Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

The Center For Debt Management
Center4DebtManagement.com ... Always open 24 / 7

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources



TITLE 11–BANKRUPTCY

CHAPTER 5–CREDITORS, THE DEBTOR, AND THE ESTATE

Sub Chapter – Creditors and Claims

Sec. 509. Claims of codebtors

  (a) Except as provided in subsection (b) or (c) of this section, an 
entity that is liable with the debtor on, or that has secured, a claim 
of a creditor against the debtor, and that pays such claim, is 
subrogated to the rights of such creditor to the extent of such payment.
    (b) Such entity is not subrogated to the rights of such creditor to 
the extent that--
        (1) a claim of such entity for reimbursement or contribution on 
    account of such payment of such creditor's claim is--
            (A) allowed under section 502 of this title;
            (B) disallowed other than under section 502(e) of this 
        title; or
            (C) subordinated under section 510 of this title; or

        (2) as between the debtor and such entity, such entity received 
    the consideration for the claim held by such creditor.

    (c) The court shall subordinate to the claim of a creditor and for 
the benefit of such creditor an allowed claim, by way of subrogation 
under this section, or for reimbursement or contribution, of an entity 
that is liable with the debtor on, or that has secured, such creditor's 
claim, until such creditor's claim is paid in full, either through 
payments under this title or otherwise.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2585; Pub. L. 98-353, title III, 
Sec. 450, July 10, 1984, 98 Stat. 375.)


                      Historical and Revision Notes

                         legislative statements

    Section 509 of the House amendment represents a substantial revision 
of provisions contained in H.R. 8200 as passed by the House and in the 
Senate amendment. Section 509(a) states a general rule that a surety or 
co-debtor is subrogated to the rights of a creditor assured by the 
surety or co-debtor to the extent the surety or co-debtor pays such 
creditor. Section 509(b) states a general exception indicating that 
subrogation is not granted to the extent that a claim of a surety or co-
debtor for reimbursement or contribution is allowed under section 502 or 
disallowed other than under section 502(e). Additionally, section 
509(b)(1)(C) provides that such claims for subrogation are subordinated 
to the extent that a claim of the surety or co-debtor for reimbursement 
or contribution is subordinated under section 510(a)(1) or 510(b). 
Section 509(b)(2) reiterates the well-known rule that prevents a debtor 
that is ultimately liable on the debt from recovering from a surety or a 
co-debtor. Although the language in section 509(b)(2) focuses in terms 
of receipt of consideration, legislative history appearing elsewhere 
indicates that an agreement to share liabilities should prevail over an 
agreement to share profits throughout title 11. This is particularly 
important in the context of co-debtors who are partners. Section 509(c) 
subordinates the claim of a surety or co-debtor to the claim of an 
assured creditor until the creditor's claim is paid in full.


                        senate report no. 95-989

    Section 509 deals with codebtors generally, and is in addition to 
the disallowance provision in section 502(e). This section is based on 
the notion that the only rights available to a surety, guarantor, or 
comaker are contribution, reimbursement, and subrogation. The right that 
applies in a particular situation will depend on the agreement between 
the debtor and the codebtor, and on whether and how payment was made by 
the codebtor to the creditor. The claim of a surety or codebtor for 
contribution or reimbursement is discharged even if the claim is never 
filed, as is any claim for subrogation even if the surety or codebtor 
chooses to file a claim for contribution or reimbursement instead.
    Subsection (a) subrogates the codebtor (whether as a codebtor, 
surety, or guarantor) to the rights of the creditor, to the extent of 
any payment made by the codebtor to the creditor. Whether the creditor's 
claim was filed under section 501(a) or 501(b) is irrelevant. The right 
of subrogation will exist even if the primary creditor's claim is 
allowed by virtue of being listed under proposed 11 U.S.C. 924 or 1111, 
and not by reason of a proof of claim.
    Subsection (b) permits a subrogated codebtor to receive payments in 
the bankruptcy case only if the creditor has been paid in full, either 
through payments under the bankruptcy code or otherwise.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-353, Sec. 450(a), substituted 
``subsection (b) or'' for ``subsections (b) and'', and inserted 
``against the debtor'' after ``a creditor''.
    Subsec. (b)(1). Pub. L. 98-353, Sec. 450(b), substituted ``of such'' 
for ``of a'' after ``account''.
    Subsec. (c). Pub. L. 98-353, Sec. 450(c), substituted ``this 
section'' for ``section 509 of this title''.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-353 effective with respect to cases filed 90 
days after July 10, 1984, see section 552(a) of Pub. L. 98-353, set out 
as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 502, 901 of this title.



Back Index Next

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

Go to Index of Related Articles and Resources!

Click Below To Check Out More Financial Resources

Return to Top

The Center For Debt Management™

Helping Consumers Save Money and Reduce Debt Is Our Only Business!™

We invite you to explore the sectors listed below. We promise that you'll find exceptional values, offers and resources in which to reduce your living expenses and to enjoy life!


Debt Management and Financial Services! The Internet's oldest and most comprehensive debt management agency! Resources for debt management, consumer credit counseling, debt consolidation, debt reduction settlements, legal aid, financial aid, loans and financing, credit repair, credit reports, insurance quotes, income sources, tax assistance, and more.

Established in 1989 and serving the online community since 1992!


This site was created and designed by Daniel A. Gelinas
Disclaimer and Privacy Policy      © Copyright  2007 "The Center For Debt Management"      Contact Us
Return to Top

Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software