Texas Business and Commerce Code 23.31 – Creditor’s Proof and Assignee’s Allowance of Claim
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(a) Within six months after the first publication of notice of appointment required by Section 23.17 of this code, a consenting creditor must file with the assignee a statement, sworn to by the creditor, his agent, or attorney,
(1) describing the nature and amount of the creditor’s claim against the assigning debtor; and
(2) stating that
(A) the claim is true;
(B) the debt is just; and
(C) all proper credits or offsets have been allowed against the claim.
(b) The assignee shall allow a claim filed under Subsection (a) of this section against the assigned estate unless he has good reason to believe the claim is not just and true.
Terms Used In Texas Business and Commerce Code 23.31
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) If a creditor does not file a statement in the time required by Subsection (a) of this section, he is not entitled to receive any of the assigned estate.