4 Collier on Bankruptcy P 502.02


Summary

    Section 502(a) of the Bankruptcy Code provides that a claim (or interest), proof of which is filed under section 501(a), is deemed allowed unless an objection is interposed. Accordingly, a claim (or interest) is deemed allowed and valid and enforceable upon filing and remains so unless a party in interest objects.

  • [1] Allowance of Claims and Interests

    A claim or interest is deemed allowed unless an objection is filed.1Link to the text of the note Federal Rule of Bankruptcy Procedure 3001(f) states that “[a] proof of claim signed and filed in accordance with these rules is prima facie evidence of the claim’s validity and amount.” Thus, under section 502(a), a proof of claim or proof of interest that was properly filed pursuant to section 501(a) constitutes prima facie evidence of the validity and the amount of the claim.2Link to the text of the note