11 U.S.C. ch. 11 — Reorganization (Bankruptcy, §§ 1101–1195)

Contents of plan

— Contents of plan (a) In addition to the provisions required or permitted under section 1123 of this title , a plan— (1) shall specify the extent to and the…

Confirmation of plan

— Confirmation of plan (a) Terms .— The court shall confirm a plan under this subchapter only if all of the requirements of section 1129(a), other than…

Removal of debtor in possession

— Removal of debtor in possession (a) In General .— On request of a party in interest, and after notice and a hearing, the court shall order that the debtor…

Property of the estate

— Property of the estate (a) Inclusions .— If a plan is confirmed under section 1191(b) of this title , property of the estate includes, in addition to the…

Who may file a plan

— Who may file a plan (a) The debtor may file a plan with a petition commencing a voluntary case, or at any time in a voluntary case or an involuntary case…

Payments

— Payments (a) Retention and Distribution by Trustee .— Payments and funds received by the trustee shall be retained by the trustee until confirmation or…

Aircraft equipment and vessels

— 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…

Special tax provisions

— Special tax provisions (a) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed…

Confirmation of plan

— Confirmation of plan (a) The court shall confirm a plan if— (1) the applicable requirements of section 1129 of this title have been met; (2) each creditor or…

Creditors’ and equity security holders’ committees

— Creditors’ and equity security holders’ committees (a) (1) Except as provided in paragraph (3), as soon as practicable after the order for relief under…

Collective bargaining agreements

— Collective bargaining agreements Notwithstanding section 365 of this title , neither the court nor the trustee may change the wages or working conditions of…

Inapplicability of other sections

— 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…

Powers and duties of committees

— Powers and duties of committees (a) At a scheduled meeting of a committee appointed under section 1102 of this title , at which a majority of the members of…

Effect of subtitle IV of title 49 and of Federal, State, or local regulations

— Effect of subtitle IV of title 49 and of Federal, State, or local regulations Except with respect to abandonment under section 1170 of this title , or…

Postpetition disclosure and solicitation

— Postpetition disclosure and solicitation (a) In this section— (1) “adequate information” means information of a kind, and in sufficient detail, as far as is…

Status conference

— Status conference (a) In General .— Except as provided in subsection (b), not later than 60 days after the entry of the order for relief under this chapter…

Contents of plan

— Contents of plan (a) Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall— (1) designate, subject to section 1122 of this title , classes…

Appointment of trustee

— Appointment of trustee As soon as practicable after the order for relief the Secretary of Transportation shall submit a list of five disinterested persons…

Modification of plan

— Modification of plan (a) Modification Before Confirmation .— The debtor may modify a plan at any time before confirmation, but may not modify the plan so…

Effect of confirmation

— Effect of confirmation (a) Except as provided in subsections (d) (2) and (d) (3) of this section, the provisions of a confirmed plan bind the debtor, any…

Duties of trustee and examiner

— Duties of trustee and examiner (a) A trustee shall— (1) perform the duties of the trustee, as specified in paragraphs (2), (5), (7), (8), (9), (10), (11)…

Exemption from securities laws

— Exemption from securities laws (a) Except with respect to an entity that is an underwriter as defined in subsection (b) of this section, section 5 of the…

Rolling stock equipment

— Rolling stock equipment (a) (1) The right of a secured party with a security interest in or of a lessor or conditional vendor of equipment described in…

Implementation of plan

— Implementation of plan (a) Notwithstanding any otherwise applicable nonbankruptcy law, rule, or regulation relating to financial condition, the debtor and…

Classification of claims or interests

— Classification of claims or interests (a) Except as provided in subsection (b) of this section, a plan may place a claim or an interest in a particular class…

Rejection of collective bargaining agreements

— Rejection of collective bargaining agreements (a) The debtor in possession, or the trustee if one has been appointed under the provisions of this chapter…

Conversion or dismissal

— Conversion or dismissal (a) The debtor may convert a case under this chapter to a case under chapter 7 of this title unless— (1) the debtor is not a debtor…

Effect of rejection of lease of railroad line

— 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…

Definitions for this chapter

— Definitions for this chapter In this chapter— (1) “debtor in possession” means debtor except when a person that has qualified under section 322 of this title…

Acceptance of plan

— Acceptance of plan (a) The holder of a claim or interest allowed under section 502 of this title may accept or reject a plan. If the United States is a…

Transactions with professionals

— Transactions with professionals Notwithstanding section 327(a) of this title , a person is not disqualified for employment under section 327 of this title…

Definitions

— Definitions In this subchapter: (1) Debtor .— The term “debtor” means a small business debtor. (2) Debtor in possession .— The term “debtor in possession”…

Modification of plan

— Modification of plan (a) The proponent of a plan may modify such plan at any time before confirmation, but may not modify such plan so that such plan as…

Discharge

— Discharge If the plan of the debtor is confirmed under section 1191(b) of this title , as soon as practicable after completion by the debtor of all payments…

Appointment of trustee or examiner

— Appointment of trustee or examiner (a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or…

Rights, powers, and duties of debtor in possession

— Rights, powers, and duties of debtor in possession (a) Subject to any limitations on a trustee serving in a case under this chapter, and to such limitations…

Trustee

— Trustee (a) In General .— If the United States trustee has appointed an individual under section 586(b) of title 28 to serve as standing trustee in cases…

Definition

— Definition In this subchapter, “Board” means the “Surface Transportation Board”.

Priority claims

— Priority claims (a) There shall be paid as an administrative expense any claim of an individual or of the personal representative of a deceased individual…

Confirmation of plan

— Confirmation of plan (a) The court shall confirm a plan only if all of the following requirements are met: (1) The plan complies with the applicable…

Inapplicability of other sections

— Inapplicability of other sections (a) In General .— Sections 105(d), 1101(1), 1104, 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 1123(c), 1127…

Confirmation hearing

— Confirmation hearing (a) After notice, the court shall hold a hearing on confirmation of a plan. (b) A party in interest may object to confirmation of a plan.

Contents of plan

— Contents of plan A plan filed under this subchapter— (1) shall include— (A) a brief history of the business operations of the debtor; (B) a liquidation…

Duties of trustee or debtor in possession in small business cases

— Duties of trustee or debtor in possession in small business cases In a small business case, a trustee or the debtor in possession, in addition to the duties…

Distribution

— Distribution If a plan requires presentment or surrender of a security or the performance of any other act as a condition to participation in distribution…

Right to be heard

— Right to be heard (a) The Securities and Exchange Commission may raise and may appear and be heard on any issue in a case under this chapter, but the…

Claims and interests

— Claims and interests (a) A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules…

Property of the estate

— Property of the estate (a) In a case in which the debtor is an individual, property of the estate includes, in addition to the property specified in section…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (a) For purposes of this section, the term “retiree benefits” means payments to any entity or person for…

Duties and reporting requirements of debtors

— Duties and reporting requirements of debtors (a) Filing Requirements .— Upon electing to be a debtor under this subchapter, the debtor shall file the…

Authorization to operate business

— Authorization to operate business Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may…

Protection of the public interest

— 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…

Rights and powers of a debtor in possession

— Rights and powers of a debtor in possession Subject to such limitations or conditions as the court may prescribe, a debtor in possession shall have all the…

Impairment of claims or interests

— Impairment of claims or interests Except as provided in section 1123(a) (4) of this title , a class of claims or interests is impaired under a plan unless…

Liquidation

— Liquidation On request of a party in interest and after notice and a hearing, the court may, or, if a plan has not been confirmed under section 1173 of this…

Abandonment of railroad line

— 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…

Revocation of an order of confirmation

— Revocation of an order of confirmation On request of a party in interest at any time before 180 days after the date of the entry of the order of…

Filing of the plan

— Filing of the plan (a) Who May File a Plan .— Only the debtor may file a plan under this subchapter. (b) Deadline .— The debtor shall file a plan not later…

Termination of trustee’s appointment

— Termination of trustee’s appointment At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after…

Right to be heard

— Right to be heard The Board, the Department of Transportation, and any State or local commission having regulatory jurisdiction over the debtor may raise and…

Postpetition disclosure and solicitation

— Postpetition disclosure and solicitation (2) “investor typical of holders of claims or interests of the relevant class” means investor having— (A) a claim or…

Modification of plan

— Modification of plan (8) of such section 1123. The plan, as modified under this subsection, becomes the plan only if circumstances warrant the modification…

Impairment of claims or interests

— Impairment of claims or interests (1)(A), compensates the holder of such claim or such interest (other than the debtor or an insider) for any actual…

Powers and duties of committees

— Powers and duties of committees (5) perform such other services as are in the interest of those represented. (d) As soon as practicable after the appointment…

Creditors’ and equity security holders’ committees

— Creditors’ and equity security holders’ committees (1) A committee of creditors appointed under subsection (a) of this section shall ordinarily consist of…

Conversion or dismissal

— Conversion or dismissal (4)(A)— (i) for which there exists a reasonable justification for the act or omission; and (ii) that will be cured within a…

Duties of trustee and examiner

— Duties of trustee and examiner (6) for any year for which the debtor has not filed a tax return required by law, furnish, without personal liability, such…

Who may file a plan

— Who may file a plan (1) may not be extended beyond a date that is 20 months after the date of the order for relief under this chapter. (e) In a small…

Acceptance of plan

— Acceptance of plan (2) if there is not any such law, rule, or regulation, such acceptance or rejection was solicited after disclosure to such holder of…

Confirmation of plan

— Confirmation of plan (6) Any governmental regulatory commission with jurisdiction, after confirmation of the plan, over the rates of the debtor has approved…

Abandonment of railroad line

— Abandonment of railroad line (2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension…

Rolling stock equipment

— Rolling stock equipment (2), under such security agreement, lease, or conditional sale contract— (i) that occurs before the date of commencement of the case…

Modification of plan

— Modification of plan an allowed unsecured claim, to— (1) increase or reduce the amount of payments on claims of a particular class provided for by the plan…

Exemption from securities laws

— Exemption from securities laws (3) the offer or sale, other than under a plan, of a security of an issuer other than the debtor or an affiliate, if— (A) such…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (1) A labor organization shall be, for purposes of this section, the authorized representative of those…

Effect of confirmation

— Effect of confirmation (1) Except as otherwise provided in this subsection, in the plan, or in the order confirming the plan, the confirmation of a plan— (A)…

Confirmation of plan

— Confirmation of plan (2) As of the effective date of the plan— (A) the plan provides that all of the projected disposable income of the debtor to be received…

Duties of trustee or debtor in possession in small business cases

— Duties of trustee or debtor in possession in small business cases (2), timely pay all taxes entitled to administrative expense priority except those being…

Contents of plan

— Contents of plan (5) provide adequate means for the plan’s implementation, such as— (A) retention by the debtor of all or any part of the property of the…

Rejection of collective bargaining agreements

— Rejection of collective bargaining agreements (1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in…

Trustee

— Trustee (6) if there is a claim for a domestic support obligation with respect to the debtor, perform the duties specified in section 704(c) of this title…

Appointment of trustee or examiner

— Appointment of trustee or examiner (1), the United States trustee shall file a report certifying that election. (B) Upon the filing of a report under…

Contents of plan

— Contents of plan (1) In approving an application under subsection (b) of this section, the Board shall require the rail carrier to provide a fair arrangement…

Aircraft equipment and vessels

— Aircraft equipment and vessels (2), under such security agreement, lease, or conditional sale contract— (i) that occurs before the date of the order is cured…

Contents of plan

— Contents of plan (5)(C) of this subsection, of a provision prohibiting the issuance of nonvoting equity securities, and providing, as to the several classes…

Conversion or dismissal

— Conversion or dismissal (4) For purposes of this subsection, the term “cause” includes— (A) substantial or continuing loss to or diminution of the estate and…

Exemption from securities laws

— Exemption from securities laws (2) of this subsection and except with respect to ordinary trading transactions of an entity that is not an issuer, an entity…

Duties of trustee and examiner

— Duties of trustee and examiner (8) of such claim and of the right of such holder to use the services of the State child support enforcement agency…

Rejection of collective bargaining agreements

— Rejection of collective bargaining agreements (2) The court shall rule on such application for rejection within thirty days after the date of the…

Confirmation of plan

— Confirmation of plan (3) of this title, on the effective date of the plan, the holder of such claim will receive on account of such claim cash equal to the…

Rolling stock equipment

— Rolling stock equipment (1) applies to a secured party, lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf of…

Acceptance of plan

— Acceptance of plan of such class is not required. (g) Notwithstanding any other provision of this section, a class is deemed not to have accepted a plan if…

Postpetition disclosure and solicitation

— Postpetition disclosure and solicitation or official may not appeal from, or otherwise seek review of, an order approving a disclosure statement. (e) A…

Confirmation of plan

— Confirmation of plan (2) for the payment of expenditures necessary for the continuation, preservation, or operation of the business of the debtor. (e)…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (1) finds different representation of such persons appropriate, the court, upon a motion by any party in…

Appointment of trustee or examiner

— Appointment of trustee or examiner (2) the debtor’s fixed, liquidated, unsecured debts, other than debts for goods, services, or taxes, or owing to an…

Effect of confirmation

— Effect of confirmation (5) In a case in which the debtor is an individual— (A) unless after notice and a hearing the court orders otherwise for cause…

Aircraft equipment and vessels

— Aircraft equipment and vessels (3) The equipment described in this paragraph— (A) is— (i) an aircraft, aircraft engine, propeller, appliance, or spare part…

Effect of confirmation

— Effect of confirmation (1), the confirmation of a plan does not discharge a debtor that is a corporation from any debt— (A) of a kind specified in paragraph…

Postpetition disclosure and solicitation

— Postpetition disclosure and solicitation (3) (A) the court may conditionally approve a disclosure statement subject to final approval after notice and a…

Confirmation of plan

— Confirmation of plan (8), but for the secured status of that claim, the holder of that claim will receive on account of that claim, cash payments, in the…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (1) Notwithstanding any other provision of this title, the debtor in possession, or the trustee if one has…

Duties of trustee and examiner

— Duties of trustee and examiner (1)(C)(iv) the last known address of the debtor. (B) Notwithstanding any other provision of law, a creditor that makes a…

Contents of plan

— Contents of plan (3) provide for— (A) the settlement or adjustment of any claim or interest belonging to the debtor or to the estate; or (B) the retention…

Aircraft equipment and vessels

— Aircraft equipment and vessels (1) In any case under this chapter, the trustee shall immediately surrender and return to a secured party, lessor, or…

Rolling stock equipment

— Rolling stock equipment (2) the term “security interest” means a purchase-money equipment security interest. (e) With respect to equipment first placed in…

Rejection of collective bargaining agreements

— Rejection of collective bargaining agreements (3) The court may enter such protective orders, consistent with the need of the authorized representative of…

Exemption from securities laws

— Exemption from securities laws (1) of this subsection with respect to an agreement that provides only for— (A) (i) the matching or combining of fractional…

Conversion or dismissal

— Conversion or dismissal condition specified in the plan; and (P) failure of the debtor to pay any domestic support obligation that first becomes payable…

Confirmation of plan

— Confirmation of plan (14) If the debtor is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, the debtor…

Conversion or dismissal

— Conversion or dismissal (1) of section 521(a), including a list containing the names and addresses of the holders of the twenty largest unsecured claims (or…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (3), the representative of the retirees with such relevant information as is necessary to evaluate the…

Confirmation of plan

— Confirmation of plan (8) are met with respect to a plan, the court, on request of the proponent of the plan, shall confirm the plan notwithstanding the…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (2) Any hearing under this subsection shall be scheduled in accordance with the needs of the trustee. (3)…

Confirmation of plan

— Confirmation of plan will not receive or retain under the plan on account of such junior claim or interest any property, except that in a case in which the…

Payment of insurance benefits to retired employees

— Payment of insurance benefits to retired employees (2) was insolvent on the date such benefits were modified; the court, on motion of a party in interest…

Confirmation of plan

— Confirmation of plan (14) of this section. (C) With respect to a class of interests— (i) the plan provides that each holder of an interest of such class…