Sec. 12. The clerk of the court shall spread the report and list upon the appearance docket of the court. The clerk shall distinguish between the claims the trustee has determined to allow and the claims the trustee has refused to allow. In all cases in which the trustee has refused to allow a claim, and in which a creditor objects to the allowance of the claim of another creditor, the judge may order the case to stand for trial at the next term of the court. The trial shall be governed by the rules regulating the trials of similar actions in the circuit court. If, after trial of the claim, the court is satisfied that the claim is valid and just, the court shall order the claim to be allowed and paid as other similar claims are paid. The court shall also make an order with respect to costs as the court considers just.
[Pre-2002 Recodification Citation: 32-12-1-12.]
As added by P.L.2-2002, SEC.3.
Structure Indiana Code
Article 18. Interests of Creditors in Property
Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors
32-18-1-3. Trustee; Duties on Execution of Assignment; Bond
32-18-1-4. Circuit Court Clerk's Recording of Filing of Indenture, Schedule, and Undertaking
32-18-1-5. Trustee; Removal Upon Petition of Assignor or Creditor
32-18-1-6. Trustee; Notice of Appointment; Inventory of Property
32-18-1-7. Appraisers; Oath Required
32-18-1-8. Appraisal of Property
32-18-1-9. Appraisal; Set Off to Resident Household Assignor
32-18-1-10. Sale of Property; Partition of Land
32-18-1-12. Trial of Disallowed Claims
32-18-1-13. Lien or Encumbrance on Property Sold
32-18-1-14. Distribution of Money in Possession of Trustee
32-18-1-15. Examination of Assignor or Transferee
32-18-1-16. Oath of Persons Filing Claims
32-18-1-17. Debt or Claim Belonging to Assignor; Compounding or Compromising
32-18-1-18. Trustee; Final Report; Discharge From Trust
32-18-1-19. Trustee; Removal; Vacancy
32-18-1-21. Fees Allowed Clerk of Court; Compensation of Appraisers and Trustee