Ind. Trial Rule 66

creditors and statutory and other liquidators; claims

against such officers

Effective January 1, 1970

(A) Actions; appointment; procedure.

An action wherein a receiver, assignee for the benefit of creditors or statutory, or other liquidator has been appointed shall not be dismissed except by order of the court. Administration

of such estates shall be in accordance with the practice heretofore followed. In all other

respects the action in which the appointment of such officer is sought or which is brought by

or against him is governed by these rules.

(B) Statement of assets and liabilities.

Whenever a receiver, assignee for the benefit of creditors, statutory or other liquidator shall

have been appointed to take over the business or assets of any person, organization, or partnership, the court appointing such officer may, or upon petition of any interested person

shall, fix a time within which the person, or members, owners, agents or officers of the business or assets so placed in the hands of the officer, shall file with the clerk of the court in

which such proceedings are had, a full, complete, itemized statement in affidavit form, setting

forth in detail all the assets and all the liabilities of such person, organization or partnership

including a list of the names and addresses of all known creditors. In case of noncompliance,

the statement shall be prepared by the liquidator.

(C) Notice of appointment--Time within which to file claims.

After such statement is filed, such officer shall give reasonable notice of his appointment by

publication as ordered by the court, and the receiver shall mail a copy of said notice to all

creditors listed on the statement so filed or prepared. Said notice shall state the date of

appointment of the receiver and the period of time, as shall have been fixed by the court,

within which creditors may file claims. Said period of time shall not be less than six [6]

months from said date of appointment.

(D) Claims.

The procedure for the filing, consideration, allowance or trial of claims in receiverships and

assignments for the benefit of creditors, or statutory or other liquidations, shall, insofar as is

practicable, conform with the procedure relating to claims in decedents’ estates.

(E) Claims which must be paid without filing.

A receiver, assignee for the benefit of creditors, statutory or other liquidator shall pay or

make distributions according to priorities as required by law upon all claims, whether properly filed or filed within the allowed time after the appointment of the officer, if:

(1) liquidated in amount or capable of liquidation by a mathematical computation;

(2) the claim was owing and could have been filed and proved after the officer’s appointment; and

(3) it is shown to be unpaid or owing upon the books or records of the debtor regularly

and currently maintained for the purpose of showing the status of claims of such class.

Payment or distribution hereunder may be recovered by the officer or his successor to the

extent it was excessive, not owing, or not payable. Upon petition of any interested person or

the officer prior to final distribution or along with a petition for final distribution, the court

may determine the existence or nonexistence of claims subject to this subdivision and may

issue appropriate orders for payment or nonpayment as the case may be.