§ 28-1-9-10 — Creditor's petition asserting claim; priority or opposition to other claims; failure to appear; effect of liquidating agent's failure to petition

Indiana § 28-1-9-10

• Jurisdiction: Indiana
• Art. 1: DEPARTMENT OF FINANCIAL INSTITUTIONS
• Ch. 9: Voluntary Dissolution of Banks, Trust Companies, and

Text

Within the time fixed by the notice, any
creditor, shareholder or other person interested may, by verified
petition filed in the court, assert his claim, or any priority thereon, or
oppose the allowance, of any claims appearing upon the statement, or
asserted by any other creditor or shareholder and the agent or any
creditor, shareholder or other person interested, within such time as
may have been fixed by the court, may oppose the allowance with or
without priority of the claims asserted by any creditor or shareholder.
The court may, upon good cause shown, extend the time for the filing
of any petition or objection by any person for the allowance or
disallowance of any claim herein referred to. Any creditor or
shareholder who fails to appear and file his petition as is provided
within the time fixed by the notice or by any extension granted by the
court shall be forever barred from asserting any claim different from
that recommended by the agent or from asserting any claim or priority,
and from contesting or opposing the allowance, with or without
priority, of any claim asserted by any creditor. If such agent shall not
file a petition, as hereinbefore prescribed in this section, within sixty
(60) days after the dissolution shall have been authorized, any creditor
or other person asserting any claim against or any right, title or interest
in and to the assets of such corporation may bring an action founded on
such claim or other right in the circuit or superior court of the county
in which the principal office of such corporation is located. If such
petition shall have been filed on or before the date fixed for the filing
of such petition with the clerk of the circuit, superior or probate court
all creditors or other persons asserting any claim or other right against
such corporation shall enforce such claim or other right pursuant to the
provisions prescribed in this section and not otherwise.
Formerly: Acts 1933, c.40, s.151.