§3-809. Secured claims
Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security; otherwise payment is upon the basis of one of the following: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1. Security exhausted. If the creditor exhausts the creditor's security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security; or
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Security not exhausted. If the creditor does not have the right to exhaust the creditor's security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
18-C §3-801. Notice to creditors
18-C §3-802. Statutes of limitations
18-C §3-803. Limitations on presentation of claims
18-C §3-804. Manner of presentation of claims
18-C §3-805. Classification of claims
18-C §3-806. Allowance of claims
18-C §3-807. Payment of claims
18-C §3-808. Individual liability of personal representative
18-C §3-810. Claims not due and contingent or unliquidated claims
18-C §3-812. Execution and levies prohibited
18-C §3-813. Compromise of claims
18-C §3-814. Encumbered assets
18-C §3-815. Administration in more than one state; duty of personal representative
18-C §3-816. Final distribution to domiciliary representative