Title 49 — TransportationRelease 119-73

§30120A Recall obligations and bankruptcy of a manufacturer

Title 49 › Subtitle SUBTITLE VI— - MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART A— - GENERAL › Chapter CHAPTER 301— - MOTOR VEHICLE SAFETY › Subchapter SUBCHAPTER II— - STANDARDS AND COMPLIANCE › § 30120A

Last updated Apr 6, 2026|Official source

Summary

Filing for bankruptcy under chapter 7 or chapter 11 of title 11 does not remove a manufacturer's duty to follow section 30112 and sections 30115 through 30120. In bankruptcy those duties count as a United States Government claim under subchapter II of chapter 37 of title 31 and get priority under section 3713(a)(1)(A) despite section 3713(a)(2), and the rule applies to actions taken before or after the filing so consumers remain protected.

Full Legal Text

Title 49, §30120A

Transportation — Source: USLM XML via OLRC

A manufacturer’s filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer’s obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–94 substituted “chapter 7 or chapter 11 of title 11” for “chapter 11 of title 11,”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Reference

Citations & Metadata

Citation

49 U.S.C. § 30120A

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73