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§ 10-489. Procedures for filing claims

West's Annotated Code of MarylandHuman ServicesEffective: October 1, 2007

West's Annotated Code of Maryland
Human Services (Refs & Annos)
Title 10. Department of Aging (Refs & Annos)
Subtitle 4. Continuing Care (Refs & Annos)
Part VIII. Delinquency Proceedings (Refs & Annos)
Effective: October 1, 2007
MD Code, Human Services, § 10-489
§ 10-489. Procedures for filing claims
After order that provider is impaired
(a)(1) If on issuance of an order of liquidation under this subtitle or at any time during a liquidation proceeding the provider is not clearly solvent, the court, after notice it considers proper and a hearing, shall issue an order that the provider is an impaired provider.
(2) Notwithstanding any previous notice given to creditors, after issuance of an order under paragraph (1) of this subsection, the Secretary shall notify each person that may have a claim against the provider that the claim is forever barred unless the person files the claim with the Secretary at a place and within the time specified in the notice.
(3) The time specified in the notice:
(i) shall be as set by the court for filing claims; but
(ii) may not be less than 6 months after issuance of the order that the provider is an impaired provider.
(4) The notice shall be given in the manner and for the reasonable period of time that the court orders.
Form and filing of claims
(b)(1) Each claimant shall set forth in reasonable detail:
(i) the amount of the claim or the basis on which the amount can be determined;
(ii) the facts on which the claim is based; and
(iii) any priority asserted by the claimant.
(2) Each claim shall:
(i) be verified by the affidavit of the claimant or a person authorized to act on behalf of the claimant who has knowledge of the facts; and
(ii) be supported by any documents that may be material to the claim.
(3) Each claim shall be filed with the receiver in the State on or before the last date specified under this subtitle for filing of claims.
Report and recommendation of receiver
(c) The receiver shall:
(1) report a claim to the court:
(i) within 10 days after receiving the claim; or
(ii) within an additional period set by the court for good cause shown; and
(2) recommend in the report action to be taken on the claim.
Time for hearing; notice
(d)(1) On receipt of the report of the receiver, the court shall:
(i) set a time for hearing the claim; and
(ii) direct the claimant or receiver to give notice as the court determines to each person that appears to the court to be interested in the claim.
(2) The notice given in accordance with this subsection shall:
(i) specify the time and place of the hearing; and
(ii) state concisely:
1. the amount and nature of the claim;
2. any priority asserted by the claimant; and
3. the recommendation of the receiver about the claim.
Hearing and order
(e)(1) At the hearing specified under subsection (d) of this section:
(i) each person with an interest in the claim may appear; and
(ii) the court shall issue an order in which the court allows in part, or disallows the claim.
(2) An order under this subsection is a final order subject to appeal.

Credits

Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007.
MD Code, Human Services, § 10-489, MD HUMAN SERV § 10-489
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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