英语翻译Without violation of the due process clause,the sale of collateral under the terms of a contract may be enjoined,if such sale would hinder the preparation or consummation of a proposed railroad reorganization,provided the injunction does
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英语翻译Without violation of the due process clause,the sale of collateral under the terms of a contract may be enjoined,if such sale would hinder the preparation or consummation of a proposed railroad reorganization,provided the injunction does
英语翻译
Without violation of the due process clause,the sale of collateral under the terms of a contract may be enjoined,if such sale would hinder the preparation or consummation of a proposed railroad reorganization,provided the injunction does no more than delay the enforcement of the contract.145 A provision that claims resulting from rejection of an unexpired lease should be treated as on a parity with provable debts,but limited to an amount equal to three years rent,was held not to amount to a taking of property without due process of law,since it provided a new and more certain remedy for a limited amount,in lieu of an existing remedy inefficient and uncertain in result.146 A right of redemption allowed by state law upon foreclosure of a mortgage was unavailing to defeat a plan for reorganization of a debtor corporation where the trial court found that the claims of junior lienholders had no value.147
Right to Sue the Government .--A right to sue the Government on a contract is a privilege,not a property right protected by the Constitution.148 The right to sue for recovery of taxes paid may be conditioned upon an appeal to the Commissioner and his refusal to refund.149 There was no denial of due process when Congress took away the right to sue for recovery of taxes,where the claim for recovery was without substantial equity,having arisen from the mistake of administrative officials in allowing the statute of limitations to run before collecting a tax.150 The denial to taxpayers of the right to sue for refund of processing and floor stock taxes collected under a law subsequently held unconstitutional,and the substitution of a new administrative procedure for the recovery of such sums,was held valid.151 Congress may cut off the right to recover taxes illegally collected by ratifying the imposition and collection thereof,where it could lawfully have authorized such exactions prior to their collection.152
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英语翻译Without violation of the due process clause,the sale of collateral under the terms of a contract may be enjoined,if such sale would hinder the preparation or consummation of a proposed railroad reorganization,provided the injunction does
如果根据合同条款出售担保品会妨碍提议的铁路重组的准备或完成,这种出售可以被禁止,只要这种禁止不超越延迟合同执行的程度,这不违反法定诉讼程序条款.
145 针对拒绝执行未到期租赁的索偿权应当与可证明债务享受同等对待,但金额限于三年的租金——由于这一条款提供了一种新的、更加确定的补偿方式,代替了现存的低效和不确定的补偿方式,这一条款要求不能未经法定诉讼程序取得财产.
146 州法律赋予的对被没收抵押品的赎买权无助于挫败债务公司的重组计划,审判法庭发现这些公司的次级留置权毫无价值.
147 对政府的起诉权.--对政府的起诉权是一项受宪法保护的优先权,而不是一项财产权利.
148 如果经向行政长官要求但被拒绝后,可以提起要求返还已付税款的诉讼.
149 由于行政官员在收税前错误地适用限制法令,返还税款的索偿权没有实质上的权益,在这种情况下,议会在收回返还税款诉讼权时不能绕过法定诉讼程序.
150 拒绝向纳税人补偿根据一个后来被认定为违宪的法律征收的股票处理和基础税,以及引入补偿这些费用的新的行政程序,都被认为是必要的.
151 议会可以在收取税收之前合法地授权,它可能会通过使课取和征收这些税款合法化而消灭要求返还非法收取的税款的权利.