Section 515.615

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 515

Effective - 28 Aug 2016   

  515.615.  Claims administration process. — 1.  The claims administration process identified in this section shall be administered by a general receiver and may be ordered by the court to be administered by a limited receiver.

  2.  All claims, other than claims of duly perfected secured creditors, arising prior to the receiver's appointment shall be in the form required by this section and served and noticed as required by this section.  Any claim not in the form required by this section and so served and noticed is barred from participating in any distribution to creditors.

  3.  Claims shall be served on the receiver within thirty days from the date notice is given under this section, unless the court reduces or extends the period for cause shown, except that a claim arising from the rejection of an executory contract or an unexpired lease of the debtor may be served within thirty days after the rejection.  Claims by state agencies shall be served by such state agencies on the receiver within sixty days from the date notice is given by mail under this section.

  4.  Claims shall be in written form entitled "Proof of Claim", setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor's authorized agent.  When a claim or an interest in estate property securing the claim is based on a writing, the original or a copy of the writing shall be included as a part of the proof of claim together with evidence of perfection of any security interest or other lien asserted by the claimant.  Unless otherwise ordered by the court, creditors may amend such claims and such amendments shall relate back to the original filing of such claim.

  5.  Notices of claim shall be filed with the court.  A notice shall be filed with the court relating to each served claim.  A notice of claim shall not include the claim or supporting documentation served upon the receiver.  A notice of claim shall include the name and address of the creditor asserting the claim, together with the name and address of the attorney, if any representing the creditor, the amount of the claim, whether or not the claim is secured or unsecured, and if secured, a brief description of any estate property and other collateral securing the claim.

  6.  A claim properly noticed, executed, and served in accordance with this section constitutes prima facie evidence of the validity and amount of the claim.

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(L. 2016 H.B. 1765 merged with S.B. 578)