North Dakota Code 26.1-06.1-40 – Secured creditor’s claims
Current as of: 2023 | Check for updates
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1. The value of any security held by a secured creditor must be determined in one of the following ways, as the court may direct:
Terms Used In North Dakota Code 26.1-06.1-40
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
a. By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or
b. By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.
2. The determination must be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined must be credited upon the secured claim, and any deficiency must be treated as an unsecured claim. If the claimant surrenders the security to the liquidator, the entire claim must be allowed as if unsecured.