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11 U.S.C. § 1305Filing and allowance of postpetition claims

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 192 words · no verdicts yet

in plain englishAI-generated · not legal advice

An entity may file a claim after a bankruptcy case begins for certain taxes or necessary consumer goods and services. The claim is generally handled under section 502, but it must be disallowed if the claimant knew required trustee approval was practicable and did not obtain it.

(a) An entity holding a claim against the debtor may file a proof of claim for (1) taxes that become payable to a government unit while the case is pending, or (2) a consumer debt that arises after the order for relief under this chapter and concerns property or services necessary for the debtor’s performance under the plan. (b) Unless subsection (c) applies, a claim filed under subsection (a) is allowed or disallowed under section 502, determined as of the date it arose. It is allowed under section 502(a), (b), or (c), or disallowed under section 502(d) or (e), in the same way as if it had arisen before the petition was filed. (c) A claim under subsection (a)(2) must be disallowed if the claimant knew or should have known that it was practicable to obtain the trustee’s prior approval for the debtor to incur the obligation and that approval was not obtained.
the actual law source: uscode.house.gov ↗public domain
(a)

A proof of claim may be filed by any entity that holds a claim against the debtor

(1)

for taxes that become payable to a governmental unit while the case is pending; or

(2)

that is a consumer debt, that arises after the date of the order for relief under this chapter, and that is for property or services necessary for the debtor’s performance under the plan.

(b)

Except as provided in subsection (c) of this section, a claim filed under subsection (a) of this section shall be allowed or disallowed under section 502 of this title, but shall be determined as of the date such claim arises, and shall be allowed under section 502(a), 502(b), or 502(c) of this title, or disallowed under section 502(d) or 502(e) of this title, the same as if such claim had arisen before the date of the filing of the petition.

(c)

A claim filed under subsection (a)(2) of this section shall be disallowed if the holder of such claim knew or should have known that prior approval by the trustee of the debtor’s incurring the obligation was practicable and was not obtained.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2647

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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