26-1018. PAYMENT OF CLAIMS. Claims presented to the director prior to the expiration of the time fixed in the notice to creditors therefor, and allowed by him, shall be paid in the order of priority hereinafter fixed. Those filed after such expiration and prior to one (1) year thereafter shall be entitled, after they have been allowed by the director, to share in the distribution of the assets of the bank only to the extent of the assets undistributed in the hands of the director and available for the payment of claims of their order of priority at the time such claims are filed, but as against other claims of their same order of priority, on which dividends have been paid, they shall be entitled to payment in a proportionate amount before further payments are made on such other claims. All claims filed after the expiration of one (1) year following the date fixed in the notice to creditors as the time for presentation of claims are not entitled to be allowed or paid unless all other creditors’ claims of any kind or character, except claims of shareholders, based on stock or assessments paid on stock, shall have been fully paid and discharged, and a surplus remains in the hands of the director, and then only from such surplus.
History:
[26-1018, added 1979, ch. 41, sec. 2, p. 109.]
Structure Idaho Code
Chapter 10 - CLOSING AND LIQUIDATION OF BANKS
Section 26-1001 - GROUNDS FOR CLOSING BANK.
Section 26-1002 - PENALTY FOR CLOSING BANK WITH CRIMINAL INTENT.
Section 26-1003 - RECEIVING DEPOSITS WHEN INSOLVENT.
Section 26-1004 - BANK MAY BE PLACED IN DIRECTOR’S POSSESSION.
Section 26-1005 - EFFECT OF POSTING NOTICE.
Section 26-1006 - TAKING POSSESSION OF BANK — NOTICE.
Section 26-1007 - RESUMPTION AFTER CLOSING.
Section 26-1008 - POWERS OF DIRECTOR ON CLOSING BANK.
Section 26-1009 - RECOURSE OF AGGRIEVED BANK.
Section 26-1010 - DIRECTOR MAY APPOINT AGENTS.
Section 26-1011 - FEDERAL DEPOSIT INSURANCE CORPORATION — RIGHT TO ACT AS RECEIVER OR LIQUIDATOR.
Section 26-1015 - ENFORCEMENT OF INDIVIDUAL LIABILITY OF DIRECTORS OF CLOSED BANK.
Section 26-1016 - NOTICE TO CREDITORS OF INSOLVENT BANK.
Section 26-1017 - CLAIMS — ALLOWANCE AND REJECTION.
Section 26-1018 - PAYMENT OF CLAIMS.
Section 26-1019 - CLAIMS — ORDER OF PAYMENT — PRIORITIES.
Section 26-1021 - STATEMENT OF CONDITION.
Section 26-1022 - DEPOSIT OF FUNDS IN DIRECTOR’S HANDS.
Section 26-1023 - DISPOSITION OF UNCLAIMED FUNDS.
Section 26-1024 - DISPOSITION OF ASSETS REMAINING AFTER PAYMENT OF CLAIMS.
Section 26-1025 - BORROWING MONEY TO FACILITATE LIQUIDATION OR REOPENING OF BANK.