Section 56-9-41 – [Time for payment of claims; notice; refusal to pay; penalty; dismissal.]
As soon as practicable and not exceeding thirty days after a time for allowance of demands had under this chapter, provided sufficient money shall have then come into his hands, the assignee or assignees shall pay upon the demands allowed, according to their right, as much as the means on hand will permit after reserving […]
Section 56-9-42 – [Assignee to give information as to condition of estate.]
Every assignee, upon the reasonable request of any person entitled to any demand allowed, or of his agent, shall exhibit to such person or agent the condition of the assets of the assignment and give him all reasonable information concerning the same. History: Laws 1889, ch. 71, § 33; C.L. 1897, § 2859; Code 1915, […]
Section 56-9-43 – [Petition for relief against assignee; citation; procedure.]
Upon petition in behalf of any such person to the district court, or judge thereof in vacation, showing good cause therefor, verified by affidavit, such court or judge shall cause any assignee to be cited to appear before the court or judge at such time as may be designated, to answer the allegation of such […]
Section 56-9-44 – [Exempt property not included in assignment.]
All property, both real and personal, exempt from execution under the laws of this state shall not be conveyed by the deed of assignment, and if enumerated therein shall not pass to the assignee, but shall be reserved for the benefit of the assignor, or his family, to be set off and appraised by the […]
Section 56-9-45 – [Prior liens not affected.]
That nothing herein contained shall be so construed as to deprive any person of the benefit of any lien that may have attached to any of the assignor’s property, either at law or in equity, prior to assignment. History: Laws 1889, ch. 71, § 36; C.L. 1897, § 2862; Code 1915, § 318; C.S. 1929, […]
Section 56-9-46 – [Attachment not to issue after assignment.]
No process by attachment shall issue on behalf of any creditor of the assignor after such assignment has been duly made, as in this chapter contemplated, until a court of competent jurisdiction shall have first pronounced the assignment void, ab initio by proper suit or action brought by one or more creditors for that purpose, […]
Section 56-9-47 – [Preferences inure to benefit of all creditors alike.]
Should any preference be made in favor of any creditor, other than in this chapter provided, such preference shall inure to the benefit of all creditors alike. History: Laws 1889, ch. 71, § 38; C.L. 1897, § 2864; Code 1915, § 320; C.S. 1929, § 7-147; 1941 Comp., § 23-147; 1953 Comp., § 27-1-47. ANNOTATIONS […]
Section 56-9-48 – [Discharge; application by assignee; notice; contents of petition.]
When any assignee becomes satisfied that it is no longer advantageous to the creditors of his assignor to keep the assignment open, he may apply to the district court for a discharge from his trust, upon a notice of his intention to make such application, stating the time thereof, which notice shall be published in […]
Section 56-9-49 – [Hearing and determination of application for discharge.]
If no person interested shall, within one week after filing such petition, file written objections to such discharge, accompanied by specific reasons, the court may refer the application to some competent and reliable person to examine the merits of the application and report to the court, with all convenient speed thereon; and, upon the filing […]
Section 56-9-50 – [Appeals from final judgment.]
Appeals may be taken from the final judgment of the court, in the same manner as now provided by law, for appeals or writs of error in ordinary cases. History: Laws 1889, ch. 71, § 41; C.L. 1897, § 2867; Code 1915, § 323; C.S. 1929, § 7-150; 1941 Comp., § 23-150; 1953 Comp., § […]