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Texas Finance Code - Section 36.301. Filing Claim

Legal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Section 36.301. Filing Claim

§ 36.301. FILING CLAIM. (a) This section applies only to a claim by a person, other than a shareholder, participant, or participant-transferee acting in that capacity, who has a claim against a state bank in liquidation, including a claimant with a secured claim and a claimant under a fiduciary relationship who has been ordered by the receiver to file a proof of claim under Section 36.223. (b) To receive payment of a claim, the person must present proof of the claim to the receiver: (1) at a place specified by the receiver; and (2) within the period specified by the receiver under Section 36.205. (c) A claim that is not filed within the period specified by the receiver may not participate in a distribution of the assets by the receiver, except that, subject to court approval, the receiver may accept a claim filed not later than the 180th day after the date notice of the claimant's right to file a proof of claim is mailed to the claimant. (d) A claim accepted and approved under Subsection (c) is subordinate to an approved claim of a general creditor. (e) Interest does not accrue on a claim after the date the bank is closed for liquidation. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.

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Last modified: August 10, 2007