Laws: Cases and Codes : U.S. Code : Title 11 : Section 1305


   
U.S. Code as of: 01/19/04
Section 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.



Previous [Notes] Next

Related Resources

Bankruptcy Law Guide

Bankruptcy Articles and Documents

Bankruptcy Forms

Bankruptcy Discussion

Ads by FindLaw