North Dakota § 26.1-06.1-28 Claims of holders of void or voidable rights

North Dakota Statutes

§ 26.1-06.1-28 — Claims of holders of void or voidable rights

North Dakota § 26.1-06.1-28

Title 26.1Insurance

Ch. 26.1-06.1Insurance Company Rehabilitation and Liquidation

This text of North Dakota § 26.1-06.1-28 (Claims of holders of void or voidable rights) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 26.1-06.1-28 (2026).

Text

1.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 may not be allowed unless the money is paid or the property is delivered to the liquidator within thirty 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.A claim allowable under subsection 1 by reason of the avoidance, whether voluntary or involuntary, or a preference,

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1. 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 may not be allowed unless the money is paid or the
property is delivered to the liquidator within thirty 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. A claim allowable under subsection 1 by reason of the avoidance, whether voluntary or
involuntary, or a preference, lien, conveyance, transfer, assignment, or encumbrance,
may be filed as an excused last filing under section 26.1-06.1-34 if filed within thirty
days from the date of the avoidance, or within the further time allowed by the court
under subsection 1.