Section 1170 - Abandonment of Railroad Line


Title 11 of the United States Code - Bankruptcy
REORGANIZATION – CHAPTER 11


Abandonment of Railroad Line –Section 1170
11 USCS § 1170



(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 [11 USCS §§ 1101 et seq.], such abandonment would require approval by the Board under a law of the United States, the trustee shall initiate an appropriate 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 abandonment, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing.
 
(d) (1) Enforcement of an order authorizing such abandonment shall be stayed until the time for taking an appeal has expired, or, if an appeal is timely taken, until such order has become final.
   (2) If an order authorizing such abandonment is appealed, the court, on request of a party in interest, may authorize suspension of service on a line or a portion of a line pending the determination of such appeal, after notice to the Board, the Secretary of Transportation, the trustee, any party in interest that has requested notice, any affected shipper or community, and any other entity prescribed by the court, and a hearing. An appellant may not obtain a stay of the enforcement of an order authorizing such suspension by the giving of a supersedeas bond or otherwise, during the pendency of such appeal.
 
(e) (1) In authorizing any abandonment of a railroad line under this section, the court shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees as that established under section 11326(a) of title 49 [49 USCS § 11326(a)].
   (2) Nothing in this subsection shall be deemed to affect the priorities or timing of payment of employee protection which might have existed in the absence of this subsection.

Title 11, the United States Bankruptcy Code, is a valuable resource for anyone in search of bankruptcy information, clarity on its various sections and descriptions of chapters of bankruptcy.  Sagaria Law has uploaded the US bankruptcy code on our website to make it accessible to our bankruptcy clients and bankruptcy website visitors.  We hope that you will take advantage of its easy layout and the fact that you cannot find it many places on the web other than here and a few government or University websites.
At our Roseville bankruptcy firm, we serve the greater Placer County community with any and all bankruptcy services and assistance.  Our Roseville bankruptcy attorneys remain available to you throughout every step of your bankruptcy.  Experience the Sagaria Law difference by visiting our Roseville office, or any of our 10 bankruptcy office locations throughout California and Oregon.  We look forward to serving you!

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)









Motivation Bills Assets Budget

What bills do you have? (select all that apply)








Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?


Do you own an automobile ?
If Yes , are you behind in these payments?


Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)






$
Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460