Texas Finance Code - Section 36.302. Proof Of Claim
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§ 36.302. PROOF OF CLAIM. (a) A proof of claim must be in
writing, be signed by the claimant, and include:
(1) a statement of the claim;
(2) a description of the consideration for the claim;
(3) a statement of whether collateral is held or a
security interest is asserted against the claim and, if so, a
description of the collateral or security interest;
(4) a statement of any right of priority of payment for
the claim or other specific right asserted by the claimant;
(5) a statement of whether a payment has been made on
the claim and, if so, the amount and source of the payment, to the
extent known by the claimant;
(6) a statement that the amount claimed is justly owed
by the bank in liquidation to the claimant; and
(7) any other matter that is required by the court.
(b) The receiver may designate the form of the proof of
claim. A proof of claim must be filed under oath unless the oath is
waived by the receiver. A proof of claim filed with the receiver is
considered filed in an official proceeding for purposes of Chapter
37, Penal Code.
(c) If a claim is founded on a written instrument, the
original instrument, unless lost or destroyed, must be filed with
the proof of claim. After the instrument is filed, the receiver may
permit the claimant to substitute a copy of the instrument until the
final disposition of the claim. If the instrument is lost or
destroyed, a statement of that fact and of the circumstances of the
loss or destruction must be filed under oath with the claim.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
Section: 36.222 36.223 36.224 36.225 36.226 36.227 36.301 36.302 36.303 36.304 36.305 36.306 36.307 36.308 36.309
Last modified: August 10, 2007
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