Sec. 36.309. 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 action is timely brought, review is de novo as if originally filed in the court and subject to the rules of procedure and appeal applicable to civil cases. This action is separate from the receivership proceeding and is not initiated by a claimant's attempt to appeal the action of the receiver by 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.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
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