(1) At
any time prior to the entry of an order approving the general
receiver's final report, the general receiver or any party in
interest may file with the court an objection to a claim, which
objection must be in writing and must set forth the grounds for
the objection. A copy of the objection, together with notice of
hearing, must be mailed to the creditor at least thirty days
prior to the hearing. Claims properly served upon the general
receiver and not disallowed by the court are entitled to share in
distributions from the estate in accordance with the priorities
provided for by this chapter or otherwise by law.
(2) Upon the request of a creditor, the general receiver, or
any party in interest objecting to the creditor's claim, or upon
order of the court, an objection is subject to mediation prior to
adjudication of the objection, under the rules or orders adopted
or issued with respect to mediations. However, state claims are
not subject to mediation absent agreement of the state.
(3) Upon motion of the general receiver or other party in
interest, the following claims may be estimated for purpose of
allowance under this section under the rules or orders applicable
to the estimation of claims under this subsection:
(a) Any contingent or unliquidated claim, the fixing or
liquidation of which, as the case may be, would unduly delay the
administration of the case; or
(b) Any right to payment arising from a right to an
equitable remedy for breach of performance.
Claims subject to this subsection shall be allowed in the
estimated amount thereof.
[2004 c 165 § 24.]
NOTES:
Purpose -- Captions not law -- 2004 c 165: See notes following RCW 7.60.005.