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11 U.S.C. § 1110 — Aircraft equipment and vessels
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court.
(2) The right to take possession and to enforce the other rights and remedies described in paragraph (1) shall be subject to section 362 if—
(A) before the date that is 60 days after the date of the order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and
(B) any default, other than a default of a kind specified in section 365(b)(2), under such security agreement, lease, or conditional sale contract—
(i) that occurs before the date of the order is cured before the expiration of such 60-day period;
(ii) that occurs after the date of the order and before the expiration of such 60-day period is cured before the later of—
(I) the date that is 30 days after the date of the default; or
(II) the expiration of such 60-day period; and
(iii) that occurs on or after the expiration of such 60-day period is cured in compliance with the terms of such security agreement, lease, or conditional sale contract, if a cure is permitted under that agreement, lease, or contract.
(3) T
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Source file: Laws/federal/codes/united-states-code/title-11/section-1110-aircraft-equipment-and-vessels--349fd29899.md
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Source location: Title 11, Chapter 11, § 1110; chapter-011-reorganization.md
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**(a)**
(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court.
(2) The right to take possession and to enforce the other rights and remedies described in paragraph (1) shall be subject to section 362 if—
(A) before the date that is 60 days after the date of the order for relief under this chapter, the trustee, subject to the approval of the court, agrees to perform all obligations of the debtor under such security agreement, lease, or conditional sale contract; and
(B) any default, other than a default of a kind specified in section 365(b)(2), under such security agreement, lease, or conditional sale contract—
(i) that occurs before the date of the order is cured before the expiration of such 60-day period;
(ii) that occurs after the date of the order and before the expiration of such 60-day period is cured before the later of—
(I) the date that is 30 days after the date of the default; or
(II) the expiration of such 60-day period; and
(iii) that occurs on or after the expiration of such 60-day period is cured in compliance with the terms of such security agreement, lease, or conditional sale contract, if a cure is permitted under that agreement, lease, or contract.
(3) The equipment described in this paragraph—
(A) is—
(i) an aircraft, aircraft engine, propeller, appliance, or spare part (as defined in [section 40102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102&num=0&edition=prelim)) that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that, at the time such transaction is entered into, holds an air carrier operating certificate issued pursuant to chapter 447 of title 49 for aircraft capable of carrying 10 or more individuals or 6,000 pounds or more of cargo; or
(ii) a vessel documented under chapter 121 of title 46 that is subject to a security interest granted by, leased to, or conditionally sold to a debtor that is a water carrier that, at the time such transaction is entered into, holds a certificate of public convenience and necessity or permit issued by the Department of Transportation; and
(B) includes all records and documents relating to such equipment that are required, under the terms of the security agreement, lease, or conditional sale contract, to be surrendered or returned by the debtor in connection with the surrender or return of such equipment.
(4) Paragraph (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of another party.
**(b)** The trustee and the secured party, lessor, or conditional vendor whose right to take possession is protected under subsection (a) may agree, subject to the approval of the court, to extend the 60-day period specified in subsection (a)(1).
**(c)**
(1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or conditional vendor, described in subsection (a)(1), equipment described in subsection (a)(3), if at any time after the date of the order for relief under this chapter such secured party, lessor, or conditional vendor is entitled pursuant to subsection (a)(1) to take possession of such equipment and makes a written demand for such possession to the trustee.
(2) At such time as the trustee is required under paragraph (1) to surrender and return equipment described in subsection (a)(3), any lease of such equipment, and any security agreement or conditional sale contract relating to such equipment, if such security agreement or conditional sale contract is an executory contract, shall be deemed rejected.
**(d)** With respect to equipment first placed in service on or before October 22, 1994, for purposes of this section—
(1) the term “lease” includes any written agreement with respect to which the lessor and the debtor, as lessee, have expressed in the agreement or in a substantially contemporaneous writing that the agreement is to be treated as a lease for Federal income tax purposes; and
(2) the term “security interest” means a purchase-money equipment security interest.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Definitions.—** In this part—
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) runway lighting and airport surface visual and other navigation aids;
(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;
(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;
(E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and
(F) buildings, equipment, and systems dedicated to the national airspace system.
(5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
(8) “airman” means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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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) In General.—** The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land.
**(b) Procedure.—** A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters.
**(c) Actions Against United States.—**
(1) **Exclusive remedy.—** — In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy.
(2) **Administrative claim.—** — A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 30101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this subchapter, the term—
(1) “administrator” means the person or persons described in paragraph (16) of [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1002&num=0&edition=prelim);
(2) “substantial employer”, for any plan year of a single-employer plan, means one or more persons—
(A) who are contributing sponsors of the plan in such plan year,
(B) who, at any time during such plan year, are members of the same controlled group, and
(C) whose required contributions to the plan for each plan year constituting one of—
(i) the two immediately preceding plan years, or
(ii) the first two of the three immediately preceding plan years,
total an amount greater than or equal to 10 percent of all contributions required to be paid to or under the plan for such plan year;
(3) “multiemployer plan” means a plan—
(A) to which more than one employer is required to contribute,
(B) which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer, and
(C) which satisfies such other requirements as the Secretary of Labor may prescribe by regulation,
except that, in applying this paragraph—
(i) a plan shall be considered a multiemployer plan on and after its termination date if the plan was a multiemployer plan under this paragraph for the plan year preceding such termination, and
(ii) for any plan year which began before September 26, 1980, the term “multiemployer plan” means a plan described in [section 414(f) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section414/f&num=0&edition=prelim) as in effect immediately before such date;
(4) “corporation”,
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
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Federal law — U.S. Code and appendices · legal_authorities
Page 247
TITLE 11—BANKRUPTCY
§ 1110
a party in interest in either case, the Commission may
raise and be heard on any issue. The Commission may
not appeal from a judgment, order, or decree in a case,
but may participate in any appeal by any other party
in interest. This is the present law under section 208 of
chapter X ([former] 11 U.S.C. 608).
HOUSE REPORT NO. 95–595
Section 1109 authorizes the Securities and Exchange
Commission and any indenture trustee to intervene in
the case at any time on any issue. They may raise an
issue or may appear and be heard on an issue that is
raised by someone else. The section, following current
law, denies the right of appeal to the Securities and Ex-
change Commission. It does not, however, prevent the
Commission from joining or participating in an appeal
taken by a true party in interest. The Commission is
merely prevented from initiating the appeal in any ca-
pacity.
§ 1110. Aircraft equipment and vessels
(a)(1) Except as provided in paragraph (2) and
subject to subsection (b), the right of a secured
party with a security interest in equipment de-
scribed in paragraph (3), or of a lessor or condi-
tional vendor of such equipment, to take posses-
sion of such equipment in compliance with a se-
curity agreement, lease, or conditional sale con-
tract, and to enforce any of its other rights or
remedies, under such security agreement, lease,
or conditional sale contract, to sell, lease, or
otherwise retain or dispose of such equipment, is
not limited or otherwise affected by any other
provision of this title or by any power of the
court.
(2) The right to take possession and to enforce
the other rights and remedies described in para-
graph (1) shall be subject to section 362 if—
(A) before the date that is 60 days
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1110
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