The receiver generally may not pay claims without court approval, with a stated exception for certain administrative-expense claims.
Sec. 186.310. PAYMENT OF CLAIM. (a) Except as expressly provided otherwise by this subchapter or Subchapter C, without the approval of the court the receiver may not make a payment on a claim, other than a claim for an obligation incurred by the receiver for administrative expenses. (b) The banking commissioner shall deposit in one or more banks located in this state all money available for the benefit of nonclaiming depositors and creditors. The banking commissioner shall pay the depositors or creditors on demand any amount held for their benefit. (c) The receiver may periodically make partial distribution to the holders of approved claims if: (1) all objections have been heard and decided as provided by Section 186.308; (2) the time for filing appeals has expired as provided by Section 186.309; (3) money has been made available to provide for the payment of all nonclaiming depositors and creditors in accordance with Subsection (b); and (4) a proper reserve is established for the pro rata payment of: (A) rejected claims that have been appealed; and (B) any claims based on unliquidated or undetermined demands governed by Section 186.305. (d) As soon as practicable after the determination of all objections, appeals, and claims based on previously unliquidated or undetermined demands governed by Section 186.305 and money has been made available to provide for the payment of all nonclaiming depositors and creditors in accordance with Subsection (b), the receiver shall distribute the assets of the state trust company in satisfaction of approved claims other than claims asserted in a person's capacity as a shareholder, participant, or participant-transferee. Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.