LD 1534
pg. 18
Page 17 of 22 An Act To Amend the Maine Banking Laws Page 19 of 22
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LR 1922
Item 1

 
(g)__In a case involving liquidation of a corporate
credit union, membership capital of the corporate
credit union;

 
(h)__In a case involving liquidation of a
designated community development credit union, any
outstanding secondary capital accounts issued
pursuant to state law; and

 
(i)__In a case involving liquidation of a
corporate credit union, paid-in capital.

 
G.__Priorities for payment of claims under paragraph F are
based on the circumstances that exist on the date of the
liquidation.

 
H.__If the repudiation or disaffirmance of any contract or
lease gives rise to a claim for damages, the claim must be
considered a general creditor claim under paragraph F,
subparagraph (2), division (e) and not a cost or expense of
liquidation under paragraph F, subparagraph (2), division
(a).

 
I.__All unsecured claims of any category or class or
priority described in paragraph F, subparagraph (2),
divisions (a) to (i) must be paid in full, or provisions
made for such payment, before any claims of lesser priority
are paid.__If there are insufficient funds to pay all claims
of a category or class, payment must be made pro rata.__
Notwithstanding anything to the contrary in this section,
the receiver may, at any time, and from time to time, prior
to the payment in full of all claims of a category or class
with higher priority, make such distributions to claimants
in priority categories described in paragraph F,
subparagraph (2), divisions (a) to (e) as the receiver
believes are reasonably necessary to conduct the
liquidation, as long as the receiver determines that
adequate funds exist or will be recovered during the
liquidation to pay in full all claims of any higher
priority.__If a surplus remains after making distribution in
full on all allowed claims described in paragraph F,
subparagraph (2), divisions (a) to (i), the surplus must be
distributed pro rata to the credit union's members.

 
J.__After all debts, liabilities and obligations of the credit
union are paid or discharged or otherwise adequately provided
for, the receiver shall file articles of dissolution with the
Secretary of State where the original certificate of organization
is recorded.__Articles of


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