Section 568:50 – Officers’ Oath.
568:50 Officers’ Oath. – At the end of 3 months from the beginning of the proceedings, the officers shall severally make and subscribe an oath in substance as follows: I, ………., (president, etc., or treasurer, etc.), do swear that I believe the account of the creditors of the corporation contained in the schedules signed […]
Section 568:51 – Penalty.
568:51 Penalty. – If a debtor, or any officer of a corporation against which a petition in insolvency is pending, shall wilfully omit to file a list or schedule as ordered, or shall wilfully and fraudulently give false information or neglect to give true information to the assignee in relation to the estate or […]
Section 568:52 – Procedure.
568:52 Procedure. – In all cases of insolvency where the debtor’s liability exceeds the sum of $300, if the debtor shall, at the first meeting of the creditors or at any subsequent time appointed by the judge, of which legal notice has been given to the creditors, produce an affidavit signed by him and […]
Section 568:53 – Time, etc.
568:53 Time, etc. – Appeals in cases of insolvency shall be claimed within 30 days from the rendering of the decision and shall be taken in the same manner and governed by the same rules of procedure as in cases of other appeals from decrees of the judge of probate, except as provided in […]
Section 568:41 – Fraud.
568:41 Fraud. – A discharge shall not be granted, nor if granted be valid, if the debtor has wilfully sworn falsely as to any material fact in the course of the proceedings or if he has fraudulently concealed any part of his estate, or any books or writings relating thereto; if, being insolvent and […]
Section 568:42 – Refusal of Dividend.
568:42 Refusal of Dividend. – In case of a discharge, if a creditor shall refuse to accept the dividends decreed to him in discharge of his debt or claim, they shall be deposited with the judge of probate, subject to the order of the creditor, and if the creditor does not claim them within […]
Section 568:43 – Procedure.
568:43 Procedure. – The judge of probate, upon petition, under oath of any creditor or creditors of a debtor residing in the county, setting forth that the debtor is owing the petitioner or petitioners $300 or more, that his property within the state, not exempt from attachment, is in their belief insufficient to pay […]
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 […]