Effective: March 20, 2019
Latest Legislation: House Bill 489 - 132nd General Assembly
(A) The receiver shall promptly cause notice of the claims procedure to be published, in print or in a comparable electronic format, once a month for two consecutive months in a local newspaper of general circulation and to be mailed to each person whose name appears as a creditor upon the books of the state bank, at the last address of record.
(B)(1) All parties having claims of any kind against the bank, including prior judgments and claims of security, preference, priority, and offset, shall present their claims substantiated by legal proof to the receiver within one hundred eighty days after the date of the first publication of notice of the claims procedure or after actual receipt of notice of the claims procedure, whichever occurs first.
(2) Within one hundred eighty days after receipt of a claim, the receiver shall notify the claimant in writing whether the claim has been allowed or disallowed. The receiver may reject any claim in whole or in part, or may reject any claim of security, preference, priority, or offset against the bank. Any claimant whose claim has been rejected by the receiver shall petition the court for a hearing on the claim within sixty days after the date the notice was mailed or be forever barred from asserting the rejected claim.
(C) Any claims filed after the claim period and subsequently accepted by the receiver or allowed by the court, shall be entitled to share in the distribution of assets only to the extent of the undistributed assets in the hands of the receiver on the date the claims are accepted or allowed.
Structure Ohio Revised Code
Title 11 | Banks-Savings and Loan Associations
Chapter 1125 | Banks - Liquidations and Conservatorships
Section 1125.01 | Jurisdiction of Court.
Section 1125.03 | Voluntary Liquidation.
Section 1125.04 | Superintendent's Consent to Voluntary Liquidation.
Section 1125.05 | Continued Supervision of Voluntary Dissolution.
Section 1125.06 | Submission of Documents After Completion of Voluntary Liquidation.
Section 1125.09 | Conditions Necessary for Appointment of Conservator.
Section 1125.10 | Appointment of Conservator.
Section 1125.11 | Filing Certified Copy of Certificate of Appointment.
Section 1125.12 | Powers of Conservator.
Section 1125.13 | Conduct of Business During Conservatorship.
Section 1125.14 | Recommendation of Conservator.
Section 1125.17 | Full and Exclusive Powers and Procedures for Liquidation of Banks.
Section 1125.18 | Conditions Necessary for Taking Possession of State Bank Property and Business.
Section 1125.19 | Filing Certified Copy of Certificate of Appointment.
Section 1125.20 | Appointment as Receiver to Federal Deposit Insurance Corporation.
Section 1125.21 | Title Vested in Receiver.
Section 1125.22 | Powers of Receiver.
Section 1125.23 | Presenting and Disposing of Claims.
Section 1125.24 | Paying Claims.
Section 1125.25 | Election to Reject or Ratify and Assign Executory Contract.
Section 1125.26 | Subrogation Rights of Federal Deposit Insurance Corporation.
Section 1125.27 | Receiver May Appoint Successor.
Section 1125.28 | Filing Operates as Automatic Stay.
Section 1125.29 | Order Declaring Bank Properly Wound Up and Dissolved.