37.350 Submission of claims by creditors
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/or/ors-chapter-37/receivership/37-350·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37.350 Submission of claims by creditors.
(1)Claims may not be submitted until a claims process is established under ORS 37.340.
(2)All claims that arose before the receiver’s appointment, whether contingent, liquidated, unliquidated or disputed, other than claims of creditors with security interests in or other liens against estate property, must be submitted in accordance with this section. Any claim not so submitted is barred from participating in any distribution to creditors.
(3)Claims must be submitted by delivering the claim to the receiver or an agent designated by the receiver within 30 days after the claims process is established, except that a claim arising from the rejection of an executory contract of the owner must be submitted within 30 days after the rejection. Claims by state agencies must be submitted within 180 days after the claims process is established. The court may shorten or extend any time period set forth in this subsection.
(4)Claims must be submitted in a form prescribed by the receiver. If no form is prescribed, claims must be in written form and must:
(a)Include the name and address of the claimant;
(b)Set forth the nature and amount of the claim;
(c)Be executed by the claimant or the claimant’s agent; and
(d)Include any other information required by the receiver.
(5)Claims may not be filed with the court. If a claim is incorrectly filed with the court, the court shall forward the claim to the receiver or an agent designated by the receiver.
(6)A claim executed and submitted in accordance with this section constitutes prima facie evidence of the validity and amount of the claim. [2017 c.358 §35]