Laws: Cases and Codes : U.S. Code : Title 11 : Section 1111


   
U.S. Code as of: 01/19/04
Section 1111. Claims and interests

      (a) A proof of claim or interest is deemed filed under section
    501 of this title for any claim or interest that appears in the
    schedules filed under section 521(1) or 1106(a)(2) of this title,
    except a claim or interest that is scheduled as disputed,
    contingent, or unliquidated.
      (b)(1)(A) A claim secured by a lien on property of the estate
    shall be allowed or disallowed under section 502 of this title the
    same as if the holder of such claim had recourse against the debtor
    on account of such claim, whether or not such holder has such
    recourse, unless - 
        (i) the class of which such claim is a part elects, by at least
      two-thirds in amount and more than half in number of allowed
      claims of such class, application of paragraph (2) of this
      subsection; or
        (ii) such holder does not have such recourse and such property
      is sold under section 363 of this title or is to be sold under
      the plan.

      (B) A class of claims may not elect application of paragraph (2)
    of this subsection if - 
        (i) the interest on account of such claims of the holders of
      such claims in such property is of inconsequential value; or
        (ii) the holder of a claim of such class has recourse against
      the debtor on account of such claim and such property is sold
      under section 363 of this title or is to be sold under the plan.

      (2) If such an election is made, then notwithstanding section
    506(a) of this title, such claim is a secured claim to the extent
    that such claim is allowed.



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