Page:United States Statutes at Large Volume 103 Part 1.djvu/256

 103 STAT. 228 PUBLIC LAW 101-73 —AUG. 9, 1989 depository institution is filed with the Corporation as receiver, the Corporation shall determine whether to allow or disallow the claim and shall notify the claim- ant of any determination with respect to such claim, "(ii) EXTENSION OF TIME.— The period described in clause (i) may be extended by a written agreement ' between the claimant and the Corporation. " (iii) MAIUNG OF NOTICE SUFFICIENT.—The require- ments of clause (i) shall be deemed to be satisfied if the notice of any determination with respect to any claim is mailed to the last address of the claimant which appears— "(I) on the depository institution's books; "(II) in the claim filed by the claimant; or "(III) in documents submitted in proof of the /. claim. "(iv) CONTENTS OF NOTICE OF E^SALLOWANCE.— If any claim filed under clause (i) is disallowed, the notice to the claimant shall contain— "(I) a statement of each reason for the disallow- ance; and "(II) the procedures available for obtaining agency review of the determination to disallow the claim or judicial determination of the claim. "(B) ALLOWANCE OF PROVEN CLAIMS.— The receiver shall allow any claim received on or before the date specified in the notice published under paragraph (BXBXi) by the re- ceiver from any claimant which is proved to the satisfaction of the receiver. "(C) DISALLOWANCE OF CLAIMS FILED AFTER END OF FIUNG PERIOD.— "(i) IN GENERAL. —Except as provided in clause (ii), claims filed after the date specified in the notice pub- lished under paragraph (BXBXi) shall be disallowed and such disallowance shall be final. "(ii) CERTAIN EXCEPTIONS. —Clause (i) shall not apply with respect to any claim filed by any claimant after the date specified in the notice published under para- graph (BXBXi) and such claim may be considered by the receiver if— "(I) the claimant did not receive notice of the appointment of the receiver in time to file such claim before such date; and "(II) such claim is filed in time to permit pay- ment of such claim. "(D) AUTHORITY TO DISALLOW CLAIMS.— The receiver may disallow any portion of any claim by a creditor or claim of security, preference, or priority which is not proved to the satisfaction of the receiver. "(E) No JUDICIAL REVIEW OF DETERMINATION PURSUANT TO SUBPARAGRAPH (D). — No court may review the Corporation's determination pursuant to subparagraph (D) to disallow a claim. " (F) LEGAL EFFECT OP FIUNG. — "(i) STATUTE OF LIMITATION TOLLED. —For purposes of ^ any applicable statute of limitations, the filing of a

�