Del. Code Ann. tit. 10, § 7312A

Disputed and disallowed claims

85 Del. Laws, c. 291, § 1;
  1. (a) An assignee may dispute a creditor’s claim before final distribution by sending notification in a record stating the nature of the assignee’s dispute to the creditor.
  2. (b) (1) The assignee may commence a proceeding under § 7321A of this title objecting to the creditor’s claim, in whole or part.

    1. (2) The assignee must commence any proceeding under paragraph (b)(1) of this section before final distribution under § 7315A of this title. If the proceeding is not filed before final distribution, the assignee shall allow the claim under § 7311A of this title.
  3. (c) An assignee shall create a dollar-for-dollar reserve for the estimated amount of the potential distribution on a disputed claim and may seek the Court of Chancery’s approval of the estimated amount of the claim in accordance with § 7321A of this title.
  4. (d) Subject to subsection (b) of this title, an assignee shall disallow a claim for reimbursement or contribution of a person that is liable with the assignor on, or that has secured, the claim, to the extent:

    1. (1) The claim against the assignment estate is disallowed;
    2. (2) The claim for reimbursement or contribution is contingent as of the time of allowance or disallowance; or
    3. (3) The person asserts a right of subrogation to the rights of a creditor.
  5. (e) A claim for reimbursement or contribution of a person liable with the assignor on, or that has secured, the claim that becomes fixed after the effective date of the assignment agreement shall be determined, and shall be allowed or disallowed, subject to subsection (b) of this section, as if the claim had become fixed before the effective date of the assignment agreement.
  6. (f) An assignee may reconsider the assignee’s decision to allow or disallow a claim for cause. If a reconsidered claim is allowed under § 7311A of this title, before the assignee makes additional payments or transfers to other creditors that are equal or junior in priority under § 7315A of this title to the reconsidered claim, the creditor with the reconsidered claim shall receive a payment or transfer in an amount proportionate in value to the payments or transfers already received by the other creditors. This subsection does not modify the assignee’s right under other law to recover from a creditor an excess payment or transfer made to the creditor. If a reconsidered claim is disallowed, the assignee shall comply with subsections (b) and (c) of this section.

85 Del. Laws, c. 291, § 1

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