Page:United States Statutes at Large Volume 122.djvu/2763

 12 2 STA T . 2 740PUBLIC LA W 110 – 2 89—J UL Y3 0, 2008 claim i s mail edto t h e last add r ess o f the claima n t w hich a p pears —‘ ‘ (I) on the b oo k softhere gu lated entit y; ‘‘(II) in the claim filed by the claimant; or ‘‘(III) in documents submitted in proof of the claim . ‘‘(i v ) CONTE NT S O F NOT IC EOF D IS AL LO W ANCE.—If any claim filed under clause (i) is disallowed , the notice to the claimant shall contain— ‘‘(I) a statement of each reason for the dis - allowance; and ‘‘(II) the procedures available for obtaining agency review of the determination to disallow the claim or j udicial determination of the claim. ‘‘( B ) A LLOWANCE OF PR O V EN CLAI M .— T he receiver shall allow any claim received on or before the date specified in the notice published under paragraph ( 3 )(B)(i) by the receiver from any claimant which is proved to the satisfac- tion of the receiver. ‘‘(C) D ISALLOWANCE OF CLAIMS FILED AFTER FILIN G PERIOD.—Claims filed after the date specified in the notice published under paragraph (3)(B)(i), or the date specified under paragraph (3)(C), shall be disallowed and such dis- allowance shall be final. ‘‘(D) A U T H ORIT Y TO DISALLOW CLAIMS.— ‘‘(i) IN GENERAL.—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 satis- faction of the receiver. ‘‘(ii) P AYMENTS TO LESS THAN FULLY SECURED CREDITORS.—In the case of a claim of a creditor against a regulated entity which is secured by any property or other asset of such regulated entity, the receiver— ‘‘(I) may treat the portion of such claim which e x ceeds an amount e q ual to the fair market value of such property or other asset as an unsecured claim against the regulated entity; and ‘‘(II) may not make any payment with respect to such unsecured portion of the claim, other than in connection with the disposition of all claims of unsecured creditors of the regulated entity. ‘‘(iii) EX CEPTIONS.— N o provision of this paragraph shall apply with respect to— ‘‘(I) any extension of credit from any F ederal R eserve Bank, Federal H ome L oan Bank, or the U nited S tates Treasury; or ‘‘(II) any security interest in the assets of the regulated entity securing any such extension of credit. ‘‘(E) NO J UDICIAL REVIEW OF DETERMINATION PURSUANT TO SU B PARAGRAPH ( D ) .—No court may review the deter- mination of the Agency under subparagraph (D) to disallow a claim. ‘‘(F) LEGAL EFFECT OF FILING.— ‘‘(i) STATUTE OF LIMITATION TOLLED.—For purposes of any applicable statute of limitations, the filing of

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