Sec. 10. Within the time fixed by the notice, any creditor, shareholder or other person interested may, by verified petition filed in the court, assert his claim, or any priority thereon, or oppose the allowance, of any claims appearing upon the statement, or asserted by any other creditor or shareholder and the agent or any creditor, shareholder or other person interested, within such time as may have been fixed by the court, may oppose the allowance with or without priority of the claims asserted by any creditor or shareholder. The court may, upon good cause shown, extend the time for the filing of any petition or objection by any person for the allowance or disallowance of any claim herein referred to. Any creditor or shareholder who fails to appear and file his petition as is provided within the time fixed by the notice or by any extension granted by the court shall be forever barred from asserting any claim different from that recommended by the agent or from asserting any claim or priority, and from contesting or opposing the allowance, with or without priority, of any claim asserted by any creditor. If such agent shall not file a petition, as hereinbefore prescribed in this section, within sixty (60) days after the dissolution shall have been authorized, any creditor or other person asserting any claim against or any right, title or interest in and to the assets of such corporation may bring an action founded on such claim or other right in the circuit or superior court of the county in which the principal office of such corporation is located. If such petition shall have been filed on or before the date fixed for the filing of such petition with the clerk of the circuit, superior or probate court all creditors or other persons asserting any claim or other right against such corporation shall enforce such claim or other right pursuant to the provisions prescribed in this section and not otherwise.
Formerly: Acts 1933, c.40, s.151.
Structure Indiana Code
Title 28. Financial Institutions
Article 1. Department of Financial Institutions
Chapter 9. Voluntary Dissolution of Banks, Trust Companies, and Building and Loan Associations
28-1-9-2. Authority to Liquidate and Dissolve; Resolution; Submission to Shareholders; Vote Required
28-1-9-3. Examinations; Departmental Approval of Liquidation
28-1-9-4. Restrictions on Dividends and Business Pending Payment of Debts and Liabilities
28-1-9-5. Liquidating Agent; Appointment; Powers
28-1-9-6. Liquidating Agent; Authority
28-1-9-7. Trust and Fiduciary Property; Disposition
28-1-9-11. Unclaimed Distributive Portions
28-1-9-12. Authority to Borrow
28-1-9-13. Articles of Dissolution; Execution and Filing; Contents
28-1-9-14. Articles of Dissolution; Presentation to Department and to Secretary of State
28-1-9-15. Articles of Dissolution; Approval by Department
28-1-9-17. Certificate of Incorporators or Articles of Dissolution; Recording
28-1-9-18. Termination of Corporate Existence; Existing Liabilities