11 U.S.C. § 1169
11 U.S.C. § 1169
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTSSection 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. 95-989Section 1177 [enacted as section 1169] continues, essentially 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 lawfully 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 operate the line.Subsection (b) excuses the lessor from the requirement 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 operation of the line for the account of the lessor until abandonment is ordered under section 1169, governing abandonments generally, or until the operation is otherwise 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 before abandonment.
EDITORIAL NOTES
AMENDMENTS1984-Subsec. (c). 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-Subsec. (c). Pub. L. 97-449 substituted "subtitle IV of title 49" for "the Interstate Commerce Act ( 49 U.S.C. § 1 et seq.)".
- debtor
- The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
- railroad
- The term "railroad" means common carrier by railroad engaged in the transportation of individuals or property or owner of trackage facilities leased by such a common carrier.