Iowa Code 501A.1211 – Filing claims in court-supervised dissolution proceedings
Current as of: 2023 | Check for updates
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1.
Filing under oath.
In proceedings to dissolve a cooperative, the court may require all creditors and claimants of the cooperative to file their claims under oath with the clerk of court or with the receiver in a form prescribed by the court.
Terms Used In Iowa Code 501A.1211
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Cooperative: means a business association organized under this chapter. See Iowa Code 501A.102
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
- Oath: A promise to tell the truth.
- property: includes personal and real property. See Iowa Code 4.1
2.
Date to file a claim.
If the court requires the filing of claims, the court shall do all of the following:
a. Set a date, by order, at least one hundred twenty days after the date the order is filed as the last day for the filing of claims.
b. Prescribe the notice of the fixed date that shall be given to creditors and claimants.
3.
Fixed date or extension for filing.
Before the fixed date, the court may extend the time for filing claims. Creditors and claimants failing to file claims on or before the fixed date may be barred, by order of court, from claiming an interest in or receiving payment out of the property or assets of the cooperative.