In the event as many as five per cent in number and amount of depositors and stockholders file a petition, duly verified, with the resident or presiding judge of the circuit in which such bank is situate, setting forth that, in their opinion:

1. (1) It would be to the advantage of the depositors and unsecured creditors to reorganize and reopen such bank for business;
2. (2) Under such reorganization plan the depositors and unsecured creditors would receive a larger percentage of their claims than would be paid under a liquidation in court; and

3. (3) It is feasible to reopen the bank on such plan;

   And should such representations appear to the satisfaction of the judge to be true, the court shall fix by order a time and place for the holding of a meeting of depositors, creditors and stockholders of such institution for the purpose of considering and determining upon a plan for the reorganization and reopening of such institution.

HISTORY: 1962 Code SECTION 8-314; 1952 Code SECTION 8-314; 1942 Code SECTION 7874; 1932 (37) 1183.