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Texas Statutes (Last Updated: January 4, 2014) |
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BUSINESS AND COMMERCE CODE |
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Title 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD |
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Chapter 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS |
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Subchapter D. DUTIES AND RIGHTS OF CREDITORS |
Sec. 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.
(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.