2013 South Carolina Code of Laws
Title 38 - Insurance
CHAPTER 27 - INSURERS' REHABILITATION AND LIQUIDATION ACT
SECTION 38-27-600. Secured creditor's claims.
(a) The value of any security held by a secured creditor must be determined in one of the following ways, as the court may direct:
(1) by converting the same into money according to the terms of the agreement pursuant to which the security was delivered to the creditor; or
(2) by agreement, arbitration, compromise, or litigation between the creditor and the liquidator.
(b) The determination must be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined must be credited upon the secured claim, and any deficiency is treated as an unsecured claim. If the claimant surrenders his security to the liquidator, the entire claim is allowed as if unsecured.
HISTORY: Former 1976 Code Section 38-5-2300 [1982 Act No. 384, Section 41] recodified as Section 38-27-600 by 1987 Act No. 155, Section 1.
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