Sec. 36.301. FILING CLAIM. (a) This section applies only to a claim by a person, other than a shareholder acting in that capacity, who has a claim against a state bank in liquidation, including a claimant with a secured claim and a claimant under a fiduciary relationship who has been ordered by the receiver to file a proof of claim under Section 36.223.
(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 36.205.
(c) 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.
(d) A claim accepted and approved under Subsection (c) is subordinate to an approved claim of a general creditor.
(e) Interest does not accrue on a claim after the date the bank is closed for liquidation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 59, eff. September 1, 2007.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 36 - Dissolution and Receivership
Subchapter D. Claims Against Receivership Estate
Section 36.302. Proof of Claim
Section 36.303. Judgment as Proof of Claim
Section 36.305. Unliquidated or Undetermined Claim
Section 36.307. Action on Claim
Section 36.308. Objection to Approved Claim
Section 36.309. Appeal of Rejected Claim
Section 36.310. Payment of Claim
Section 36.311. Priority of Claims Against Insured Bank