republic-os/legal/us/code/title-11/chapter-11/section-1171.md

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LegalText	11 U.S.C. § 1171	Priority claims	us	united_states_code	code_section	11	BANKRUPTCY	11	REORGANIZATION	1171	11 U.S.C. § 1171	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip	/us/usc/t11/s1171	data/legal/raw/us/code/title-11/usc11.xml	a8d335df5eb20ce81dc1f181163819d42d56589c15b5173edcbb830ed401caae	49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2	86177856b4e9fcd172dcedb57fdbed5c87490d4af4640280253e01473d8ea4a2	2026-07-04	official	legal us-code

11 U.S.C. § 1171 - Priority claims

Text

(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.)

Notes

Historical and Revision Notes

legislative statementsSection 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.

Editorial Notes

Amendments1984—Subsec. (b). Pub. L. 98–353 substituted “the same” for “such”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 AmendmentAmendment 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.