Section 1172 - Content of Plan

Title 11 of the United States Code - Bankruptcy

Content of Plan –Section 1172
11 USCS § 1172

(a) In addition to the provisions required or permitted under section 1123 of this title [11 USCS § 1123], a plan--
   (1) shall specify the extent to and the means by which the debtor's rail service is proposed to be continued, and the extent to which any of the debtor's rail service is proposed to be terminated; and
   (2) may include a provision for--
      (A) the transfer of any or all of the operating railroad lines of the debtor to another operating railroad; or
      (B) abandonment of any railroad line in accordance with section 1170 of this title [11 USCS § 1170].
(b) If, except for the pendency of the case under this chapter [11 USCS §§ 1101 et seq.], transfer of, or operation of or over, any of the debtor's rail lines by an entity other than the debtor or a successor to the debtor under the plan would require approval by the Board under a law of the United States, then a plan may not propose such a transfer or such operation unless the proponent of the plan initiates an appropriate application for such a transfer or such operation with the Board and, within such time as the court may fix, not exceeding 180 days, the Board, with or without a hearing, as the Board may determine, and with or without modification or condition, approves such application, or does not act on such application. Any action or order of the Board approving, modifying, conditioning, or disapproving such application is subject to review by the court only under sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5.
(c) (1) In approving an application under subsection (b) of this section, the Board 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.
   (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.

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