Tex. Fin. Code Section 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 (Fiduciary Activities).

(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 (Notice of State Trust Company Closing).

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

Source: Section 186.301 — Filing Claim, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­186.­htm#186.­301 (accessed Jun. 5, 2024).

186.001
Definition
186.002
Remedies Exclusive
186.003
Federal Deposit Insurance Corporation as Liquidator
186.004
Appointment of Independent Receiver
186.005
Succession of Trust Powers
186.101
Initiating Voluntary Dissolution
186.102
Filing Resolutions with Banking Commissioner
186.103
Banking Commissioner Investigation and Consent
186.104
Notice of Pending Dissolution
186.105
Safe Deposits and Other Bailments
186.106
Offices to Remain Open
186.107
Fiduciary Activities
186.108
Final Liquidation
186.109
Application of Law to State Trust Company in Dissolution
186.110
Authorization of Deviation from Procedures
186.111
Closure by Banking Commissioner for Involuntary Dissolution and Liquidation
186.112
Application for New Charter
186.201
Action to Close State Trust Company
186.202
Notice and Effect of Closure
186.203
Nature and Duration of Receivership
186.204
Contest of Liquidation
186.205
Notice of State Trust Company Closing
186.206
Inventory
186.207
Receiver’s Title and Priority
186.208
Rights Fixed
186.209
Depositories
186.210
Pending Lawsuit
186.211
New Lawsuit
186.212
Obtaining Record or Other Property in Possession of Other Person
186.213
Injunction in Aid of Liquidation
186.214
Subpoena
186.215
Executory Contract
186.216
Preferences
186.217
Employees of Receiver
186.218
Disposal of Property
186.219
Court Order
186.220
Receiver’s Reports
186.221
Court-ordered Audit
186.222
Safe Deposits and Other Bailments
186.223
Fiduciary Activities
186.224
Disposition and Maintenance of Records
186.225
Records Admitted
186.226
Resumption of Business
186.227
Assets Discovered After Close of Receivership
186.301
Filing Claim
186.302
Proof of Claim
186.303
Judgment as Proof of Claim
186.304
Secured Claim
186.305
Unliquidated or Undetermined Claim
186.306
Set-off
186.307
Action on Claim
186.308
Objection to Approved Claim
186.309
Appeal of Rejected Claim
186.310
Payment of Claim
186.311
Priority of Claims Against Insured State Trust Company
186.312
Priority of Claims Against Uninsured State Trust Company
186.313
Excess Assets
186.314
Unclaimed Property

Accessed:
Jun. 5, 2024

§ 186.301’s source at texas​.gov