Sec. 186.301. FILING CLAIM. (a) This section applies only to a claim by a person, other than a shareholder, participant, or participant-transferee acting in that capacity, who has a claim against a state trust company in liquidation, including a claimant with a secured claim or a claimant under a fiduciary relationship that has been ordered by the receiver to file a claim pursuant to Section 186.223.
(b) To receive payment of a claim, the person must present proof of the claim to the receiver:
(1) at a place specified by the receiver; and
(2) within the period specified by the receiver under Section 186.205.
(c) Receipt of the required proof of claim by the receiver is a condition precedent to the payment of the claim.
(d) A claim that is not filed within the period specified by the receiver may not participate in a distribution of the assets by the receiver, except that, subject to court approval, the receiver may accept a claim filed not later than the 180th day after the date notice of the claimant's right to file a proof of claim is mailed to the claimant.
(e) A claim accepted under this section and approved is subordinate to an approved claim of a general creditor.
(f) Interest does not accrue on a claim after the date the state trust company is closed for liquidation.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 186 - Dissolution and Receivership
Subchapter D. Claims Against Receivership Estate
Section 186.302. Proof of Claim
Section 186.303. Judgment as Proof of Claim
Section 186.304. Secured Claim
Section 186.305. Unliquidated or Undetermined Claim
Section 186.307. Action on Claim
Section 186.308. Objection to Approved Claim
Section 186.309. Appeal of Rejected Claim
Section 186.310. Payment of Claim
Section 186.311. Priority of Claims Against Insured State Trust Company
Section 186.312. Priority of Claims Against Uninsured State Trust Company