Sec. 8129.
(1) A claim of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall not be allowed unless the creditor surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, unless the court having jurisdiction over the liquidation allows further time for an appeal or other continuation of the proceeding.
(2) A claim allowable under subsection (1) by reason of the avoidance, whether voluntary or involuntary, or a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under section 8135 if filed within 30 days from the date of the avoidance or within the further time allowed by the court under subsection (1).
History: Add. 1989, Act 302, Imd. Eff. Jan. 3, 1990 Popular Name: Act 218
Structure Michigan Compiled Laws
Chapter 500 - Insurance Code of 1956
Act 218 of 1956 - The Insurance Code of 1956 (500.100 - 500.8302)
218-1956-81 - Chapter 81 Supervision, Rehabilitation, and Liquidation (500.8101...500.8160)
Section 500.8101 - Construction and Purpose of Chapter.
Section 500.8102 - Applicability of Proceedings Authorized by Chapter.
Section 500.8103 - Definitions.
Section 500.8104 - Commencement of Delinquency Proceeding; Jurisdiction; Stay of Proceedings.
Section 500.8105 - Receiver; Application for Relief.
Section 500.8107 - Official Bonds.
Section 500.8108a - Prohibited Conduct by Insurer.
Section 500.8110 - Seizure Order.
Section 500.8111 - Confidentiality; Exception; “Third Parties” Defined.
Section 500.8112 - Rehabilitation of Insurer; Petition; Grounds.
Section 500.8117 - Liquidation of Domestic or Alien Insurer; Basis.
Section 500.8120 - Dissolution of Corporation.
Section 500.8122 - Notice of Liquidation; Filing Claims; Changes of Address.
Section 500.8123 - Notice by Agent to Policyholder; Report of Compliance; Penalty; Waiver.
Section 500.8129 - Claim of Creditor; Allowance; Excused Late Filing.
Section 500.8130 - Setoff or Counterclaim.
Section 500.8139 - Denial of Claim; Filing of Objections; Hearing; Notice.
Section 500.8140 - Subrogation to Rights of Creditor; Distribution; Excess Received by Creditor.
Section 500.8141a - Payment of Special Deposit Claims; Priority; Transfer of Special Deposits.
Section 500.8144 - Distributions; Manner of Payment; Distribution of Assets in Kind.
Section 500.8145 - Disposition of Unclaimed or Withheld Funds.
Section 500.8146 - Application for Discharge.
Section 500.8147 - Petition to Reopen Proceedings.
Section 500.8148 - Retention or Destruction of Records.
Section 500.8150 - Conservator.
Section 500.8152 - Vesting of Title in Domiciliary Liquidator or Commissioner; Filing Claims.
Section 500.8154 - Institution of Proceedings Under MCL 500.8109 to 500.8111.
Section 500.8155 - Filing of Claims; Proof; Conclusiveness of Final Allowance of Claims.
Section 500.8157 - Prohibited Action or Proceeding.
Section 500.8159 - Failure to Transfer Assets.
Section 500.8160 - Repealed. 2001, Act 143, Imd. Eff. Oct. 26, 2001.