645.55 Claims of holders of void or voidable rights.
(1) Disallowance for failure to surrender property. No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment or encumbrance, voidable under this chapter, may be allowed unless the creditor surrenders the preference, lien, conveyance, transfer, assignment or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.
(2) Time for filing. A claim allowable under sub. (1) by reason of the avoidance, whether voluntary or involuntary, of a preference, lien, conveyance, transfer, assignment or encumbrance may be filed as an excused late filing under s. 645.61 if filed within 30 days from the date of the avoidance or within the further time allowed by the court under sub. (1).
History: 1979 c. 93, 102.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 645 - Insurers rehabilitation and liquidation.
645.01 - Short title, construction and purpose.
645.035 - Bankruptcy petition is prohibited.
645.04 - Jurisdiction and venue.
645.05 - Injunctions and orders.
645.06 - Costs and expenses of litigation.
645.07 - Cooperation of officers and employees.
645.09 - Commissioner's reports.
645.10 - Continuation of delinquency proceedings.
645.11 - Effect of amendments of this chapter.
645.21 - Commissioner's summary orders.
645.22 - Court's seizure order.
645.23 - Commissioner's seizure order.
645.24 - Conduct of hearings in summary proceedings.
645.31 - Grounds for rehabilitation.
645.32 - Rehabilitation orders.
645.33 - Powers and duties of the rehabilitator.
645.34 - Actions by and against rehabilitator.
645.35 - Termination of rehabilitation.
645.41 - Grounds for liquidation.
645.43 - Continuance of coverage.
645.44 - Dissolution of insurer.
645.45 - Federal receivership.
645.46 - Powers of liquidator.
645.47 - Notice to creditors and others.
645.49 - Actions by and against liquidator.
645.51 - Collection and list of assets.
645.52 - Fraudulent transfers prior to petition.
645.53 - Fraudulent transfers after petition.
645.54 - Voidable preferences and liens.
645.55 - Claims of holders of void or voidable rights.
645.56 - Setoffs and counterclaims.
645.58 - Reinsurer's liability; arbitration clauses.
645.59 - Uncollected, unearned premiums.
645.60 - Applicability of claims settlement provisions to loss claims.
645.64 - Special provisions for 3rd-party claims.
645.67 - Secured creditors' claims.
645.675 - Qualified financial contracts.
645.68 - Order of distribution.
645.69 - Claims for certain health care costs.
645.71 - Liquidator's recommendations to the court.
645.72 - Distribution of assets.
645.73 - Unclaimed and withheld funds.
645.74 - Termination of proceedings.
645.75 - Reopening liquidation.
645.76 - Disposition of records during and after termination of liquidation.
645.77 - External audit of receiver's books.
645.81 - Conservation of property of foreign or alien insurers found in this state.
645.82 - Liquidation of property of foreign or alien insurers found in this state.
645.83 - Foreign domiciliary receivers in other states.
645.84 - Ancillary formal proceedings.
645.85 - Ancillary summary proceedings.
645.86 - Claims of nonresidents against insurers domiciled in this state.
645.87 - Claims of residents against insurers domiciled in reciprocal states.
645.88 - Attachment, garnishment and levy of execution.