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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Business & Commerce Code § 23.31: CREDITOR'S PROOF AND ASSIGNEE'S ALLOWANCE OF CLAIM.

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Where this section sits in the code
  1. BUSINESS AND COMMERCE CODE
  2. TITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD
  3. CHAPTER 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS
  4. SUBCHAPTER D. DUTIES AND RIGHTS OF CREDITORS

(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.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

Collected 2026-08-27T01:46:56Z. Source file · JSON

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