Sec. 39. (a) The value of any security held by a secured creditor shall be determined in one (1) of the following ways, as the Marion County circuit court may direct:

(1) By converting the security into money according to the terms of the agreement under which the security was delivered to the creditors.

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Terms Used In Indiana Code 27-9-3-39

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.

     (b) The valuation determination shall be under the supervision and control of the Marion County circuit court with due regard for the recommendation of the liquidator. The amount determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his security to the liquidator, the entire claim shall be allowed as if unsecured.

As added by Acts 1979, P.L.255, SEC.1.