Article 2.9.3 Creditors
(a) Proof of Claim: a Creditor or a trustee of any trust indenture issued by the Debtor may file a proof of Claim.
(i) If a proof of Claim is not timely filed, an entity that is liable to such Creditor with the Debtor, or that has secured such Creditor, or the Debtor, or the Trustee may file a proof of such Claim.
(ii) A proof of Claim is deemed allowed, unless an interested party, including a Creditor of a general partner in a partnership that is a Debtor in a Petition for liquidation, objects.
(b) Effect of Collateral: Claims are divided into Secured Claims and Unsecured Claims. A right to payment secured by collateral, when proof of such Claim is timely filed, becomes a Secured Claim, otherwise it is an Unsecured Claim.
(c) Disposition of Secured Claims: Secured Claims have priority over Unsecured Claims in the Bankruptcy Estate up to the value of the collateral that secures the right to payment at the time the Petition was filed.
(i) If the value of the collateral is insufficient to fully satisfy the Claim, any shortfall shall be treated as an Unsecured Claim.
(ii) If the value of the collateral is sufficient to fully satisfy the Claim, the claimant is entitled to the contractual interest on its Claim to the extent of the value of the collateral.
(d) Proof of Interest: An equity security holder of the Debtor may file a proof of interest, which is a type of subordinate Claim.
(i) An Interest, proof of which is filed under this Article, is deemed allowed, unless an interested party, including a Creditor of a general partner in a partnership that is a Debtor in a Petition for liquidation, objects.
(ii) Interests shall be satisfied from the Bankruptcy Estate after satisfaction of all other Claims.
- Section
- 2.9.3
- Effective date
- 2026-04-25