Sec. 36.310. PAYMENT OF CLAIM. (a) Except as expressly provided otherwise by this subchapter or Subchapter C, without the approval of the court the receiver may not make a payment on a claim, other than a claim for an obligation incurred by the receiver for administrative expenses.
(b) The receiver may periodically make partial distribution to the holders of approved claims if:
(1) all objections have been heard and decided as provided by Section 36.308;
(2) the time for filing appeals has expired as provided by Section 36.309; and
(3) a proper reserve is established for the pro rata payment of:
(A) rejected claims that have been appealed; and
(B) any claims based on unliquidated or undetermined demands governed by Section 36.305.
(c) As soon as practicable after the determination of all objections, appeals, and claims based on previously unliquidated or undetermined demands governed by Section 36.305, the receiver shall distribute the assets of the bank in satisfaction of approved claims other than claims asserted in a person's capacity as a shareholder.
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. 61, 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