§38-14-5. Enforcement of Lien
(a)(1) If the occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale or dispose of the personal property if the operator can demonstrate by photographs or other images and affidavit of a […]
§38-14-6. Other Legal Remedies May Be Used
The provisions of this article do not preempt or limit the owner's use of any additional remedy otherwise allowed by law.
§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 […]
§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; […]