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11 U.S.C. § 502Allowance of claims or interests

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 1,601 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells bankruptcy courts how to decide which claims against a debtor's estate count as valid. A claim is automatically allowed unless someone objects, and if there's an objection, the court checks it against a list of reasons to disallow or reduce it. It also covers estimating unclear claims and reconsidering claims later.

(a) A claim or interest is automatically allowed once someone files proof of it, unless a party with a stake in the case — including a creditor of a general partner in a Chapter 7 partnership case — objects. (b) If someone does object, the court must decide, after notice and a hearing, how much the claim is worth in U.S. dollars as of the date the bankruptcy petition was filed, and must allow the claim at that amount, unless one of these applies: (1) the claim can't legally be enforced against the debtor or the debtor's property, for a reason other than that it's contingent or not yet due; (2) the claim is for interest that hasn't come due yet; (3) it's a tax claim on estate property worth more than the property itself; (4) it's for an insider's or the debtor's attorney's services, and asks for more than those services were reasonably worth; (5) it's an unmatured debt that would be excused from discharge under section 523(a)(5); (6) it's a landlord's claim for damages from ending a real-estate lease early, and it exceeds a cap — work out the cap by starting with the rent due under the lease (not accelerated) for one year, or 15% of the remaining lease term (whichever is greater, but never more than three years), counted from whichever came first: the petition-filing date or the date the landlord took back the property (or the tenant gave it up); then add any unpaid rent already owed as of that earlier date — anything above that total is disallowed; (7) it's an employee's claim for damages from an employment contract ending early, and it exceeds a similar cap: one year of contract pay (not accelerated) from the earlier of the petition date or the date employment ended, plus unpaid compensation already owed as of that earlier date; (8) the claim is for a reduced tax credit caused by late payment of employment taxes; or (9) the proof of claim wasn't filed on time — except that (A) a government's claim is timely if filed within 180 days after the order for relief, or later as bankruptcy rules allow, and (B) in a Chapter 13 case, a government's tax claim tied to a return filed under section 1308 is timely if filed within 60 days after that return was filed. (c) The court must estimate the value of: (1) a contingent or unliquidated claim, if fixing its exact amount would unreasonably delay the case; or (2) a right to payment arising from an equitable remedy for breach of performance. (d) The court must disallow a claim by anyone who owes property back to the estate under sections 542, 543, 550, or 553, or who received a transfer that could be undone under sections 522(f), 522(h), 544, 545, 547, 548, 549, or 724(a) — unless they've already paid back or returned what they owe. (e)(1) The court must disallow a claim for reimbursement or contribution from someone jointly liable with the debtor, or who secured a creditor's claim, if: (A) the creditor's own claim is disallowed; (B) the reimbursement claim is still contingent when it's being decided; or (C) that entity instead claims subrogation rights under section 509. (2) If such a reimbursement claim becomes fixed after the case starts, it's decided the same way as if it had existed before the petition was filed. (f) In an involuntary bankruptcy case, a claim from the debtor's ordinary business dealings that arises after the case starts but before a trustee is appointed or an order for relief is entered is judged as of the date it arose, using the same allow/disallow rules as if it existed before the petition. (g)(1) A claim from rejecting an unassumed contract or lease — under section 365, or under a Chapter 9, 11, 12, or 13 plan — is treated as if it arose before the petition was filed. (2) The same treatment applies to damages calculated under section 562. (h) A claim from recovering property under sections 522, 550, or 553 is likewise treated as if it arose before the petition. (i) A claim for a tax with priority under section 507(a)(8) that doesn't arise until after the case starts is also treated as if it arose before the petition. (j) An allowed or disallowed claim can be reconsidered for good cause, and reallowed or redisallowed based on the fairness of the case. Reconsidering a claim doesn't undo payments already properly made to other claim holders on their own allowed claims. But if the reconsidered claim is allowed and belongs to the same class as those other claims, its holder doesn't get more payments until they catch up proportionally with what the others already received. None of this limits the trustee's right to recover any overpayment made to a creditor. (k)(1) The court, if the debtor asks and after a hearing, may cut a claim based entirely on unsecured consumer debt by up to 20%, if: (A) the creditor unreasonably refused a reasonable repayment plan the debtor proposed through an approved nonprofit credit-counseling agency; (B) the debtor's offer was made at least 60 days before filing, and offered to pay at least 60% of the debt over the loan's term or a reasonable extension; and (C) none of the debt under that proposed plan would have survived bankruptcy anyway. (2) The debtor must prove, with clear and convincing evidence, that the creditor unreasonably refused the proposal, and that it was made before that 60-day deadline.
the actual law source: uscode.house.gov ↗public domain
(a)

A claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest, including a creditor of a general partner in a partnership that is a debtor in a case under chapter 7 of this title, objects.

(b)

Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—

(1)

such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;

(2)

such claim is for unmatured interest;

(3)

if such claim is for a tax assessed against property of the estate, such claim exceeds the value of the interest of the estate in such property;

(4)

if such claim is for services of an insider or attorney of the debtor, such claim exceeds the reasonable value of such services;

(5)

such claim is for a debt that is unmatured on the date of the filing of the petition and that is excepted from discharge under section 523(a)(5) of this title;

(6)

if such claim is the claim of a lessor for damages resulting from the termination of a lease of real property, such claim exceeds—

(A)

the rent reserved by such lease, without acceleration, for the greater of one year, or 15 percent, not to exceed three years, of the remaining term of such lease, following the earlier of—

(i)

the date of the filing of the petition; and

(ii)

the date on which such lessor repossessed, or the lessee surrendered, the leased property; plus

(B)

any unpaid rent due under such lease, without acceleration, on the earlier of such dates;

(7)

if such claim is the claim of an employee for damages resulting from the termination of an employment contract, such claim exceeds—

(A)

the compensation provided by such contract, without acceleration, for one year following the earlier of—

(i)

the date of the filing of the petition; or

(ii)

the date on which the employer directed the employee to terminate, or such employee terminated, performance under such contract; plus

(B)

any unpaid compensation due under such contract, without acceleration, on the earlier of such dates;

(8)

such claim results from a reduction, due to late payment, in the amount of an otherwise applicable credit available to the debtor in connection with an employment tax on wages, salaries, or commissions earned from the debtor; or

(9)

proof of such claim is not timely filed, except to the extent tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) or under the Federal Rules of Bankruptcy Procedure, except that—

(A)

a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide; and

(B)

in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if the claim is filed on or before the date that is 60 days after the date on which such return was filed as required.

(c)

There shall be estimated for purpose of allowance under this section—

(1)

any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the case; or

(2)

any right to payment arising from a right to an equitable remedy for breach of performance.

(d)

Notwithstanding subsections (a) and (b) of this section, the court shall disallow any claim of any entity from which property is recoverable under section 542, 543, 550, or 553 of this title or that is a transferee of a transfer avoidable under section 522(f), 522(h), 544, 545, 547, 548, 549, or 724(a) of this title, unless such entity or transferee has paid the amount, or turned over any such property, for which such entity or transferee is liable under section 522(i), 542, 543, 550, or 553 of this title.

(e)
(1)

Notwithstanding subsections (a), (b), and (c) of this section and paragraph (2) of this subsection, the court shall disallow any claim for reimbursement or contribution of an entity that is liable with the debtor on or has secured the claim of a creditor, to the extent that—

(A)

such creditor’s claim against the estate is disallowed;

(B)

such claim for reimbursement or contribution is contingent as of the time of allowance or disallowance of such claim for reimbursement or contribution; or

(C)

such entity asserts a right of subrogation to the rights of such creditor under section 509 of this title.

(2)

A claim for reimbursement or contribution of such an entity that becomes fixed after the commencement of the case shall be determined, and shall be allowed under subsection (a), (b), or (c) of this section, or disallowed under subsection (d) of this section, the same as if such claim had become fixed before the date of the filing of the petition.

(f)

In an involuntary case, a claim arising in the ordinary course of the debtor’s business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee and the order for relief shall be determined as of the date such claim arises, and shall be allowed under subsection (a), (b), or (c) of this section or disallowed under subsection (d) or (e) of this section, the same as if such claim had arisen before the date of the filing of the petition.

(g)
(1)

A claim arising from the rejection, under section 365 of this title or under a plan under chapter 9, 11, 12, or 13 of this title, of an executory contract or unexpired lease of the debtor that has not been assumed shall be determined, and shall be allowed under subsection (a), (b), or (c) of this section or disallowed under subsection (d) or (e) of this section, the same as if such claim had arisen before the date of the filing of the petition.

(2)

A claim for damages calculated in accordance with section 562 shall be allowed under subsection (a), (b), or (c), or disallowed under subsection (d) or (e), as if such claim had arisen before the date of the filing of the petition.

(h)

A claim arising from the recovery of property under section 522, 550, or 553 of this title shall be determined, and shall be allowed under subsection (a), (b), or (c) of this section, or disallowed under subsection (d) or (e) of this section, the same as if such claim had arisen before the date of the filing of the petition.

(i)

A claim that does not arise until after the commencement of the case for a tax entitled to priority under section 507(a)(8) of this title shall be determined, and shall be allowed under subsection (a), (b), or (c) of this section, or disallowed under subsection (d) or (e) of this section, the same as if such claim had arisen before the date of the filing of the petition.

(j)

A claim that has been allowed or disallowed may be reconsidered for cause. A reconsidered claim may be allowed or disallowed according to the equities of the case. Reconsideration of a claim under this subsection does not affect the validity of any payment or transfer from the estate made to a holder of an allowed claim on account of such allowed claim that is not reconsidered, but if a reconsidered claim is allowed and is of the same class as such holder’s claim, such holder may not receive any additional payment or transfer from the estate on account of such holder’s allowed claim until the holder of such reconsidered and allowed claim receives payment on account of such claim proportionate in value to that already received by such other holder. This subsection does not alter or modify the trustee’s right to recover from a creditor any excess payment or transfer made to such creditor.

(k)
(1)

The court, on the motion of the debtor and after a hearing, may reduce a claim filed under this section based in whole on an unsecured consumer debt by not more than 20 percent of the claim, if—

(A)

the claim was filed by a creditor who unreasonably refused to negotiate a reasonable alternative repayment schedule proposed on behalf of the debtor by an approved nonprofit budget and credit counseling agency described in section 111;

(B)

the offer of the debtor under subparagraph (A)—

(i)

was made at least 60 days before the date of the filing of the petition; and

(ii)

provided for payment of at least 60 percent of the amount of the debt over a period not to exceed the repayment period of the loan, or a reasonable extension thereof; and

(C)

no part of the debt under the alternative repayment schedule is nondischargeable.

(2)

The debtor shall have the burden of proving, by clear and convincing evidence, that—

(A)

the creditor unreasonably refused to consider the debtor’s proposal; and

(B)

the proposed alternative repayment schedule was made prior to expiration of the 60-day period specified in paragraph (1)(B)(i).

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2579; Pub. L. 98–353, title III, § 445, July 10, 1984, 98 Stat. 373; Pub. L. 99–554, title II, §§ 257(j), 283(f), Oct. 27, 1986, 100 Stat. 3115, 3117; Pub. L. 103–394, title II, § 213(a), title III, § 304(h)(1), Oct. 22, 1994, 108 Stat. 4125, 4134; Pub. L. 109–8, title II, § 201(a), title VII, § 716(d), title IX, § 910(b), Apr. 20, 2005, 119 Stat. 42, 130, 184; Pub. L. 116–260, div. FF, title X, § 1001(d)(2), (3)(B), Dec. 27, 2020, 134 Stat. 3218.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2579
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 373
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3115, 3117
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4125, 4134
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 42, 130, 184
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3218

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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