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60B.37 FILING OF CLAIMS.
    Subdivision 1. Deadline for filing. Proof of all claims must be filed with the court in the
form required by section 60B.38 on or before the last day for filing specified in the notice required
under section 60B.26, except that proof of preferred ownership claims and proprietary claims
under section 60B.44, subdivisions 10 and 11, need not be filed at all, and proof of claims for
unearned premiums or subscription rates and claims for cash surrender values or other investment
values in life insurance and annuities need not be filed unless the liquidator expressly so requires.
    Subd. 2. Excused late filings. For a good cause shown, the liquidator shall recommend and
the court shall permit a claimant making a late filing to share in dividends, whether past or future,
as if the claimant were not late, to the extent that any such payment will not prejudice the orderly
administration of the liquidation. Good cause includes but is not limited to the following:
(a) that existence of a claim was not known to the claimant and that the claimant filed
within 30 days after learning of it;
(b) that a claim for unearned premiums or for cash surrender values or other investment
values in life insurance or annuities which was not required to be filed was omitted from the
liquidator's recommendations to the court under section 60B.45, and that it was filed within 30
days after the claimant learned of the omission;
(c) that a transfer to a creditor was avoided under sections 60B.30 to 60B.32 or was
voluntarily surrendered under section 60B.33, and that the filing satisfies the conditions of
section 60B.33;
(d) that valuation under section 60B.43 of security held by a secured creditor shows a
deficiency, which is filed within 30 days after the valuation;
(e) that a claim was contingent and became absolute, and was filed within 30 days after it
became absolute; and
(f) that the claim is for workers' compensation benefits and the time limitations and other
requirements of chapter 176 have been met.
    Subd. 3. Unexcused late filings. The liquidator may consider any claim filed late which is
not covered by subdivision 2, and permit it to receive dividends, other than the first dividend,
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 the claim as is then being
paid to other claimants of the same priority plus the same percentage of the amount allowed on
the claim as is then being paid to claimants of any lower priority. This shall continue until the
claim has been paid in full.
History: 1969 c 708 s 37; 1986 c 444; 1991 c 325 art 6 s 1

Official Publication of the State of Minnesota
Revisor of Statutes