Filing of claims.

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(1) Proof of all claims shall be filed with the liquidator in the form required by section 10-3-535 on or before the last day for filing specified in the notice required under section 10-3-521; except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.

  1. The liquidator may permit a claimant making a late filing to share in distributions,whether past or future, as if the claimant's filing were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances:

  1. A transfer to a creditor was avoided under sections 10-3-525 to 10-3-527, or wasvoluntarily surrendered under section 10-3-528, and the filing satisfies the conditions set forth in section 10-3-528; or

  2. The valuation, under section 10-3-540, of security held by a secured creditor shows adeficiency which is filed within thirty days after the valuation.

  1. The liquidator shall permit late-filed claims to share in distributions, whether past orfuture, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.

Source: L. 92: Entire part R&RE, p. 1470, § 14, effective July 1.


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