10 Del. C. § 7313A: Proof of claim.
Where this section sits in the code
- Title 10. Courts and Judicial Procedure
- Special Proceedings
- 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