§ 1171. Priority claims
412 words·~2 min read·
/usc/title-11/section-1171A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)There shall be paid as an administrative expense any claim of an individual or of the personal representative of a deceased individual against the debtor or the estate, for personal injury to or death of such individual arising out of the operation of the debtor or the estate, whether such claim arose before or after the commencement of the case.
(b)Any unsecured claim against the debtor that would have been entitled to priority if a receiver in equity of the property of the debtor had been appointed by a Federal court on the date of the order for relief under this title shall be entitled to the same priority in the case under this chapter.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2643; Pub. L. 98–353, title III, § 522, July 10, 1984, 98 Stat. 388.)
Historical and Revision Notes
legislative statements
Section 1171 of the House amendment is derived from section 1170 of the House bill in lieu of section 1173(a)(9) of the Senate amendment.
house report no. 95–595
[Section 1170] This section [enacted as section 1171] is derived from current law. Subsection
(a)grants an administrative expense priority to the claim of any individual (or of the personal representative of a deceased individual) against the debtor or the estate for personal injury to or death of the individual arising out of the operation of the debtor railroad or the estate, whether the claim arose before or after commencement of the case. The priority under current law, found in section 77(n) [section 205(n) of former title 11], applies only to employees of the debtor. This subsection expands the protection provided.
Subsection
(b)follows present section 77(b) of the Bankruptcy Act [section 205(b) of former title 11] by giving priority to any unsecured claims that would be entitled to priority if a receiver in equity of the property of the debtor had been appointed by a Federal court on the date of the order for relief under the bankruptcy laws. As under current law, the courts will determine the precise contours of the priority recognized by this subsection in each case.
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U.S. Code
6 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2643
- Pub. L. 98–353, title III, § 522
- 98 Stat. 388
- Pub. L. 98–353
- section 552(a) of Pub. L. 98–353
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cites case law
§ 1171
Priority claims
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2643
Pub. L.Pub. L. 98–353, title III, § 522
Stat.98 Stat. 388
Pub. L.Pub. L. 98–353
Cites 7 · showing 6Cited by 1 across 1 source