§ 10-18-15 - Dispute of claims during pendency of proceedings.
SECTION 10-18-15
§ 10-18-15 Dispute of claims duringpendency of proceedings. – (a) The court, receiver, debtor, or any creditor may dispute the claim of anycreditor at any time during the pendency of these proceedings. Upon the filingwith the court of a written notice of intention to dispute a claim or upon thedetermination of the court, on its own motion, to dispute a claim, the courtshall cause notice of a hearing thereon to be served on all parties and hold ahearing thereon. At the hearing the court may establish the amount of the claimor make such other determination as shall be fair and equitable under thecircumstances.
(b) Neither the determination of the amount of any claim forthe purposes of the plan, nor the acceptance of payments thereunder, shallaffect the right of any creditor to litigate his or her claim and obtainjudgment thereon, or the right of the debtor to dispute it, and the amount ofany judgments shall be substituted by the receiver for the amount theretoforebeing used as a basis for distribution.