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Texas Business & Commerce Code - Chapter 23 Assignments For The Benefit Of CreditorsLegal Research Home > Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Chapter 23 Assignments For The Benefit Of Creditors In this chapter, unless the context requires a different definition, (1) "assigned estate" means all the real and personal estate of an assigning debtor passing ... (a) A debtor may assign his real and personal estate under this chapter to an assignee for the benefit of the debtor's creditors. (b) An ... (a) For an assignment to be valid, (1) the assigning debtor must make the assignment in writing; and (2) it must be proved or acknowledged ... (a) An assignment is not affected and a consenting creditor is not deprived of his proportionate share of the assigned estate by the fraudulent act ... If an assigning debtor makes an assignment, he is discharged from liability on the claim of a consenting creditor unless the consenting creditor does not ... (a) An assignee shall be a resident of this state and a resident of the county in which the assigning debtor resides, or in which ... (a) Within 30 days after an assignment is executed, the assignee shall publish notice of his appointment as assignee in a newspaper published in the ... (a) A county or district court of the county in which the assignee resides shall remove or replace the assignee on application of the assigning ... Each time an assignee has enough money to pay 10 percent of the assigning debtor's debts, he shall distribute the money among the creditors entitled ... (a) The assignee may allow a claim which is not due at its present value by discounting it at the legal rate. (b) If a ... An assignee is entitled to reasonable compensation for his services and reimbursement for his necessary expenses, including an attorney's fee, all of which shall be ... (a) The court in which a proceeding involving an assigned estate has been filed may, after reasonable notice to each person concerned, compel any person ... (a) An assignee wishing to be discharged from his appointment shall prepare and file for record with the county clerk of the county in which ... An action against an assignee based on his conduct in carrying out the assignment, as shown in his report filed under Section 23.23(a) of this ... (a) A creditor must inform the assignee in writing of his consent to the assignment within four months after the assignee gives the notice required ... (a) Within six months after the first publication of notice of appointment required by Section 23.17 of this code, a consenting creditor must file with ... (a) The assignee shall give any creditor a copy of any statement of claim filed under Section 23.31(a) of this code if the creditor requests ... If a creditor does not consent to an assignment, he may garnishee the assignee for the excess of the assigned estate remaining in the assignee's ... Last modified: August 11, 2007 |
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