§ 23-49-111 — Payment of claims

(a) All claims against the institution's estate, proved to the receiver's satisfaction or approved by the circuit court, shall be paid in the following order: (1) Administration expenses; (2) Claims given priority under other provisions of state or federal law; (3) Deposit obligations; (4) Other general liabilities; (5) Debt subordinated to the claims of depositors and general creditors; and (6) Equity capital securities. (b) Administrative expenses shall include: (1) Court costs; (2) Compensation of each regular officer or employee of the receiver for the time actually devoted by the officer or employee to the liquidation of the institution at an amount not to exceed the compensation paid to the officer or employee for the performance of his or her regular duties; (3) Actual expenses of each regular officer and employee necessarily incurred in the performance of his or her duties; (4) Compensation and expenses of any special representative, assistant, accountant, agent, or attorney employed by the receiver; and (5) If the Bank Commissioner is acting as receiver, such reasonable general overhead expenses as may be incurred by the commissioner in the liquidation of the affairs of the institution, which shall be ascertained, determined, and fixed by the commissioner. (c) Interest on any claims shall not be paid until all claims within the same class have received the full principal amount of claim.

Legislative History

Acts 1997, No. 89, § 1.