N.D. Cent. Code § 6-07.2-09

6-07.2-09. Payment of claims

1. All claims against the institution's estate, proved to the receiver's satisfaction or

approved by the circuit court, must be paid in the following order:

a. Administration expenses, including compensation of each regular officer or

employee of the receiver for the time actually devoted to the liquidation of the

institution at an amount not to exceed the compensation paid to the officer or

employee for the performance of the officer's or employee's regular duties; actual

expenses of each regular officer and employee necessarily incurred in the

performance of the officer's or employee's duties; compensation and expenses of

any special representative, assistant, accountant, agent, or attorney employed by

the receiver; court costs; and if the commissioner is acting as receiver, such

reasonable general overhead expenses as may be incurred by the commissioner

in the liquidation of the affairs of the institution which shall be ascertained,

determined, and fixed by the commissioner.

b. Claims given priority under other provisions of state or federal law.

c. Deposit obligations, except that notwithstanding sections 6-03-67 and 41-04-31, if

a depositor is indebted to an insolvent bank, the insolvent bank has a right to

setoff against the depositor's account.

d. Other general liabilities.

e. Debt subordinated to the claims of depositors and general creditors.

f. Equity capital securities.

g. For credit unions and cooperative financial institutions, pro rata distribution to

members computed based on the total amount in each member's deposit

accounts as of the date of liquidation.

2. Interest on a claim may not be paid until all claims within the same class have received

the full principal amount of claim.