11-U.S.C.-1171
§1171 – Priority Claims
Pathway
Title 11 > Chapter 11 > Subchapter IV > Section 1171
Details
- Reference: Section 1171
- Legend: §1171 – Priority Claims
- USCode Year: 2013
Provision Content
(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.
Amendments
1984—Subsec. (b). Pub. L. 98–353 substituted the same for such.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.
U.S. Encyclopedia of Law Coverage
11-U.S.C.-1146 in the Legal Encyclopedia: Bankruptcy
In this entry about 11-U.S.C.-1146, find legal reference material, bibliographies and premiere content related to bankruptcy in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy-specific issues, written by authorities in the field.
11-U.S.C.-1124 in the Legal Encyclopedia: Bankruptcy Reorganization
In this entry about 11-U.S.C.-1124, find legal reference material, bibliographies and premiere content related to bankruptcy reorganization in the American Encyclopedia of Law, presenting a comprehensive view of the United States bankruptcy reorganization-specific issues, written by authorities in the field.
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