44-1039. Statement of claim by creditor as
justification for payment by assignee; action to dispute claim;
duty of assignee to permit creditor to inspect claims filed by
other creditors
A. The statement of a creditor, verified and filed with the assignee as provided in
section 44-1038, shall justify the assignee in allowing the claim as a valid claim
against the estate, and it shall be so allowed.
B. A creditor entitled to his proportional share of the debtor's property, unless
the assignor or other creditor disputing the claim shall, within sixty days after
expiration of the time within which creditors are required to file their statements,
commence an action in the superior court of the proper county to set aside the allowance
and to restrain payment thereon. If it appears in such action that the claim or the
disputed part thereof is not lawfully due, the claim shall be disallowed in whole or in
part, and the assignee shall be restrained from paying the claim or any portion
disallowed.
C. The assignee shall permit any creditor to take a copy of any other creditor's
statement of claim filed with the assignee.
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