§38-13-13. Powers and Duties of Fiduciary Commissioner
Fiduciary commissioners shall have power to preside over all meetings of creditors; to preside over all examinations of the assignor or trustee; to allow and disallow all claims presented to them for determination; to administer oaths to witnesses; to issue subpoenas for the attendance of any person for examination; to examine accounts filed by trustees […]
§38-13-14. Duties of Assignor
The assignor shall comply with all lawful orders of the fiduciary commissioner, examine the correctness of all claims presented against the estate if ordered by the fiduciary commissioner so to do, and if any are incorrect or false notify the trustee thereof immediately; deliver to the trustee all his books, papers and records; execute and […]
§38-13-15. Fiduciary Commissioner to Certify to Circuit Court Disobedience of Order, etc.; Punishment for Contempt by Court
The fiduciary commissioner shall certify the facts to the circuit court of the county if any person shall disobey or resist any order, process or writ which may be issued, or misbehave during any hearing, or neglect to produce, having been ordered to do so, any pertinent documents, or refuse to appear, take the oath, […]
§38-13-16. Expenses and Fees of Trustee, Fiduciary Commissioner, Appraisers and Attorneys for Trustee
Trustees shall be allowed their reasonable and necessary disbursements for the costs and expenses and shall receive for their services commissions of all moneys disbursed or turned over by them to any person, including lienholders and secured creditors, which commissions shall be ten percent on the first $1,500 or less, five percent on moneys in […]
§38-13-8. First Meeting of Creditors; Substitute Trustee
The fiduciary commissioner shall preside over the first meeting of the creditors which shall be held not less than ten nor more than twenty days after the date of the first publication of the notice thereof by the trustee. The assignor and the trustee shall attend the meeting, and either or both of them may […]
§38-13-9. Sales by Trustee; Creditors May Prescribe Manner and Terms; Powers of Fiduciary Commissioner; Compromising Claims; Continuing Operation of Business
At the first meeting of creditors a majority in number and amount of the creditors present may prescribe in what manner and on what terms the property belonging to the estate shall be sold, and the trustee shall not sell, or otherwise dispose of, any property belonging to the estate prior to the first meeting […]
§38-13-10. Trustee's Report to Fiduciary Commissioner; Notice to Creditors of Filing and Second Meeting
Within ten days after the last day on which claims may be presented to him the trustee shall file with the fiduciary commissioner a report showing the names of the creditors whose claims have not been contested and who have filed proper proofs of claims, and the amounts thereof; the names of the creditors whose […]
§38-13-11. Report by Fiduciary Commissioner; Appeal From Decision; Allowance of Expenses and Fees; Directions to Trustee; Dividends; Closing Trusteeship
At the meeting of the creditors held following the filing of the trustee's report the fiduciary commissioner shall file a report showing how much, if anything, he has allowed on each of the disputed claims. Any party interested may, within ten days thereafter, appeal from the decision of the fiduciary commissioner to the circuit court […]
§38-13-12. Powers, Duties and Qualifications of Trustee; Substitute for Unqualified, Removed, Deceased or Disabled Trustee
It shall be the duty of the trustee to collect and reduce to money the property belonging to the estate; to keep all funds belonging to the estate on deposit in a sound bank; to report promptly to the creditors any claims presented to him which are not provable or are incorrect or false so […]
§38-13-3. Reference to Fiduciary Commissioner; Appraisers
Upon the qualification of the trustee, the clerk shall refer the estate to a fiduciary commissioner of the county: Provided, That in counties where there are two or more such commissioners, such estate shall be referred to such commissioners in rotation; and the clerk shall appoint three disinterested appraisers to appraise all the property belonging […]