§ 10-21-20. Notice of appointment — Claim against receivership — Distribution to creditors.
(a) Except as otherwise provided in subsection (f) of this section, a receiver shall give
notice of appointment of the receiver to creditors of the owner by:
(1) Deposit for delivery through first-class mail or other commercially reasonable delivery
method to the last known address of each creditor; and
(2) Publication as directed by the court.
(b) Except as otherwise provided in subsection (f) of this section, the notice required
by subsection (a) of this section must specify the date by which each creditor holding
a claim against the owner which arose before appointment of the receiver must submit
the claim to the receiver. The date specified must be at least four (4) months after
the later of notice under subsection (a)(1) of this section or last publication under
subsection (a)(2) of this section. The court may extend the period for submitting
the claim. Unless the court orders otherwise, a claim that is not submitted timely
is not entitled to a distribution from the receivership.
(c) A claim submitted by a creditor under this section must:
(1) State the name and address of the creditor;
(2) State the amount and basis of the claim;
(3) Identify any property securing the claim;
(4) Be signed by the creditor under penalty of perjury; and
(5) Include a copy of any record on which the claim is based.
(d) An assignment by a creditor of a claim against the owner is effective against the
receiver only if the assignee gives timely notice of the assignment to the receiver
in a signed record.
(e) At any time before entry of an order approving a receiver's final report, the receiver
may file with the court an objection to a claim of a creditor, stating the basis for
the objection. The court shall allow or disallow the claim according to law of this
state other than this chapter.
(f) If the court concludes that receivership property is likely to be insufficient to
satisfy claims of each creditor holding a perfected lien on the property, the court
may order that:
(1) The receiver need not give notice under subsection (a) of this section of the appointment
to all creditors of the owner, but only such creditors as the court directs; and
(2) Unsecured creditors need not submit claims under this section.
(g) Subject to § 10-21-21:
(1) A distribution of receivership property to a creditor holding a perfected lien on
the property must be made in accordance with the creditor's priority under law of
this state other than this chapter; and
(2) A distribution of receivership property to a creditor with an allowed unsecured claim
must be made as the court directs according to law of this state other than this chapter.