§38-14-2. Definitions
As used in this article, unless the context clearly requires otherwise: (1) “Default” means the failure by the occupant to perform on time any obligation or duty set forth in the rental agreement or this article;
§38-14-3. Self-Service Storage Lien
(a) The operator has a lien on all personal property stored within each leased space for agreed rent, labor, late fees, and other charges and for expenses reasonably incurred in its sale or disposition pursuant to this article. The lien attaches as of the date the personal property is stored within each leased space and […]
§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 […]
§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 […]