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2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 1174 Liquidation us united_states_code code_section 11 BANKRUPTCY 11 REORGANIZATION 1174 11 U.S.C. § 1174 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/s1174 data/legal/raw/us/code/title-11/usc11.xml 36c3c970172fff040f70a83b9ba936cc00dea93c456b8c77dd9451a87a17cad4 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 7940eb0e6763fc7424d233e48bb8765be3c174a383c3392eaca697f7ede3683e 2026-07-04 official
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11 U.S.C. § 1174 - Liquidation

Text

On request of a party in interest and after notice and a hearing, the court may, or, if a plan has not been confirmed under section 1173 of this title before five years after the date of the order for relief, the court shall, order the trustee to cease the debtors operation and to collect and reduce to money all of the property of the estate in the same manner as if the case were a case under chapter 7 of this title.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2644.)

Notes

Historical and Revision Notes

legislative statementsSection 1174 of the House amendment represents a compromise between the House bill and Senate amendment on the issue of liquidation of a railroad. The provision permits a party in interest at any time to request liquidation. In addition, if a plan has not been confirmed under section 1173 of the House amendment before 5 years after the date of order for relief, the court must order the trustee to cease the debtors operation and to collect and reduce to money all of the property of the estate in the same manner as if the case were a case under chapter 7 of title 11. The approach differs from the conversion to chapter 7 under section 1174 of the Senate bill in order to make special provisions contained in subchapter IV of chapter 11 applicable to liquidation. However, maintaining liquidation in the context of chapter 11 is not intended to delay liquidation of the railroad to a different extent than if the case were converted to chapter 7. Although the House amendment does not adopt provisions contained in sections 1170(1), (2), (3), or (5), of the Senate amendment such provisions are contained explicitly or implicitly in section 1123 of the House amendment.

senate report no. 95989Section 1174 permits the court to convert the case to a liquidation under chapter 7 if the court finds that the debtor cannot be reorganized, or if various time limits specified in the subchapter are not met. Section 77 [section 205 of former title 11] does not authorize a liquidation of a railroad under the Bankruptcy Act [former title 11]. If the railroad is not reorganizable, the only action open to the court is to dismiss the petition, which would in all likelihood be followed by a State court receivership, with all of its attendant disadvantages. If reorganization is impossible, the debtor should be liquidated under the Bankruptcy Act.