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11 U.S.C. § 1111

Section 1111 · Claims and interests

Amended 2 times on record

Applied in 497 court decisions — leading case Pioneer Investment Services Company v. Brunswick Associates Limited Partnership (1993)

Most recently applied in Eric Hovde v. ISLA Development LLC (October 2022)

Cases citing this section usually also cite 11 U.S.C. § 1129 · 11 U.S.C. § 506 · 11 U.S.C. § 362

How often courts cite this section

19781980199020002010201937095-598enacted · 1978 · 95-598Pioneer Investment Services Company v. Brunswick Associates Limited Partnershipleading · 1993 · Pioneer Investment Services Company v. Brunswick Associates Limited Partnership111-327amended · 2010 · 111-327
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A proof of claim or interest is deemed filed under section 501 of this title for any claim or interest that appears in the schedules filed under section 521(a)(1) or 1106(a)(2) of this title, except a claim or interest that is scheduled as disputed, contingent, or unliquidated.

(b)(1)(A) A claim secured by a lien on property of the estate shall be allowed or disallowed under section 502 of this title the same as if the holder of such claim had recourse against the debtor on account of such claim, whether or not such holder has such recourse, unless—

(i) the class of which such claim is a part elects, by at least two-thirds in amount and more than half in number of allowed claims of such class, application of paragraph (2) of this subsection; or

(ii) such holder does not have such recourse and such property is sold under section 363 of this title or is to be sold under the plan.

(B) A class of claims may not elect application of paragraph (2) of this subsection if—

(i) the interest on account of such claims of the holders of such claims in such property is of inconsequential value; or

(ii) the holder of a claim of such class has recourse against the debtor on account of such claim and such property is sold under section 363 of this title or is to be sold under the plan.

(2) If such an election is made, then notwithstanding section 506(a) of this title, such claim is a secured claim to the extent that such claim is allowed.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Historical and Revision Notes

A discussion of section 1111(b) of the House amendment is best considered in the context of confirmation and will therefore, be discussed in connection with section 1129.

senate report no. 95–989

This section dispenses with the need for every creditor and equity security holder to file a proof of claim or interest in a reorganization case. Usually the debtor's schedules are accurate enough that they will suffice to determine the claims or interests allowable in the case. Thus, the section specifies that any claim or interest included on the debtor's schedules is deemed filed under section 501. This does not apply to claims or interests that are scheduled as disputed, contingent, or unliquidated.

Amendments

2010—Subsec. (a). Pub. L. 111–327 substituted “521(a)(1)” for “521(1)”.

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