House Journal: Page 1375: Monday, April 23, 2001
Page 54
1 subsections 7 through 9, or was voluntarily
2 surrendered under subsection 10, and the filing
3 satisfies the conditions of subsection 10.
4 (3) The valuation under subsection 17 of security
5 held by a secured creditor shows a deficiency, which
6 is filed within thirty days after the valuation.
7 c. The liquidator may consider any claim filed
8 late and permit the claimant to receive distributions
9 which are subsequently declared on any claims of the
10 same or lower priority if the payment does not
11 prejudice the orderly administration of the
12 liquidation. The late-filing claimant shall receive
13 at each distribution the same percentage of the amount
14 allowed on the claim as is then being paid to
15 claimants of any lower priority. This shall continue
16 until the claim has been paid in full.
17 13. PROOF OF CLAIM.
18 a. Proof of claim shall consist of a statement
19 signed by the claimant that includes all of the
20 following that are applicable:
21 (1) The particulars of the claim, including the
22 consideration given for it.
23 (2) The identity and amount of the security on the
24 claim.
25 (3) The payments, if any, made on the debt.
26 (4) A statement that the sum claimed is justly
27 owing and that there is no setoff, counterclaim, or
28 defense to the claim.
29 (5) Any right of priority of payment or other
30 specific right asserted by the claimant.
31 (6) A copy of the written instrument which is the
32 foundation of the claim.
33 (7) The name and address of the claimant and the
34 attorney who represents the claimant, if any.
35 b. A claim need not be considered or allowed if it
36 does not contain all the information identified in
37 paragraph "a" which is applicable. The liquidator may
38 require that a prescribed form be used and may require
39 that other information and documents be included.
40 c. At any time the liquidator may request the
41 claimant to present information or evidence
42 supplementary to that required under paragraph "a",
43 and may take testimony under oath, require production
44 of affidavits or depositions, or otherwise obtain
45 additional information or evidence.
46 d. A judgment or order against an establishment
47 entered after the date of filing of a successful
48 petition for liquidation, or a judgment or order
49 against the establishment entered at any time by
50 default or by collusion need not be considered as
© 2001 Cornell College and
League of Women Voters of Iowa
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