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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

10 Del. C. § 7313A: Proof of claim.

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Where this section sits in the code
  1. Title 10. Courts and Judicial Procedure
  2. Special Proceedings
  3. CHAPTER 73A. Uniform Assignment for Benefit of Creditors Act

(a) A proof of claim must:

(1) State the name, address, and other contact information reasonably necessary to communicate with the creditor;

(2) State the amount of the claim;

(3) Briefly state the nature of the claim;

(4) Identify any asset of the assignment estate securing the claim;

(5) Be signed by the creditor under penalty of perjury;

(6) Include a copy of a record, if any, on which the claim is based;

(7) Be submitted using the method established under § 7309A(b)(5) of this title; and

(8) Be submitted by the date established by the assignee under § 7309A(b)(6) of this title.

(b) A proof of claim submitted in compliance with this section is prima facie evidence of the validity and amount of the claim.

(c) The submission by a creditor of a proof of claim in compliance with this section constitutes the creditor’s:

(1) Consent to the jurisdiction of the Court of Chancery under § 7321A of this title; and

(2) Assignment to the assignee of any right of the creditor to bring a voidable transaction action relating to the creditor’s claim.

Collected 2026-09-05T23:02:13Z. Source file · JSON

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