§ 16-117-404. Sale or disposal of property
(a) Upon the petition of any person interested in the execution of the assignment presented to the circuit court, setting forth the necessity for the sale or disposition of the property or any portion thereof not provided for in the deed of assignment, the circuit court shall make such order in relation thereto as may […]
§ 16-117-405. Employment of counsel by assignee
In case any portion of the property involved in the assignment becomes involved in litigation, that fact, when made known to the circuit court by the assignee, shall authorize the circuit court to direct the assignee to employ counsel either to prosecute or defend in the litigation. The circuit court shall stipulate in the order […]
§ 16-117-406. Account of assignee — Allowances to assignee
(a) The assignee shall, in the circuit court of the county in which the assignment is made, after one (1) year from the date of the assignment, and every year thereafter until the proceeds of the property assigned are disposed of for the benefit of creditors, present to the circuit court a fair written statement […]
§ 16-117-407. Liability of assignee on bond
The assignee shall be liable upon his or her bond to anyone interested in the property included in the assignment for any loss that may occur by reason of his or her negligence or mismanagement of the property after the property comes into his or her possession. He or she shall also be liable for […]
§ 16-117-209. Reports and accounts
(a) (1) Receivers shall make report of their proceedings every six (6) months, or more often if required by the court. (2) The performance of this duty may be enforced by attachment, sequestration, or other proper and effectual means. (b) Receivers shall have credit for all taxes, expenses, attorney’s fees, and necessary disbursements, in the […]
§ 16-117-210. Removal
Receivers and others appointed who are subject to the provisions of §§ 16-117-203, 16-117-205, 16-117-206, and 16-117-209, and this section, may be removed at any time by the court when it satisfactorily appears that they have failed to discharge any duty incumbent on them or for other sufficient cause. This may be done upon the […]
§ 16-117-301. Complaint to be declared insolvent — Appointment of receiver
Any insolvent debtor may file in the circuit court of the county in which he or she resides a complaint in which one (1) or more of his or her creditors shall be made defendants, asking to be declared an insolvent, and asking for the appointment of a receiver to take charge of his or […]
§ 16-117-302. Delivery of property — Selection of exempt property
(a) When the receiver has been qualified, the debtor shall turn over to the receiver all of his or her property. For the real estate he or she shall execute, acknowledge, and deliver to the receiver a proper deed of conveyance. (b) The debtor shall be allowed by the court to select and reserve whatever […]
§ 16-117-303. List of creditors furnished — Notice
The debtor shall furnish the names and addresses of his or her creditors, who shall be notified by mail and also by order of publication of the filing of the complaint.
§ 16-117-304. Attachments — Intervention by receiver — Dismissal and return of property
The receiver shall intervene in every case in which the property of the insolvent debtor has, within ten (10) days before the filing of the petition, been attached. Upon the receiver’s motion, every such attachment shall be dissolved and the attached property shall be turned over to the receiver upon the payment by the receiver […]