N.M. Stat. § 59A-41-41
Time to file claims.
A. If upon entry of an order of liquidation of a domestic insurer or United States
branch of an alien insurer domiciled in this state under Chapter 59A, Article 41 NMSA
1978 or at any time thereafter during liquidation proceedings the insurer is not clearly
solvent, the court shall, upon a hearing after such notice as it deems proper, make and
enter an order adjudging the insurer to be insolvent.
B. After entry of order of insolvency and regardless of any prior notice given to
creditors, the superintendent shall notify all persons who may have claims against the
insurer to file such claims, at a place and within the time specified in the notice, or that
such claims may be forever barred. The time specified in the notice shall be fixed by the
court for filing of claims, which shall be not less than six months after entry of the order
of insolvency. The notice shall be given in such manner and for such reasonable period
of time as the court may order.
C. 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 the following
circumstances:
(1)
the existence of the claim was not known to the claimant and the claim
was filed as promptly thereafter as reasonably possible after learning of it;
(2)
a transfer to a creditor was avoided under Sections 59A-41-42 through
59A-41-43.1 NMSA 1978, or was voluntarily surrendered under Section 59A-41-43.3
NMSA 1978 and the filing satisfies the conditions of Section 59A-41-43.3 NMSA 1978;
(3)
the valuation of security held by a secured creditor shows a deficiency,
which is filed within thirty days after the valuation and deficiency is determined by the
court in accordance with the provisions of Subsection D of Section 59A-41-22 NMSA
1978; or
(4)
the claim is from a guaranty association for reimbursement of covered
claims paid or expenses incurred subsequent to the last day for filing where such
payments were made and expenses incurred as provided by law.