Title 10, Courts and Judicial Procedure

§ 7305. Creditor’s affidavit of fraud; jury trial. Any creditor in any sum not less than $50, the amount of which shall be proved by affidavit, may file an allegation of fraud against the petitioner, specifying the supposed fraudulent transactions, to which allegation the petitio…

§ 7306. Hearing by court in absence of allegation of fraud. If an allegation of fraud is not filed, or being filed is withdrawn, the court shall hear what is alleged and proved for or against granting the prayer of the petition.Code 1852, § 2685; Code 1915, § 4617; Code 1935, § 5…

§ 7307. Interrogatories to petitioner. Interrogatories may be proposed by any creditor to the petitioner, touching the causes of the petitioner’s insolvency, the ownership, disposal and state of any property, the time of contracting any debt, or of executing any security, deed, o…

§ 7308. Order to surrender property. Upon sufficient cause shown, the court may order the petitioner to produce any money in the petitioner’s possession or control, or any deeds, bonds, notes, books of account, or other writings relating to his or her estate, and remand the petit…

§ 7309. Penalties for fraud of petitioner. If it appears to the court that the petitioner has fraudulently secreted, transferred, disposed of, or removed any goods, chattels, rights, credits, money, or other property, or has been guilty of deception or fraud in contracting any de…

§ 7310. Discharge of petitioner. If it appears to the court that there is no sufficient cause for remanding the petitioner, it shall order that the petitioner be discharged from imprisonment after first fulfilling the requirements of §§ 7311 and 7312 of this title.Code 1852, § 26…

§ 7311. Oath of insolvency upon discharge. Before an order for a petitioner’s discharge, the petitioner shall take an oath or affirmation according to the following form, the same being first distinctly read to him or her: “I ________________________ do solemnly swear (or affirm)…

§ 7312. Petitioner’s assignment in trust for creditors on discharge. The petitioner shall also, before an order for his or her discharge, execute a deed of assignment, to a trustee, or trustees, appointed by the Court. Such deed shall be endorsed upon, or annexed to the petition,…

§ 7313. Petition in Chancery for discharge. Whoever is imprisoned for the nonperformance of any order or judgment for the payment of money, or costs, by virtue of attachment, or other process, issued out of the Court of Chancery, having resided within the State for 1 year next be…

§ 7314. Records of proceedings. Every petition, and all proceedings, orders and adjudications in cases of insolvency, shall be recorded by the prothonotary, or Register in Chancery, in suitable books kept for the purpose. A correct alphabetical index shall be kept for each book.C…

§ 7321. Deed of assignment as court record; copy as evidence. A deed of assignment, executed pursuant to § 7312 of this title, shall be deemed to be a record of the court in which it is executed. A certified copy thereof shall be competent evidence.Code 1852, § 2702; Code 1915, §…

§ 7322. Vesting of title under assignment. The assignment shall vest in the trustee or trustees therein named, all the property and estate of the petitioner at the time of executing the same, real and personal, legal and equitable, and of every nature and description, as well as …

§ 7323. Possession of property by trustees; exemption and valuation. The trustee or trustees shall take possession of all property and estate, except wearing apparel and the necessary bedding of the petitioner and the petitioner’s family, and the tools, or implements, of the peti…

§ 7324. Rental liability of property assigned; payment before removal. If the petitioner is a tenant holding any lands or tenements under rent, the petitioner’s goods and chattels that are on the demised premises at the time of executing the assignment, shall be liable for the re…

§ 7325. Duties and powers of trustees. The trustee or trustees, or the survivors or survivor of them, or the executors or administrators of such trustee or survivor, shall collect, recover and reduce into possession all the rights, whether real or personal, credits and things in …

§ 7326. Abatement of actions pending at assignment. No action or proceeding of the petitioner at law, or in equity, shall be abated by the assignment, but such action or proceeding may be continued and execution may be issued on any judgment recovered by the petitioner, as if no …

§ 7327. Release after assignment. No release, acquittance, or receipt, made by the petitioner after executing the deed of assignment, of any debt, demand, right, action, or cause of action, existing at or before the time of executing the deed, shall be of any force or effect.Code…

§ 7328. Disposition of proceeds from petitioner’s estate. The net proceeds of the petitioner’s estate, after deducting just expenses of executing the trust and a reasonable commission to the trustees, shall be applied towards payment of such demands against the petitioner as are …

§ 7329. Admission of demands payable in future. A demand existing at the time of executing the deed of assignment, but payable at a future day (subject to the proper discount if payable without interest) shall be admitted in the distribution of the petitioner’s estate.Code 1852, …

§ 7330. Determination of controversies respecting demands or claims. Controversies arising in the course of the execution of the trust, respecting any disputed demands or claims, may be referred, compromised, or settled, as may be deemed expedient.Code 1852, § 2711; Code 1915, § …

§ 7331. Court’s powers with respect to trustees. The court may, in its discretion, require the trustee or trustees to give bond with security to the State for the faithful execution of the trust. It may, in its discretion, remove the trustee or trustees and compel an assignment o…

§ 7341. Freedom from arrest; after-acquired property. A person discharged from imprisonment, pursuant to subchapters I and II of this chapter, shall not be afterwards arrested or imprisoned for any debt or demand contracted or existing before such discharge, except debts and dema…

§ 7351. Petition for maintenance. Whoever is imprisoned for debt, damages, or costs of a civil action, or for nonperformance of an order or judgment for the payment of money, by virtue of original execution, other process, or commitment, may prefer to the Superior Court of the co…

§ 7352. Hearing on petition; order for recognizance of. (a) If, upon the hearing of a petition filed under § 7351 of this title and reasonable notice in writing of the time and place thereof to the party at whose suit the petitioner is imprisoned, or the party’s attorney or agent…

§ 7353. Recognizance. The prothonotary may approve the surety and take the recognizance directed by the order issued under § 7352 of this title. The recognizance shall be joint and several.Code 1852, § 2720; Code 1915, § 4640; Code 1935, § 5098; 10 Del. C. 1953, § 7353;

§ 7354. Discharge upon failure to give recognizance. If the order issued under § 7352 of this title is not complied with by the person on whom it is made (or by some 1 of them if there be several) within 10 days after the same is made, the prothonotary shall certify the order and…

§ 7355. Discharge upon creditor’s action to discontinue liability. (a) The principal in any recognizance entered into under the provisions of this subchapter may, at any time, cause an entry to be made upon the recognizance, or the record thereof, and signed by the principal, to …

§ 7356. Petition by prisoner to give security for debt. Whoever is imprisoned for the reasons stated in § 7351 of this title may prefer a petition to the Superior Court setting forth that such person is willing and able to give to the creditor good and sufficient security for the…

§ 7357. Arrest upon same process; continuation of obligations. A person discharged from imprisonment pursuant to § 7354, § 7355 or § 7356 of this title shall not be again arrested upon the same process, but such imprisonment and discharge shall have no other effect. No judgment, …

§ 7358. Special proceedings; affidavit of fraud. (a) The provisions of this subchapter for the discharge of a person imprisoned on civil process, upon failure of the party at whose suit such person is imprisoned to indemnify the county, shall not apply to the case of a prisoner r…

§ 7371. Appearance in actions. The appearance of any person who is discharged from imprisonment according to subchapters I-IV of this chapter may be entered in any action, from process in which such person is so discharged. Such action may be proceeded in on the ground of such ap…

§ 7372. Imprisonment by United States or for other cause. No proceeding or order under subchapters I-IV of this chapter shall discharge any person imprisoned by the authority of the United States from such imprisonment, nor shall any such proceeding or order discharge any person …

§ 7373. Preservation of liens and liability of sureties and others. No proceeding under subchapters I-IV of this chapter shall in any way impair the lien of any mortgage, judgment, recognizance, execution, or any other lien, or the liability of one who, as surety, joint debtor, o…

§ 7374. Penalties for false swearing. Whoever, to whom an oath or affirmation is administered under subchapters I-IV of this chapter, wilfully and falsely swears or affirms, in any matter, shall be guilty of wilful and corrupt perjury, and shall forfeit all benefit under such sub…

§ 7381. Filing inventory of property assigned [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 1; Code 1915, § 4651; Code 1935, § 5109; 10 Del. C. 1953, § 7381; 70 Del. Laws, c. 186, § 1; repealed by 85 Del. Laws, c. 291, § 2, ef…

§ 7382. Appointment and duties of appraisers [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 2; Code 1915, § 4652; Code 1935, § 5110; 10 Del. C. 1953, § 7382; repealed by 85 Del. Laws, c. 291, § 3, effective June 10, 2026.;

§ 7383. Assignee’s bond [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 3; Code 1915, § 4653; Code 1935, § 5111; 48 Del. Laws, c. 88, § 1; 10 Del. C. 1953, § 7383; 70 Del. Laws, c. 186, § 1; repealed by 85 Del. Laws, c. 291, § 4…

§ 7384. Proceedings on bond [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 4; Code 1915, § 4654; Code 1935, § 5112; 10 Del. C. 1953, § 7384; repealed by 85 Del. Laws, c. 291, § 5, effective June 10, 2026.;

§ 7385. Assignees’ accounts and exceptions [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 5; Code 1915, § 4655; Code 1935, § 5113; 48 Del. Laws, c. 80, § 1; 10 Del. C. 1953, § 7385; 70 Del. Laws, c. 186, § 1; repealed by 85 Del…

§ 7386. Removal of assignees [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].15 Del. Laws, c. 187, § 6; Code 1915, § 4656; Code 1935, § 5114; 10 Del. C. 1953, § 7386; repealed by 85 Del. Laws, c. 291, § 7, effective June 10, 2026.;

§ 7387. Void preferences of creditors [For application of this section, see 85 Del. Laws, c. 291, § 9] [Repealed].Code 1852, § 2915; Code 1915, § 4795; Code 1935, § 5282; 10 Del. C. 1953, § 7387; 70 Del. Laws, c. 186, § 1; repealed by 85 Del. Laws, c. 291, § 8, effective June 10,…