2006 Minnesota Statutes

308A.981 BARRING OF CLAIMS.
    Subdivision 1. Claims barred. A person who is or becomes a creditor or claimant before,
during, or following the conclusion of dissolution proceedings, who does not file a claim or
pursue a remedy in a legal, administrative, or arbitration proceeding during the pendency of the
dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding
before the commencement of the dissolution proceedings, and all those claiming through or under
the creditor or claimant, are forever barred from suing on that claim or otherwise realizing upon
or enforcing it, except as provided in this section.
    Subd. 2. Certain unfiled claims allowed. By one year after articles of dissolution have been
filed with the secretary of state pursuant to this chapter, or a dissolution order has been entered,
a creditor or claimant who shows good cause for not having previously filed the claim may
apply to a court in this state to allow a claim:
(1) against the cooperative to the extent of undistributed assets; or
(2) if the undistributed assets are not sufficient to satisfy the claim, the claim may be
allowed against a member to the extent of the distributions to members in dissolution received
by the member.
    Subd. 3. Omitted claims allowed. Debts, obligations, and liabilities incurred during
dissolution proceedings must be paid or provided for by the cooperative before the distribution of
assets to a member. A person to whom this kind of debt, obligation, or liability is owed but is
not paid may pursue any remedy against the officers, directors, or members of the cooperative
before the expiration of the applicable statute of limitations. This subdivision does not apply to
dissolution under the supervision or order of a court.
History: 1989 c 144 art 3 s 45