(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 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 an unsecured
consumer debt 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 on behalf of the
debtor by an approved nonprofit
budget and credit counseling agency described in section
111;
(B) the offer of the
debtor under subparagraph
(A)—
(i) was made at least
60 days before the date of 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).
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2579; Pub.
L. 98-353, title III, § 445, July 10, 1984, 98 Stat.
373; Pub. L. 99-554, title II, § 257(j), 283(f), Oct. 27,
1986, 100 Stat. 3115, 3117; Pub. L.
103-394, title II, § 213(a), title III, § 304(h)(1),
Oct. 22, 1994, 108 Stat. 4125, 4134; Pub. L.
109-8, Title II, Subtitle A, §
201(a), Title VII, §
716(d), Title IX, §
910(b), April 20, 2005, 119 Stat. 42, 130, 184.)
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