568:1 Jurisdiction of Probate Courts. – The court of probate of each county shall have original jurisdiction of all cases of insolvency arising in such county under the provisions of this chapter and shall at all suitable times be open for the transaction of business. Source. 1861, 2488. GS 126. GL 140. 1885, 85:1. […]
568:10 Perishable Property. – If any part of the estate consists of living animals, goods liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great expense, the judge may order the same to be sold by the messenger in such manner as he […]
568:11 Collection of Debts. – The judge may direct the messenger to collect any debts due the insolvent and to begin and prosecute any action in his name as messenger for the benefit of the estate. The assignee, when appointed, may continue the prosecution of any action so begun. Source. PS 201:10. PL 401:11. […]
568:12 Return of Warrant, etc. – At the meeting held in pursuance of the notice provided for in RSA 568:7, the messenger shall make return of the warrant and of his action thereon. If it shall appear that the required notice has not been given, the judge shall adjourn the meeting and order further […]
568:13 Delivery to Assignee. – Whenever an assignee has been appointed and qualified, the messenger shall deliver to him all property, books and papers in his possession belonging to the estate, and shall file in the register’s office his account, under oath, and settle the same with the judge, with or without notice, as […]
568:14 What Provable. – All claims existing against the estate at the beginning of the proceedings in insolvency may be proved and allowed as of that date, whether then payable or not, with a rebate of interest upon such claims as are not then payable and do not bear interest. Costs taxable against the […]
568:15 Manner. – Claims shall be proved by a statement in writing, signed by the creditor or his agent having knowledge of the facts stated, setting forth, under oath, the claim, the consideration therefor, any security held therefor, any payments made or credits that should be allowed thereon and a statement that the claim […]
568:16 Allowance. – Upon proof of the claim as provided in RSA 568:15, unless objection is made by some party in interest, or the judge shall see cause for different action, the claim shall be allowed. In cases of mutual debts and credits, the balance only shall be allowed, and in cases where creditors […]
568:17 Time. – All claims shall be proved against the estate within 2 months from the beginning of the insolvency proceedings. Any claim not proved within the time limited may be proved at any time before the final dividend. The proof of a claim shall not affect any dividend already made, but in any […]
568:18 Objections. – All objections to claims shall be made within 4 months of the beginning of insolvency proceedings, except in cases of claims proved after the time limited, in which cases objections may be made within 30 days of the time of their proof. Source. 1862, 2594:3. GS 126:12. GL 140:12. 1885, 85:5. […]
568:19 Hearings. – All hearings in relation to the allowance of claims shall be held within 5 months of the beginning of the proceedings, or, in cases of claims proved after the time limited, as soon as possible after objection is made. Source. 1862, 2594:4. GS 126:13. GL 140:13. 1885, 85:5. PS 201:18. PL […]
568:20 Rehearing. – Claims that have been allowed may at any time before the final dividend be reheard in the discretion of the judge, and may be altered or disallowed if the evidence shows that they are founded in fraud, illegality or mistake. Source. PS 201:19. PL 401:20. RL 465:20.
568:21 Valuation of Security. – The value of securities held by creditors shall be determined in such manner as the court shall approve, and such value shall be credited upon the claims so secured and the balance only allowed, unless the creditor shall surrender the security, in which case he may be allowed his […]
568:22 Proof by Surety. – Whenever a creditor whose claim is secured by the individual undertaking of any person other than the debtor fails to prove the claim, such person may prove the same in the name of the creditor. Source. PS 201:21. PL 401:22. RL 465:22.
568:23 Appointment. – The judge shall appoint as assignee such proper person as the creditors at their first meeting shall nominate by a vote of 2/3 in number of the creditors who have secured the allowance of their claims and are present at the meeting in person, or by attorney or proxy, and of […]
568:24 Removal; Vacancies. – The judge may at any time remove the assignee for cause, and shall fill all vacancies. If the assignee does not, within 5 days after notification of his appointment, accept the trust and file a bond in such sum as the judge shall order, conditioned for the faithful performance of […]
568:25 Notice. – The assignee shall give such notice of his appointment as the judge shall order. Source. 1861, 2488:6. GS 126:10. GL 140:10. PS 201:24. PL 401:25. RL 465:25.
568:26 Inventory, etc. – The assignee shall, within such time as the judge may order, return into court, under oath, an inventory of all the debtor’s estate not exempt from attachment. He shall convert such estate into money in such manner as the judge may direct. Source. 1861, 2488:1. GS 126:4. 1885, 85:4. PS […]
568:27 Attachments, etc. – The proceedings in insolvency shall dissolve all attachments of the debtor’s property made within 3 months before the beginning thereof, and all payments, pledges, mortgages, conveyances, sales and transfers made within that time, the effect of which, if held valid, would be to diminish the property available to the creditors, […]
568:28 Procedure. – The debtor, when required by the court upon reasonable notice, shall appear before the judge and submit to an examination on oath by the assignee or any creditor touching any matter which may affect the settlement of his estate in insolvency. Upon cause shown by affidavit of a person interested in […]
