Browse Arkansas Code titles and sections
11 U.S.C. § 1169 — Effect of rejection of lease of railroad line
Federal law — U.S. Code and appendices · legal_authorities
Page 284
TITLE 11—BANKRUPTCY
§ 1169
‘‘(B) that occurs or becomes an event of default
after such date is cured before the later of—
‘‘(i) 30 days after the date of such default or
event of default; and
‘‘(ii) the expiration of such 60-day period.
‘‘(b) The trustee and the secured party, lessor, or con-
ditional vendor, as the case may be, whose right to
take possession is protected under subsection (a) of this
section, may agree, subject to the court’s approval, to
extend the 60-day period specified in subsection (a)(1) of
this section.’’
1984—Subsec. (b). Pub. L. 98–353 inserted a comma
after ‘‘approval’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fis-
cal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
Title 49, Transportation.
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.
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.
§ 1169. Effect of rejection of lease of railroad line
(a) Except as provided in subsection (b) of this
section, if a lease of a line of railroad under
which the debtor is the lessee is rejected under
section 365 of this title, and if the trustee, with-
in such time as the court fixes, and with the
court’s approval, elects not to operate the leased
line, the lessor under such lease, after such ap-
proval
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1169
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: e8a6a5335601f81f3e4e4f48dfb5aec77a80edf7883a91b2ddd6c0ba32a093e2. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-8b4b834a25ddd821d1ce19c5
Source file: Laws/federal/codes/united-states-code-2024/title-11/section-1169-effect-of-rejection-of-lease-of-railroad-line--737bd63762.md
Pages: Not recorded – Not recorded
Passage SHA-256: 4012e73c3168f9e945d836dfb54f4d04b44bbbc532559ac1771f194f57d466d4
Source location: USCODE-2024-title11-chap11-subchapIV-sec1169.pdf
Stored source content
Page 284
TITLE 11—BANKRUPTCY
§ 1169
‘‘(B) that occurs or becomes an event of default
after such date is cured before the later of—
‘‘(i) 30 days after the date of such default or
event of default; and
‘‘(ii) the expiration of such 60-day period.
‘‘(b) The trustee and the secured party, lessor, or con-
ditional vendor, as the case may be, whose right to
take possession is protected under subsection (a) of this
section, may agree, subject to the court’s approval, to
extend the 60-day period specified in subsection (a)(1) of
this section.’’
1984—Subsec. (b). Pub. L. 98–353 inserted a comma
after ‘‘approval’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fis-
cal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
Title 49, Transportation.
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.
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.
§ 1169. Effect of rejection of lease of railroad line
(a) Except as provided in subsection (b) of this
section, if a lease of a line of railroad under
which the debtor is the lessee is rejected under
section 365 of this title, and if the trustee, with-
in such time as the court fixes, and with the
court’s approval, elects not to operate the leased
line, the lessor under such lease, after such ap-
proval, shall operate the line.
(b) If operation of such line by such lessor is
impracticable or contrary to the public interest,
the court, on request of such lessor, and after
notice and a hearing, shall order the trustee to
continue operation of such line for the account
of such lessor until abandonment is ordered
under section 1170 of this title, or until such op-
eration is otherwise lawfully terminated, which-
ever occurs first.
(c) During any such operation, such lessor is
deemed a carrier subject to the provisions of
subtitle IV of title 49 that are applicable to rail-
roads.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2643; Pub. L.
97–449, § 5(a)(3), Jan. 12, 1983, 96 Stat. 2442; Pub.
L. 98–353, title III, § 520, July 10, 1984, 98 Stat.
388.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 1169 of the Senate amendment is deleted from
the House amendment as unnecessary since 28 U.S.C.
1407 treating with the judicial panel on multi-district
litigation will apply by its terms to cases under title
11.
SENATE REPORT NO. 95–989
Section 1177 [enacted as section 1169] continues, es-
sentially without change, the provisions relating to the
rejection by the trustee of a lease of a line of railroad
now contained in section 77(c)(6) [section 205(c)(6) of
former title 11]. Subsection (a) requires the lessor of a
line of railroad to operate it if the lease is rejected by
the trustee and the trustee, with the approval of the
court, elects not to operate the leased line. Subsection
(b), however, further provides that if operation by the
lessor is impractical or contrary to the public interest,
the court shall require the trustee to operate the line
for the account of the lessor until the operation is law-
fully terminated. Subsection (c) provides that during
such operation, the lessor is a carrier subject to the
Interstate Commerce Act [49 U.S.C. 10101 et seq.].
HOUSE REPORT NO. 95–595
[Section 1168] This section [enacted as section 1169]
governs the effect of the rejection by the trustee of an
unexpired lease of railroad line under which the debtor
is the lessee. If the trustee rejects such a lease, and if
the trustee, within such time as the court allows, and
with the approval of the court, elects not to operate
the leased line, then the lessor under the lease must op-
erate the line.
Subsection (b) excuses the lessor from the require-
ment to operate the line under certain circumstances.
If operation of the line by the lessor is impracticable or
contrary to the public interest, the court, on request of
the lessor, must order the trustee to continue oper-
ation of the line for the account of the lessor until
abandonment is ordered under section 1169, governing
abandonments generally, or until the operation is oth-
erwise lawfully terminated, such as by an order of the
ICC.
Subsection (c) deems the lessor a carrier subject to
the provisions of the Interstate Commerce Act [49
U.S.C. 10101 et seq.] during the operation of the line be-
fore abandonment.
Editorial Notes
AMENDMENTS
1984—Subsec. (c). Pub. L. 98–353 directed substitution
of ‘‘subtitle IV of title 49’’ for ‘‘the Interstate Com-
merce Act (49 U.S.C. 1 et seq.)’’, which substitution had
previously been made by Pub. L. 97–449.
1983—Subsec. (c). Pub. L. 97–449 substituted ‘‘subtitle
IV of title 49’’ for ‘‘the Interstate Commerce Act (49
U.S.C. § 1 et seq.)’’.
§ 1170. Abandonment of railroad line
(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 re-
quire approval by the Board under a law of the
United States, the trustee shall initiate an ap-
propriate 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 abandon-
ment, after notice to the Board, the Secretary of
Transportation, the trustee, any party in inter-
est that has requested notice, any affected ship-
per or community, and any other entity pre-
scribed by the court, and a hearing.
(d)(1) Enforcement of an order authorizing
such abandonment shall be stayed until the
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, if a lease of a line of railroad under which the debtor is the lessee is rejected under [section 365 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365&num=0&edition=prelim), and if the trustee, within such time as the court fixes, and with the court’s approval, elects not to operate the leased line, the lessor under such lease, after such approval, shall operate the line.
**(b)** If operation of such line by such lessor is impracticable or contrary to the public interest, the court, on request of such lessor, and after notice and a hearing, shall order the trustee to continue operation of such line for the account of such lessor until abandonment is ordered under [section 1170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1170&num=0&edition=prelim), or until such operation is otherwise lawfully terminated, whichever occurs first.
**(c)** During any such operation, such lessor is deemed a carrier subject to the provisions of subtitle IV of title 49 that are applicable to railroads.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1169
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.
**(b)** Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1407
Stored review status: release_metadata_unconfirmed. The source passage cites 28 U.S.C. § 1407. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 392
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1407
or district shall dismiss, or if it be in the inter-
est of justice, transfer such case to any district
or division in which it could have been brought.
(b) Nothing in this chapter shall impair the ju-
risdiction of a district court of any matter in-
volving a party who does not interpose timely
and sufficient objection to the venue.
(c) As used in this section, the term ‘‘district
court’’ includes the District Court of Guam, the
District Court for the Northern Mariana Islands,
and the District Court of the Virgin Islands, and
the term ‘‘district’’ includes the territorial ju-
risdiction of each such court.
(June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949,
ch. 139, § 81, 63 Stat. 101; Pub. L. 86–770, § 1, Sept.
13, 1960, 74 Stat. 912; Pub. L. 87–845, § 10, Oct. 18,
1962, 76A Stat. 699; Pub. L. 97–164, title I, § 132,
Apr. 2, 1982, 96 Stat. 39; Pub. L. 104–317, title VI,
§ 610(b), Oct. 19, 1996, 110 Stat. 3860.)
HISTORICAL AND REVISION NOTES
1948 ACT
Subsection (a) provides statutory sanction for trans-
fer instead of dismissal, where venue is improperly laid.
Subsection (b) is declaratory of existing law. (See
Panama R.R. Co. v. Johnson, 1924, 44 S.Ct. 391, 264 U.S.
375, 68 L.Ed. 748.) It makes clear the intent of Congress
that venue provisions are not jurisdictional but may be
waived.
1949 ACT
This section removes an ambiguity in section 1406(a)
of title 28, U.S.C., by substituting ‘‘may’’ for ‘‘shall’’,
thus making it clear that the court may decline to
transfer a case brought in the wrong district under cir-
cumstances where it would not be in the interest of jus-
tice to make such transfer. [The amendment to section
1406(a) of this title described in this note was altered in
th
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1407
Stored review status: historical_2024_not_currentness_verified. The source passage cites 28 U.S.C. § 1407. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 417
TITLE 49—TRANSPORTATION
§ 10101
State or a unit of local government under the
program shall be not more than 80 percent.
(g) TECHNICAL ASSISTANCE.—The Secretary, in
consultation with the Undersecretary and the
Director, shall develop a process to provide tech-
nical assistance to Indian Tribes and under-
served communities to assist in the project de-
sign and grant process and procedures.
(h)
ADMINISTRATIVE
EXPENSES.—Of
the
amounts made available for each fiscal year to
carry out the program, the Secretary, the Un-
dersecretary, and the Director may use not more
than 2 percent to pay the administrative ex-
penses necessary to carry out this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out the
program $800,000,000 for each of fiscal years 2022
through 2026.
(Added Pub. L. 117–58, div. B, title I, § 21203(a),
Nov. 15, 2021, 135 Stat. 676.)
SUBTITLE IV—INTERSTATE
TRANSPORTATION
PART A—RAIL
Chapter
Sec.
101.
GENERAL PROVISIONS ...................
10101
105.
JURISDICTION ...................................
10501
107.
RATES ....................................................
10701
109.
LICENSING ...........................................
10901
111.
OPERATIONS .......................................
11101
113.
FINANCE ...............................................
11301
115.
FEDERAL-STATE RELATIONS .......
11501
117.
ENFORCEMENT:
INVESTIGA-
TIONS,
RIGHTS,
AND
REM-
EDIES .................................................
11701
119.
CIVIL
AND
CRIMINAL
PEN-
ALTIES ...............................................
11901
PART B—MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS
Chapter
Sec.
131.
GENERAL PROVISIONS ...................
13101
133.
ADMINISTRATIVE PROVISION
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.