Section 1007. Notice to creditors; filing or barring claims  


Latest version.
  • (a) At  any  time after dissolution, the corporation may give a notice
      requiring all creditors and claimants, including any  with  unliquidated
      or  contingent  claims and any with whom the corporation has unfulfilled
      contracts, to present their  claims  in  writing  and  in  detail  at  a
      specified place and by a specified day, which shall not be less than six
      months  after the first publication of such notice. Such notice shall be
      published at least once a week for two successive weeks in  a  newspaper
      of  general  circulation  in  the  county  in  which  the  office of the
      corporation was located at the date of dissolution.  On  or  before  the
      date of the first publication of such notice, the corporation shall mail
      a copy thereof, postage prepaid and addressed to his last known address,
      to  each  person  believed  to  be a creditor of or claimant against the
      corporation whose name  and  address  are  known  to  or  can  with  due
      diligence  be  ascertained by the corporation. The giving of such notice
      shall not constitute a recognition that any person is a proper  creditor
      or  claimant,  and  shall  not  revive  or  make  valid, or operate as a
      recognition  of  the  validity  of,  or  a  waiver  of  any  defense  or
      counterclaim  in  respect  of  any  claim  against  the corporation, its
      assets, directors, officers or shareholders, which has  been  barred  by
      any statute of limitations or become invalid by any cause, or in respect
      of  which  the corporation, its directors, officers or shareholders, has
      any defense or counterclaim.
        (b) Any claims which shall have been filed as provided in such  notice
      and  which  shall  be  disputed  by the corporation may be submitted for
      determination to the supreme court under section 1008  (Jurisdiction  of
      supreme  court  to supervise dissolution and liquidation). A claim filed
      by the trustee or paying agent for the holders of bonds or coupons shall
      have the same effect as if filed by the  holder  of  any  such  bond  or
      coupon.  Any person whose claim is, at the date of the first publication
      of such notice, barred by any statute of limitations is not  a  creditor
      or  claimant  entitled to any notice under this section or section 1008.
      The claim of any such person and all other claims which are  not  timely
      filed  as provided in such notice except claims which are the subject of
      litigation on the date of the first publication of such notice, and  all
      claims  which are so filed but are disallowed by the court under section
      1008, shall be forever barred as against the  corporation,  its  assets,
      directors,  officers and shareholders, except to such extent, if any, as
      the court may allow them against any remaining assets of the corporation
      in the case of a creditor who shows satisfactory reason for his  failure
      to file his claim as so provided. If the court requires a further notice
      under  section 1008, any reference to a notice in this section shall, to
      the extent that the court so orders, mean such  further  notice,  except
      that a claim which has been filed in accordance with a notice under this
      section need not be refiled under such further notice.
        * (c) Notwithstanding  this  section  and section 1008, tax claims and
      other claims of this state  and  of  the  United  States  shall  not  be
      required  to be filed under those sections, and such claims shall not be
      barred because not so filed, and  distribution  of  the  assets  of  the
      corporation, or any part thereof, may be deferred until determination of
      any such claims.
        * NB Effective until October 1, 2009
        * (c) Notwithstanding  this  section  and section 1008, tax claims and
      other claims of this state, of the United States and of  the  department
      of  finance  of  the  city of New York shall not be required to be filed
      under those sections, and such claims shall not be barred because not so
      filed, and distribution of the assets of the corporation,  or  any  part
      thereof, may be deferred until determination of any such claims.
    
        * NB Effective October 1, 2009
        (d) Laborer's  wages shall be preferred claims and entitled to payment
      before any other creditors out of  the  assets  of  the  corporation  in
      excess of valid prior liens or encumbrances.