40 Pa. Stat. § 221.37

Current through P.A. Acts 2023-32
Section 221.37 - Filing of claims
(a) Proof of all claims shall be filed with the liquidator in the form required by section 538 on or before the last day for filing specified in the notice required under section 524, except that proofs of claim for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.
(b) For good cause shown, the liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation. Good cause shall include but shall not be limited to the following:
(1) that existence of claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it;
(2) that a transfer to a creditor was avoided under sections 528 through 530, or was voluntarily surrendered undersection 531 , and that the filing satisfies the conditions ofsection 531;
(3) that valuation under section 543 of security held by a secured creditor shows a deficiency, which is filed within thirty days after the valuation;
(4) that a claim was contingent and became absolute, and was filed as soon as reasonably possible after it became absolute; and
(5) that the claim was the claim of a guaranty association for reimbursement of covered claims paid and/or expenses incurred, subsequent to the last day for filing where such payments were made and expenses incurred as a result of requirements of law.
(c) The liquidator may consider any claim filed late which is not covered by subsection (b), and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to other claimants of the same priority plus the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full.

40 P.S. § 221.37

1921, May 17, P.L. 789, art. V, § 537, added 1977, Dec. 14, P.L. 280, No. 92, § 2, imd. effective.