Doney & Associates PLC Home Page
 Doney & Associates PLC 
www.doney.net
480-968-3100

Conditions of use · Every effort has been made to reproduce the code accurately.  However there could be errors which would change the effect of the code.  Permission to use these materials is given only on the condition that the user will be solely responsible for verifying the accuracy of the information contained herein.x

Text size · You may adjust the size of the text from your browser's control bar: View, Text Size.

Printing · If the top menu bar stays at the top of the window as you scroll in your browser, return the browser to the top of the page before printing or the menu bar may obscure some text.  You may print selected pages of the web page by printing from File, Page Preview instead of Print.  More printing tips.

Annotations · We have added notes linking to cases and other information to some sections of the code.  You may chose to or the annotations.

Redline Display · The Bankruptcy Code shown is as amended by The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. You may choose to or the redline version showing the changes made by the act.

Link to the Code · You may link your web page directly to this version of the code, or to any subsection.  More link information.


TITLE 11.  BANKRUPTCY  ·  UNITED STATES CODE

Chapter 13.  Adjustment of Debts of an Individual with Regular Income

Subchapter I.  Officers, Administration, and the Estate

11 USC § 1305.  Filing and allowance of postpetition claims

(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.

[Rev. 5-26-05]