Statutes, codes, and regulations
CALIFORNIA CODES
CALIFORNIA FINANCIAL CODEDivision 7 - INDUSTRIAL LOAN COMPANIESChapter 5 - ADMINISTRATION AND POWERS OF THE COMMISSIONER
Article 4 - POSSESSION, CONSERVATORSHIP, AND LIQUIDATION BY THE COMMISSIONER
Section 18425.10 - Preference of claims allowed

Cal. Fin. Code § 18425.10

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Current through the 2023 Legislative Session.
Section 18425.10 - Preference of claims allowed
(a) Claims allowed in a proceeding under this article shall be given preference in the following order:
(1) All costs and expenses of administration of conservatorship and liquidation.
(2) Taxes due to the State of California.
(3) Claims having preference by the laws of the United States and by laws of this state.
(4) All claims of creditors, including contractual claims for interest to the date of payment, whose claims are fully secured.
(5) Claims of investment certificate holders.
(6) Claims of general creditors.
(7) Claims on obligations subordinated to the claims of investment certificate holders and general creditors.

Paragraphs (5) and (6) apply only in liquidation proceedings, where the commissioner has taken possession of the property and business of the company on or after the effective date of this section, and paragraph (6) shall apply only with respect to persons who become general creditors on or after that date. It is the intent of the Legislature that no change in the law contained in this section shall be construed to affect the rights and obligations of parties with regard to transactions occurring prior to the effective date of this section. It is the intent of the Legislature that the rights and obligations of parties existing prior to the effective date of this section shall be determined by the law in effect prior to the effective date of this section and without application of changes in the law effected by this section.

(b) All approved claims shall bear interest at the rate provided by law or judgments from the date that the commissioner takes possession of the property and business of the company, to the extent funds are available to pay such interest, otherwise interest shall be prorated.

Interest shall be given the same preference as the claim on which it is based, but no interest on any claim shall be paid until all claims within the same class have received the full principal amount of the claim.

(c) Any funds remaining shall be returned to the stockholders of the company pursuant to the provisions of this article.

Ca. Fin. Code § 18425.10

Added by Stats. 1985, Ch. 140, Sec. 1. Effective July 1, 1985.