Tex. Fin. Code Section 186.302
Proof of Claim


(a)

A proof of claim must be in writing, be signed by the claimant, and include:

(1)

a statement of the claim;

(2)

a description of the consideration for the claim;

(3)

a statement of whether collateral is held or a security interest is asserted against the claim and, if so, a description of the collateral or security interest;

(4)

a statement of any right of priority of payment for the claim or other specific right asserted by the claimant;

(5)

a statement of whether a payment has been made on the claim and, if so, the amount and source of the payment, to the extent known by the claimant;

(6)

a statement that the amount claimed is justly owed by the state trust company in liquidation to the claimant; and

(7)

any other matter that is required by the court.

(b)

The receiver may designate the form of the proof of claim. A proof of claim must be filed under oath unless the oath is waived by the receiver. A proof of claim filed with the receiver is considered filed in an official proceeding for purposes of Chapter 37 (Perjury and Other Falsification), Penal Code.

(c)

If a claim is founded on a written instrument, the original instrument, unless lost or destroyed, must be filed with the proof of claim. After the instrument is filed, the receiver may permit the claimant to substitute a copy of the instrument until the final disposition of the claim. If the instrument is lost or destroyed, a statement of that fact and of the circumstances of the loss or destruction must be filed under oath with the claim.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.

Source: Section 186.302 — Proof of Claim, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­186.­htm#186.­302 (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

§ 186.302’s source at texas​.gov