17-6906

Chapter 17.--CORPORATIONS
Article 69.--INSOLVENCY; RECEIVERS

      17-6906.   Same; procedure for adjudicating creditors'claims; appeal.(a) The clerk of the district court, immediately upon the expiration of thetime fixed for the filing of claims, in compliance with the provisions ofK.S.A. 17-6905, and amendments thereto, shall notify the receiver of the filingof the claims, and the receiver, within 30 days after receiving the notice,shall inspect the claims, and if the receiver or any creditor shall not besatisfied with the validity or correctness of the same, or any of them, thereceiver shall forthwith notify the creditors whose claims are disputed of suchdecision. The receiver shall require all creditors whose claims are disputed tosubmit themselves to such examination in relation to their claims as thereceiver shall direct, and the creditors shall produce such books and papersrelating to their claims as shall be required. The receiver shall have power toexamine, under oath or affirmation, all witnesses produced before the receivertouching the claims, and shall recommend to the court the allowance ordisallowance of the claims, or any part thereof, and notify the claimants ofsuch determination.

      (b)   The court shall approve, disapprove or modify the recommendations of thereceiver and shall cause notice thereof to be given to the claimants. Within 30days after receipt of such notice, any creditor or claimant dissatisfied withthe court's determination shall have the right to a hearing thereon. The court,after hearing, shall determine the rights of the parties. Any party aggrievedthereby may appeal to the supreme court as a matter of right from the order ordecree expressing such determination.

      History:   L. 1972, ch. 52, § 109;L. 2004, ch. 143, § 67; Jan. 1, 2005.