Title 10, Courts and Judicial Procedure

§ 7315A. Distributions. (a) In this section, “protected secured creditor” means a secured creditor whose lien: (1) Is a perfected lien; (2) Cannot be avoided by the assignee under § 7310A(b)(12) of this title; and (3) Is not subordinate to the assignee’s lien. (b) Except as provi…

§ 7316A. Claim subordination. (a) A subordination agreement is enforceable under this chapter to the same extent the agreement is enforceable under other law. (b) Subject to subsection (c) of this section, the following claims are subordinate to a claim or interest that is senior…

§ 7317A. Liability. (a) An assignor is not personally liable for an act or omission by the assignee. (b) An assignee is not personally liable for an act or omission by the assignor. (c) A representative designated by an assignor under § 7308A(b)(4) of this title is exculpated to …

§ 7318A. Assignee removal; successor assignee. (a) The assignor or a creditor may request the Court of Chancery to remove the assignee, if the assignor or creditor has a reasonable belief grounds for removal exist under subsection (b) of this section. (b) After a request under su…

§ 7319A. Winding up. (a) On completion of an assignee’s duties, the assignee shall send a creditor whose claim is allowed under § 7311A of this title, and not satisfied in full, a final accounting sufficient to inform the creditor of all material aspects of the assignment, includ…

§ 7320A. Interstate matters; choice of law. (a) Subject to subsection (b) of this section, an assignment made under the law of another state must be recognized and enforced on an issue if the result for the issue would be substantially similar to the result for the issue if the a…

§ 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, §…

§ 7321A. Court action; rebuttable presumption of notice. (a) (1) Within 14 days of entry into an assignment agreement, the assignee shall file a petition with the Court of Chancery. (2) The Court of Chancery may hear and resolve a matter involving the administration of an assignm…

§ 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 …

§ 7322A. Ancillary assignee. (a) Subject to other law of this State governing a person from another state serving as a fiduciary in this State, the Court of Chancery may appoint a person serving as an assignee in an assignment in another state, or the person’s nominee, as an anci…

§ 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…

§ 7323A. Provisions variable by agreement. (a) Except as provided in this section and § 7310A(b) of this title, the provisions of this chapter may not be varied by agreement. (b) The duties under §§ 7308A(a) and 7309(a) of this title may not be disclaimed by agreement. An assigno…

§ 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…

§ 7324A. Uniformity of application and construction. In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among states that enact it.85 Del. Laws, c. 291, § 1;

§ 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,…

§ 7501. Benefit of State and injured person. Every recognizance and bond, acknowledged or executed, pursuant to any law, or by the direction of the Governor, or of any court, by an executor, administrator, sheriff, or other officer, or person, to the State, with condition for the…

§ 7502. Right of action by injured person; title of action. Every person injured by the breach of the condition of any public recognizance or bond may, in the name of the State, but for such person’s own use, institute an action upon such recognizance or bond, and prosecute the s…

§ 7503. Judgment for less than penalty; security for further damages. A recognizance, bond, or penal sum, shall not be extinguished by a judgment in an action thereon, if for a sum as debt less than the penalty, but shall remain as a security for any damages sustained, or to be s…

§ 7504. Limitation of liability. Nothing contained in this chapter shall make a recognizor, obligor, or other party liable for damages beyond the penalty of his or her recognizance, bond, or specialty; or in any manner extend, abridge, or alter the legal operation of any recogniz…

§ 7505. Inadequate penalty; priority of claims. If the penalty of a recognizance or bond, acknowledged or executed as mentioned in § 7501 of this title, is not adequate to cover all the damages sustained on occasion of the breaches of the condition thereof, and such damages are s…