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11 U.S.C. § 1167 — Collective bargaining agreements
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365&num=0&edition=prelim), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act except in accordance with section 6 of such Act.
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Source file: Laws/federal/codes/united-states-code/title-11/section-1167-collective-bargaining-agreements--5d2c550854.md
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Source location: Title 11, Chapter 11, § 1167; chapter-011-reorganization.md
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Notwithstanding [section 365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365&num=0&edition=prelim), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act except in accordance with section 6 of such Act.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in sections 765 and 766 of this title and in subsections (b), (c), and (d) of this section, the trustee, subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.
**(b)**
(1) If there has been a default in an executory contract or unexpired lease of the debtor, the trustee may not assume such contract or lease unless, at the time of assumption of such contract or lease, the trustee—
(A) cures, or provides adequate assurance that the trustee will promptly cure, such default other than a default that is a breach of a provision relating to the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetary obligations under an unexpired lease of real property, if it is impossible for the trustee to cure such default by performing nonmonetary acts at and after the time of assumption, except that if such default arises from a failure to operate in accordance with a nonresidential real property lease, then such default shall be cured by performance at and after the time of assumption in accordance with such lease, and pecuniary losses resulting from such default shall be compensated in accordance with the provisions of this paragraph;
(B) compensates, or provides adequate assurance that the trustee will promptly compensate, a party other than the debtor to such contract or lease, for any actual pecuniary loss to such party resulting from such default; and
(C) provides adequate assurance of future performance under such contract or lease.
(2) Paragraph (1) of this subsection does not apply to a default that is a breach of a provision relating to—
(A) the insolvency or financial condition of the debto
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 365
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Federal law — U.S. Code and appendices · legal_authorities
Carriers and representatives of the employees shall give at least thirty days’ written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice. In every case where such notice of intended change has been given, or conferences are being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon, as required by [section 155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section155&num=0&edition=prelim), by the Mediation Board, unless a period of ten days has elapsed after termination of conferences without request for or proffer of the services of the Mediation Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 156
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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
When used in this chapter and for the purposes of this chapter—
Source: Supplied U.S. Code snapshot — release unconfirmed · 45 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
Page 282
TITLE 11—BANKRUPTCY
§ 1167
menced. However, any order that would require the ex-
penditure, or the incurring of an obligation for the ex-
penditure, of money is not effective under [until] ap-
proved by the court.
Editorial Notes
REFERENCES IN TEXT
Section 601(b) of the Regional Rail Reorganization
Act of 1973, referred to in par. (2), is classified to sec-
tion 791(b) of Title 45, Railroads.
AMENDMENTS
1994—Par. (2). Pub. L. 103–394 struck out ‘‘(45 U.S.C.
791(b))’’ after ‘‘Act of 1973’’.
1984—Pub. L. 98–353 directed substitution of ‘‘subtitle
IV of title 49’’ for ‘‘the Interstate Commerce Act (49
U.S.C. 1 et seq.)’’, which substitution had previously
been made by Pub. L. 97–449.
1983—Pub. L. 97–449 substituted ‘‘subtitle IV of title
49’’ for ‘‘Interstate Commerce Act’’ in section catch-
line, and ‘‘subtitle IV of title 49’’ for ‘‘the Interstate
Commerce Act (49 U.S.C. 1 et seq.)’’ in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–394 effective Oct. 22, 1994,
and not applicable with respect to cases commenced
under this title before Oct. 22, 1994, see section 702 of
Pub. L. 103–394, set out as a note under section 101 of
this title.
§ 1167. Collective bargaining agreements
Notwithstanding section 365 of this title, nei-
ther the court nor the trustee may change the
wages or working conditions of employees of the
debtor established by a collective bargaining
agreement that is subject to the Railway Labor
Act except in accordance with section 6 of such
Act.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2642; Pub. L.
103–394, title V, § 501(d)(35), Oct. 22, 1994, 108 Stat.
4146.)
HISTORICAL AND REVISION NOTES
SENATE REPORT NO. 95–989
Section 1176 [enacted as section 1167] is derive
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1167
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