11 U.S.C. § 1172 : US Code - Section 1172: Contents of plan
Search 11 U.S.C. § 1172 : US Code - Section 1172: 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 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.
(b) If, except for the pendency of the case under this chapter,
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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Railroad reorganization