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11 U.S.C. § 1166 — Effect of subtitle IV of title 49 and of Federal, State, or local regulations
Federal law — U.S. Code and appendices · legal_authorities
Except with respect to abandonment under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1166
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Source file: Laws/federal/codes/united-states-code/title-11/section-1166-effect-of-subtitle-iv-of-title-49-and-of-federal-state-or-local-regulati--d8d503fa7f.md
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Passage SHA-256: 10601fbe63f1fa2ec44e5c567a7404d6c6cfc734b85da5addd74684c28d6aed2
Source location: Title 11, Chapter 11, § 1166; chapter-011-reorganization.md
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Except with respect to abandonment under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or merger, modification of the financial structure of the debtor, or issuance or sale of securities under a plan, the trustee and the debtor are subject to the provisions of subtitle IV of title 49 that are applicable to railroads, and the trustee is subject to orders of any Federal, State, or local regulatory body to the same extent as the debtor would be if a petition commencing the case under this chapter had not been filed, but—
(1) any such order that would require the expenditure, or the incurring of an obligation for the expenditure, of money from the estate is not effective unless approved by the court; and
(2) the provisions of this chapter are subject to section 601(b) of the Regional Rail Reorganization Act of 1973.
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Federal law — U.S. Code and appendices · legal_authorities
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to encourage honest and efficient management of railroads;
(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(13) to ensure the av
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The court, after notice and a hearing, may authorize the abandonment of all or a portion of a railroad line if such abandonment is—
(1)
(A) in the best interest of the estate; or
(B) essential to the formulation of a plan; and
(2) consistent with the public interest.
**(b)** If, except for the pendency of the case under this chapter, such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate application for such abandonment with the Board. The court may fix a time within which the Board shall report to the court on such application.
**(c)** After the court receives the report of the Board, or the expiration of the time fixed under subsection (b) of this section, whichever occurs first, the court may authorize such abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing.
**(d)**
(1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final.
(2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersede
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1170
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury.
**(b)** Except as provided in [section 1166 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1166&num=0&edition=prelim), a trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 959
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Federal law — U.S. Code and appendices · legal_authorities
Page 281
TITLE 11—BANKRUPTCY
§ 1166
HOUSE REPORT NO. 95–595
[Section 1163] This section [enacted as section 1164]
gives the same right to raise, and appear and be heard
on, any issue in a railroad reorganization case to the
Interstate Commerce Commission, the Department of
Transportation, and any State or local commission
having regulatory jurisdiction over the debtor as is
given to the SEC and indenture trustees under section
1109 in ordinary reorganization cases. The right of ap-
peal is denied the ICC, the Department of Transpor-
tation, and State and local regulatory agencies, the
same as it is denied the SEC.
Editorial Notes
AMENDMENTS
1995—Pub. L. 104–88 substituted ‘‘Board’’ for ‘‘Com-
mission’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 1301 of Title 49, Transpor-
tation.
§ 1165. Protection of the public interest
In applying sections 1166, 1167, 1169, 1170, 1171,
1172, 1173, and 1174 of this title, the court and the
trustee shall consider the public interest in ad-
dition to the interests of the debtor, creditors,
and equity security holders.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 1165 of the House amendment represents a
modification of sections 1165 and 1167 of the Senate
amendment requiring the court and the trustee to con-
sider the broad, general public interest in addition to
the interests of the debtor, creditors, and equity secu-
rity holders in applying specific sections of the sub-
chapter.
SENATE REPORT NO. 95–989
Section 1165 requires the court, in consideration of
the relief to be granted upon
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1166
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