Effective - 28 Aug 2016
515.625. Distribution of claims. — 1. Claims not disallowed by the court shall receive distribution under sections 515.500 to 515.665 in the order of priority under subdivisions (1) to (8) of this subsection* and, with the exception of subdivisions (1) to (3) of this subsection, on a pro rata basis:
(1) Any secured creditor that is duly perfected under applicable law, whether or not such secured creditor has filed a proof of claim, shall receive the proceeds from the disposition of the estate property that secures its claim. However, the receiver may recover from estate property secured by a lien or the proceeds thereof the reasonable, necessary expenses of preserving, protecting, or disposing of the estate property to the extent of any benefit to a duly perfected secured creditor. If and to the extent that the proceeds are less than the amount of a duly perfected secured creditor's claim or a duly perfected secured creditor's lien is avoided on any basis, the duly perfected secured creditor's claim is an unsecured claim under subdivision (8) of this subsection. Duly perfected secured claims shall be paid from the proceeds in accordance with their respective priorities under otherwise applicable law;
(2) Actual, necessary costs and expenses incurred during the administration of the receivership, other than those expenses allowable under subdivision (1) of this subsection, including allowed fees and reimbursement of reasonable charges and expenses of the receiver and professional persons employed by the receiver. Notwithstanding subdivision (1) of this subsection, expenses incurred during the administration of the estate have priority over the secured claim of any secured creditor obtaining or consenting to the appointment of the receiver;
(3) A secured creditor that is not duly perfected under applicable law shall receive the proceeds from the disposition of the estate property that secures its claim if and to the extent that unsecured claims are made subject to those liens under applicable law;
(4) Claims for wages, salaries, or commissions, including vacation, severance, and sick leave pay, or contributions to an employee benefit plan earned by the claimant within one hundred eighty days of the date of appointment of the receiver or the cessation of any business relating to the receivership, whichever occurs first, but only to the extent of ten thousand nine hundred fifty dollars;
(5) Unsecured claims, to the extent of two thousand four hundred twenty-five dollars for each natural person, arising from the deposit with the person debtor before the date of appointment of the receiver of money in connection with the purchase, lease, or rental of estate property or the purchase of services for personal, family, or household use that were not delivered or provided;
(6) Claims for a marital, family, or other support debt, but not to the extent that the debt is assigned to another person, voluntarily, by operation of law, or otherwise; or includes a liability designated as a support obligation unless that liability is actually in the nature of a support obligation;
(7) Unsecured claims of governmental units for taxes which accrued prior to the date of appointment of the receiver;
(8) Other unsecured claims.
2. If all of the classes under subsection 1 of this section have been paid in full, any residue shall be paid to the debtor.
--------
(L. 2016 H.B. 1765 merged with S.B. 578)
*Word "section" appears in original rolls of H.B. 1765 and S.B. 578.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 515 - Referees and Receivers
Section 515.010 - Cases referred by consent.
Section 515.020 - When referred by order of court.
Section 515.030 - Parties may agree upon referees or court shall appoint.
Section 515.040 - Referees to be disinterested parties.
Section 515.050 - Oath of referees.
Section 515.060 - Referees to hear and determine cause without delay.
Section 515.070 - Appointment in case of death or removal of referee.
Section 515.080 - Referees must all meet and conduct hearing.
Section 515.090 - Hearing — notice — adjournments.
Section 515.100 - Service of notices, how and by whom made.
Section 515.110 - Power to compel attendance of witnesses.
Section 515.120 - Service of notices and subpoenas.
Section 515.130 - May compel parties to testify and produce documents.
Section 515.140 - Punishment of parties for contempt.
Section 515.150 - Punishment for refusal to testify.
Section 515.160 - Depositions may be taken and read.
Section 515.170 - Testimony to be written — exceptions to be stated in report.
Section 515.180 - Court may compel referees to hear and report.
Section 515.190 - Report of referees.
Section 515.200 - Exceptions to report.
Section 515.210 - Proceedings on report.
Section 515.220 - Compensation of referees.
Section 515.230 - Compensation of witnesses and officers.
Section 515.500 - Citation of law.
Section 515.505 - Definitions.
Section 515.510 - Court authorized to appoint receiver, when, procedure.
Section 515.515 - General and limited receivers.
Section 515.520 - Notice of appointment, content.
Section 515.525 - Replacement of receiver, when.
Section 515.530 - Bond requirements.
Section 515.535 - Receiver to have powers and priority of creditor.
Section 515.540 - Court to have exclusive authority, when.
Section 515.545 - Powers, authority, and duties of receivers.
Section 515.550 - Estate property, turnover of upon demand — court action to compel.
Section 515.555 - Debtor duties and requirements.
Section 515.560 - Debtor to file schedules, when.
Section 515.565 - Appraisal not required without court order.
Section 515.570 - General receiver to file monthly report, contents.
Section 515.590 - Unsecured credit or debt, receiver may obtain, when.
Section 515.600 - Immunity from liability, when.
Section 515.605 - Employment of professionals.
Section 515.615 - Claims administration process.
Section 515.620 - Objection to a claim, procedure.
Section 515.625 - Distribution of claims.
Section 515.630 - Secured claims permitted against estate property.
Section 515.635 - Noncontingent liquidated claims, interest allowed, rate.
Section 515.640 - Burdensome property, abandonment of, when.
Section 515.645 - Use, sale, or lease of estate property by receiver.
Section 515.650 - Receiver may be appointed as a receiver by out-of-state court, when.
Section 515.655 - Removal or replacement of receiver, procedure.