All claims against the financial institution, action upon which has not been commenced prior to the time the department took possession, shall be presented in the regular manner provided by this chapter for the presentation of claims. Neither a depositor or other creditor of the financial institution nor any other claimant may maintain any action at law or in equity upon such claim, except by regular method provided by this chapter for exceptions to the accounting of the department as receiver. However, an action for the return of specific property or property with respect to which the plaintiff holds a perfected security interest or security title which could have been recovered by the plaintiff from the financial institution in receivership may be maintained in the principal court against the department in its name as receiver of the financial institution. All actions pending against the financial institution when the department takes possession shall be automatically stayed during the receivership, provided that all such actions, except those specified in subsection (b) of Code Section 7-1-190, may proceed with prior approval of the principal court.
History. Code 1933, § 41A-802, enacted by Ga. L. 1974, p. 705, § 1.
Structure Georgia Code
Chapter 1 - Financial Institutions
Part 8 - Claims, Priorities, and Accounting in Receiverships
§ 7-1-190. Preservation of Assets; Proceedings in Lieu of Attachment, Execution, or Repossession
§ 7-1-191. Exclusivity of Claims Procedure; Effect of Receivership on Pending Actions
§ 7-1-192. Notice to Depositors and Other Creditors to Present Claims
§ 7-1-193. Proof of Claims of Depositors
§ 7-1-194. Proof of Claims of Creditors
§ 7-1-195. Allowance of Claims
§ 7-1-196. Advance Payment of Dividends to Depositors
§ 7-1-197. Expenses of Administration
§ 7-1-198. Filing or Ordering Partial or Final Account; Notice of Filing; Exceptions
§ 7-1-199. Adjudication of Rejected Claims and Exceptions to Account
§ 7-1-201. Unclaimed Dividends
§ 7-1-202. Order of Payment of Liabilities; Secured or Preferred Claims and Liens
§ 7-1-203. Subrogation of Insurer of Deposits or Shares