Subsection (d) is derived from present law. It requires disallowance of a claim of a transferee of a voidable transfer in toto if the transferee has not paid the amount or turned over the property received as required under the sections under which the transferee's liability arises.
(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 ...
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The term “small business case” means a case filed under chapter 11 of this title in which the debtor is a small business debtor and has not elected that ...
Section 502(d) was "not [intended] to punish, but to give creditors an option to keep their transfers (and hope for no action by the trustee) or to surrender ...
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CHAPTER 5 - CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER I - CREDITORS AND CLAIMS Sec. 502 - Allowance of claims or interests. Contains. section 502. Date.
The House amendment adopts the rule of the Senate bill that the bankruptcy court can, under certain conditions, determine the amount of tax refund claim by the ...
The language of Section 502(d) expressly provides for the disallowance of a claim held by an entity that retains an avoidable transfer such as a preference.
Section 502(d) requires the disallowance of a claim by a creditor that refuses to repay an avoidable transfer, such as a preference. There is a division of ...
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Aug 13, 2020 · Declining to follow a published district court decision from the same federal district, the bankruptcy court found that section 502(d) applies ...
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The answer is generally “yes” where costs were incurred prior to the bankruptcy case or are future costs that are not contingent on the occurrence of a ...