Changes in § 502.
Allowance of claims or interests
Reduction of Unsecured Claims of Creditors
Refusing to Negotiate
§502(k) allows the reduction of wholly
unsecured claims by 20% if the creditor unreasonably refused
to negotiate with an approved credit counseling agency proposing
payment of 60% of the debt over the period of the loan, or a
reasonable extension. The proposal must have been made at
least 60 days before the filing of the petition.
Other Changes
§502(b)(9) makes tax claims filed
within 60 days after the return was filed timely filed in Chapter
13.
§502(g)(2) adds provision for claims
allowed for the trustee's rejection of securities, etc. agreements.
Text appearing below in blue is the same in
H.R.333 and S.420. Text
in maroon is only in H.R.333. Text in
green is only in S.420. |
11 USC § 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.
(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)
of this title or under the Federal Rules of Bankruptcy Procedure, except
that 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 except that 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 of this title 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 unsecured consumer debts 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 by an approved credit counseling agency described in
section 111 acting on behalf of the debtor;
(B) the offer of the debtor under
subparagraph (A)--
(i) was made at least 60 days before 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).
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