United States Code

of such lease and any renewal or extension of such term that is enforceable by such lessee under applicable nonbankruptcy law."

Subsec. (h)(2). Pub. L. 98-353, § 403, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If such lessee remains in possession, such lessee may offset against the rent reserved under such lease for the balance of the term after the date of the rejection of such lease, and any such renewal or extension, any damages occurring after such date caused by the nonperformance of any obligation of the debtor after such date, but such lessee does not have any rights against the estate on account of any damages arising after such date from such rejection, other than such offset."

Subsec. (i)(1). Pub. L. 98-353, § 404, amended par. (1) generally, inserting provisions relating to timeshare interests under timeshare plans.

Subsecs. (1), (m). Pub. L. 98-353, § 362(b), added subsecs. (1) and (m).

EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 283 of Pub. L. 99-554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Amendment by section 257 of Pub. L. 99-554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99-554.

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 348, 363, 502, 553, 555, 556, 557, 559, 744, 901, 1110, 1123, 1124, 1167, 1168, 1169, 1222, 1322 of this title.

§ 366. Utility service

(a) Except as provided in subsection (b) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the trustee or the debtor solely on the basis of the commencement of a case under this title or that a debt owed by the debtor to such utility for service rendered before the order for relief was not paid when due.

[See main edition for text of (b)]

(As amended Pub. L. 98-353, title III, § 443, July 10, 1984, 98 Stat. 373.)

1986-Pub. L. 99-554, title II, § 283(q), Oct. 27, 1986, 100 Stat. 3118, amended items 557 to 559 generally, substituting "interests in, and abandonment or other disposition of grain assets” for “in and disposition of grain" in item 557.

1984-Pub. L. 98-353, title III, §§ 352(b), 396(b), 470(b), July 10, 1984, 98 Stat. 361, 366, 380, added items 557, 558, and 559.

SUBCHAPTER I-CREDITORS AND

CLAIMS

§ 501. Filing of proofs of claims or interests

[See main edition for text of (a) to (c)] (d) A claim of a kind specified in section 502(e)(2), 502(f), 502(g), 502(h) or 502(i) of this title may be filed under subsection (a), (b), or (c) of this section the same as if such claim were a claim against the debtor and had arisen before the date of the filing of the petition. (As amended Pub. L. 98-353, title III, § 444, July 10, 1984, 98 Stat. 373.)

AMENDMENTS

1984-Subsec. (d). Pub. L. 98-353 inserted "502(e)(2),".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 502, 506, 726, 727, 901, 925, 944, 1111, 1141 of this title.

§ 502. Allowance of claims or interests

(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; or

(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.

(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.

[See main edition for text of (d)]

(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

[See main edition for text of (2); (f)]

(g) 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.

(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)(7) 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.

(As amended 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.)

1986-Subsec.

AMENDMENTS

(b)(6)(A)(ii). Pub. L. 99-554, § 283(f)(1), substituted "repossessed" for "reposessed". Subsec. (g). Pub. L. 99-554, § 257(j), inserted reference to chapter 12.

Subsec. (1). Pub. L. 99-554, § 283(f)(2), substituted "507(a)(7)" for "507(a)(6)".

1984-Subsec. (a). Pub. L. 98-353, § 445(a), inserted "general" before “partner”.

Subsec. (b). Pub. L. 98-353, § 445(b)(1), (2), in provisions preceding par. (1), inserted "(e)(2)," after "subsections" and "in lawful currency of the United States" after “claim”.

Subsec. (b)(1). Pub. L. 98-353, § 445(b)(3), substituted "and" for ", and unenforceable against". Subsec. (b)(3). Pub. L. 98-353, § 445(b)(5), inserted "the" after "exceeds".

Pub. L. 98-353, § 445(b)(4), struck out par. (3) “such claim may be offset under section 553 of this title

against a debt owing to the debtor;", and redesignated par. (4) as (3).

Subsec. (b)(4). Pub. L. 98–353, § 445(b)(4), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (b)(5). Pub. L. 98-353, § 445(b)(6), substituted "such claim" for "the claim" and struck out the comma after "petition".

Pub. L. 98-353, § 445(b)(4), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Subsec. (b)(6). Pub. L. 98-353, § 445(b)(4), redesignated par. (7) as (6). Former par. (6) redesignated (5). Subsec. (b)(7). Pub. L. 98-353, § 445(b)(7)(A), inserted "the claim of an employee" before "for damages". Pub. L. 98-353, § 445(b)(4), redesignated par. (8) as (7). Former par. (7) redesignated (6).

Subsec. (b)(7)(A)(i). Pub. L. 98-353, § 445(b)(7)(B), substituted "or" for "and".

Subsec. (b)(7)(B). Pub. L. 98-353, § 445(b)(7)(C), (D), substituted "any" for "the" and inserted a comma after "such contract".

Subsec. (b)(8), (9). Pub. L. 98-353, § 445(b)(4), redesignated par. (9) as (8). Former par. (8) redesignated (7).

Subsec. (c)(1). Pub. L. 98-353, § 445(c)(1), inserted "the" before "fixing" and substituted "administration" for "closing".

Subsec. (c)(2). Pub. L. 98-353, § 445(c)(2), inserted "right to payment arising from a" after "any" and struck out "if such breach gives rise to a right to payment" after "breach of performance".

Subsec. (e)(1). Pub. L. 98-353, § 445(d)(1), (2), in provisions preceding subpar. (A) substituted ", (b), and (c)" for "and (b)" and substituted "or has secured" for ", or has secured,".

Subsec. (e)(1)(B). Pub. L. 98-353, § 445(d)(3), inserted "or disallowance" after "allowance".

Subsec. (e)(1)(C). Pub. L. 98-353, § 445(d)(4), substituted "asserts a right of subrogation to the rights of such creditor" for "requests subrogation" and struck out "to the rights of such creditor" after "of this title".

Subsec. (h). Pub. L. 98-353, § 445(e), substituted "522" for "522(i)”.

Subsec. (j). Pub. L. 98-353, § 445(f), amended subsec. (j) generally, inserting provisions relating to reconsideration of a disallowed claim, and provisions relating to reconsideration of a claim under this subsection.

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 101, 346, 501, 503, 506, 507, 509, 510, 522, 544, 553, 723, 727, 901, 944, 1111, 1126, 1141, 1228, 1305, 1328 of this title.

§ 503. Allowance of administrative expenses

[See main edition for text of (a)]

(b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including

(1)(A) the actual, necessary costs and expenses of preserving the estate, including

wages, salaries, or commissions for services rendered after the commencement of the case;

(B) any tax

(i) incurred by the estate, except a tax of a kind specified in section 507(a)(7) of this title; or

[See main edition for text of (ii)]

(C) any fine, penalty, or reduction in credit relating to a tax of a kind specified in subparagraph (B) of this paragraph;

(2) compensation and reimbursement awarded under section 330(a) of this title;

(3) the actual, necessary expenses, other than compensation and reimbursement specified in paragraph (4) of this subsection, incurred by

[See main edition for text of (A) and (B)]

(C) a creditor in connection with the prosecution of a criminal offense relating to the case or to the business or property of the debtor;

[See main edition for text of (D) and (E), (4)]

(5) reasonable compensation for services rendered by an indenture trustee in making a substantial contribution in a case under chapter 9 or 11 of this title, based on the time, the nature, the extent, and the value of such services, and the cost of comparable services other than in a case under this title; and

(6) the fees and mileage payable under chapter 119 of title 28.

(As amended Pub. L. 98-353, title III, § 446, July 10, 1984, 98 Stat. 374; Pub. L. 99-554, title II, § 283(g), Oct. 27, 1986, 100 Stat. 3117.)

AMENDMENTS

1986-Subsec. (b)(1)(B)(i). Pub. L. 99-554, § 283(g)(1), substituted “507(a)(7)” for “507(a)(6)”.

Subsec. (b)(5). Pub. L. 99-554, § 283(g)(2), inserted "and" after “title;”.

Subsec. (b)(6). Pub. L. 99-554, § 283(g)(3), substituted a period for "; and".

1984-Subsec. (b). Pub. L. 98-353, § 446(1), struck out the comma after "be allowed" in provisions preceding par. (1).

Subsec. (b)(1)(C). Pub. L. 98-353, § 446(2), struck out the comma after "credit".

Subsec. (b)(2). Pub. L. 98-353, § 446(3), inserted “(a)" after "330".

Subsec. (b)(3). Pub. L. 98-353, § 446(4), inserted a comma after "paragraph (4) of this subsection".

Subsec. (b)(3)(C). Pub. L. 98-353, § 446(5), struck out the comma after "case".

Subsec. (b)(5). Pub. L. 98-353, § 446(6), struck out "and" after "title;".

Subsec. (b)(6). Pub. L. 98-353, § 446(7), substituted "; and" for period at end.

EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99-554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

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 346, 348, 361, 364, 365, 504, 507, 557, 726, 901, 1205, 1226, 1228, 1326 of this title; title 26 section 1398.

§ 505. Determination of tax liability

(a) [See main edition for text of (1)]
(2) The court may not so determine-

[See main edition for text of (A)]

(B) any right of the estate to a tax refund, before the earlier of—

(i) 120 days after the trustee properly requests such refund from the governmental unit from which such refund is claimed; or [See main edition for text of (ii); (b) and (c)] (As amended Pub. L. 98-353, title III, § 447, July 10, 1984, 98 Stat. 374.)

AMENDMENTS

1984-Subsec. (a)(2)(B)(i). Pub. L. 98-353 substituted "or" for "and".

§ 506. Determination of secured status

[See main edition for text of (a)]

(b) To the extent that an allowed secured claim is secured by property the value of which, after any recovery under subsection (c) of this section, is greater than the amount of such claim, there shall be allowed to the holder of such claim, interest on such claim, and any reasonable fees, costs, or charges provided for under the agreement under which such claim arose.

[See main edition for text of (c)]

(d) To the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void, unless

(1) such claim was disallowed only under section 502(b)(5) or 502(e) of this title; or

(2) such claim is not an allowed secured claim due only to the failure of any entity to file a proof of such claim under section 501 of this title.

(As amended Pub. L. 98-353, title III, § 448, July 10, 1984, 98 Stat. 374.)

AMENDMENTS

1984-Subsec. (b). Pub. L. 98-353, § 448(a), inserted "for" after "provided".

Subsec. (d)(1). Pub. L. 98-353, § 448(b), substituted "such claim was disallowed only under section 502(b)(5) or 502(e) of this title" for "a party in interest has not requested that the court determine and allow or disallow such claim under section 502 of this title". Subsec. (d)(2). Pub. L. 98-353, § 448(b), substituted "such claim is not an allowed secured claim due only to the failure of any entity to file a proof of such claim under section 501 of this title" for "such claim was disallowed only under section 502(e) 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.

§ 507. Priorities

(a) The following expenses and claims have priority in the following order:

[See main edition for text of (1) and (2)] (3) Third, allowed unsecured claims for wages, salaries, or commissions, including vacation, severance, and sick leave pay

[See main edition for text of (A) and (B)] (4) Fourth, allowed unsecured claims for contributions to an employee benefit plan

[See main edition for text of (A)]

(B) for each such plan, to the extent of— (i) the number of employees covered by each such plan multiplied by $2,000; less

[See main edition for text of (ii)] (5) Fifth, allowed unsecured claims of per

sons

(A) engaged in the production or raising of grain, as defined in section 557(b)(1) of this title, against a debtor who owns or operates a grain storage facility, as defined in section 557(b)(2) of this title, for grain or the proceeds of grain, or

(B) engaged as a United States fisherman against a debtor who has acquired fish or fish produce from a fisherman through a sale or conversion, and who is engaged in operating a fish produce storage or processing facility

but only to the extent of $2,000 for each such individual.

(6) Sixth, allowed unsecured claims of individuals, to the extent of $900 for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided.

(7) Seventh, allowed unsecured claims of governmental units, only to the extent that such claims are for

(A) a tax on or measured by income or gross receipts

(i) for a taxable year ending on or before the date of the filing of the petition for which a return, if required, is last due, including extensions, after three years before the date of the filing of the petition;

(ii) assessed within 240 days, plus any time plus 30 days during which an offer in compromise with respect to such tax that was made within 240 days after such assessment was pending, before the date of the filing of the petition; or

(iii) other than a tax of a kind specified in section 523(a)(1)(B) or 523(a)(1)(C) of this title, not assessed before, but assessable, under applicable law or by agreement, after, the commencement of the case;

(B) a property tax assessed before the commencement of the case and last payable without penalty after one year before the date of the filing of the petition;

(D) an employment tax on a wage, salary, or commission of a kind specified in paragraph (3) of this subsection earned from the debtor before the date of the filing of the petition, whether or not actually paid before such date, for which a return is last due, under applicable law or under any extension, after three years before the date of the filing of the petition;

(E) an excise tax on

(i) a transaction occurring before the date of the filing of the petition for which a return, if required, is last due, under applicable law or under any extension, after three years before the date of the filing of the petition; or

(ii) if a return is not required, a transaction occurring during the three years immediately preceding the date of the filing of the petition;

(F) a customs duty arising out of the importation of merchandise

(i) entered for consumption within one year before the date of the filing of the petition;

(ii) covered by an entry liquidated or reliquidated within one year before the date of the filing of the petition; or

(iii) entered for consumption within four years before the date of the filing of the petition but unliquidated on such date, if the Secretary of the Treasury certifies that failure to liquidate such entry was due to an investigation pending on such date into assessment of antidumping or countervailing duties or fraud, or if information needed for the proper appraisement or classification of such merchandise was not available to the appropriate customs officer before such date; or

(G) a penalty related to a claim of a kind specified in this paragraph and in compensation for actual pecuniary loss.

[See main edition for text of (b)]

(c) For the purpose of subsection (a) of this section, a claim of a governmental unit arising from an erroneous refund or credit of a tax has the same priority as a claim for the tax to which such refund or credit relates.

(d) An entity that is subrogated to the rights of a holder of a claim of a kind specified in subsection (a)(3), (a)(4), (a)(5), or (a)(6)1 of this

'See References in Text note below.

section is not subrogated to the right of the holder of such claim to priority under such subsection.

(As amended Pub. L. 98-353, title III, §§ 350, 449, July 10, 1984, 98 Stat. 358, 374.)

REFERENCES IN TEXT

Subsections (a)(5) and (a)(6) of this section, referred to in subsec. (d), was redesignated subsections (a)(6) and (a)(7) of this section by Pub. L. 98-353, title III, § 350(1), (2), July 10, 1984, 98 Stat. 358.

AMENDMENTS

1984-Subsec. (a)(3). Pub. L. 98-353, § 449(a)(1), inserted a comma after "severance".

Subsec. (a)(4). Pub. L. 98-353, § 449(a)(2), substituted "an employee benefit plan" for "employee benefit plans" in provisions preceding subpar. (A).

Subsec. (a)(4)(B)(i). Pub. L. 98-353, § 449(a)(3), inserted "each" after "covered by".

Subsec. (a)(5). Pub. L. 98-353, § 350(3), added par. (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 98-353, § 350(1), redesignated former par. (5) as (6) and substituted "Sixth" for "Fifth". Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 98-353, §§ 350(2), 449(a)(4), redesignated former par. (6) as (7), substituted "Seventh" for "Sixth", and inserted "only" after "units". Subsec. (c). Pub. L. 98-353, § 449(b), substituted "has the same priority" for "shall be treated the same".

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 364, 502, 503, 523, 724, 726, 752, 766, 901, 943, 1123, 1129, 1222, 1226, 1322, 1326 of this title; title 15 section 78fff.

§ 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

[See main edition for text of (A) to (C), (2)]

(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.

(As amended Pub. L. 98-353, title III, § 450, July 10, 1984, 98 Stat. 375.)

AMENDMENTS

1984-Subsec. (a). Pub. L. 98-353, § 450(a), substituted "subsection (b) or" for "subsections (b) and”, and inserted "against the debtor" after “a creditor".

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