Any creditor of the assignor who questions the validity of any other creditor's claim, or the trustee if he questions the validity of any claim, may file, within 30 days after the recordation of the deed, a petition against the creditor whose claim is questioned in the court that would have jurisdiction if the action was brought by the creditor whose claim is questioned against the assignor, and the burden of proof shall be upon the creditor whose claim is questioned. Upon the filing of such petition, the court may order the party whose claim is questioned to appear to defend such claim and the court shall determine the matter in a summary way.
1924, p. 658; Michie Code 1942, § 5278c; Code 1950, § 55-158; 2019, c. 712.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 18.1 - Assignments for Benefit of Creditors
§ 8.01-525.1. Recordation; notice of sale; preferences prohibited
§ 8.01-525.2. Substitution of another trustee by creditors
§ 8.01-525.3. Procedure to question claim of creditor
§ 8.01-525.4. Provision to bar further claim by creditors who accept deed
§ 8.01-525.5. Compensation of trustee
§ 8.01-525.6. Petition for assignment of salary, wages, or income for the benefit of creditors
§ 8.01-525.7. Trustee; rights and duties; compensation
§ 8.01-525.8. Resignation of trustee
§ 8.01-525.9. Debts; order of payment
§ 8.01-525.10. Exemption from garnishment, levy, or distress