Trustee; duties on execution of assignment; bond
Sec. 3. (a) Not later than fifteen (15) days after the execution of
the assignment, the trustee shall file a copy of the assignment and
schedule in the office of the clerk of the circuit court of the county
in which the debtor resides. The trustee shall state under oath, before
execution of the trust:
(1) that the trustee will faithfully execute the trust, and the
property assigned has been actually delivered into the trustee's
possession for the uses declared in the assignment; and
(2) what the probable value of the assigned property is.
(b) The trustee shall, at the time the assignment and schedule is
filed under subsection (a), file with the clerk a written undertaking
to the state with at least one (1) sufficient surety. The bond to be
approved by the clerk:
(1) must be in a sum double the amount of the value of the
property assigned; and
(2) conditioned for the faithful discharge of the duties of the
trustee's trust.
The bond must be for the use of a person injured by the action of the
trustee.
As added by P.L.2-2002, SEC.3.
Last modified: May 24, 2006