§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 […]
§38-13-3. 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 […]
§38-13-4. Trustee to File Schedule; Substitute Trustee
Within ten days after the recordation of an assignment, conveyance or transfer the trustee shall cause to be made and filed with the clerk of the county commission of the county where the same is recorded a schedule containing: (1) The name, occupation, place of residence and place of business of the debtor;
§38-13-5. Notice by Trustee to Creditors; Publication and Mailing
Within ten days after the filing of the schedule the trustee shall cause to be published a notice reading substantially as follows: "To the creditors of …………………………: Take notice that a general assignment for the benefit of creditors was made by the above named debtor to ……………….., trustee, on ……………. and that said assignment has […]
§38-13-6. Filing and Proof of Claims
The trustee shall specify in the notice a date on or before which claims shall be presented to him which date shall be not less than thirty days nor more than sixty days after the date of the first publication of the notice, and no claim filed with the trustee after the date specified in […]
§38-13-7. Liens Requiring or Not Requiring Proof; Waiver by Lienor; Delinquent Taxes; Sales of Property Subject to Liens or Taxes
Creditors holding valid liens of the following character on property belonging to the estate, to-wit: Vendor's lien reserved in a deed duly recorded; lien created by deed of trust or mortgage, duly recorded, on real or personal property; judgment lien on real estate, duly docketed in the county in which the real estate is situated; […]
§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 […]