Section 568:45 – Effect.
568:45 Effect. – The estate of the debtor shall vest in the judge of probate and such assignee and his successors as may be appointed as in other cases, and the debtor may also be ordered to execute an assignment, and further proceedings shall be had as in cases of voluntary assignment. Source. 1885, […]
Section 568:46 – Partner’s Petition.
568:46 Partner’s Petition. – A partner, whenever his copartners will not join with him in a voluntary assignment, may file a petition in form and substance like a creditor’s petition in the county where any of the partners resides, praying that the firm be adjudged insolvent, and all subsequent proceedings shall be the same […]
Section 568:47 – Effect; Procedure.
568:47 Effect; Procedure. – The insolvency of a partnership shall render each partner insolvent within the meaning of this chapter, and his property not exempt from attachment, books and papers shall pass to the messenger and assignee appointed in the partnership proceedings; but the assignee shall be nominated by the partnership creditors. The expenses […]
Section 568:48 – Discharge.
568:48 Discharge. – The certificate of discharge shall be granted or refused to each partner as though the proceedings had been against him alone. In all other respects the proceedings against partners shall be conducted as though against a single person. Source. PS 201:47. PL 401:48. RL 465:48.
Section 568:34 – Appealed Claims.
568:34 Appealed Claims. – If an appeal in regard to any claim is pending at the time of making a dividend, a sufficient amount shall be reserved in the hands of the assignee to satisfy the dividends that may be called for upon such claim. Source. PS 201:33. PL 401:34. RL 465:34.
Section 568:35 – Form.
568:35 Form. – The debtor may amend his schedules at any time within 3 months after the beginning of the proceedings. At the end of such time, he shall subscribe, take and file in the office of the clerk an oath, in substance as follows: I, ………., do solemnly swear that the account of […]
Section 568:36 – Procedure.
568:36 Procedure. – At any time within 12 months after the settlement of the final account of the assignee, and not afterward, the debtor may petition the court for a discharge, and the judge shall thereupon appoint a time and place for a hearing, of which the creditors shall have due notice. A creditor […]
Section 568:37 – Granting.
568:37 Granting. – If it appears to the satisfaction of the judge, after the hearing provided for in RSA 568:36, that the debtor has made a full disclosure and delivery of all his estate as herein required, and that he has in all things conformed to the requirements of the laws relating to insolvent […]
Section 568:38 – Excepted Claims.
568:38 Excepted Claims. – I. Taxes and debts created by the debtor’s fraud, embezzlement or defalcation while acting as a public officer or in any fiduciary capacity shall not be discharged. II. Loan repayments due from loans made in accordance with the provisions of RSA 200-I to a medical or veterinary student shall not […]
Section 568:39 – Joint Debtor.
568:39 Joint Debtor. – A discharge shall not release or discharge a person liable for the same debt for or with the debtor. Source. PS 201:38. PL 401:39. RL 465:39.