PocketLaw | South Dakota Codified Laws | Assignment For Benefit Of

Assignment For Benefit Of Creditors

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Execution of assignment by insolvent debtor.

Instrument of assignment--Execution--Acknowledgment or proof--Recording--Defective execution invalidates assignment.

Subsisting absolute or contingent liability of assignor.

Repealed.

Assignment invalid against creditor of assignor not assenting thereto.

Property exempt from execution--Life insurance--Effect of assignment.

Inventory required of assignor--Contents--Verification.

Recording assignment and filing inventory.

Effect of omitting to record--Assignment of real property.

Section
54-9-10

Assent of creditors necessary to modification of assignment.

Section
54-9-11

Bond of assignee--Amount--Approval of sureties by circuit court--Terms and conditions.

Section
54-9-12

Disposal or conversion of estate--Authority of assignee.

Section
54-9-13

Assignee takes subject to rights of third parties--Nonliability for acts done in good faith under void assignment.

Section
54-9-13.1

Action by assignee against person receiving property of debtor in fraud of creditors.

Section
54-9-13.2

Action by assignee against creditor receiving voluntary transfer from insolvent assignor.

Section
54-9-13.3

Duties of assignee.

Section
54-9-13.4

Notice to creditors to present verified claims--Publication.

Section
54-9-13.5

Contents of creditor's claim--Claim founded upon instrument.

Section
54-9-13.6

Time limitation on filing creditor's claim.

Section
54-9-13.7

Wages and commissions as preferred claims--Limitation on amount--"Traveling or city salesmen" defined.

Section
54-9-13.8

Sale or compromise of claims or property of estate--Liability of assignee.

Section
54-9-13.9

Sales at public auction--Procedure for private sales and sales of perishable property.

Section
54-9-14

Compensation of assignee.

Section
54-9-15

Proceeding subject to order and supervision of circuit court--Rendition of accounts and filing of reports by assignee--Distribution of trust estate.

Section
54-9-15.1

Power of court to take and state accounts.

Section
54-9-15.2

Accountants and attorneys appointed by court--Compensation of attorneys.

Section
54-9-16

Accounting of assignee.

Section
54-9-16.1

Deposit of funds in court for distribution subsequent to discharge of assignee.

Section
54-9-17

Removal of assignee by circuit court--Appointment and delivery of property to successor.

Section
54-9-18

Removal of assignee by circuit court--Discharge on full accounting and surrender of property to new assignee.

Section
54-9-19

Discharge of assignee upon full compliance with trust.

Section
54-9-20

Application of assignee for discharge--Notice by publication.

Section
54-9-21

Hearing upon application of assignee for discharge--Order requiring the performance of acts not completed--Order of discharge, granting, effect.

Section
54-9-22

Federal bankruptcy proceedings, possession of estate taken from assignee--Discharge of assignee on full accounting to trustee in bankruptcy.