§ 186.301 — FILING CLAIM.

Texas § 186.301

• Jurisdiction: Texas
• Code FI: Finance Code

Text

Sec. 186.301. FILING CLAIM. (a) This section applies only to a claim by a person, other than a shareholder, participant, or participant-transferee acting in that capacity, who has a claim against a state trust company in liquidation, including a claimant with a secured claim or a claimant under a fiduciary relationship that has been ordered by the receiver to file a claim pursuant to Section 186.223 .
(b) To receive payment of a claim, the person must present proof of the claim to the receiver:
(1) at a place specified by the receiver; and
(2) within the period specified by the receiver under Section 186.205 .
(c) Receipt of the required proof of claim by the receiver is a condition precedent to the payment of the claim.
(d) A claim that is not filed within the period specified by the receiver may not participate in a distribution of the assets by the receiver, except that, subject to court approval, the receiver may accept a claim filed not later than the 180th day after the date notice of the claimant's right to file a proof of claim is mailed to the claimant.
(e) A claim accepted under this section and approved is subordinate to an approved claim of a general creditor.
(f) Interest does not accrue on a claim after the date the state trust company is closed for liquidation.

Legislative History

Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.