37.360 Objection to and allowance of claims
273 words·~1 min read·
/or/ors-chapter-37/receivership/37-360A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
37.360 Objection to and allowance of claims. (1)(a) At any time before the entry of an order approving the receiver’s final report, a receiver may, upon court order and after at least 21 days’ notice, disallow a claim. The notice must set forth the grounds for the disallowance.
(b)At any time before the entry of an order approving the receiver’s final report, any interested person may object to a claim. The objector must mail a copy of the objection, together with a notice of hearing, to the receiver and claimant at least 21 days before the hearing. The court shall hear the objection and enter an order allowing or disallowing the claim.
(2)Upon request of a creditor, the receiver or a person objecting to a creditor’s claim, or upon order of the court, an objection is subject to mediation before adjudication of the objection, under the rules or orders adopted or issued with respect to mediations. However, claims by the state are not subject to mediation unless the state consents to mediation.
(3)Upon motion of the receiver or an interested person, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this subsection:
(a)Any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the receivership; or
(b)Any right to payment arising from a right to an equitable remedy for breach of performance.
(4)Claims estimated under subsection
(3)of this section are allowed in the estimated amount thereof. [2017 c.358 §36]