§ 47-13-113. Powers of Successor Trustee
Any trustee so appointed and qualified shall be vested with all the power and authority given in the deed of trust to the original trustee and be subject to all the conditions and limitations therein imposed upon the original trustee.
§ 47-13-114. Release of Sureties
The sureties of a trustee or assignee for the benefit of creditors may be released in the manner prescribed in title 29, chapter 33. Code 1858, § 1978; Shan., § 3527; Code 1932, § 7786; T.C.A. (orig. ed.), § 47-1514.
§ 47-13-115. General Assignments — Preference of Creditors
Preference of creditors in general assignments of all a debtor’s property for the benefit of creditors shall be illegal and voidable, and all general assignments shall operate for the benefit of all the debtor’s creditors pro rata, whether all the creditors are named in the assignment or not. The insertion of a clause in the […]
§ 47-13-116. General Assignments — Prior Conveyance for Benefit of Particular Creditor
Any mortgage, deed of trust, security interest under the Uniform Commercial Code, or any other conveyance of a portion of a debtor’s property for the benefit of any particular creditor or creditors, made within three (3) months preceding a general assignment and in contemplation of making a general assignment, shall be void in the event […]
§ 47-13-117. General Assignments — Prior Judgment by Confession or Default
Any confession of judgment by a debtor, or permitting judgment to be taken by default, or by collusion, within three (3) months preceding a general assignment, and in contemplation of such assignment, shall be void, in the event a general assignment is made within three (3) months after the judgment.
§ 47-13-118. General Assignments — Inventory — Trustee’s Rights to Property
The debtor making a general assignment shall annex thereto a full and complete inventory or schedule under oath of all the debtor’s property of every description, and the trustee or assignee shall be entitled to any other property of the debtor not embraced in the assignment, and not exempt from execution, and also to property […]
§ 47-13-119. Mortgages, Deeds of Trust or Security Agreements
This chapter shall not prevent any person from making a mortgage, deed of trust, or security agreement under the Uniform Commercial Code to secure the payment for property bought or money lent, or for necessary advancements of supplies, stock, or farming implements to be made, to enable the owner of crops to make and save […]
§ 47-13-120. Time for Presenting Claims — Notice
A trustee under a general assignment made for the benefit of creditors shall give notice for a reasonable time by advertisement for four (4) consecutive issues in the nearest newspaper to or within the county in which the trustee is qualified, and by posting at the courthouse door of the county, for all persons having […]
§ 47-13-106. Failure to Settle — Penalty
Any such trustee or assignee, who fails or refuses to settle, as above required, after such citation or notice, commits a Class A misdemeanor, and shall be liable to indictment or presentment in the same manner as administrators who fail or refuse to settle as required of them by law.
§ 47-13-107. Failure to Settle — Removal of Trustee
In addition to the foregoing penalties for failure to settle, the court having the jurisdiction of the monthly county court has the power, and it is its duty, upon application, by petition, unless satisfactory reasons be shown why the same shall not be done, to revoke the appointment of such trustee and remove the trustee, […]