Effective – 28 Aug 1939 426.210. Decisions of assignee final, unless appeal asked for — appeal to circuit court. — The decision of the assignee in relation to all claims presented to him for allowance shall be final, unless a creditor or some other person interested shall, after a decision is made on any such […]
Effective – 02 Jan 1979 426.220. Appeals, how taken — affidavit and bond for. — All appeals allowed by virtue of section 426.210 shall be taken and made by the appellant, or someone for him, making and filing an affidavit that the appeal is not taken for vexation or delay, but because affiant believes that […]
Effective – 02 Jan 1979 426.230. Proceedings in circuit court upon appeal. — Upon such appeal being allowed and certified, as in section 426.220 is required, the court shall become possessed of the case, and shall proceed to hear and determine the same, in the same manner as if such case was pending before a […]
Effective – 28 Aug 1939 426.240. Judgment certified to assignee and claim allowed, when. — All judgments rendered in favor of any claimant in the circuit court by virtue of the provisions of this chapter, shall be certified by the clerk thereof to the assignee, who shall allow the same, and class it as if […]
Effective – 02 Jan 1979 426.250. Demand of assignee against assignor, how allowed. — If the assignee shall have a demand against the assignor, which he desires to have allowed, he may present a petition to the circuit court stating the particulars of his demand and the amount thereof, verified by affidavit, and thereupon such […]
Effective – 28 Aug 1939 426.260. Assignee failing to file true inventory and give bond, court to issue citation. — Whenever it shall be made to appear to the court having jurisdiction that any assignee has neglected or refused, when required by law, to file a full and true inventory, or to give bond, as […]
Effective – 28 Aug 1939 426.270. On return of citation, court may order inventory and bond filed or dismiss assignee. — On the return of the citation, the court may require the assignee to file an inventory and to give bond, with good and sufficient security, in such time as it may deem reasonable, or […]
Effective – 28 Aug 1939 426.280. Insolvency or removal from state of surety, proceedings. — The like proceedings as are prescribed in sections 426.260 and 426.270 may be had whenever it shall appear to the court that any person who shall have become security for any assignee, in any bond given for the due execution […]
Effective – 28 Aug 1939 426.290. Assignee, vacancy — appointment. — The court having jurisdiction, or the judge thereof in vacation, shall have power to appoint an assignee in all cases where a vacancy occurs in the trust, and like bond and security shall be required and given by the assignee so appointed as are […]
Effective – 28 Aug 1939 426.300. Dismissal of assignee — books to be delivered to successor. — When any assignee shall be dismissed from his trust, the court shall order all the books, papers, effects, moneys and evidences of debt to be forthwith delivered to his successor in the trust, or to such other persons […]
Effective – 02 Jan 1979 426.310. Sale of property assigned, how made. — The circuit court shall make an order for the sale of all the real and personal estate conveyed by any deed of assignment, either for cash in hand, or upon such reasonable credit and upon such other terms and notice as shall […]
Effective – 28 Aug 1939 426.320. Payments to creditors, when and in what amounts — penalty for failure. — As soon as practicable, and not exceeding one month after the time for an allowance of demands had under this chapter, the assignee or assignees shall pay upon the demands allowed, according to their right, as […]
Effective – 28 Aug 1939 426.330. Assignee shall exhibit condition of assets, when. — Every assignee, upon the reasonable request of any person entitled to any demand allowed, or of his agent, shall exhibit to such person or agent the condition of the assets of the assignment, and give him all reasonable information concerning the […]
Effective – 28 Aug 1939 426.340. Failure to exhibit condition of assets — citation of assignee. — Upon petition in behalf of any such person to the circuit court in whose clerk’s office the inventory is filed, showing good cause therefor, verified by affidavit, such court shall cause any assignee to be cited to appear […]
Effective – 28 Aug 1939 426.350. Assignee may apply for discharge, when and how. — When any assignee becomes satisfied that it is no longer advantageous to the creditors of his assignor to keep the assignment open, he may apply to the circuit court in whose clerk’s office the inventory is filed for a discharge […]
Effective – 28 Aug 1939 426.360. Application referred to commissioner, when — proceedings. — If no person interested shall, within one week after the filing of such petition, file written objections to such discharge, accompanied by specified reasons, the court shall refer the application to the commissioners of the court, or one appointed for the […]
Effective – 28 Aug 1939 426.370. If objections made, court to determine same, when and how. — If objections be made as aforesaid, to such application, the court shall cause the same to be considered, and shall determine the same, as provided for by rules of the court or special orders made therein. ——– (RSMo […]
Effective – 28 Aug 1949 426.380. Appeals, how taken. — In any proceeding under this chapter, appeals may be taken from the judgment of the court in the same manner as appeals are now allowed by law from judgments of circuit courts in this state. ——– (RSMo 1939 § 5776, A. 1949 S.B. 1118) Prior […]
Effective – 28 Aug 1939 426.390. Proceedings when temporary assignee fails to act, how conducted. — When, in any case of assignment now or hereafter pending, the temporary assignee appointed according to section 426.250, has failed or shall fail to act, or to make the report upon claims allowed by him as in said section […]
Effective – 28 Aug 1939 426.400. Court may order assignee to compromise debts, when and how. — 1. Whenever it may appear for the best interest of the estate assigned, the court, or judge thereof in vacation, may make an order directing the assignee to sell, compound or compromise all bad or doubtful debts upon […]
