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Current as of April 27, 2021 | Updated by FindLaw Staff
Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor's security. Otherwise, payment is upon the basis of one of the following:
(1) if the creditor exhausts the creditor's security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security; or
(2) if the creditor does not have the right to exhaust the creditor's security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
Cite this article: FindLaw.com - Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-3-811. Secured claims - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-code-ann-sect-72-3-811/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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