Sec. 38a-937. (Formerly Sec. 38-455). Filing of claims.
Sec. 38a-937. (Formerly Sec. 38-455). Filing of claims. (a) Proof of all claims
shall be filed with the liquidator in the form required by section 38a-938 on or before
the last day for filing specified in the notice required pursuant to section 38a-924, 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, provided,
only upon application of the liquidator, the court may allow alternative procedures and
requirements for the filing of proofs of claim or for allowing or proving claims. Upon
such application, if the court dispenses with the requirement of filing a proof of claim
by a person, class or group of persons, a proof of claim for such persons shall be deemed
as having been filed for all purposes, including the application of guaranty association
or foreign guaranty association laws.
(b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment
will not prejudice the orderly administration of the liquidation, under the following
circumstances: (1) The existence of the claim was not known to the claimant and that
he filed his claim as promptly thereafter as reasonably possible after learning of it; (2)
a transfer to a creditor was avoided pursuant to sections 38a-928 to 38a-930, inclusive,
or was voluntarily surrendered pursuant to section 38a-931, and that the filing satisfies
the conditions of said section 38a-931; (3) the valuation pursuant to section 38a-943 of
security held by a secured creditor shows a deficiency, which is filed within thirty days
after the valuation.
(c) The liquidator shall permit late filing claims to share in distributions, whether
past or future, 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.
(d) The liquidator may consider any claim filed late which is not covered by subsection (b) of this section, and permit it to receive distributions which are subsequently
declared on any claims of the same or lower priority if the payment does not prejudice
the orderly administration of the liquidation. The late-filing claimant shall receive, at
each distribution, the same percentage of the amount allowed on his claim as is then
being paid to claimants of any lower priority. This shall continue until his claim has
been paid in full.
(P.A. 79-382, S. 35; P.A. 92-93, S. 25; P.A. 96-227, S. 13.)
History: Sec. 38-455 transferred to Sec. 38a-937 in 1991; P.A. 92-93 amended Subsec. (a) re alternative procedures
and requirements for filing proof of claims; P.A. 96-227 corrected punctuation in Subsec. (c).