reglab/housing_qa huggingface dataset:
TX Fin Code § 36.216 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.216. Preferences

Sec. 36.216.  PREFERENCES.  (a)  A transfer of or lien on the property or assets of a state bank is voidable by the receiver if the transfer or lien:(1)  was made or created less than:(A)  four months before the date the bank is closed for liquidation; or(B)  one year before the date the bank is closed for liquidation if the receiving creditor was at the time an affiliate, officer, director, or principal shareholder of the bank or an affiliate of the bank;(2)  was made or created with the intent of giving to a creditor or depositor, or enabling a creditor or depositor to obtain, a greater percentage of the claimant's debt than is given or obtained by another claimant of the same class; and(3)  is accepted by a creditor or depositor having reasonable cause to believe that a preference will occur.(b)  Each bank officer, director, shareholder, trustee, agent, servant, employee, attorney-in-fact, or correspondent, or other person acting on behalf of the bank, who has participated in implementing a voidable transfer or lien, and each person receiving property or the benefit of property of the bank as a result of the voidable transfer or lien, are personally liable for the property or benefit received and shall account to the receiver for the benefit of the depositors and creditors of the bank.(c)  The receiver may avoid a transfer of or lien on the property or assets of a bank that a depositor, creditor, or  shareholder of the bank could have avoided and may recover the property transferred or its value from the person to whom it was transferred or from a person who has received it unless the transferee or recipient was a bona fide holder for value before the date the bank was closed for liquidation.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 58, eff. September 1, 2007.|
TX Fin Code § 36.217 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.217. Employees of Receiver

Sec. 36.217.  EMPLOYEES OF RECEIVER.  The receiver may employ agents, legal counsel, accountants, appraisers, consultants, and other personnel the receiver considers necessary to assist in the performance of the receiver's duties.  The receiver may use personnel of the department if the receiver considers the use to be advantageous or desirable.  The expense of employing those persons is an administrative expense.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.218 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.218. Disposal of Property; Settling of Claim

Sec. 36.218.  DISPOSAL OF PROPERTY;  SETTLING OF CLAIM.  (a)  In liquidating a bank, the receiver on order of the court entered with or without hearing may:(1)  sell all or part of the property of the bank;(2)  borrow money and pledge all or part of the assets of the bank to secure the debt created, except that the receiver may not be held personally liable to repay borrowed money;(3)  compromise or compound a doubtful or uncollectible debt or claim owed by or owing to the bank;  and(4)  enter another agreement on behalf of the bank that the receiver considers necessary or proper to the management, conservation, or liquidation of its assets.(b)  If the amount of a debt or claim owed by or owing to the bank or the value of an item of property of the bank does not exceed $20,000, excluding interest, the receiver may compromise or compound the debt or claim or sell the property on terms the receiver considers to be in the best interests of the bank estate without obtaining the approval of the court.(c)  The receiver may with the approval of the court sell or offer or agree to sell an asset of the bank, other than a fiduciary asset, to a depositor or creditor of the bank.  Payment may be in whole or part out of distributions payable to the purchasing depositor or creditor on account of an approved claim against the bank's estate.  On application by the receiver, the court may designate one or more representatives to act for certain depositors or creditors as a class in the purchase, holding, and management of assets purchased by the class under this section, and the receiver may with the approval of the court advance the expenses of the appointed representative against the security of the claims of the class.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.219 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.219. Court Order; Notice and Hearing

Sec. 36.219.  COURT ORDER;  NOTICE AND HEARING.  If the court requires notice and hearing before entering an order, the court shall set the time and place of the hearing and prescribe whether the notice is to be given by service on specific parties, by publication, or by a combination of those methods.  The court may not enter an order requested by a person other than the receiver without notice to the receiver and an opportunity for the receiver to be heard.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.220 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.220. Receiver's Report; Expenses

Sec. 36.220.  RECEIVER'S REPORT;  EXPENSES.  (a)  The receiver shall file with the court:(1)  a quarterly report showing the operation, receipts, expenditures, and general condition of the bank in liquidation;  and(2)  a final report regarding the liquidated bank showing all receipts and expenditures and giving a full explanation and a statement of the disposition of all assets of the bank.(b)  The receiver shall pay all administrative expenses out of money or other assets of the bank.  Each quarter the receiver shall swear to and submit an itemized report of those expenses.  The court shall approve the report unless an objection is filed before the 11th day after the date it is submitted.  An objection may be made only by a party in interest and must specify each item objected to and the ground for the objection.  The court shall set the objection for hearing and notify the parties of this action.  The objecting party has the burden of proof to show that the item objected to is improper, unnecessary, or excessive.(c)  The court may prescribe whether the notice of the receiver's report is to be given by service on specific parties, by publication, or by a combination of those methods.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.221 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.221. Court-Ordered Audit

Sec. 36.221.  COURT-ORDERED AUDIT.  The court may order an audit of the books and records of the receiver that relate to the receivership.  A report of an audit ordered under this section shall be filed with the court.  The receiver shall make the books and records relating to the receivership available to the auditor as required by the court order.  The receiver shall pay the expenses of an audit ordered under this section as an administrative expense.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.222 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.222. Safe Deposits and Other Bailments

Sec. 36.222.  SAFE DEPOSITS AND OTHER BAILMENTS.  (a)  A contract between the bank and another person for bailment, of deposit for hire, or for lease of a safe, vault, or box ceases on the date specified for removal of property in the notices that were published and mailed or a later date approved by the receiver or the court.  A person who has paid rental or storage charges for a period extending beyond the date designated for removal of property has a claim against the bank estate for a refund of the unearned amount paid.(b)  If the property is not removed by the date the contract ceases, the receiver shall inventory the property.  In making the inventory the receiver may open a safe, vault, or box, or any package, parcel, or receptacle, in the custody or possession of the receiver.  The property shall be marked to identify, to the extent possible, its owner or the person who left it with the bank.  After all property belonging to others that is in the receiver's custody and control has been inventoried, the receiver shall compile a master list that is divided for each office of the bank that received property that remains unclaimed.  The receiver shall publish, in a newspaper of general circulation in each community in which the bank had an office that received property that remains unclaimed, the list and the names of the owners of the property as shown in the bank's records.  The published notice must specify a procedure for claiming the property unless the court, on application of the receiver, approves an alternate procedure.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.223 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.223. Fiduciary Activities

Sec. 36.223.  FIDUCIARY ACTIVITIES.  (a)  As soon after beginning the receivership proceeding as is practicable, the receiver shall:(1)  terminate all fiduciary positions the bank holds;(2)  surrender all property held by the bank as a fiduciary;  and(3)  settle the bank's fiduciary accounts.(b)  The receiver shall release all segregated and identifiable fiduciary property held by the bank to successor fiduciaries.(c)  With the approval of the court, the receiver may sell the administration of all or substantially all remaining fiduciary accounts to one or more successor fiduciaries on terms that appear to be in the best interests of the bank's estate and the persons interested in the fiduciary accounts.(d)  If commingled fiduciary money held by the bank as trustee is insufficient to satisfy all fiduciary claims to the commingled money, the receiver shall distribute commingled money pro rata to all fiduciary claimants of commingled money based on their proportionate interests after payment of administrative expenses related solely to the fiduciary claims.  The fictional tracing rule does not apply.  To the extent of any unsatisfied fiduciary claim to commingled money, a claimant to commingled trust money is entitled to the same priority as a depositor of the bank.(e)  Subject to Subsection (d), if the bank has lost fiduciary money or property through misappropriation or otherwise, a claimant to the missing fiduciary money or property is entitled to the same priority as a depositor of the bank.(f)  The receiver may require a fiduciary claimant to file a proof of claim if the records of the bank are insufficient to identify the claimant's interest.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.224 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.224. Disposition and Maintenance of Records

Sec. 36.224.  DISPOSITION AND MAINTENANCE OF RECORDS.  (a)  On approval by the court, the receiver may dispose of records of the bank in liquidation that are obsolete and unnecessary to the continued administration of the receivership proceeding.(b)  The receiver may devise a method for the effective, efficient, and economical maintenance of the records of the bank and of the receiver's office.  The method may include maintaining those records on any medium approved by the records management division of the Texas State Library.(c)  To maintain the records of the liquidated bank after the closing of the receivership proceeding, the receiver may reserve assets of an estate, deposit them in an account, and use them for maintenance, storage, and disposal of records in closed receivership estates.(d)  Records of a liquidated bank are not government records for any purpose, including Chapter 552, Government Code, but shall be preserved and disposed of as if they were records of the department under Chapter 441, Government Code.  Those records are confidential as provided by:(1)  Subchapter D, Chapter 31; (2)  Section 59.006;  and(3)  rules adopted under this subtitle.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.103(d), eff. Sept. 1, 2001.|
TX Fin Code § 36.225 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.225. Records Admitted

Sec. 36.225.  RECORDS ADMITTED.  (a)  A record of a bank in liquidation obtained by the receiver and held in the course of the receivership proceeding or a certified copy of the record under the official seal of the receiver is admissible in evidence in all cases without proof of correctness or other proof, except the certificate of the receiver that the record was received from the custody of the bank or found among its effects.(b)  The receiver may certify the correctness of a record of the receiver's office, including a record described by Subsection (a), and may certify any fact contained in the record.  The record shall be received in evidence in all cases in which the original would be evidence.(c)  The original record or a certified copy of the record is prima facie evidence of the facts it contains.(d)  A copy of an original record or another record that is maintained on a medium approved by the records management division of the Texas State Library, within the scope of this section, and produced by the receiver or the receiver's authorized representative under this section:(1)  has the same effect as the original record;  and(2)  may be used the same as the original record in a judicial or administrative proceeding in this state.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.226 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.226. Resumption of Business

Sec. 36.226.  RESUMPTION OF BUSINESS.  (a)  A state bank closed under Section 36.201 may not be reopened without the approval of the banking commissioner unless a contest of liquidation under Section 36.204 is finally resolved adversely to the banking commissioner and the court authorizes the bank's reopening.(b)  The banking commissioner may place temporary limits on the right of withdrawals by or payments to individual depositors and creditors of a bank reopened under this section.  The limits:(1)  must apply equally to all unsecured depositors and creditors;(2)  may not defer a withdrawal by or payment to a secured depositor or creditor without the person's written consent;  and(3)  may not postpone the right of full withdrawal or payment of unsecured depositors or creditors for more than 18 months after the date that the bank reopens.(c)  As a depositor or creditor of a reopened bank, this state or a political subdivision of this state may agree to temporary limits that the banking commissioner places on payments or withdrawals.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.227 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.227. Assets Discovered After Close of Receivership

Sec. 36.227.  ASSETS DISCOVERED AFTER CLOSE OF RECEIVERSHIP.  (a)  The banking commissioner shall report to the court discovery of an asset having value that:(1)  the banking commissioner discovers after the receivership was closed by final order of the court;  and(2)  was abandoned as worthless or unknown during the receivership.(b)  The court may reopen the receivership proceeding for continued liquidation if the value of the asset justifies the reopening.(c)  If the banking commissioner suspects that the information may have been intentionally or fraudulently concealed, the banking commissioner shall notify appropriate civil and criminal authorities to determine any applicable penalties.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.301 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.301. Filing Claim

Sec. 36.301.  FILING CLAIM.  (a)  This section applies only to a claim by a person, other than a shareholder acting in that capacity, who has a claim against a state bank in liquidation, including a claimant with a secured claim and a claimant under a fiduciary relationship who has been ordered by the receiver to file a proof of claim under Section 36.223.(b)  To receive payment of a claim, the person must present proof of the claim to the receiver:(1)  at a place specified by the receiver;  and(2)  within the period specified by the receiver under Section 36.205.(c)  A claim that is not filed within the period specified by the receiver may not participate in a distribution of the assets by the receiver, except that, subject to court approval, the receiver may accept a claim filed not later than the 180th day after the date notice of the claimant's right to file a proof of claim is mailed to the claimant.(d)  A claim accepted and approved under Subsection (c) is subordinate to an approved claim of a general creditor.(e)  Interest does not accrue on a claim after the date the bank is closed for liquidation.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 59, eff. September 1, 2007.|
TX Fin Code § 36.302 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.302. Proof of Claim

Sec. 36.302.  PROOF OF CLAIM.  (a)  A proof of claim must be in writing, be signed by the claimant, and include:(1)  a statement of the claim;(2)  a description of the consideration for the claim;(3)  a statement of whether collateral is held or a security interest is asserted against the claim and, if so, a description of the collateral or security interest;(4)  a statement of any right of priority of payment for the claim or other specific right asserted by the claimant;(5)  a statement of whether a payment has been made on the claim and, if so, the amount and source of the payment, to the extent known by the claimant;(6)  a statement that the amount claimed is justly owed by the bank in liquidation to the claimant;  and(7)  any other matter that is required by the court.(b)  The receiver may designate the form of the proof of claim.  A proof of claim must be filed under oath unless the oath is waived by the receiver.  A proof of claim filed with the receiver is considered filed in an official proceeding for purposes of Chapter 37, Penal Code.(c)  If a claim is founded on a written instrument, the original instrument, unless lost or destroyed, must be filed with the proof of claim.  After the instrument is filed, the receiver may permit the claimant to substitute a copy of the instrument until the final disposition of the claim.  If the instrument is lost or destroyed, a statement of that fact and of the circumstances of the loss or destruction must be filed under oath with the claim.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.303 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.303. Judgment as Proof of Claim

Sec. 36.303.  JUDGMENT AS PROOF OF CLAIM.  (a)  A judgment entered against a state bank in liquidation before the date the bank was closed for liquidation may not be given higher priority than a claim of an unsecured creditor unless the judgment creditor in a proof of claim proves the allegations supporting the judgment to the receiver's satisfaction.(b)  A judgment against the bank taken by default or by collusion before the date the bank was closed for liquidation may not be considered as conclusive evidence of the liability of the bank to the judgment creditor or of the amount of damages to which the judgment creditor is entitled.(c)  A judgment against the bank entered after the date the bank was closed for liquidation may not be considered as evidence of liability or of the amount of damages.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.304 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.304. Secured Claim

Sec. 36.304.  SECURED CLAIM.  (a)  The owner of a secured claim against a bank in liquidation may:(1)  surrender the security and file a claim as a general creditor;  or(2)  apply the security to the claim and discharge the claim.(b)  If the owner applies the security and discharges the claim, any deficiency shall be treated as a claim against the general assets of the bank on the same basis as a claim of an unsecured creditor.  The amount of the deficiency shall be determined as provided by Section 36.305, except that if the amount of the deficiency has been adjudicated by a court in a proceeding in which the receiver has had notice and an opportunity to be heard, the court's decision is conclusive as to the amount.(c)  The value of security held by a secured creditor shall be determined under supervision of the court by:(1)  converting the security into money according to the terms of the agreement under which the security was delivered to the creditor;  or(2)  agreement, arbitration, compromise, or litigation between the creditor and the receiver.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|