Minnesota Statutes 576.50 – Objection to and Allowance of Claims
Subdivision 1.Objections and allowance.
The receiver or any party in interest may file a motion objecting to a claim and stating the grounds for the objection. The court may order that a copy of the objection be served on the persons on the master service list at least 30 days prior to the hearing. Claims allowed by court order, and claims properly submitted and not disallowed by the court shall be allowed claims and shall be entitled to share in distributions of receivership property in accordance with the priorities provided by this chapter or otherwise by law.
Subd. 2.Examination of claims.
Terms Used In Minnesota Statutes 576.50
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Terms Used In Minnesota Statutes 576.50
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
If the claims process does not require proofs of claim to be filed with the court, at any time after expiration of the claim-filing period and upon 14 days’ written notice to the receiver, any party in interest shall have the right to examine:
(1) all claims filed with the receiver; and
(2) all books and records in the receiver’s possession that provided the receiver the basis for concluding that creditors identified therein are entitled to participate in any distributions of receivership property without having to file claims.
Subd. 3.Estimation of claims.
For the purpose of allowance of claims, the court may estimate:
(1) any contingent or unliquidated claim, the fixing or liquidation of which would unduly delay the administration of the receivership; or
(2) any right to payment arising from a right to an equitable remedy.