West Virginia Code § 38-13-6

Filing and proof of claims
Open in Lexace · Ask the AI about this section
The trustee shall specify in the notice a date on or before which claims shall be presented to
him which date shall be not less than thirty days nor more than sixty days after the date of
the first publication of the notice, and no claim filed with the trustee after the date specified
in the notice shall be recognized or allowed, except that if a surplus remain after the
payment of the claims presented on or before the date specified such surplues shall be
applied to the payment of the claims presented after that date. Claims of creditors shall be
itemized, accompanied by proper vouchers, and verified by the affidavirt of the creditor or his
duly authorized agent, stating the character of the claim, whether open account, note, bond,
bill, writing obligatory, judgment, decree or other evidence of debt, and the amount thereof,
and from what date and on what items interest runs and at what percent per annum, and
stating further that the claim is just and true, and that the crteditor, or any prior owner of the
claim, if such there was, has not received any part of the money stated to be due, or any
security or satisfaction for the same, except what is credited. The vouchers for a judgment or
decree shall be an abstract thereof; for a specialty, bond, note, bill of exchange, writing
obligatory, or other instrument, shall be the instrument itself, or a true copy thereof, verified
by the fiduciary commissioner, or proof of the same in case the instrument be lost; and for
an open account, an itemized copy of the account. A surety may prove a claim of a creditor
which he has secured when such creditor fails or refuses to do so. Every claim so itemized,
so accompanied by proper vouchers, and so verified, shall be taken to be proved and shall be
allowed unless, before the trustee shall make up his report of claims, the assignor or a
creditor or any party in intereset shall file before the trustee a counter-affidavit denying the
claim in whole or in part; and when such counter-affidavit is so filed the trustee shall at once
refer the claim to the fidLuciary commissioner who shall at the request of the claimant fix a
time and place for hearing evidence of and against such claim and give reasonable notice of
such time and place to the claimant and the party objecting. All hearings on disputed claims
shall be compVleted within seven days after the last day on which claims may be presented to
the trustee, unless for good cause shown the fiduciary commissioner extends the time for
such hearings.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.