests  of
      the  security holders. Such plan may likewise be presented by holders or
      representatives of twenty-five per centum in principal  amount  of  such
      securities.  Such  plan  may cover one or more mortgages with respect to
      said property. If no default shall exist in the payment of principal  or
      interest, such plan may be presented by the mortgagor or by the owner of
      the  property covered by such mortgage. Hearing upon such reorganization
      plan  shall  be  at  such  time  and  place  and  upon  such  notice  by
      publication,  mailing or otherwise as the court shall fix in an order to
      show cause why the plan  should  not  be  approved.  No  plan  shall  be
      approved unless the court, after such hearing shall determine that it is
      fair,  feasible  and for the best interests of the security holders. The
      affirmative consent of the holders of two-thirds of the principal amount
      of the outstanding securities shall constitute a  presumption  that  the
      plan  is  fair,  feasible  and  for  the  best interests of the security
      holders. All proceedings hereunder and the rights of the parties hereto,
      including  the  hearing,  the  final  order  determining  the  plan   of
      reorganization embodying such modifications, the time and method for the
      persons  affected by such plan becoming parties thereto and the right of
      appeal from  any  order,  shall  be  governed  by  section  one  hundred
      twenty-two  hereof;  except  that  if  the  reorganization  shall become
      effective it shall be without prejudice to the right of  any  particular
      holder  of  such securities who has duly dissented therefrom to have the
      court determine the cash value of such securities as he may  have  owned
      on  or before the date of the presentation of the plan of reorganization
      pursuant to this section, and providing for the payment or securing  his
      ratable  share  of  such  amount  as  a condition for declaring the plan
      effective. Upon the order becoming effective the plan shall  be  binding
      upon all the security holders.
        If  any provision of this section or of section one hundred twenty-two
      hereof or any clause, sentence, paragraph or any part of such section or
      the application thereof to any person  or  circumstance  shall  be  held
      unconstitutional  or invalid, such decision or judgment shall not affect
      or impair the constitutionality or validity of  the  remainder  thereof,
    
      but  shall  be  confined  in  its  operation  to  the  clause, sentence,
      paragraph  or  part  thereof  directly  involved  in  such  decision  or
      judgment.