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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-07-25
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/* Chapter 5 of the bankruptcy code follows. This section refers
to the rights of creditors and debtors in Chapters 7,11, 12 and
13 (with some exceptions.) */
SUBCHAPTER I
Creditors and Claims
SECTION 501 (11 U.S.C. 501)
501. Filing of proofs of claims or interests.
(a) A creditor or an indenture trustee may file a
proof of claim. An equity security holder may file a proof
of interest.
(b) If a creditor does not timely file a proof of such
creditor's claim, an entity that is liable to such creditor
with the debtor, or that has secured such creditor, may file
a proof of such claim.
(c) If a creditor does not timely file a proof of such
creditor's claim, the debtor or the trustee may file a proof
of such claim.
(d) A claim of a kind specified in section 502(e)(2),
502(f), 502(g), 502(h) or 502(i) of this title may be filed
under subsection (a), (b), or (c) of this section the same
as if such claim were a claim against the debtor and had
arisen before the date of the filing of the petition.
SECTION 502. (11 U.S.C. 502)
502. Allowance of claims or interests.
(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.
/* The general rule stated here is that claims, unless objected
to are allowed. */
(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; or
(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.
(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 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) 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.
(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), 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)(7) 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 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