Title 33, Chapter 37, Section 34
( 33-37-34)
(a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, 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. (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 under Code Sections 33-37-25 through 33-37-27 or was voluntarily surrendered under Code Section 33-37-28, and that the filing satisfies the conditions of Code Section 33-37-28; and (3) The valuation under Code Section 33-37-40 of security held by a secured creditor shows a deficiency, which is filed within 30 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 Code 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. |