Indiana Code
Chapter 4. Bank Deposits and Collections
26-1-4-216. Insolvency and Preference

Sec. 216. (a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank's customer.
(b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.
(c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.
(d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.
As added by P.L.222-1993, SEC.32.

Structure Indiana Code

Indiana Code

Title 26. Commercial Law

Article 1. Uniform Commercial Code

Chapter 4. Bank Deposits and Collections

26-1-4-101. Short Title

26-1-4-102. Applicability

26-1-4-102.5. Application of Bank Provisions to Supervised Financial Organizations

26-1-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

26-1-4-104. Definitions and Index of Definitions

26-1-4-105. "Bank"; "Depositary Bank"; "Payor Bank"; "Intermediary Bank"; "Collecting Bank"; "Presenting Bank"

26-1-4-106. Payable Through or Payable at Bank; Collecting Bank

26-1-4-107. Separate Office of Bank

26-1-4-108. Time of Receipt of Items

26-1-4-109. Delays

26-1-4-110. Electronic Presentment

26-1-4-111. Statute of Limitations

26-1-4-201. Status of Collecting Banks as Agent and Provisional Status of Credits; Applicability of Chapter; Item Endorsed "Pay Any Bank"

26-1-4-202. Responsibility for Collection or Return; When Action Timely

26-1-4-203. Effect of Instructions

26-1-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank

26-1-4-205. Depositary Bank Holder of Unendorsed Items

26-1-4-206. Transfer Between Banks

26-1-4-207. Transfer Warranties

26-1-4-208. Presentment Warranties

26-1-4-209. Encoding and Retention Warranties

26-1-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents, and Proceeds

26-1-4-211. When Bank Gives Value for Purposes of Holder in Due Course

26-1-4-212. Presentment by Notice of Item Not Payable By, Through, or at Bank; Liability of Drawer or Endorser

26-1-4-213. Medium and Time of Settlement by Bank

26-1-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item

26-1-4-215. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal

26-1-4-216. Insolvency and Preference

26-1-4-301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

26-1-4-302. Payor Bank's Responsibility for Late Return of Item

26-1-4-303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

26-1-4-401. When Bank May Charge Customer's Account

26-1-4-402. Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account

26-1-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss

26-1-4-404. Bank Not Obligated to Pay Check More Than Six Months Old

26-1-4-405. Death or Incompetence of Customer

26-1-4-406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration

26-1-4-407. Payor Bank's Right to Subrogation on Improper Payment

26-1-4-501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

26-1-4-502. Presentment of "On Arrival" Drafts

26-1-4-503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case Needed

26-1-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses