What should be the standard of review when the Delaware Court of Chancery considers an appeal from a receiver’s disallowance of a claim pursuant to Section 296(b) of the Delaware General Corporation Law? In B.E. Capital Management Fund v. Fund.com, C.A. No. 12843-VCL (Del. Ch. Oct. 4, 2017), Vice Chancellor J. Travis Laster held that a receiver’s determination is subject to de novo review and the court has discretion to go beyond the record presented to the receiver by conducting an evidentiary hearing.
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