375.1214. Denial of claim--appeal procedure. - Missouri Statutes

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Statutes > Missouri > T24 > C375 > 375_1214

Denial of claim--appeal procedure.

375.1214. 1. When a claim is denied in whole or in part bythe liquidator, written notice of the determination shall begiven to the claimant or his attorney by first class mail at theaddress shown in the proof of claim. Within sixty days from themailing of the notice, the claimant may file his objections withthe liquidator. If no such filing is made the claimant may notfurther object to the determination.

2. Whenever objections are filed with the liquidator andthe liquidator does not alter his denial of the claim as a resultof the objections, the liquidator shall ask the court for ahearing as soon as practicable and give notice of the hearing byfirst class mail to the claimant or his attorney and to any otherpersons directly affected, not less than ten nor more than thirtydays before the date of the hearing. The matter may be heard bythe court or by a court-appointed referee. Hearings beforecourt-appointed referees shall be conducted in an informal mannerand the formal rules of evidence shall not apply. The refereeshall submit written findings of fact and conclusions of lawalong with his recommendation for disposition which shall becomefinal if a motion for reconsideration before the court is notfiled by the liquidator or claimant with the court within fifteendays that notice of such findings and conclusions is mailed tothe parties. The motion for reconsideration shall allege eitherthe existence of new facts which could not, with reasonablediligence, have been discovered and presented before the referee,or such erroneous conclusions of law, that would justifyreconsideration of the claim by the court. A motion forreconsideration based upon erroneous conclusions of law may bedecided by the court, after opportunity for response by theprevailing party, without necessity of hearing. A motion forreconsideration not ruled upon by the court within ninety daysafter the motion is filed shall be deemed denied for purposes ofappeal.

(L. 1991 H.B. 385, et al. § 88)

State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_1214

Denial of claim--appeal procedure.

375.1214. 1. When a claim is denied in whole or in part bythe liquidator, written notice of the determination shall begiven to the claimant or his attorney by first class mail at theaddress shown in the proof of claim. Within sixty days from themailing of the notice, the claimant may file his objections withthe liquidator. If no such filing is made the claimant may notfurther object to the determination.

2. Whenever objections are filed with the liquidator andthe liquidator does not alter his denial of the claim as a resultof the objections, the liquidator shall ask the court for ahearing as soon as practicable and give notice of the hearing byfirst class mail to the claimant or his attorney and to any otherpersons directly affected, not less than ten nor more than thirtydays before the date of the hearing. The matter may be heard bythe court or by a court-appointed referee. Hearings beforecourt-appointed referees shall be conducted in an informal mannerand the formal rules of evidence shall not apply. The refereeshall submit written findings of fact and conclusions of lawalong with his recommendation for disposition which shall becomefinal if a motion for reconsideration before the court is notfiled by the liquidator or claimant with the court within fifteendays that notice of such findings and conclusions is mailed tothe parties. The motion for reconsideration shall allege eitherthe existence of new facts which could not, with reasonablediligence, have been discovered and presented before the referee,or such erroneous conclusions of law, that would justifyreconsideration of the claim by the court. A motion forreconsideration based upon erroneous conclusions of law may bedecided by the court, after opportunity for response by theprevailing party, without necessity of hearing. A motion forreconsideration not ruled upon by the court within ninety daysafter the motion is filed shall be deemed denied for purposes ofappeal.

(L. 1991 H.B. 385, et al. § 88)

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State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_1214

Denial of claim--appeal procedure.

375.1214. 1. When a claim is denied in whole or in part bythe liquidator, written notice of the determination shall begiven to the claimant or his attorney by first class mail at theaddress shown in the proof of claim. Within sixty days from themailing of the notice, the claimant may file his objections withthe liquidator. If no such filing is made the claimant may notfurther object to the determination.

2. Whenever objections are filed with the liquidator andthe liquidator does not alter his denial of the claim as a resultof the objections, the liquidator shall ask the court for ahearing as soon as practicable and give notice of the hearing byfirst class mail to the claimant or his attorney and to any otherpersons directly affected, not less than ten nor more than thirtydays before the date of the hearing. The matter may be heard bythe court or by a court-appointed referee. Hearings beforecourt-appointed referees shall be conducted in an informal mannerand the formal rules of evidence shall not apply. The refereeshall submit written findings of fact and conclusions of lawalong with his recommendation for disposition which shall becomefinal if a motion for reconsideration before the court is notfiled by the liquidator or claimant with the court within fifteendays that notice of such findings and conclusions is mailed tothe parties. The motion for reconsideration shall allege eitherthe existence of new facts which could not, with reasonablediligence, have been discovered and presented before the referee,or such erroneous conclusions of law, that would justifyreconsideration of the claim by the court. A motion forreconsideration based upon erroneous conclusions of law may bedecided by the court, after opportunity for response by theprevailing party, without necessity of hearing. A motion forreconsideration not ruled upon by the court within ninety daysafter the motion is filed shall be deemed denied for purposes ofappeal.

(L. 1991 H.B. 385, et al. § 88)