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Session Laws, 1969
Volume 692, Page 66   View pdf image
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66                                 LAWS OF MARYLAND                          [CH. 3

will provide for the payment of the claim when it becomes due. When
a creditor holds any security for an allowable claim due at some future
time he may rely on his rights under Section 8-111 or may file his
claim as an unsecured claim not yet due, with the right of withdraw-
ing the claim prior to the taking of any action thereon, and, after such
withdrawal, rely on his rights as provided in Section 8-111.

8-111. Secured claim.

Payment of a secured claim shall be upon the basis of the full
amount thereof if the creditor shall surrender his security; otherwise
payment shall be upon the basis of one of the following:

(a)    if the creditor shall, during the course of administration,
exhaust his security before receiving payment, upon the full amount
of the claim allowed, less the amount realized upon exhausting the
security; or

(b)    if the creditor shall not have exhausted, or shall not then have
the right to exhaust his security, upon the full amount of the claim
allowed, less the value of the security determined by agreement, or
as the Court may determine.

8-112. Contingent claim.

If a contingent claim becomes absolute before the distribution of
the estate, it shall be paid in the same manner as absolute claims of
the same class. In other cases the personal representative or, on
petition of the personal representative or the claimant in a special
proceeding for the purpose, the Court, may provide for payment in
any one of the following ways:

(a)    The creditor and personal representative may determine,
by agreement, arbitration or compromise, the value thereof, accord-
ing to its probable present worth, and where the personal represen-
tative does not have extended powers, upon approval by the Court,
it may be allowed and paid in the same manner as an absolute claim.

(b)    The Court may order the personal representative to make
distribution of the estate except for sufficient funds to be retained to
pay the claim if and when the same becomes absolute.

(c)    The Court may order distribution of the estate as though
such contingent claim did not exist, but the distributees shall be
liable to the creditor to the extent of the estate received by them, if
the contingent claim thereafter becomes absolute; and the Court
may require such distributees to give bond for the satisfaction of
their liability to the contingent creditor.

(d)    Such other method as the Court may order.

8-113. Counterclaim.

In allowing a claim the personal representative may deduct any
counterclaim which the estate has against the claimant.

8-114. Execution and levy prohibited.

No execution shall issue upon nor shall any levy be made against
any property of the estate under any judgment against a decedent