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Home » US Law » 2022 New York Laws » Consolidated Laws » DCD - Debtor and Creditor » Article 2-A - Secured Creditors

30 – Definitions.

§ 30. Definitions. As used in this article, unless the context or subject matter requires otherwise: (a) “Liquidation proceeding” includes all assignments for the benefit of creditors, whether voluntary or by operation of law; equity receiverships where the subject under receivership is insolvent; and any other proceedings for distribution of assets of any insolvent debtor, […]

31 – Secured Creditor’s Claim to Disclose Security.

§ 31. Secured creditor’s claim to disclose security. In a liquidation proceeding every secured creditor’s claim against the general assets shall disclose the nature of the security. When in an equity receivership it is determined that the subject under receivership is insolvent, secured creditors having claims on file which do not comply with this section […]

32 – Effect of Concealment.

§ 32. Effect of concealment. Any secured creditor who with intent to evade the provisions of this article fails to disclose the existence of the security shall not be entitled to receive or retain dividends out of the general assets, unless he thereafter releases or surrenders to the liquidator the security which he has failed […]

33 – Value of Security Credited Upon Claims.

§ 33. Value of security credited upon claims. Dividends paid to secured creditors shall be computed only upon the balance due after the value of all security not exempt from the claims of unsecured creditors and not released or surrendered to the liquidator, is determined and credited upon the claim secured by it.

34 – Determination of Value by Secured Creditor.

§ 34. Determination of value by secured creditor. The value of assets constituting the security may be determined by one of the following methods by the secured creditor: (1) By collection. When the asset constituting the security is an obligation for the payment of money, the secured creditor may determine its value by collection or […]

35 – Alternative Determinations of Value.

§ 35. Alternative determinations of value. Where valuation under the provisions of section thirty-four is impracticable or would cause undue delay, the court, upon petition by either the secured creditor or the liquidator, may order the value of the security determined by any of the following methods: (1) By compromise, if the secured creditor and […]

36 – Exempt Security Not Credited.

§ 36. Exempt security not credited. When any creditor has legal or equitable security upon assets which are exempt from process for the satisfaction of unsecured debts and are duly claimed as exempt by the insolvent debtor, the value of such security shall not be credited upon the claim. Amounts realized by the creditor from […]

37 – Constitutionality.

§ 37. Constitutionality. If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications thereof which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be […]

38 – Uniformity of Interpretation.

§ 38. Uniformity of interpretation. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.