Page:United States Statutes at Large Volume 92 Part 2.djvu/1299

 PUBLIC LAW 95-598—NOV. 6, 1978

92 STAT. 2579

(c) If a creditor does not timely file a proof of such creditor's claim, the debtor or the trustee may file a proof of such claim. (d) A claim of a kind specified in section 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. § 502. Allowance of claims or interests ^^ ^^^ ^^2. (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 partner in a partnership that is a debtor in a case under chapter 7 of this title, objects. . Post, f. 2604. (b) Except as provided in subsections (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 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 unenforceable against 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) such claim may be oiffset under section 553 of this title Post, p. 2602. against a debt owing to the debtor; (4) if such claim is for a tax assessed against property of the estate, such claim exceeds value of the interest of the estate in such property; (5) if such claim is for services of an insider or attorney of the debtor, such claim exceeds the reasonable value of such services; (6) the 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 | (7) 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 j the date of the filing of the petition; and (ii) the date on which such lessor reposessed, or the lessee surrendered, the leased property; plus (B) any unpaid rent due under such lease, without acceleration, on the earlier of such dates; (8) if such claim is 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; and (ii) the date on which the employer directed the employee to terminate, or such employee terminated, performance under such contract; plus (B) the unpaid compensation due under such contract without acceleration, on the earlier of such dates; or (9) such claim results from a reduction, due to late payment, in the amount of an otherwise applicable credit available to the

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