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The purpose of a proof of claim is to give notice of the claim to the court, the debtor, the trustee and other creditors. A properly prepared proof of claim constitutes prima facie evidence of the validity and amount of the claim and is deemed allowed, unless a party in interest (such as the debtor) objects.
Delaware law does not specify the time to respond. For a motion in the Superior Court, the plaintiff must respond no later than four days before the date when the hearing on the motion is scheduled. If the plaintiff does not respond, the motion is deemed unopposed.
An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
Each Justice is obligated to decide all assigned matters within 90 days of submission. If any matter is pending before a Justice beyond 90 days, that Justice must file a report with the Chief Justice by the 10th day of the next month with an explanation for the delay.
Electronically filed claims can be filed, amended and withdrawn on the Court's website. The Official Form B410 (Proof of Claim) is automatically generated and allows the attachment of supporting documentation. The final claim form can be printed or saved electronically and assigns a claim number to the filing.
A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.
A Proof of Claim is a written statement and any supporting documentation which describes the reason the debtor owes the creditor money. The claim must be filed using Official Form 410.
§ 3901 and Delaware Superior Court Civil Rule 133, all settlements of tort claims brought my minors (through his/her parent, guardian, etc.) in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement.