§ 60B.33 — Claims of Holders of Void or Voidable Rights
Plain-Language Summary
A creditor who received a voidable preference or fraudulent transfer cannot have their claim approved in the liquidation until they return what they received. Once they return the preference, they can file a late claim within 30 days of the avoidance.
60B.33 CLAIMS OF HOLDERS OF VOID OR VOIDABLE RIGHTS.
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Subdivision 1.Disallowance for failure to surrender property.
No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance, voidable under sections 60B.01 to 60B.61, shall be allowed unless the creditor 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. §
Subd. 2.Time for filing.
A claim allowable under subdivision 1 by reason of the avoidance, whether voluntary or involuntary, of a preference, lien, conveyance, transfer, assignment, or encumbrance may be filed as an excused late filing under section 60B.37 if filed within 30 days from the date of the avoidance or within the further time allowed by the court under subdivision 1.
History:
1969 c 708 s 33; 1986 c 444
History: History: 1969 c 708 s 33; 1986 c 444