Delaware Code (Titles 8, 9, 25, 30)
8 Del. C. § 296
Adjudication of claims; appeal
# (a)
The Register in Chancery, immediately upon the expiration of the time fixed for the filing of claims, in compliance with § 295 of this title, shall notify the trustee or receiver of the filing of the claims, and the trustee or receiver, within 30 days after receiving the notice, shall inspect the claims, and if the trustee or receiver or any creditor shall not be satisfied with the validity or correctness of the same, or any of them, the trustee or receiver shall forthwith notify the creditors whose claims are disputed of such trustee’s or receiver’s decision. The trustee or receiver shall require all creditors whose claims are disputed to submit themselves to such examination in relation to their claims as the trustee or receiver shall direct, and the creditors shall produce such books and papers relating to their claims as shall be required. The trustee or receiver shall have power to examine, under oath or affirmation, all witnesses produced before such trustee or receiver touching the claims, and shall pass upon and allow or disallow the claims, or any part thereof, and notify the claimants of such trustee’s or receiver’s determination.
# (b)
Every creditor or claimant who shall have received notice from the receiver or trustee that such creditor’s or claimant’s claim has been disallowed in whole or in part may appeal to the Court of Chancery within 30 days thereafter. The Court, after hearing, shall determine the rights of the parties.
Amendment history
56 Del. Laws, c. 50; 71 Del. Laws, c. 339, §§ 60, 61
Source: view the official text
In this title (40 sections)
- 8-271 · Sale, lease or exchange of assets; consideration; procedure
- 8-272 · Mortgage or pledge of assets
- 8-273 · Dissolution of joint venture corporation having 2 stockholders
- 8-274 · Dissolution before issuance of shares or beginning of business;…
- 8-275 · Dissolution generally; procedure
- 8-276 · Dissolution of nonstock corporation; procedure
- 8-277 · Payment of franchise taxes before dissolution, merger, transfer…
- 8-278 · Continuation of corporation after dissolution for purposes of…
- 8-279 · Trustees or receivers for dissolved corporations; appointment;…
- 8-280 · Notice to claimants; filing of claims
- 8-281 · Payment and distribution to claimants and stockholders
- 8-282 · Liability of stockholders of dissolved corporations
- 8-283 · Jurisdiction
- 8-284 · Revocation or forfeiture of charter; proceedings
- 8-285 · Dissolution or forfeiture of charter by decree of court; filing
- 8-291 · Receivers for insolvent corporations; appointment and powers
- 8-292 · Title to property; filing order of appointment; exception
- 8-293 · Notices to stockholders and creditors
- 8-294 · Receivers or trustees; inventory; list of debts and report
- 8-295 · Creditors’ proofs of claims; when barred; notice
- 8-296 · Adjudication of claims; appeal
- 8-297 · Sale of perishable or deteriorating property
- 8-298 · Compensation, costs and expenses of receiver or trustee
- 8-299 · Substitution of trustee or receiver as party; abatement of…
- 8-300 · Employee’s lien for wages when corporation insolvent
- 8-301 · Discontinuance of liquidation
- 8-302 · Compromise or arrangement between corporation and creditors or…
- 8-303 · Proceeding under the Federal Bankruptcy Code of the United…
- 8-311 · Revocation of voluntary dissolution; restoration of expired…
- 8-312 · Revival of certificate of incorporation
- 8-313 · Revival of certificate of incorporation or charter of exempt…
- 8-314 · Status of corporation
- 8-321 · Service of process on corporations
- 8-322 · Failure of corporation to obey order of court; appointment of…
- 8-323 · Failure of corporation to obey writ of mandamus; quo warranto…
- 8-324 · Attachment of shares of stock or any option, right or interest…
- 8-325 · Actions against officers, directors or stockholders to enforce…
- 8-326 · Action by officer, director or stockholder against corporation…
- 8-327 · Stockholder’s derivative action; allegation of stock ownership
- 8-328 · Effect of liability of corporation on impairment of certain…