Section 568:40 – Consent of Creditors.
568:40 Consent of Creditors. – A discharge shall not be granted to a debtor whose assets do not pay 50 percent of the claims allowed against his estate which are not entitled to priority, unless the assent in writing of 2/3 in number and value of the creditors who have such claims and whose […]
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 568:24 – Removal; Vacancies.
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 […]
Section 568:25 – Notice.
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.
Section 568:26 – Inventory, etc.
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 […]
Section 568:27 – Attachments, etc.
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, […]
Section 568:28 – Procedure.
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 […]
Section 568:29 – For Support, Legal Expenses, etc.
568:29 For Support, Legal Expenses, etc. – The debtor shall be paid by the assignee $1 a day for his attendance upon request of the assignee and upon request of the judge when required. He shall also be allowed out of his estate, for the necessary support of himself and family, such sum not […]