Sec. 8. (a) All parties having claims against the closed financial institution shall present their claims supported by proof to the receiver within one hundred eighty (180) days after the department has taken possession.
(b) The receiver shall cause notice of the claims procedure prescribed by this section to be:
(1) published once a week for twelve (12) consecutive weeks in a newspaper of general circulation published in the county in which the receivership court is located; and
(2) mailed to each person whose name appears as a creditor upon books of the financial institution at the person's last address of record.
(c) Within one hundred eighty (180) days following receipt of claim, the receiver shall notify in writing any claimant whose claim has been rejected. Notice is effective when mailed. Any claimant whose claim has been rejected by the receiver may petition the receivership court for a hearing on the claim within sixty (60) days from the date the claim is rejected.
(d) If the Federal Deposit Insurance Corporation is the receiver, compliance with this section is not required.
As added by P.L.141-1984, SEC.2. Amended by P.L.35-2010, SEC.103.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 3.1. Liquidation of Financial Institutions
28-1-3.1-3. Holding Business and Property Until Liquidation of Affairs
28-1-3.1-6. Receiver; Authority
28-1-3.1-7. Receiver's Authority to Sell Assets; Borrowing of Money for Deposit Liabilities
28-1-3.1-8. Claims; Presentation; Notice; Rejection
28-1-3.1-10.1. Payment of Claims; Order
28-1-3.1-11. Rejection of Executory Contracts and Leases
28-1-3.1-12. Federal Deposit Insurance; Payments of Deposit Liabilities; Subrogation
28-1-3.1-17. Articles of Dissolution; Execution; Presentation; Fee
28-1-3.1-18. Articles of Dissolution; Duties of Secretary of State
28-1-3.1-19. Articles of Dissolution; Filing With County Recorder