§ 1305. Filing and allowance of postpetition claims
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/usc/title-11/section-1305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647.)
Historical and Revision Notes
legislative statements
Section 1305(a)(2) of the House amendment modifies similar provisions contained in the House and Senate bills by restricting application of the paragraph to a consumer debt. Debts of the debtor that are not consumer debts should not be subjected to section 1305(c) or section 1328(d) of the House amendment.
Section 1305(b) of the House amendment represents a technical modification of similar provisions contained in the House bill and Senate amendment.
The House amendment deletes section 1305(d) of the Senate amendment as unnecessary. Section 502(b)(1) is sufficient to disallow any claim to the extent the claim represents the usurious interest or any other charge forbidden by applicable law. It is anticipated that the Rules of Bankruptcy Procedure may require a creditor filing a proof of claim in a case under chapter 13 to include an affirmative statement as contemplated by section 1305(d) of the Senate amendment.
senate report no. 95–989
Section 1305, exclusively applicable in chapter 13 cases, supplements the provisions of sections 501–511 of title 11, dealing with the filing and allowance of claims. Sections 501–511 apply in chapter 13 cases by virtue of section 103(a) of this title. Section 1305(a) provides for the filing of a proof of claim for taxes and other obligations incurred after the filing of the chapter 13 case. Subsection
(b)prescribes that section 502 of title 11 governs the allowance of section 1305(a) claims, except that its standards shall be applied as of the date of allowance of the claim, rather than the date of filing of the petition. Subsection
(c)requires the disallowance of a postpetition claim for property or services necessary for the debtor’s performance under the plan, if the holder of the claim knew or should have known that prior approval by the trustee of the debtor’s incurring of the obligation was practicable and was not obtained.
house report no. 95–595
Subsection
(a)permits the filing of a proof of a claim against the debtor that is for taxes that become payable to a governmental unit while the case is pending, or that arises after the date of the filing of the petition for property or services that are necessary for the debtor’s performance under the plan, such as auto repairs in order that the debtor will be able to get to work, or medical bills. The effect of the latter provision, in paragraph (2), is to treat postpetition credit extended to a chapter 13 debtor the same as a prepetition claim for purposes of allowance, distribution, and so on.
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IRM
- IRM 5.9.1Overview of Bankruptcy
- IRM 5.9.17Closing a Bankruptcy Case
- IRM 5.9.4Common Bankruptcy Issues
- IRM 4.27.1Examiner Responsibilities and Procedures
- IRM 8.7.6Appeals Bankruptcy Cases
- IRM 5.9.15Payments in Bankruptcy
- IRM 5.17.11Chapter 13 Bankruptcy (Individuals with Regular Income) and Chapter 12 Bankruptcy (Family Farmers or Fishermen with Regular Income)
- IRM 5.17.8General Provisions of Bankruptcy
- IRM 20.2.11Miscellaneous Interest Provisions
- IRM 5.9.13Manual Proofs of Claim and Common Claim Issues
- IRM 5.9.10Processing Chapter 13 Bankruptcy Cases
- IRM 4.31.7TEFRA Bankruptcy
- IRM 5.9.19Insolvency Disclosure and Telephone Procedures
- IRM 5.9.9Processing Chapter 12 Bankruptcy Cases
- IRM 5.9.2The Bankruptcy Code and Collection
- IRM 5.9.18Automated Discharge System (ADS)
Traces to 2 documents
2 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2647
Citation graph
cites case law
§ 1305
Filing and allowance of postpetition claims
IRM×100
U.S.C.×2
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2647
Cites 4Cited by 103 across 3 sources