§ 16-117-306. Distribution of funds
(a) Upon the final hearing, the court, after deducting the cost and paying all public taxes, shall order the proceeds to be distributed among the creditors in the order and with the following preferences: (1) The salaries of employees earned within three (3) months and all laborers’ wages shall be paid first; (2) After making […]
§ 16-117-307. Insolvent partnerships
In the case of an insolvent partnership, all or any of the partners may unite in one (1) complaint filed in the county where either one resides; but in such cases, all individual as well as firm property must be turned over to the receiver, and the firm property and the individual property shall be […]
§ 16-117-401. Assignee to take possession of property — Inventory — Bond to be given
(a) In all cases in which any person makes an assignment of his or her property for the benefit of his or her creditors, it shall be the duty of the assignee named in the deed of assignment to take immediate possession of the property for the purpose of making an inventory and description of […]
§ 16-117-402. Actions contesting assignment
(a) All proceedings for the purpose of contesting the validity of the assignment shall be instituted within six (6) months from the date of the assignment, by filing complaint in the circuit court of the proper county, setting forth the grounds upon which the assignment is contested. (b) Any creditor or person interested in the […]
§ 16-117-403. Contest of assignment due to fraud
Any assignment for the benefit of creditors may be contested or attacked for fraud by any creditors. Proof of fraud on the part of the assignor shall be sufficient to invalidate the assignment, whether the assignee knew of it or not.
§ 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 […]
§ 16-115-108. Interlocutory orders
During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.
§ 16-117-207. Receivers pendente lite generally
(a) In an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners or others jointly owning or interested in any property or fund, on the application of plaintiff or of any party whose right to or […]
§ 16-115-109. Appeals by state
Where the interest or rights of the state or the public is affected by a writ of mandamus or writ of prohibition, the prosecuting attorney or Attorney General may appeal without giving security for costs.