Sec. 186.309. APPEAL OF REJECTED CLAIM. (a) The receiver's rejection of a claim may be appealed in the court in which the receivership proceeding is pending. The appeal must be brought within three months after the date of service of notice of the rejection.
(b) If the appeal is timely brought, review is de novo as if it were an action originally filed in the court, and is subject to the rules of procedure and appeal applicable to civil cases. An action to appeal rejection of a claim by the receiver is separate from the receivership proceeding, and may not be initiated by a claimant intervening in the receivership proceeding.
(c) If the action is not timely brought, the action of the receiver is final and not subject to review.
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