44-1031. Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article A. Every assignment made by an insolvent debtor, or in contemplation of insolvency, for the benefit of his creditors, shall provide, except as otherwise provided in this article, for a distribution of all […]
44-1032. Assignment for the benefit of consenting creditors; effect; execution of release by creditors Any debtor desiring to do so may make an assignment for the benefit of such of his creditors only as will consent to accept their proportional share of his estate, and discharge him from their respective claims. In such case the […]
44-1033. Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk A. The debtor shall forthwith file with the clerk of the superior court of the county where the principal place of business of the debtor is located a copy of the assignment, to which shall be annexed an inventory […]
44-1034. Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment A. The assignee shall forthwith, after execution and delivery of the deed of assignment, record it as provided in this article, and execute a bond with securities in an amount determined and approved by […]
44-1035. Notice of appointment of assignee; publication The assignee shall, within thirty days after recording the assignment, give public notice of his appointment in some newspaper printed in the county where the assignor resides or where his principal business was conducted, and as far as possible, the assignee shall also give personal notice or notice […]
44-1036. Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy A. The relationship of the court having jurisdiction of the insolvent estate and the assignee for the benefit of creditors shall be governed by the provisions which govern the relationship of a superior court and a receiver. The […]
44-1037. Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent Creditors consenting to the assignment shall give the assignee written notice of consent within four months after publication of the notice required under section 44-1035, and a creditor not assenting shall not receive or take any benefit under […]
44-1038. Filing of statement of claim by creditors Every creditor, consenting to an assignment, shall, within six months from the time of the first publication of the notice of appointment of the assignee, file with the assignee a distinct statement of the particular nature and amount of his claim against the debtor, which shall be […]
44-1039. Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors A. The statement of a creditor, verified and filed with the assignee as provided in section 44-1038, shall justify the assignee in allowing the claim as […]
44-1040. Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor Claims not due may be allowed at their present value by discounting them at the rate of interest mentioned in the contract, if any, otherwise at the legal rate. If any creditor holds collateral or security […]
44-1041. Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser All property conveyed or transferred by the assignor previous to and in contemplation of the assignment with the intent or design to defeat, delay or defraud creditors, or to give […]
44-1042. Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor A. No assignment shall be declared fraudulent or void for lack of an inventory or list as required under the provisions of this article, but if such […]
44-1043. Attempted preference of creditor void Any attempted preference, in the assignment, of one creditor or creditors of the assignor, is fraudulent and without effect.
44-1044. Garnishment of assignee by nonconsenting creditor A creditor, not consenting to the assignment, may proceed by garnishment against the assignee for the excess of property remaining in his hands after payment to consenting creditors the amount of their debts and the costs and expenses of the assignment.
44-1045. Distribution to creditors; compensation and expenses allowed assignee A. When an assignee has in his possession funds of the estate of the assignor in an amount sufficient to pay ten per cent of the indebtedness of the assignor, he shall make a pro rata distribution of the funds among the creditors. B. The assignee […]
44-1046. Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement A. When the assignee has fully performed the duties of his trust and desires to be finally discharged therefrom, he shall make a report of his proceedings under the assignment. The report shall be under oath and shall […]
44-1047. Fraudulent transactions by assignor; classification A. A person who makes an assignment for the benefit of creditors is guilty of a crime punishable as prescribed in subsection B, if he: 1. Secretes or conceals any property belonging to his estate, or parts with, conceals, destroys, alters, mutilates or falsifies a book, document or writing […]
