Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 13– ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

Sub Chapter – Officers, Administration and the Estate

Sec. 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.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 348, 1322, 1328 of this 
title.

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