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 containing:
1. A true and full account of all the creditors of the debtor or debtors.
2. The place of residence of each creditor, if known to the debtor or debtors, and if not known, such fact shall be stated.
3. The amount owing each creditor and the nature of each debt or demand, whether arising on written security, account or otherwise.
4. The true cause of and consideration for each such indebtedness and the place where the indebtedness arose.
5. Any judgment, mortgage, collateral or other security for the payment of the debt.
6. A full and true inventory of all the debtor's property at the date of the assignment, both real and personal, in law or equity, and all encumbrances thereon, and of all vouchers and securities relating thereto, and the value of such property according to the best knowledge of the debtor.
B. An affidavit shall be made by the debtor, and shall be annexed to and delivered with the inventory or schedule, that the inventory or schedule is in all respects just and true according to his best knowledge and belief.
C. No provision of this article shall affect the assignor's right to retain property exempt from execution by the law of this state. The list and inventory shall not be conclusive except as against the debtor making it.
D. The clerk shall docket the assignment as an action in probate. The qualifications of assignees shall be those prescribed for administrators of estates.Section: Previous 44-1006 44-1007 44-1008 44-1009 44-1010 44-1031 44-1032 44-1033 44-1034 44-1035 44-1036 44-1037 44-1038 44-1039 44-1040 Next
Last modified: October 13, 2016