Ohio § 3903.35

§ 3903.35.

(A) Proof of all claims shall be filed with the liquidator in the form required by section 3903.36 of the Revised Code on or before the last day for filing specified in the notice required under section 3903.22 of the Revised Code , except that proof of claims for cash surrender values or other investment values

in life insurance and annuities need not be filed unless the liquidator expressly

so requires. (B) The liquidator may permit a claimant making a late filing to share in distributions,

whether past or future, as if he were not late, to the extent that any such payment

will not prejudice the orderly administration of the liquidation, under any of the

following circumstances: (1) The existence of the claim was not known to the claimant and he filed his claim as

promptly thereafter as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under sections 3903.26 to 3903.28 of the Revised Code , or was voluntarily surrendered under section 3903.29 of the Revised Code , and the filing satisfies the conditions of section 3903.29 of the Revised Code ; (3) The valuation, under section 3903.41 of the Revised Code , of security held by a secured creditor shows a deficiency, and the claim is filed

within thirty days after the valuation. (C) The liquidator shall permit late filing claims to share in distributions, whether

past or future, as if they were not late, if such claims are claims of a guaranty

association or foreign guaranty association for reimbursement of covered claims paid

or expenses incurred, or both, subsequent to the last day for filing where such payments

were made and expenses incurred as provided by law. (D) The liquidator may consider any claim filed late which is not covered by division

(B) of this section, and permit it to receive distributions which are subsequently

declared on any claims of the same or lower priority if the payment does not prejudice

the orderly administration of the liquidation.  The late-filing claimant shall receive, at each distribution, the same percentage

of the amount allowed on his claim as is then being paid to claimants of any lower

priority.  This shall continue until his claim has been paid in full.