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Texas Business and Commerce Code - BUS & COM § 23.31. Creditor's Proof and Assignee's Allowance of Claim

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Within six months after the first publication of notice of appointment required by Section 23.17 of this code, a consenting creditor must file with the assignee a statement, sworn to by the creditor, his agent, or attorney,

(1) describing the nature and amount of the creditor's claim against the assigning debtor;  and

(2) stating that

(A) the claim is true;

(B) the debt is just;  and

(C) all proper credits or offsets have been allowed against the claim.

(b) The assignee shall allow a claim filed under Subsection (a) of this section against the assigned estate unless he has good reason to believe the claim is not just and true.

(c) If a creditor does not file a statement in the time required by Subsection (a) of this section, he is not entitled to receive any of the assigned estate.

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Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 23.31. Creditor's Proof and Assignee's Allowance of Claim - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-23-31/

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