North Carolina General Statutes
Article 38A - North Carolina Commercial Receivership Act.
§ 1-507.49 - Claims process.

1-507.49. Claims process.
(a) Recommendation of Receiver. - In a general receivership, and in a limited receivership if the circumstances require, the receiver shall submit to the court a recommendation concerning a claims process appropriate to the particular receivership.
(b) Order Establishing Process. - In a general receivership and, if the court orders, in a limited receivership, the court shall establish the claims process to be followed in the receivership addressing whether proofs of claim must be submitted, the form of any proofs of claim, the place where the proofs of claim must be filed, the deadline or deadlines for filing the proofs of claim, and other matters bearing on the claims process.
(c) Alternative Procedures. - The court may authorize proofs of claim to be filed with the receiver rather than the court. The court may authorize the receiver to treat claims as allowed claims based on the amounts established in the books and records of the debtor or the schedule of claims filed pursuant to G.S. 1-507.32, without the necessity of the filing of proofs of claim. (2020-75, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 1 - Civil Procedure

Article 38A - North Carolina Commercial Receivership Act.

§ 1-507.20 - Short title; definitions.

§ 1-507.21 - Applicability of Article and of common law.

§ 1-507.22 - Powers of the court.

§ 1-507.23 - Types of receiverships.

§ 1-507.24 - Appointment of receivers; receivership not a trust.

§ 1-507.25 - Eligibility of receiver.

§ 1-507.26 - Bond.

§ 1-507.27 - Defenses and immunities; discovery.

§ 1-507.28 - Powers and duties of receivers.

§ 1-507.29 - Receiver as lien creditor; real estate recording; subsequent sales of real estate.

§ 1-507.30 - Duties of debtor.

§ 1-507.31 - Employment and compensation of professionals.

§ 1-507.32 - Schedules of property and claims.

§ 1-507.33 - Notice.

§ 1-507.34 - Notices; motions; orders.

§ 1-507.35 - Records; interim reports; status hearings.

§ 1-507.36 - Removal of receivers.

§ 1-507.37 - Termination of receiverships; final report.

§ 1-507.38 - Actions by or against receiver; actions relating to receivership property.

§ 1-507.39 - Procedure for determining individual business debtor's exempt property.

§ 1-507.40 - Turnover of receivership property.

§ 1-507.41 - Ancillary receiverships.

§ 1-507.42 - Stays.

§ 1-507.43 - Utility service.

§ 1-507.44 - Receivership financing.

§ 1-507.45 - Executory contracts.

§ 1-507.46 - Use or transfer of receivership property not in ordinary course.

§ 1-507.47 - Abandonment of property.

§ 1-507.48 - Liens against after-acquired property.

§ 1-507.49 - Claims process.

§ 1-507.50 - Objection to and allowance of claims.

§ 1-507.51 - Priority of claims.

§ 1-507.52 - Interest on unsecured claims.

§ 1-507.53 - Distributions.

§ 1-507.54 - Effect of enforcement by secured party.