11 U.S.C. § 101

Section 101(5) defines a claim as a right to payment or an equitable remedy for breach that gives rise to a right to payment; ownership alone is not a claim.

Suzanne M. Christiano · filed 2019-08-02(5)

Based on this analysis, I conclude that a tax purchaser pursuant to a sale conducted using Conn. Gen. Stat. § 12-157 does not have a “claim” against the bankruptcy estate and a debtor cannot modify the rights of the tax purchaser through a Chapter 13 plan pursuant to §§ 1322(b)(2) or 1322(b)(3).

Section 101(5) defines a bankruptcy claim as a right to payment; an assertion of ownership is not a claim.

Labbadia, III v. Martin · filed 2019-08-02(5)

Section 727(a)(4)(B) encompasses bankruptcy “claims” as defined in 11 U.S.C. § 101(5) and “does not mean ‘representation’ or ‘statement’ but ‘right to payment.’” In re Gorchev, 275 B.R. 154, 164 (Bankr. D. Mass. 2002); see also In re Henderson, 423 B.R. 598, 619 (Bankr. N.D.N.Y. 2010).

Section 101(5)(A) includes a right to payment in the definition of a claim even if no judgment has been entered.

Samuel T. Rowell · filed 2019-08-29(5)(A)

The original objection included an objection that “no judgment or court order has been entered ordering debtor to pay” the Claimants any money — an objection that has not been repeated in the subsequent documents filed by new counsel, and which is contrary to the Bankruptcy Code’s express definition of “claim” as including any “right to payment, whether or not such right is reduced to judgment.”

Section 101(5)(A) includes a guarantor’s right to contribution as a contingent claim when the parties could fairly contemplate that the guarantor might have to pay.

Kristine Marie Shuey · filed 2019-08-15(5)(A)

Pursuant to the District Court’s guidance in its Opinion, Creditor’s claim would have been in fair contemplation of the parties at the time the agreement was signed, and Creditor’s claim is therefore a pre-petition, contingent claim that may have been discharged in the year 2010.

Section 101(5)(B) treats an equitable remedy for breach of performance as a claim when monetary payment is an alternative remedy.

AMP v. Commonwealth of Puerto Rico · filed 2019-09-25(5)(B)

A § 362(a)(1) "claim" comprises rights to equitable remedies for ... breach of performance that "give[] rise to a right of payment," 11 U.S.C. § 101(5)(B) -- i.e., "if a monetary payment is an alternative for the equitable remedy," Rederford v. U.S. Airways, Inc., 589 F.3d 30, 36 (1st Cir. 2009).

A right to a tax refund can be a claim under § 101(5) before the refund is payable.

Adrian Tyler Myers and Kellie LeAnn Myers · filed 2019-09-26(5)

Section 101 of the Bankruptcy Code defines “claim,” in relevant part, as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5). “Debt” is defined as “liability on a claim.” 11 U.S.C. § 101(12). The claim to a right to receive a tax refund is no different. The Debtors may have a right to payment of a tax refund on December 31st, although practically, the tax refund will not be paid until February 15th at the earliest.

Section 101(5) defines a claim as a right to payment; separate notes can create separate claims even when one lien secures them.

David Mark Poole and Mary Louise Poole · filed 2019-09-30(5)

A “claim” in turn is defined as a “right to payment.” Id. at (5). ... The court concludes that the same result obtains in this case even after finding that FNB has one lien.

A bankruptcy claim is a right to payment based on an enforceable obligation.

Energy Future Holdings Corp. v. · filed 2019-10-21(5)(A)

Chapter 11 defines “claim” to mean, simply, a “right to payment.”

A right to a tax refund is a claim when it arises at the end of the tax year, even if payment must wait until later.

Myers v. Army & Air Force Exchange Service · filed 2019-09-26(5)

Section 101 of the Bankruptcy Code defines “claim,” in relevant part, as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5). “Debt” is defined as “liability on a claim.” 11 U.S.C. § 101(12). The claim to a right to receive a tax refund is no different. The Debtors may have a right to payment of a tax refund on December 31st, although practically, the tax refund will not be paid until February 15th at the earliest.

Section 101(5)(B) treats a right to enforce a covenant not to compete through an injunction as a claim when money damages are an alternative remedy for the breach.

Aire Serv LLC v. Roberts · filed 2019-10-10(5)(B)

Here, the covenant not to compete in the Franchise Agreement expressly provides for liquidated damages only as an alternative remedy to injunctive relief and thus Aire Serv’s right to injunctive relief constitutes a claim under section 101(5)(B) and the reasoning in Udell.

A party holding a state court judgment for a monetary award is a creditor of the debtor.

167 E. William LLC v. Spielbauer · filed 2019-11-08(10)(A)

The LLC has a claim against Spielbauer by virtue of the state court judgment it obtained against him. See 11 U.S.C. § 101(5)(A). This liability, specifically the monetary award provided in the judgment, constitutes a debt Spielbauer owes the LLC. See id. § 101(12). Therefore, the LLC is Spielbauer’s creditor. See id. § 101(10)(A).

A disputed right to foreclose can qualify as a claim under § 101(5), and its holder can be a creditor under § 101(10).

Jeannie Quinteros · filed 2019-11-08(5), (10)

Under 11 U.S.C. § 101(5), the term “claim” includes a right to payment or right to an equitable remedy even if that right is disputed. Wilmington Savings is the holder of its claim of a right to foreclose, and thus a creditor as defined in 11 U.S.C. § 101(10). ... Similarly, Capital Ventures is a party in interest because it claims it has a right to foreclose on the Property. The fact that the debtor disputes whether Capital Ventures has that right does not divest Capital Ventures of its status as a party in interest.

Section 101(5) broadly defines a claim to include contingent rights to payment, but a claim arising after the petition is not a prepetition claim if the creditor could not fairly contemplate it when the petition was filed.

In re: Carolyn L. Burke · filed 2019-11-25(5)

The definition of claim includes a: “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). ... It is only necessary that the creditor be able to fairly or reasonably contemplate the claim’s existence as of the petition date. ... We conclude that Umpqua’s unjust enrichment arose in 2017; as a result, it is not a prepetition claim affected by the discharge.

Section 101(5)(A) requires a creditor to have a right to payment from the debtor or the debtor’s property to hold an allowed claim.

Donald R. Nagel, Jr. · filed 2019-12-05(5)(A)

Thus, KTBS must have either a right to payment against Debtor or his property to have an allowed claim in Debtor’s bankruptcy case.

A claim generally requires a right to payment recognized under state law; a party with no enforceable state-law claim cannot obtain a nondischargeability determination.

Allen Hood - Adversary Proceeding · filed 2019-12-23(5)(A)

Defendant correctlynotes that Plaintiffs’ entitlement to a determination of nondischargeability against Defendant requires their entitlement to a right to payment under state law, as discussed by the Supreme Court: ... Accordingly, when the Bankruptcy Code uses the word“claim”—which the Code itself defines as a “right to payment,” 11 U.S.C. § 101(5)(A) — it is usually referring to a right to payment recognized under state law. ... Thus,Rooney and Just Tennessee, who were not parties to the Jefferson County Lawsuit, are barred from assertingclaims against Defendant through this adversary proceeding that they cannot assert in a Tennessee state court because those claims accrued outside the relevant limitations periods.

Section 101(5)(A) includes a right to payment in the definition of a claim even when liability has not been determined or payment has not been made.

The Benefit Corner LLC · filed 2019-12-31(5)(A)

Once Claimant had knowledge of the Civil Suit, he knew that JC Squared was seeking to enforce his obligations under the Note, even though exact liability had not been determined and payment had not been made.12 ... The Bankruptcy Code broadly defines a claim as the “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A) (emphasis added).

Section 101(5)(B) treats an order to remove an encroachment as a claim when failure to comply gives rise to a right to payment.

Watson v. Lanier · filed 2020-01-10(5)(B)

Paragraph 4 of the Circuit Court’s Order, requiring removal of the Encroachments, constituted an equitable claim as defined in Code § 101(5)(B), and although not explicitly expressed, it gave Watson a contingent right to payment in the event the Debtor failed to remove the Encroachments within the allotted 60 days.

A contingent right to payment is a claim even when the event triggering payment occurs after the bankruptcy petition.

Joseph Van · filed 2020-01-13(5)(A)

“Claim” includes a “right to payment... whether or not such right is... contingent.” 11 U.S.C, § 101(5)(A). ... The Treasurer’s rights against Van for the 2012-14 taxes were contingent on the declaration of a sale in error, a future event that was uncertain. Uncertain or not, though, she had a claim.

Section 101 defines a creditor as an entity with a claim against the debtor and includes a right to payment within the definition of a claim.

Selene Finance LP v. United States Bankruptcy Court for the Western District of Oklahoma · filed 2020-01-16(5)(A), (10)(A)

A “creditor” is an entity holding a claim against the debtor and a “claim” is defined as, among other things, a right to payment.

Section 101(10)(A) requires a creditor to have a claim against the debtor; a fee award to clients does not give their law firm such a claim.

Gorence & Oliveros, P.C. v. Chavez, Jr. · filed 2020-01-24(10)(A)

The Law Firms do not fall within the definition of “creditor” because nothing in the Griego/Haukereid Judgment indicates that they have a right to payment from Defendant.

Section 101(10)’s definition of creditor does not include an entity whose connection to the debtor is only indirect or remote.

Mountain Creek Resort, Inc. and Mountain Leasing LLC · filed 2020-03-11(10)

Sussex County’s categorization of its status in relation to the Debtors fails to fit within the definition of creditor in § 101(10).

A person holding a valid judgment against the debtor is a creditor under § 101(10)(A).

Jayme v. Monge · filed 2020-03-12(10)(A)

Jayme and Rojas themselves designated the Monges as creditors in their sworn bankruptcy filings; and because the Monges held a valid judgment,4 they were, in fact, creditors under the law authorized to bring an adversary complaint. See 11 U.S.C. §§ 101(5)(A); 101(10)(A); 727(c) (defining creditor as “having a claim [right to payment, whether or not reduced to judgment] against the debtor that arose at the time of or before the [filing of the bankruptcy petition]” and allowing creditors to object to discharge).

Section 101(10)(A) includes holders of disputed, unliquidated prepetition claims as creditors.

Fleetstar LLC · filed 2020-03-16(10)(A)

The non-insider unsecured creditors’ claims may be unliquidated and disputed, but they are “claims” nonetheless and must be considered by this Court in evaluating whether dismissal or conversion is in the best interests of creditors and the estate.

Section 101(5)(A) defines a claim broadly to include rights to payment that are disputed, contingent, unliquidated, or secured.

Sharonn E. Thomas · filed 2020-02-13(5)(A)

The twenty-two (22) claims filed in the First Case—and ignored by Thomas in the Present Case—may not have been settled or agreed upon, but the content of the claims was certainly relevant in preparing the disclosure of the Debtor’s financial position as required by the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. The definition of “claim” in the Bankruptcy Code is broad and includes rights of payments that are “liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. §101(5)(A).

Section 101(5)(A) includes contingent rights to payment within the definition of a claim; a claim arising before the bankruptcy filing is a prepetition claim.

In Re Westinghouse Electric Company, LLC · filed 2020-02-24(5)(A)

The Bankruptcy Code defines “claim” in relevant part as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). ... We conclude that Appellants’ claim against Westinghouse is a pre-petition claim.

Section 101 treats a prepetition personal guaranty as a contingent claim and debt, so the guarantor’s liability is covered by a bankruptcy discharge.

In re Paul Orlandi · filed 2020-02-28(5)(A), (12)

The Panel agrees with the second line of cases holding that a pre-petition personal guaranty is a contingent debt that is discharged in bankruptcy.

Section 101(5) treats an asbestos claim as arising when exposure occurs, even if the injury manifests later.

L.K. Comstock & Company, Inc. v. Reibie · filed 2020-03-02(5)

As a result, the Reibie Defendants’ claims arose prepetition, at the time of Mr. Reibie’s alleged asbestos exposure.

For a proof of claim, the court applied § 101(5) to the debt owed on the filing date and held that postpetition arrears did not require an amended proof.

Richard Eichert Hardison and Mary Ann Hardison · filed 2020-03-31(5)

Furthermore, section 101(5) of the Bankruptcy Code defines a claim as “a creditor’s right to receive payment for a debt that the debtor owed on the date the debtor filed for bankruptcy.” 11 U.S.C. § 101(5).

Section 101(5)(A) includes a right to payment in the definition of a bankruptcy claim even when its value is undetermined.

Verso Corporation v. · filed 2020-04-27(5)(A)

A “claim” is “[a] right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). ... This protest demonstrates that the SSR claims were known to UPPCO in June 2015 at the latest, even though the exact value of the claim was then undetermined.

Section 101(10) includes a lienholder as a creditor even if it has not filed a proof of claim.

Joseph Stanley Ely (Trnsf. to Western Div.) · filed 2020-04-29(10)

While it is true that Rivercene did not file a proof of claim in the Debtor’s case, Rivercene holds a lien on the Real Property and is a creditor as that term is defined in the Code.

A lienholder can be a creditor under § 101(10) even if it has not filed a proof of claim.

Upp · filed 2020-04-29(10)

While it is true that Rivercene did not file a proof of claim in the Debtor’s case, Rivercene holds a lien on the Real Property and is a creditor as that term is defined in the Code. 11 U.S.C. §101(10).

A disputed right to payment is a claim, and liability on that claim is a debt.

Robert W. Knaak, Jr. · filed 2020-05-12(5)(A)

The term “claim” includes a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured[,]” 11 U.S.C. § 101(5)(A) (emphasis added), Thus, disputes do not remove debts from the section 109(e) calculation.

Section 101(5)(A) includes contingent rights to payment in the definition of a bankruptcy claim.

David A. Novoselsky & Charmain J. Novoselsky v. Commissioner · filed 2020-05-28(5)(A)

The Bankruptcy Code defines a “claim” as a “right to payment, whether or not such right is * * * fixed * * *[or] contingent.” 11 U.S.C. sec. 101(5)(A). Peti- tioner’s counter-parties had contingent rights to payment from him because he was obligated to return their advances (with a premium) if the litigation they supported was successful. The counter-parties thus had “claims” against his estate for bank- ruptcy purposes, as the bankruptcy court reasoned.

Section 101’s definition of creditor requires a qualifying claim against the debtor or the estate.

Cape Quarry, LLC · filed 2020-11-17(10)

Nothing in the record as of the Confirmation Hearing date ... indicated that Quarry Aggregates holds a claim that has arisen from post-petition events. See 11 U.S.C. §§ 101(A) & (B); see also In re Cypresswood Land Partners, I, 409 B.R. 396, 415–16 (Bankr. S.D. Tex. 2009). Therefore, Quarry Aggregates is not a creditor of the Debtor.

Section 101 defines a claim as a right to payment and a creditor as an entity whose claim against the debtor arose by the order for relief.

Fullen v. Riffle, Jr. · filed 2020-10-29(5)(A), (10)(A)

The judgment is a right to payment against the Debtor that arose before the court entered the order of relief. Ultimately, the Plaintiffs are creditors of the Debtor and have standing to bring their non-dischargeability action with respect to the October 28 Judgment and proof of claim.

An unenforceable debt can still be a claim under Section 101(5)(A).

Ajasa v. WELLS FARGO BANK, N.A. · filed 2020-08-14(5)(A)

But even if that Deed in Lieu provided Mr. Lopez with a defense to a collection action, both the Bankruptcy Code and the cases applying it confirm that an unenforceable debt remains a “claim” for purposes of the discharge injunction.

Section 101(5)(A) includes a disputed right to payment in the definition of a claim.

David Mark Spencer and Ylva Sofi Rogler · filed 2020-11-14(5)(A)

A “claim” is defined in relevant part as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” § 101(5)(A). ... The mere fact that they dispute the debt is not a sufficient basis to exclude it for purposes of § 109(e). ... Thus, Creditor has an unsecured claim for eligibility purposes.

Section 101(5)(A) defines a claim as a right to payment; amounts already paid through pre-petition withholdings are not part of the taxing authority’s claim.

Iowa Dept. of Revenue v. DeVries · filed 2020-11-25(5)(A)

The Bankruptcy Code defines a “claim,” in pertinent part, as “right to payment.” 11 U.S.C. §101(5)(A). The term “claim” cannot be read to include amounts paid to the IDR by pre-petition withholdings.

A claim arises when the claimant is exposed to conduct giving rise to an injury, even if no suit has been filed.

Wilton Armetale Inc v. · filed 2020-08-04(5)

Even if it had not filed them, they still would have predated the bankruptcy because the alleged plundering preceded it. In bankruptcy, “a ‘claim’ arises when an individual is exposed . . . [to] conduct giving rise to an injury.” Jeld-Wen, Inc. v. Van Brunt (In re Grossman’s Inc.), 607 F.3d 114, 125 (3d Cir. 2010) (en banc) (quoting 11 U.S.C. § 101(5)).

Section 101(5) treats an asbestos injury claim as arising upon exposure, even if the injury manifests later.

L.K. Comstock & Company, Inc. v. Reibie · filed 2020-08-08(5)

For purposes of section 101(5) of the Code, this Court not only is bound to follow the conduct test used by the Fourth Circuit in Grady and Holcombe, but it also agrees with the Fourth Circuit’s reasoning and general application of that test in light of the underlying objectives of the Code. ... As a result, the Reibie Defendants’ claims arose prepetition, at the time of Mr. Reibie’s alleged asbestos exposure.

Section 101(5)(A) treats an asbestos claim as arising at first pre-petition exposure, even if exposure continues after the petition.

In Re: Johns-Manville Corporation · filed 2020-09-30(5)(A)

This Court concludes that the Bankruptcy Court correctly determined that, for purposes of federal bankruptcy law, Appellant’s asbestos claim arose pre-petition, at the time of first exposure to asbestos.

Section 101(10)(A) defines a creditor to include an entity with a claim against the debtor arising when or before a voluntary bankruptcy case begins.

Executive Office of Health & Human Services v. Kupperstein · filed 2021-01-21(10)(A)

A “creditor” includes an “entity that has a claim against the debtor” arising when or before a voluntary bankruptcy case is commenced. ... By identifying Mr. Kuhn’s probate estate and EOHHS as holders of claims on schedule E/F, Mr. Kupperstein identified those entities as creditors and ensured their standing.

Section 101(10)(A) defines a creditor as an entity with a claim against the debtor.

Rentas v. Puma Energy Caribe, LLC · filed 2021-01-11(10)(A)

The Bankruptcy Code defines a “creditor” as an “entity that has a claim against the debtor,” 11 U.S.C. § 101(10)(A), and a “claim” is defined as a “right to payment.” ... Hence, there was no genuine dispute that, at the time the Debtor transferred $100,000 to MAPFRE, MAPFRE was not a “creditor” of the Debtor and the transfer in question was not “for or on account of an antecedent debt” owed by the Debtor.

Section 101 treats an entity with a right to payment from the debtor as a creditor because that right is a claim.

Tabitha Baker v. Bank of America, N.A. · filed 2020-12-29(5)(A), (10)

In addition to having standing by virtue of its acting on behalf of the Bank of New York Mellon, BANA also had standing as a “creditor” because it had a “claim” against Baker (in the form of a “right to payment”).

Section 101(5) defines a claim by the right to payment, which the beneficial bond owners held in this case.

The Young Men's Christian Association of Tope · filed 2020-12-14(5)

The holder of a claim is the one who has a “right to payment.”

Section 101(5)(A) includes contingent, unmatured, or disputed contractual obligations within the definition of a claim.

Sommers v. Anixter, Inc. · filed 2020-12-21(5)(A)

Assuming the facts pled are true, even though Trailhead’s obligation to Targa under the EPC may have been “contingent . . . unmatured, [or] disputed,” it still constitutes a claim.

Under the 1983 version of § 101(4)(A), a contingent asbestos claim may arise from prepetition exposure even when the injury appears after bankruptcy and the claim has not accrued under state law.

United Refining Company · filed 2021-01-16(4)(A)

Thus, a contingent claim includes asbestos related claims like the Estate’s, where the exposure occurs prepetition and the injury manifests postpetition. And this includes claims that do not accrue under state law because they are still prepetition claims under the Bankruptcy Code.

Section 101(5) defines a claim broadly enough to include a right to payment that the claimant could fairly contemplate before bankruptcy, even if the cause of action had not yet accrued.

Burton v. Sanders · filed 2021-01-19(5)

Thus, Plaintiff did not neglect his claims and the eventual invalidation of his conviction and his claims against the City were within his “fair contemplation” before the City declared bankruptcy, and therefore are barred by the City’s bankruptcy.

Section 101(5)(A) defines a claim as a right to payment, including the IRS’s statutory right to income taxes even without an assessment or an attached Form 4340.

David H. Zimmer · filed 2021-01-22(5)(A)

Under the Bankruptcy Code, a “claim” is a “right to payment.” 11 U.S.C. § 101(5)(A). The IRS’s right to payment of income taxes arises by statute regardless of when or even whether an assessment is made and regardless of whether a Form 4340 is attached to the proof of claim filed by the IRS.

Section 101(5) defines a claim as a right to payment; a bondholder's claim duplicates a trustee's claim when both seek payment of the same principal and interest.

Pinto Lugo v. Commw. of Puerto Rico · filed 2021-02-08(5)

As relevant here, a claim is a "right to payment." 11 U.S.C. § 101(5) (incorporated by 48 U.S.C. § 2161). ... That is what he seeks on this appeal. And that is exactly the payment sought on his behalf by the trustee: full payment of principal and interest under the bonds.

Section 101(5)(A) includes contingent rights to payment for contract damages and statutory foreclosure fees when those claims were within the parties’ fair contemplation.

Ditech Holding Corporation · filed 2020-11-30(5)(A)

As it was in the fair contemplation of the parties that Ditech could breach the notice provisions in sections 20 and 22 of the Mortgage, it follows that it was in the fair contemplation of the parties that the Sharmas could assert claims for compensatory damages under the Mortgage, as well as claims for attorney’s fees and costs under the Illinois Mortgage Foreclosure Law.

A claim includes a contingent right to payment, even when the debtor can avoid payment by serving a prison sentence.

UNITED STATES TRUSTEE v. Thompson, Jr. (TRNSFD TO WESTERN DIV) · filed 2020-12-01(5)

His ability to escape the obligation makes his debt contingent. But because § 101(5) explicitly defines the term claim to include a “contingent” “right to payment,” it does not excuse his nondisclosure.

Section 101 defines a creditor as an entity with a claim against the debtor arising by the order for relief, and a claim as a right to payment whether or not reduced to judgment.

Mills v. Seawright · filed 2021-03-01(10)(A), (5)(A)

“A creditor is an entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor. A claim is defined as a right to payment, whether or not such right is reduced to judgment.” In re Davis, 194 F.3d 570, 574 (5th Cir. 1999) (quoting 11 U.S.C. § 101(10)(A) and (5)(A)). ... It is plain that the receiver is a creditor with standing. She has a claim against Seawright for damages to the receivership estate that arose before these proceedings. That her claim has not yet been reduced to judgment is irrelevant under controlling law. See id.

Accounting for a lifetime advance by reducing a trust beneficiary’s inheritance does not create a claim or debt when the trustee seeks no payment from the beneficiary.

In re: Lisa Gay Mellem · filed 2021-02-22(5), (12)

In short, after parsing the definition of “debt” through the matrix of § 101(5) and § 101(12) and the concept of “personal liability,” we are convinced that the bankruptcy judge correctly ruled that no “debt” was implicated in the Probate Court instructions.

Section 101(5)(A) includes contingent claims in the Bankruptcy Code’s definition of “claim,” allowing a claim to be asserted before liability is triggered.

Board of Trustees of the MEBA Pension Trust - Defi v. CG Railway, LLC, d/b/a CG Railway, Inc. · filed 2021-02-16(5)(A)

The Pension Plans could assert contingent claims for withdrawal liability in the bankruptcy cases before withdrawal liability was actually triggered because the Bankruptcy Code defines “claim” to include a contingent claim.

Section 101(5) treats disputed tax liabilities as claims.

In Re: Waters · filed 2021-03-31(5)

It is undisputed that the IRS had claims against Waters within the meaning of § 101(5) that arose prepetition -- namely, Waters’ contested 1988, 1990, 1991, 1992 and 1995 tax liabilities.

Section 101(5)(A) includes a right to payment in the definition of a claim even when that right has not been reduced to judgment.

Rancher's Legacy Meat Co. · filed 2021-06-03(5)(A)

In turn, 11 U.S.C. § 101(5)(A) defines a “claim” as “a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” ... Therefore, the fact that Rancher’s had not reduced its claim to judgment is of no consequence – particularly because the parties have each acknowledged the $126,800.00 dollar amount of the damages resulting from the late shipment.

A creditor has a claim against a debtor’s estate only to the extent the creditor has a right to payment from that debtor.

JOSEPH LOUIS MELZ · filed 2021-05-17(5)

A creditor holds a claim against a debtor’s estate only to the extent that it has a “right to payment” for the asserted liability.

Section 101 defines a claim as a right to payment and a creditor as an entity with a claim against the debtor; an entity whose right to payment has been satisfied is not a creditor.

Vera T. Welte Testamentary Trust · filed 2021-04-22(10), (5)(A)

There is no claim remaining for the Rand Estate to assert. Section 101(10) defines a creditor as an entity having a claim against the debtor and section 101(5)(A) defines a claim as any right to payment. The Rand Estate’s right to payment was satisfied prior to the bankruptcy. Thus, it does not have an enforceable claim and is not a creditor.

Section 101(10)(A) treats a holder of a claim under a personal guaranty as a creditor who may object to discharge, even before liability on the guaranty is established.

Treasures London Limited v. Keswani · filed 2021-05-13(10)(A)

Because Plaintiffs hold “claims” against the Debtor, they are “creditors” with standing to seek the denial of the Debtor’s discharge under section 727(a)(3).

A creditor under § 101(10)(A) must have a claim against the debtor; owning shares in a mutual fund that holds the debtor’s bonds does not itself give the shareholder such a claim.

Diaz Mayoral v. FOMB · filed 2021-05-27(10)(A)

A "creditor" is an "entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor." 11 U.S.C. § 101(10)(A); see also In re Melillo, 392 B.R. at 5. ... And they do not cite any provision of the Puerto Rico Investment Companies Act or other statute or any Puerto Rico case law establishing that ownership of shares in mutual funds gives them an enforceable obligation for payment directly against the Commonwealth.

Section 101 treats a contingent, disputed, unliquidated prepetition cause of action as a claim and defines debt as liability on a claim.

Nosson Sklar · filed 2021-04-20(5), (12)

Under the Bankruptcy Code, “[t]he term ‘debt’ means liability on a claim.” 11 U.S.C. § 101(12). While the Plaintiff’s claim is neither reduced to judgment nor liquidated, and is contingent and disputed, it is nevertheless a “claim” under the Bankruptcy Code. See 11 U.S.C. § 101(5). With respect to claims (i.e., causes of action) that arose prepetition, the discharge of “debts” therefore relates to the potential liability on those claims.

Section 101(5) includes a cause of action as a claim even when it is contingent, disputed, unliquidated, and not reduced to judgment.

Garcia v. Sklar · filed 2021-04-20(5)

While the Plaintiff’s claim is neither reduced to judgment nor liquidated, and is contingent and disputed, it is nevertheless a “claim” under the Bankruptcy Code.

Section 101(5)(A) defines a claim as a right to payment, including one based on events that occurred before the creditor filed suit.

(PS) Gianelli v. Schoenfeld · filed 2021-05-25(5)(A)

“In this context, a debt is defined as liability on a claim,” In re Jackson, 2017 WL 2371111, at *4 (Bankr. D. Conn. May 30, 2017), and the term “claim” means “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). ... Here, although plaintiff did not sue PG&E until January 2021, she is asserting a legal right to payment based on events that concluded in August 2017.

Section 101(5) defines a claim as a right to payment or an equitable remedy for a breach that gives rise to a right to payment; injunctive relief with no payment remedy falls outside that definition.

Maury v. Ventura In Manhattan, Inc. · filed 2021-06-10(5)

A dischargeable “claim” is one that is either a “right to payment” or a “right to an equitable remedy for breach of performance if such breach gives rise to a right to payment.” 11 U.S.C. § 101(5)(A)-(B). ... The injunctive relief Plaintiff seeks is not one for breach giving rise to payment. ... Accordingly, it does not comprise a claim from which VSM acquired the Fairway business “free and clear.”

Section 101(10)(A) treats a seller with a prepetition claim against the debtor as a creditor, even if the parties expected another company to acquire the contract.

Felicia M Nunn · filed 2021-04-15(10)(A)

It is abundantly clear from the tone of Dotlen’s filings that it does not want to be a creditor in this case; however, the fact remains that Dotlen is, in fact, a creditor of the Debtor under 11 U.S.C. § 101(10)(A)4 and holds a claim against the Debtor pursuant to 11 U.S.C. § 101(5)(A).

Section 101(10)(A) defines a creditor as an entity with a claim against the debtor that arose before or at the order for relief.

Linda Diane Turner · filed 2021-04-15(10)(A)

It is abundantly clear from the tone of Dotlen’s filings that it does not want to be a creditor in this case; however, the fact remains that Dotlen is, in fact, a creditor of the Debtor under 11 U.S.C. § 101(10)(A)4 and holds a claim against the Debtor pursuant to 11 U.S.C. § 101(5)(A).

Section 101(10)’s definition of “creditor” excludes the holder of an administrative expense claim under § 503.

Trigee Foundation Inc v. Sherman · filed 2021-05-24(10)

The definition of “creditor” in 11 U.S.C. § 101(10) does not include the holder of an administrative expense claim under 11 U.S.C. § 503.

Section 101(5) does not treat a gift as a claim entitling the giver to file a proof of claim.

David James Covall · filed 2021-06-24(5)

Clearly a gift is not a “claim” which would entitle a person to file a proof of claim.

Section 101(5)(A) treats a right to repayment of an interest-free loan as a claim.

McCarty v. Perrine · filed 2021-07-30(5)(A)

As such, Plaintiffs’ have a right to payment and, therefore, hold a claim against Debtor as that term is defined in §101(5)(A) of the Bankruptcy Code.

Section 101(5) includes a seller’s right to payment under an installment land sale contract in the definition of a claim.

Lovelace, III v. CSB Logistics, llc · filed 2021-08-02(5)

Accordingly, Plaintiff owns an interest in the Property, subject to the claim for repayment of the amount owed under the Contract, and that claim is a “claim” within the meaning of the Bankruptcy Code that can be treated under Plaintiff’s Chapter 13 plan, In re Dry Creek Farms, LLC, 2011 WL 9210473, at *4 (“These rights of a seller under an installment land sale contract constitute a ‘claim’ within the definition of 11 U.S.C. § 101(5).”).

Section 101(5)(B) treats an equitable remedy as a claim only if breach of performance gives rise to a right to payment.

CACI, Inc. -- FEDERAL v. Ngo · filed 2021-07-02(5)(B)

It necessarily follows that the injunctive relief awarded to CACI does not constitute a “right to an equitable remedy for breach of performance if such breach gives rise to a right to payment” under Bankruptcy Code Section 101(5)(B).

Section 101(10)(A) includes an entity with a disputed claim within the definition of creditor, even when the underlying mortgage is challenged as invalid.

Gweneth Douglass Powers v. Chadwell Homes of Alabama LLC · filed 2021-07-13(10)(A)

Regardless of whether the underlying mortgage is valid or the debt is disputed, Chadwell is still a “creditor” for purposes of the bankruptcy code.

Section 101 treats liability under a prepetition continuing guaranty as a contingent claim and debt, even when the guaranty covers future obligations.

Reinhart FoodService L.L.C. v. Schlundt · filed 2021-08-19(5)(A), (12)

The term “debt” means liability on a claim. 11 U.S.C. § 101(12). The term “claim” means a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). ... In sum, Schlundt assumed a contingent liability at the time he signed the guaranty.

Section 101(5)'s definition of a claim excludes defensive recoupment, which reduces a plaintiff's demand rather than seeking payment from the debtor.

Gaynor v. Slade · filed 2021-09-02(5)

Because recoupment is used as a defense, there is no “debt” or “claim” against the estate property.

Section 101(5)(A) defines a claim broadly enough to include a right to payment secured by property the debtor co-owns, even when the debtor is not personally liable.

Michele Anne Washington · filed 2021-09-23(5)(A)

Mindful that Congress intended to incorporate the broadest available definition of “claim” subject to inclusion in an approved chapter 13 reorganization plan, the Court concludes there is a right to payment that can properly be treated in the Debtor’s plan.

A lender with a proven right to payment is a creditor under § 101(10) even if the signed promissory note is missing.

Matthew D. Daniels and Jaclyn E. Daniels · filed 2021-10-14(10)

For the reasons that follow, the Court concludes Van Grootheest is a creditor and a party in interest.

Section 101(5)(A) includes contingent and unmatured rights to payment in its definition of a claim, even when events giving rise to the claim have not all occurred.

WVSV Holdings LLC v. 10K LLC · filed 2021-10-19(5)(A)

More generally, Section 101(5)(A) illustrates that there is no bright line rule that all necessary events giving rise to a claim need to have taken place.

Section 101(5) defines a claim broadly enough to include a right to payment that has not been reduced to judgment.

SR Construction Inc v. Hall Palm Springs LLC · filed 2021-11-15(5)

Under this broad definition, SRC had a claim because it had a “right to payment, whether or not . . . reduced to judgment.” 11 U.S.C. § 101(5).

Section 101(5) treats a creditor’s right to proceeds from the sale of collateral as a claim.

Shane Michael Myers · filed 2021-11-19(5)

Blue Ridge has a right to payment through its right to the proceeds from the sale of the Boat. This right, standing alone, establishes that Blue Ridge has a claim which can be included in, and modified by, the Debtor’s Chapter 13 plan.

Section 101(5)(A) includes a right to payment in the definition of a claim even when the damages are unmatured, unfixed, or unliquidated when bankruptcy begins.

Cynthia Leigh Smith · filed 2021-11-19(5)(A)

The Bankruptcy Code defines “claim” as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.” 11 U.S.C. § 101(5)(A). Any damages attributable to the debtor’s breach of the prebankruptcy MDA are a prepetition “claim” even though some or all the damages remained unmatured, unfixed, or unliquidated when the debtor’s bankruptcy case was filed.

Section 101(10)(B) includes a landlord as a creditor when rejection of an unexpired lease gives the landlord a claim under § 502(g), even if the debtor was current on rent when the bankruptcy began.

Sara M. Blessing · filed 2021-10-19(10)(B)

In addition, the definition of “creditor” in 11 U.S.C. § 101(10)(B) specifically includes entities with a claim under 11 U.S.C. § 502(g) resulting from the rejection of an unexpired lease or executory contract.

Section 101(5)(A) includes a right to payment for a contemplated future breach of a prepetition contract as a contingent prepetition claim.

Ditech Holding Corporation · filed 2021-10-21(5)(A)

Where parties contemplate the possibility of future breach in their contracts, such breaches are treated as contingent prepetition claims rather than post-petition claims.

Municipal tax liens are debts under § 101(12), and their holder has a claim under § 101(5).

Louis Roman · filed 2021-12-03(5), (12)

Unlike Weldon, the issues in this case are whether: (i) municipal tax liens are “debts” within the meaning of 11 U.S.C. § 101(12); (ii) Benchmark has a “claim” as defined in 11 U.S.C. § 101(5); and (iii) Benchmark is a creditor whose claim is secured by an interest in the Property entitled to seek in rem relief. The Court finds the tax liens are debts of the Debtor, Benchmark holds a claim against the Debtor, and Benchmark is a creditor whose claim is secured by an interest in the Property and therefore is entitled to seek in rem relief.

Section 101 includes unmatured rent obligations under an existing lease within a prepetition claim.

Marvin Gaye Gordon · filed 2021-12-10(5)(A)

Because a claim for unmatured rent is a prepetition claim, it is subject to the discharge injunction.

Section 101 defines a claim as a right to payment or an equitable remedy and a debt as liability on a claim.

Strategic Partners, Inc. v. Steuernagel · filed 2021-12-13(5), (12)

The Bankruptcy Code defines “debt” as a “liability on a claim.” 11 U.S.C. § 101(12). A “claim” is defined as either a right to payment or a right to equitable remedy. 11 U.S.C. § 101(5). Thus, for Singer to succeed on any claim of nondischargeability under section 523 against Defendant, Singer must show he has a right to payment or equitable remedy from Steuernagel. Based on the facts in the record, however, there is no genuine dispute that Singer has no right to payment from Defendant.

Section 101(5)(A) includes contingent contractual rights to payment, including rights to attorneys’ fees, in the definition of a claim.

U.S. Bank, National Association v. Tara Retail Group, LLC · filed 2021-12-27(5)(A)

As a result, both U.S. Bank and Comm 2013 have contingent rights to payment under the Loan Agreement and these rights therefore qualify as Section 101(5)(A) “claims.”

Section 101(5) includes a right to payment arising from a breached divorce decree within the definition of a bankruptcy claim.

Emilia O Marion · filed 2022-01-14(5)(A)-(B)

Applying the provisions of § 101(5) and the Supreme Court’s interpretation of that Bankruptcy Code provision, Debtor’s obligations under the Final Decree give rise to a claim of Creditor that may be addressed in Debtor’s Chapter 13 plan.

Section 101(5)(A) treats a PPP loan obligation as a claim even if the loan may later be forgiven.

Player's Poker Club, Inc. · filed 2022-02-04(5)(A)

Absent evidence establishing that the PPP loans had been forgiven at the time the petition was filed, there is nothing incorrect about listing them as claims. That the debt may be forgiven makes it no less a claim.

Section 101(5) defines a claim to include a right to payment that is unliquidated or has not been reduced to judgment.

Reyes v. Ranciato · filed 2022-02-08(5)

In turn, a “claim” is broadly defined in § 101(5) as a right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

Section 101(5)’s definition of “claim” covers counterclaims for breach of contract and intentional infliction of emotional distress.

DirectBuy, Inc. v. Buy Direct, LLC · filed 2022-03-08(5)

Defendants’ counterclaims for breach of contract and intentional infliction of emotional distress fall within the definition of “claims.”

Section 101(10)(A) defines a creditor by reference to a claim arising by the order for relief; if no order for relief is entered in an involuntary case, the petitioners are not creditors under that definition.

Visium Technologies, Inc. v. Tarpon Bay Partners, LLC · filed 2022-01-25(10)(A)

So if an order for relief is not entered, then the entities filing the petition are not “creditors” as that term is defined in the Bankruptcy Code.

Section 101(10) defines a creditor as an entity with a claim against the debtor; a person with no remaining right to payment is not a creditor.

Frankenberger v. Cimba · filed 2022-02-15(10)

The Bankruptcy Code defines a “creditor” as any “entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor.” 11 U.S.C. § 101(10). ... Since Denis acknowledged that these loans were satisfied prior to the commencement of Daniel’s bankruptcy case, Denis has no right to payment from Debtor, does not hold a claim and therefore cannot be classified as a creditor.

A holder of a valid mortgage on the debtor’s property has a claim under § 101(5) and qualifies as a creditor under § 101(10).

Haffey v. Deutsche Bank Company Americas · filed 2022-03-30(5), (10)

Because Deutsche Bank holds a mortgage interest in the Farm, the Bankruptcy Court correctly concluded that Deutsche Bank is a creditor with a proper proof of claim.

Section 101(5) includes an unmatured right to payment, so sending an invoice after a bankruptcy petition does not turn a prepetition expense into a postpetition claim.

In re Michelle Dougherty-Kelsay · filed 2022-03-21(5)

Under the Code, a claim is a right to payment, whether matured, unmatured, or disputed. 11 U.S.C. § 101(5). It arises regardless of enforcement efforts.

Section 101(5) includes a contingent, unliquidated, unmatured right to payment in the definition of a claim.

Maxus Energy Corporation · filed 2022-03-22(5)

Accordingly, Arcina had a “claim” before the Estate recovered insurance proceeds and before the relevant Bar Dates, albeit an unliquidated, contingent, and unmatured claim, for which it needed to file a proof of claim.

Section 101(5)(A)’s definition of a claim includes a contingent right to attorneys’ fees arising from a lawsuit filed before bankruptcy, even if entitlement to the fees is determined later.

BELL v. INTEGRITY WHOLESALE FURNITURE, LLC · filed 2022-03-28(5)(A)

Thus, Bell's filing this action in 2018 gave rise to Integrity's claim for attorneys' fees. ... As a result, the Court determines that Integrity's claim to attorneys' fees is a pre-petition claim and subject to the automatic stay.

An injunction with no right to payment or payment alternative is not a claim under § 101(5) or a debt under § 101(12).

Sterling Automotive Group, Inc. v. Reyes · filed 2022-03-22(5)(B)

The Court finds that the permanent injunction here is not a “debt” that can be discharged in bankruptcy because it is not, on its face, a claim reducible to a money judgment.

A claim can be a right to payment without a judgment, and a debt is liability on a claim.

Ibrahim v. Sabri · filed 2022-03-24(5)(A), (12)

With or without a judgment, Sabri may be liable to Ibrahim on a debt that, if adjudged to be for a willful and malicious injury to Ibrahim, is nondischargeable under §523(a)(6). See 11 U.S.C. §101(5)(A) & (12) (defining “claim” in relevant part as a “right to payment, whether or not such right is reduced to judgment”, and “debt” as “liability on a claim”).

Section 101(10)(B) treats an entity with a contingent claim arising from recoverable preferential transfers as a creditor.

TRU Creditor Litigation Trust v. UPS Supply Chain Solutions Inc. · filed 2022-03-29(10)(B)

The prepetition receipt of alleged preferential transfers establishes a right to payment contingent on those transfers being avoided. Thus, UPS had a contingent section 502(h) claim that made it a “creditor” under section 101(10)(B) of the Bankruptcy Code.

Section 101(10) requires a creditor to have a claim against the debtor; a moral obligation to repay family members does not create one.

Mostoller v. Garrett · filed 2022-04-06(10)

Debtor was under no legal obligation to his family members, none of whom could have – or would have – sought repayment from him. Simply, Defendant had no “claim” against Debtor as defined under the Bankruptcy Code, either at the time of the Transfer or as of the petition date; therefore, Defendant was not a “creditor” under the Code.

Section 101(10)(B) treats an entity with a contingent § 502(h) claim as a creditor, even if its earlier claim was paid.

TRU Creditor Litigation Trust v. UPS Supply Chain Solutions Inc. · filed 2022-04-21(10)(B)

Thus, UPS had a contingent section 502(h) claim that made it a “creditor” under section 101(10)(B) of the Bankruptcy Code.

Section 101(10)(A) includes a person whose claim arose before a debtor’s transfer, even if the claim had not yet been reduced to judgment.

Ghosh v. Mary Bao, Trustee of the Luke L. Tooley, Jr. Revoc · filed 2022-03-31(10)(A)

A person may be a “creditor” prior to entry of a judgment in their favor. ... For all these reasons, Ghosh was a “creditor” holding a “claim” at the time of the Kokomo Properties transfers within a year of the Petition Date as contemplated by § 727(a)(2)(A).

Section 101 defines a claim as a right to payment and a debt as liability on a claim; a creditor must establish the debtor’s liability before the debt can be found nondischargeable.

Lund-Ross Constructors, Inc. v. Buchanan · filed 2022-04-22(5)(A), (12)

Section 523(a)(2)(A) applies only to a “debt,” which is defined as “liability on a claim.” 11 U.S.C. § 101(12). “[C]laim” is defined as a “right to payment.” § 101(5)(A). Thus, a creditor must show that the debtor is liable on its claim before a court can determine if the debt is nondischargeable.

Section 101(5)(B) treats a right to an equitable remedy as a claim when the same breach gives rise to a right to payment, even if the breach has not yet occurred.

United States Pipe and Foundry Company LLC v. Holland · filed 2022-05-03(5)(B)

Section 101(5)(B) directs us to consider only whether the same breach “gives rise” to both the right to an equitable remedy and a right to payment. ... But the text of the statute is unambiguous that a “right to an equitable remedy” can exist before a “breach of performance” occurs.

Section 101(5)(B) treats a right to an equitable remedy as a claim when a breach can be compensated with money damages.

Hilgartner v. Yagi · filed 2022-06-30(5)(B)

And Yagi’s interest in the life insurance contract falls within the definition of a “claim” pursuant to 11 U.S.C. § 101(5)(B).

Section 101(5)(B) treats a right to an equitable remedy as a claim when a breach can be compensated with money damages.

Yagi v. Hilgartner · filed 2022-06-30(5)(B)

And Yagi’s interest in the life insurance contract falls within the definition of a “claim” pursuant to 11 U.S.C. § 101(5)(B).

Section 101(5) defines a claim to include a disputed right to payment, even when an adverse judgment remains on appeal.

SwiftAir v. Row 44 CA2/7 · filed 2022-05-12(5)

But this suggestion ignores both the Bankruptcy Code’s definition of “claim” and the fact that, because SwiftAir had appealed from the judgment, its causes of action against Row 44 in this case were not yet final.

Section 101(5) defines a claim as a right to payment, including one that is contingent or disputed.

Victor J. Salgado & Associates v. Cestero-Lopategui · filed 2022-05-12(5)

Under the Bankruptcy Code, a "claim" is a "right to payment" whether or not it is "contingent" or "disputed."

Section 101(5) does not treat a merely potential right to payment as a claim.

Appalachian Basin Capital LLC · filed 2022-06-09(5)

While “claim” is expansively defined by the Bankruptcy Code in § 101(5), a potential right to payment does not provide the basis for a claim.

Section 101(5) includes a stock subscriber’s contractual right to repayment within the definition of a claim.

Ebert v. Gecker · filed 2022-07-01(5)

In this Court’s view, Ms. Ebert’s contractual right to payment by Emerald, the debtor, falls squarely within the Bankruptcy Code’s definition of claim: it is a right to payment by the debtor.

Section 101 treats a right to payment as a claim even if it is disputed, and an entity with a prepetition claim against the debtor as a creditor.

No Rust Rebar, Inc · filed 2022-05-23(5)(A), (10)(A)

Green Tech asserts a right to payment and therefore holds a “claim” against No Rust which arose before the Petition Date, making Green Tech a “creditor” of No Rust, and a “creditor” is a “party in interest” as defined by § 1109.

Under § 101(5) and (12), a loan servicer with no right to payment or equitable remedy on a claim is owed no debt by the debtor.

White v. U.S. Department Of Education · filed 2022-05-24(5), (12)

As the loan servicer, Great Lakes does not have a “right to payment” or a “right to an equitable remedy for breach of performance” for this “claim.” Thus, “liability on a claim” for this “debt” is not owing by Plaintiff to Great Lakes.

Section 101 defines a debt as liability on a claim and a claim as a right to payment, even if the right has not been reduced to judgment.

O'Connor v. Burg · filed 2022-06-09(5), (12)

The Bankruptcy Code defines the term “debt” to mean “liability on a claim”78 and “claim” is defined as a “right to payment, whether or not such right is reduced to judgment . . . .”79 ... Notwithstanding Burg’s concession, Plaintiff has established Burg’s liability on O’Con- nor’s right to payment by a preponderance of the evidence.

Section 101 defines a claim as a right to payment and a debt as liability on a claim; the two terms are distinct.

Allen Wayne Knott and Sabrina Gale Knott · filed 2022-06-24(5)(A), (12)

While the terms are closely related, they are decidedly different. For example, although a debtor may receive a discharge of his debts (the liability), his creditors may nevertheless file a claim against the bankruptcy estate based on their right to payment. Congress used the term “debt” in section 109(e), but the Official Forms instruct the debtor to list “claims” when identifying their creditors. Because Congress specified the amount of “debt” in section 109(e), the Court will use “debt” throughout this decision when referring to the criterion.

A contingent or unliquidated right to payment is a claim under § 101(5), and its holder can be a creditor under § 101(10) without filing a proof of claim.

Haak v. Franklin, Jr. · filed 2022-08-24(5), (10)

Mr. Haak is a “creditor” holding a “claim” against Mr. Franklin because the thirty percent of proceeds obligation is a right to payment. The exact amount may not be liquidated and is contingent upon the amount of proceeds, but it is nonetheless a right to payment.

Section 101(10) defines who qualifies as a creditor under the Bankruptcy Code.

Smith, MD. v. Terry · filed 2022-08-05(10)

Notably, Dr. Smith does not meet the definition of a creditor as defined in the bankruptcy code.

Section 101(10) requires a creditor to have a claim against the debtor; a speculative claim against a future property owner does not qualify.

MA-BBO Five, LP · filed 2022-08-11(10)

Under such circumstances, the CCH Parties were not creditors (known or unknown) of the Debtors but, at best, held speculative and conjectural claims against someone other than the Debtors.

A party with no right to payment from the debtor is not the debtor’s creditor under § 101(10) merely because it might have a claim against a future property owner.

MA BB Owen LP · filed 2022-08-11(5)(A), (10)

The CCH Parties had no right to payment from the Debtors under the Transfer Fee Covenant. ... Under such circumstances, the CCH Parties were not creditors (known or unknown) of the Debtors but, at best, held speculative and conjectural claims against someone other than the Debtors.

Section 101(5)(A) defines a claim broadly enough to include a right to payment for accrued interest and tax penalties.

Shawn Wesley Egerson · filed 2022-09-30(5)(A)

The term “claim” as used in the Bankruptcy Code means a “right to payment,” and the County certainly has a right to payment for the interest and the tax penalties under this broad definition.

Section 101(5) treats an asbestos injury as a bankruptcy claim arising from prepetition exposure, even if the disease is diagnosed later.

In Re Johns-Manville Corporation · filed 2022-09-28(5)

While Mrs. Berry’s mesothelioma was not diagnosed until 2015, the relevant date is not that of her diagnosis but rather that of her asbestos exposure.

Section 101(5) includes disputed, contingent, and unliquidated claims when determining eligibility to serve on an unsecured creditors’ committee.

ROCKING M MEDIA, LLC · filed 2022-10-03(5)

For the Committee, the members are thus required to be unsecured creditors, which by definition include holders of disputed claims, continent claims, unliquidated claims, and claims secured by a lien on property of the debtor to the extent the value of the collateral is less than the amount of the claim.

Section 101(5)(A) defines a claim as a right to payment; a joint borrower has no contribution claim without paying more than a proportionate share of the debt.

Ruiz v. Ruiz · filed 2022-10-06(5)(A)

To enable the court to draw a reasonable inference that Mr. Ruiz has a claim for contribution—an enforceable right to payment—against Ms. Ruiz, Ms. Ruiz would have to have alleged that as co-borrowers on the auto loan, Mr. Ruiz paid in excess of his proportionate share of the obligation.

Section 101(5) defines a claim as a right to payment or an equitable remedy for breach, even if it has not been reduced to judgment or stated as a dollar amount.

EP Energy E&P Company, L.P. · filed 2022-11-03(5)

The Code, as amended, defines “claim” not as a dollar amount but rather as a “right to payment” or a “right to an equitable remedy for breach of performance . . . whether or not . . . reduced to judgment.” 11 U.S.C. § 101(5). Considering this context, it would be inconsistent to require a proof of claim to state a dollar amount to survive disallowance.

Section 101(5) includes a right to demand repairs as a claim even if the landlord has not given notice demanding them.

Old Market Group Holdings Corp. · filed 2022-12-13(5)

Here, the Landlord’s right to demand repairs would fall within this broad definition even if the Landlord had not given notice of its repair demands by filing the Cure Objection.

Section 101(10)(A) defines a creditor as an entity with a claim against the debtor that arose at or before the order for relief.

Dawn C. Ohlsson v. U.S. Bank National Association · filed 2022-10-12(10)(A)

A “party in interest” includes a “creditor,” which is defined as an “entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debt- or.” 11 U.S.C. § 101(10)(A). ... Accordingly, U.S. Bank is a party in interest capable of seeking relief from the auto- matic stay.

A creditor must have a claim against the debtor that arose at or before the order for relief.

Albrecht v. Thompson · filed 2022-12-07(10)(A)

Because Thompson doesn’t hold a prepetition claim, his rights are unaffected by the discharge. Thus, he lacks both statutory standing, because he is not a “creditor” under 727(e), and constitutional standing, because a judgment revoking the discharge would not benefit him.

Section 101(5) includes contingent rights to payment within the definition of a claim, including future royalties agreed to in a prepetition sale.

In Re: Mallinckrodt plc · filed 2022-12-20(5)

That claim, to repeat, depends on future sales of Acthar Gel—an agreement fully contemplated by the parties in the prepetition APA—and so it fits neatly as a contingent claim under Code § 101(5). This means it arose at the time Sanofi signed the APA.

Section 101(10)(A) defines a creditor as an entity whose claim against the debtor arose at or before the order for relief.

Anthony Jeremy Eriksen · filed 2022-12-29(10)(A)

Section 101(10)(A) in turn defines a creditor as “an entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor.” 11 U.S.C. § 101(10)(A). ... DOE’s claim is for a debt that existed at the time Debtor filed his voluntary petition.

Section 101(5)’s definition of a claim does not cover litigation over ownership of personal property rather than a right to payment or an equitable remedy.

In Re: James A. and Elizabeth C. Zachman · filed 2023-01-12(5)

Instead, as the bankruptcy court determined, the state action constituted post-bankruptcy litigation over ownership of personal property—namely, Debtor James Zachman’s membership interest in the Real Data Services limited liability company—as opposed to a claim against Debtors previously discharged in bankruptcy. Compare Del. Code Ann. tit. 6, § 18-701 (“A limited liability company interest is personal property.”), with 11 U.S.C. §§ 101(12) (defining debt as “liability on a claim”), and id. § 101(5) (defining claim as a “right to payment” or “right to an equitable remedy”).

Section 101(5)(A) includes contingent rights to payment in the definition of a claim.

Pennsylvania Lawyers Fund for Client Security v. McKee · filed 2023-01-30(5)(A)

The Court recognizes that Debtor has not yet sought reinstatement. Trial Tr. 51:25-52:2. Nevertheless, contingent claims are expressly included in the definition of a “claim” set forth in 11 U.S.C. § 101(5)(A).

Section 101(5) defines a bankruptcy claim broadly and does not require a right to payment to have been reduced to judgment.

Team Systems International, LLC · filed 2023-01-31(5)

And the point of the expansive language of § 101(5) of the Bankruptcy Code, of course, is to provide a broad meaning to a “claim” in bankruptcy – not to limit it to those that have been reduced to judgment.

Section 101(5) defines a claim as a right to payment or equitable remedy; the debtor had no claim before the law creating his right to payment took effect.

Norman L Hancock and Phyliss B Hancock · filed 2023-02-07(5)

The Debtor did not have a claim within the meaning of the Bankruptcy Code until August 10, 2022 – which occurred after the Petition Date.

Section 101(5)(A) defines a claim as a right to payment; creditors with individually enforceable shares of a divisible judgment each hold a claim.

In Re: Richard Priddis v. Sony Music Publishing (Us) LLC · filed 2023-02-24(5)(A)

Thus, under the text of § 303(b) and § 101(5), the Petitioning Creditors have “noncontingent, undisputed claims” because the $3 million amount is not in dispute, and, as counsel for Priddis admitted at oral argument, they each have a “right to payment” of some portion of the judgment.

Section 101(5) defines a claim broadly enough to include a right to payment that has not been reduced to judgment.

Miller v. Mott · filed 2023-01-31(5)

And the point of the expansive language of § 101(5) of the Bankruptcy Code, of course, is to provide a broad meaning to a “claim” in bankruptcy – not to limit it to those that have been reduced to judgment.

Unfilled prepetition purchase orders can give a customer a claim under § 101(5), making the customer a creditor under § 101(10)(A).

Engineered Floors, LLC v. Beaulieu of America, Inc. · filed 2023-04-11(5), (10)(A)

A creditor is defined by the Bankruptcy Code as an “entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor[.]” 11 U.S.C. § 101(10)(A). ... Thus, Lakeshore had a claim consisting of either a right to payment or a right to an equitable remedy, 11 U.S.C. § 101(5), which made it a creditor.

Section 101 defines a creditor’s claim against a bankruptcy estate as requiring a right to payment for the asserted liabilities and an otherwise allowable claim.

The Roman Catholic Diocese of Rockville Centre, Ne · filed 2023-05-01(5)(A), (10)

Section 101 of the Bankruptcy Code provides that a creditor holds a claim against a bankruptcy estate only to the extent that (a) it has a “right to payment” for the asserted liabilities and (b) is otherwise allowable.

Section 101(5)(A) includes obligations under a prepetition contract as claims even when a postpetition event triggers payment.

Christopher Blanco · filed 2023-04-10(5)(A)

The decisions in Christian Life Center, SNTL, and Goudelock, as well as the various other decisions cited and discussed above, make clear that any obligations owed under the debtor’s prepetition contracts are prepetition claims, even if the specific liability under those contracts was triggered and crystalized postpetition.

Section 101 defines a creditor’s claim against a bankruptcy estate by reference to a right to payment for the asserted liability.

The Roman Catholic Diocese of Rockville Centre, Ne · filed 2023-04-19(5)(A), (10)

Section 101 of the Bankruptcy Code provides that a creditor holds a claim against a bankruptcy estate only to the extent that (a) it has a “right to payment” for the asserted liabilities and (b) is otherwise allowable.

Section 101(10)(A) treats a guarantor with a contingent right to payment as a creditor of the debtor.

In Re: Katsock · filed 2023-04-19(10)(A)

“Sections 101(5)(A) and 101(10)(A) of Title 11 provide that a guarantor is a creditor of the debtor, because a guarantor has a contingent right to payment.” ... Thus, the Bankruptcy Court did not err in considering Mr. Witchey a creditor of the Debtor when making its conflict of interest finding.

Section 101(5) defines a claim as a right to payment or an equitable remedy for breach of performance that gives rise to a right to payment.

In Re: James Keenan v. Curtin · filed 2023-05-15(5)

Under the Bankruptcy Code, a “claim” is a “right to payment” or a “right to an equitable remedy for breach of performance if such breach gives rise to a right to payment.” 11 U.S.C. § 101(5). The state court judgment granted only equitable relief and afforded Curtin no right to a monetary remedy.

Section 101(5)(A) includes a right to payment within the definition of a claim even if it is not yet enforceable under nonbankruptcy law when the bankruptcy petition is filed.

Cindy B Scherman · filed 2023-05-24(5)(A)

Consequently, “a right to payment that is not yet enforceable at the time of filing of the petition under non-bankruptcy law, may be defined as a claim” under § 101(5)(A) and may be discharged as a prepetition debt.

Section 101(5) defines a claim broadly enough to include a tax lien purchaser’s non-recourse right to payment or an equitable remedy.

Sunset Harbour, LLC v. Anderson · filed 2023-06-14(5)

Using a broad definition of “claim” as instructed by the Supreme Court, this Court finds that Nebraska Alliance Realty Company had a “right to an equitable remedy for breach of performance” as the holder of a non-recourse tax lien that could have been equitably enforced by obtaining a judgment in a suit to quiet title or, alternatively, it had a “right to payment” of the redemption amount if paid by the Debtor to the City of New Orleans as indicated in the Tax Sale Certificate.

Section 101(5)’s definition of “claim” covers rights to duty disability retirement benefits and associated seniority rights against a debtor city.

City of Detroit, Michigan · filed 2023-09-18(5)

As relevant here, when the City filed this bankruptcy case, each Respondent had a claim against the City, in the form of rights to a duty disability retirement benefit and associated seniority rights under the pre-2014 CBA. Those rights continued to exist, as modified by the 2014 CBA and the Confirmation Order, when the Confirmation Order was entered. Such rights gave each of the Respondents a “claim” against the City.

A speculative fee payable only by future property purchasers is not a claim against the debtor and does not make the fee recipient a creditor.

Covenant Clearinghouse, LLC v. Trinity Falls Holdings, L.P. · filed 2023-09-20(5)(A), (10)(A)

Such a speculative, future possibility of retaining 3% of a portion of a fee owed to the Debtors is not a “right to payment” from the debtor within the Bankruptcy Code’s meaning. See 11 U.S.C. § 101(5)(A).

Section 101 treats liability on a contingent claim as a debt; a claim can arise when an agreement creates an obligation to pay future amounts.

Zurich American Insurance Company v. Hardin, III · filed 2023-09-22(5), (12)

Accordingly, the alleged facts demonstrate that a relationship between Zurich and Hardin was created by the signing of the insurance agreements, and that Hardin had already engaged in the conduct necessary to create a claim and a debt, regardless of what he did after the signing.

A debt is liability on a claim, which may be unliquidated, so a bankruptcy court may decide dischargeability before damages are determined.

Tri-State Surgical Supply & Equipment LTD. v. McKinnon · filed 2023-09-25(5)(A), (12)

Section 523 governs the exception to the dischargeabilty of a “debt,” which is defined simply as a “liability on a claim.” 11 U.S.C. § 101(12). A claim, in turn, is defined as a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.” 11 U.S.C. § 101(5)(A). These definitions reflect that bankruptcy courts may determine whether unliquidated debts are dischargeable without addressing the extent of the damages.

Section 101(5)(A) includes rights to payment without a judgment as claims to consider when evaluating solvency.

Ballantyne Brands, LLC v. Millard · filed 2023-10-02(5)(A)

Thus, a court must consider any “right to payment, whether or not such right is reduced to judgment” in its evaluation of a company’s solvency.

Section 101(5)(A) includes rights to payment that have not been reduced to judgment among the claims considered when assessing solvency.

Ballantyne Brands, LLC v. Wiesehan · filed 2023-10-02(5)(A)

And a “claim” is a “right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured . . . .” 11 U.S.C. § 101(5)(A). Thus, a court must consider any “right to payment, whether or not such right is reduced to judgment” in its evaluation of a company’s solvency.

Section 101(5)(B) can treat an enforceable right to sell property as receiver after a debtor’s breach as a claim.

In Re: Christopher Mongiello · filed 2025-01-17(5)(B)

This is “an enforceable obligation,” In re Johns-Manville Corp., 552 B.R. at 231, sufficient to constitute a “claim” under the Bankruptcy Code.