Section 515.620

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 515

Effective - 28 Aug 2016   

  515.620.  Objection to a claim, procedure. — 1.  At any time prior to the entry of an order approving the general receiver's final report, the receiver or any party in interest may file with the court an objection to a claim, such objection shall be in writing and shall set forth the grounds for the objection to the claim.  A copy of the objection shall be mailed to the creditor who shall have thirty days to file with the court any suggestions in support of the claim.  Upon the filing of any suggestions in support of the claim, the court may adjudicate the claim objection or set a hearing relating to the claim objection.  Claims that comply with the requirements of section 515.615 that are not disallowed by the court are entitled to share in distributions from the receivership in accordance with the priorities provided for by sections 515.500 to 515.665 or otherwise by law.

  2.  Upon order of the court, the general receiver, or any party in interest objecting to the creditor's claim, an objection may be subject to mediation prior to adjudication of the objection.  However, state claims are not subject to mediation absent agreement of the state.

  3.  Upon motion of the general receiver or other party in interest, 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 section:

  (1)  Any contingent or unliquidated claim, the fixing or liquidation of which, as the circumstance may be, would unduly delay the administration of the receivership; or

  (2)  Any right to payment arising from a right to an equitable remedy for breach of performance.

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Claims subject to this subsection shall be allowed in the estimated amount thereof.

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