Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
creditor: means a person having a claim against an insurer whether the claim is:
Lien: A claim against real or personal property in satisfaction of a debt.
Preference: means a transfer of property of an insurer to or for the benefit of a creditor:
(a)
for or on account of an antecedent debt, made or allowed by the insurer within one year before the day on which a successful petition for rehabilitation or liquidation is filed under this chapter;
(b)
the effect of which transfer may enable the creditor to obtain a greater percentage of the creditor's debt than another creditor of the same class would receive; and
(c)
if a liquidation order is entered while the insurer is already subject to a rehabilitation order and the transfer otherwise qualifies, that is made or allowed within the shorter of:
(i)
one year before the day on which a successful petition for rehabilitation is filed; or
(ii)
two years before the day on which a successful petition for liquidation is filed. See Utah Code 31A-27a-102
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
receiver: means the commissioner or the commissioner's designee, including a rehabilitator, liquidator, or ancillary receiver. See Utah Code 31A-27a-102
receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
Transfer: includes the sale and every other and different mode of disposing of or parting with property or with an interest in property, whether:
The receiver may disallow a claim of a creditor who receives or acquires a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter, unless the creditor surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance.
(b)
If an avoidance is effected by a proceeding in which a final judgment is entered, a creditor’s claim is not allowed unless the money is paid or the property is delivered to the receiver within 30 days from the day on which the final judgment is entered, except that the receivership court may allow further time if there is an appeal or other continuation of the proceeding.
(2)
A claim allowable under Subsection (1) by reason of an avoidance, whether voluntary or involuntary, or a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused late filing under Subsection 31A-27a-601(2) if filed within:
(a)
30 days from the date of the avoidance; or
(b)
the further time allowed by the receivership court under Subsection (1).
