Section 20 – Right to prefer creditor.
6-1-20. Right to prefer creditor. Nothing in this title contained shall affect the power of a person, although insolvent, residing either within or without this state, to transfer property in this state in good faith to a particular creditor for the purpose of paying or securing the whole or a part of a debt owing […]
Section 15 – Debts not matured — Delay in filing claims.
6-1-15. Debts not matured — Delay in filing claims. Any creditor may claim debts to become due as well as debts due, but on debts not due a reasonable rebate shall be made when the same are not drawing interest. Creditors who do not file their claims within three months from the publication of notice […]
Section 16 – Sales — Confirmation.
6-1-16. Sales — Confirmation. The assignee may dispose of and sell all the estate assigned, real and personal, which the debtor had at the time of the assignment, may sue for and recover in his own name everything belonging or appertaining to said estate, and generally do whatever the debtor might have done in the […]
Section 17 – Removal of assignee.
6-1-17. Removal of assignee. Upon a written application of a majority of the creditors in amount the court shall remove the assignee and appoint in his stead a person approved by the creditors in the same number and amount, and the person so removed shall immediately turn over to the clerk of the court, or […]
Section 18 – Death or neglect of assignee.
6-1-18. Death or neglect of assignee. If an assignee dies before the closing of his trust, or shall fail or neglect for the period of 20 days after making of any assignment to file an inventory and valuation and give bond as required in this title, the district court or any judge thereof of the […]
Section 19 – Compensation of assignee.
6-1-19. Compensation of assignee. In the absence of any provision in the assignment to the contrary an assignee for the benefit of creditors is entitled to the same commissions as are allowed by law to executors and administrators as compensation in full for all services. No Change Since 1953
Section 10 – Dividends to creditors.
6-1-10. Dividends to creditors. If no exception is made and filed to the claim of any creditor, or if the same has been adjudicated, the court shall order the assignee to make from time to time fair and equal dividends among the creditors of the assets in his hands in proportion to their claims and […]
Section 11 – Court to supervise administration.
6-1-11. Court to supervise administration. The assignee shall at all times be subject to the order and supervision of the court or judge and from time to time may be compelled, by citation or attachment, to file reports of his proceedings and of the situation and condition of the trust, and to proceed in the […]
Section 12 – Time for disposing of property.
6-1-12. Time for disposing of property. The assignee shall dispose of all personal property and divide the proceeds of the same among the creditors as they may be entitled thereto within six months from the date of the assignment, unless further time is given for good cause by the court, and shall dispose of real […]
Section 13 – Failure to file inventory — Examination of debtor.
6-1-13. Failure to file inventory — Examination of debtor. No assignment shall be declared fraudulent or void for want of any list or inventory as provided in this title. The court or judge may, upon application of the assignee or any creditor, compel the appearance in person of the debtor before such court or judge, […]