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11 U.S.C. § 1161 — Inapplicability of other sections
Federal law — U.S. Code and appendices · legal_authorities
Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad.
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Source location: Title 11, Chapter 11, § 1161; chapter-011-reorganization.md
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Sections 341, 343, 1102(a)(1), 1104, 1105, 1107, 1129(a)(7), and 1129(c) of this title do not apply in a case concerning a railroad.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1161 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1161&num=0&edition=prelim), chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.
**(b)** Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.
**(c)** Subchapter III of chapter 7 of this title applies only in a case under such chapter concerning a stockbroker.
**(d)** Subchapter IV of chapter 7 of this title applies only in a case under such chapter concerning a commodity broker.
**(e) Scope of Application.—** Subchapter V of chapter 7 of this title shall apply only in a case under such chapter concerning the liquidation of an uninsured State member bank, or a corporation organized under section 25A of the Federal Reserve Act, which operates, or operates as, a multilateral clearing organization pursuant to section 409 11 See References in Text note below. of the Federal Deposit Insurance Corporation Improvement Act of 1991.
**(f)** Except as provided in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section901&num=0&edition=prelim), only chapters 1 and 9 of this title apply in a case under such chapter 9.
**(g)** Except as provided in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section901&num=0&edition=prelim), subchapters I, II, and III of chapter 11 of this title apply only in a case under such chapter.
**(h)** Subchapter IV of chapter 11 of this title applies only in a case under such chapter concerning a railroad.
**(i)** Subchapter V of
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In addition to the provisions required or permitted under [section 1123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1123&num=0&edition=prelim), a plan—
(1) shall specify the extent to and the means by which the debtor’s rail service is proposed to be continued, and the extent to which any of the debtor’s rail service is proposed to be terminated; and
(2) may include a provision for—
(A) the transfer of any or all of the operating railroad lines of the debtor to another operating railroad; or
(B) abandonment of any railroad line in accordance with [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim).
**(b)** If, except for the pendency of the case under this chapter, transfer of, or operation of or over, any of the debtor’s rail lines by an entity other than the debtor or a successor to the debtor under the plan would require approval by the Board under a law of the United States, then a plan may not propose such a transfer or such operation unless the proponent of the plan initiates an appropriate application for such a transfer or such operation with the Board and, within such time as the court may fix, not exceeding 180 days, the Board, with or without a hearing, as the Board may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Board approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5.
**(c)**
(1) In approving an application under subsection (b) of this section, the Board shall require the rail carrie
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Federal law — U.S. Code and appendices · legal_authorities
Page 280
TITLE 11—BANKRUPTCY
§ 1161
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–8 effective 180 days after
Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date,
except as otherwise provided, see section 1501 of Pub. L.
109–8, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–353 effective with respect
to cases filed 90 days after July 10, 1984, see section
552(a) of Pub. L. 98–353, set out as a note under section
101 of this title.
SUBCHAPTER IV—RAILROAD
REORGANIZATION
§ 1161. Inapplicability of other sections
Sections 341, 343, 1102(a)(1), 1104, 1105, 1107,
1129(a)(7), and 1129(c) of this title do not apply in
a case concerning a railroad.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641.)
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95–989
This section makes inapplicable sections of the bill
which are either inappropriate in railroad reorganiza-
tions, or relate to matters which are otherwise dealt
with in subchapter IV.
§ 1162. Definition
In this subchapter, ‘‘Board’’ means the ‘‘Sur-
face Transportation Board’’.
(Added Pub. L. 104–88, title III, § 302(1), Dec. 29,
1995, 109 Stat. 943.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1162, Pub. L. 95–598, Nov. 6, 1978, 92
Stat. 2641, defined ‘‘Commission’’, prior to repeal by
Pub. L. 104–88, title III, § 302(1), Dec. 29, 1995, 109 Stat.
943.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, see section 2 of Pub. L.
104–88, set out as a note under section 1301 of Title 49,
Transportation.
§ 1163. Appointment of trustee
As soon as practicable after the order for relief
the Secretary of Transportation shall submit a
lis
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