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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 37. INSURERS REHABILITATION AND LIQUIDATION · Article 3. PROCEDURE FOR REHABILITATION

33-37-28. Disallowing preferred creditor’s claims.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be allowed unless he surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.#

  2. (b)

    A claim allowable under subsection (a) of this Code section by reason of the avoidance, whether voluntary or involuntary, a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under Code Section 33-37-34 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 33-37-28, enacted by Ga. L. 1991, p. 1424, § 7; Ga. L. 2019, p. 386, § 138/SB 133. The 2019 amendment, effective July 1, 2019, substituted ‘‘late filing’’ for ‘‘last filing’’ in the middle of subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch23-65-(v25)-2020-pdf.pdf, Volume V25, 2020 edition, page 760; merge action: carried; file SHA-256 1cdfeaa4b73e.