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

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section502&num=0&edition=prelim), 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.

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Source location: Title 11, Chapter 13, § 1305; chapter-013-adjustment-of-debts-of-an-individual-with-regular-income.md

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** A claim or interest, proof of which is filed under [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section523/a/5&num=0&edition=prelim); (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 remainin

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1322 — Contents of plan

**(a)** The plan— (1) shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan; (2) shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under [section 507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507&num=0&edition=prelim), unless the holder of a particular claim agrees to a different treatment of such claim; (3) if the plan classifies claims, shall provide the same treatment for each claim within a particular class; and (4) notwithstanding any other provision of this section, may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor’s projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan. **(b)** Subject to subsections (a) and (c) of this section, the plan may— (1) designate a class or classes of unsecured claims, as provided in [section 1122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1122&num=0&edition=prelim), but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims; (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffe

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 311 TITLE 11—BANKRUPTCY § 1306 HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 1304(b) of the House amendment adopts the approach taken in the comparable section of the Sen- ate amendment as preferable to the position taken in the House bill. SENATE REPORT NO. 95–989 Increased access to the simpler, speedier, and less ex- pensive debtor relief provisions of chapter 13 is accom- plished by permitting debtors engaged in business to proceed under chapter 13, provided their income is suf- ficiently stable and regular to permit compliance with a chapter 13 plan [section 101(24)] and that the debtor (or the debtor and spouse) do not owe liquidated, non- contingent unsecured debts of $50,000, or liquidated, noncontingent secured debts of $200,000 (§ 109(d)). Section 1304(a) states that a self-employed individual who incurs trade credit in the production of income is a debtor engaged in business. Subsection (b) empowers a chapter 13 debtor engaged in business to operate his business, subject to the rights, powers and limitations that pertain to a trustee under sections 363(c) and 364 of title 11, and subject to such further limitations and conditions as the court may prescribe. Subsection (c) requires a chapter 13 debtor engaged in business to file with the court certain financial state- ments relating to the operation of the business. Editorial Notes AMENDMENTS 2010—Subsec. (c). Pub. L. 111–327 substituted ‘‘704(a)(8)’’ for ‘‘704(8)’’. 1984—Subsec. (b). Pub. L. 98–353, § 526, struck out the comma after ‘‘of the debtor’’. Subsec. (c). Pub. L. 98–353, § 311(b)(2), substituted ‘‘section 704(8)’’ for ‘‘section 704(7)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353 effective

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