§ 18-2-52. Providing and Filing of Bond by Assignee; Amount of Bond
Upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the judge of the probate […]
§ 18-2-78. Conditions for Voidability of Transfer or Obligation; Judgment
A transfer or obligation is not voidable under paragraph (1) of subsection (a) of Code Section 18-2-74 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. To the extent a transfer is avoidable in an action by a creditor under paragraph (1) of […]
§ 18-2-53. Duties of Assignee Generally; Payment of Preferred Debts After Filing
The assignee shall proceed to carry out the duties imposed upon him by the assignment, but he shall not pay any preferred debt until after 60 days from the filing of the assignment in the clerk of the court’s office in the county in which the assignment was filed. History. Ga. L. 1894, p. 90, […]
§ 18-2-79. Time for Commencement of Action
A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: Under paragraph (1) of subsection (a) of Code Section 18-2-74, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation […]
§ 18-2-54. Powers and Rights of Assignee
The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors. History. Ga. L. 1894, p. 90, § 12; Civil Code 1895, § 2709; Civil Code 1910, § 3242; Code 1933, […]
§ 18-2-55. Nature of Actions to Set Aside Assignments Generally; Priorities and Payment to Creditors on Judgments Rendered After Filing of Complaint to Set Aside Assignment
No assignment shall be set aside except in a direct action filed for that purpose; and no creditor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the filing of a complaint to set aside the assignment if the assignment is set aside and decreed to […]
§ 18-2-56. Parties to Actions to Set Aside Assignments
In all actions to set aside assignments, the assignee and assignor shall be indispensable parties; and any preferred or unpreferred creditor may be made a party plaintiff or defendant at any time in term or vacation. History. Ga. L. 1894, p. 90, § 14; Civil Code 1895, § 2711; Civil Code 1910, § 3244; Code […]
§ 18-2-57. Proof Required in Rendering an Assignment Void
When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void. History. Ga. L. 1894, p. 90, § 15; Civil Code 1895, § 2712; Civil Code 1910, § 3245; Code 1933, […]
§ 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee
No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both. History. Ga. L. 1894, p. 90, § 16; Civil Code 1895, § 2713; Civil Code 1910, § 3246; Code 1933, § 28-317.
§ 18-2-59. Appointment of New Assignees Upon Death or Removal From Jurisdiction of Courts of State of Sole or Surviving Assignee
In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parties interested in such assignment […]