Title 44, Trade and Commerce

A. An assignee of a legal or equitable interest in personal property may file a financing statement in the filing office of: 1. This state established for the purposes of section 47-9501, subsection A, paragraph 2. 2. Any other state in which either: (a) The assignor would be loc…

A. Unless a creditor waives in a signed record the right to notification, an assignee shall send a notification of the assignment to each creditor known to the assignee within a reasonable time not to exceed thirty days after the effective date of the assignment agreement. B. The…

A. Subject to section 44-622, an assignor has a duty to take all reasonable actions necessary for the assignee to administer the assignment, the assigned assets and the assignment estate. B. In furtherance of the duty under subsection A of this section, the assignor shall: 1. Pre…

A. Subject to section 44-622, an assignee has a fiduciary duty to the assignment estate for the benefit of creditors: 1. Of loyalty, including the duty to manage the assignment in good faith. 2. To use reasonable care to maximize distributions under section 44-614. 3. To wind up …

A. An assignee has the powers necessary or appropriate to perform the assignee's duties. B. Unless the assignment agreement expressly provides otherwise, the assignee has power to: 1. Operate an existing business that uses an assigned asset, including preservation of the asset an…

A. An assignee shall allow a creditor's claim if: 1. The creditor submits a proof of claim in compliance with section 44-612. 2. The assignee does not dispute the claim under section 44-611 before final distribution. B. An assignee may either: 1. Allow a claim, pay a known liquid…

A. An assignee may dispute a creditor's claim before final distribution by sending notification in a record stating the nature of the assignee's dispute to the creditor. B. If a dispute cannot be resolved consensually, the assignee may commence a proceeding under section 44-620 t…

A. A proof of claim must: 1. State the name, address and other contact information reasonably necessary to communicate with the creditor. 2. State the amount of the claim. 3. Briefly state the nature of the claim. 4. Identify any asset of the assignment estate securing the claim.…

A. An assignee's disposition of an asset: 1. Transfers to a transferee for value all of the assignee's rights in the asset. 2. Discharges the assignee's lien and, to the extent the assignment creates a security interest in favor of the assignee, the assignee's security interest. …

A. Except as provided in section 44-615, the assignee shall pay claims from the assignment estate allowed under section 44-610 in the order of priority stated in this section. B. Unless otherwise agreed between the assignee and a protected secured creditor, before distributions u…

A. A subordination agreement is enforceable under this chapter to the same extent the agreement is enforceable under other law. B. Subject to subsection C of this section, the following claims are subordinate to a claim or interest that is senior or equal in priority to a claim o…

A. An assignor is not personally liable for an act or omission by the assignee. B. An assignee is not personally liable for an act or omission by the assignor. C. A representative designated by an assignor under section 44-607, subsection B, paragraph 4 is exculpated to the same …

A. The assignor or a creditor may request a court of competent jurisdiction in this state to remove the assignee, if the assignor or creditor has a reasonable belief that grounds for removal exist under subsection B of this section. B. After a request under subsection A of this s…

A. On completion of an assignee's duties, the assignee shall send a creditor whose claim is allowed under section 44-610, and not satisfied in full, a final accounting sufficient to inform the creditor of all material aspects of the assignment, including: 1. A description of the …

A. Subject to subsection B of this section, an assignment made under the law of another state must be recognized and enforced on an issue if the result for the issue would be substantially similar to the result for the issue if the assignment had been made under this chapter. B. …

A. A court of competent jurisdiction in this state may hear and resolve a matter involving the administration of an assignment or the exercise of an assignee's powers and duties, including a request for instructions or approval or to declare rights. B. Without limiting the rights…

A. Except as provided in other laws of this state governing a person from another state serving as a fiduciary in this state, a court of competent jurisdiction in this state may appoint a person serving as an assignee in an assignment in another state, or the person's nominee, as…

A. Except as provided in this section and section 44-609, subsection B, the provisions of this chapter may not be varied by agreement. B. The duties under section 44-607, subsection A and section 44-608, subsection A may not be disclaimed by agreement. An assignor and the assigne…

In applying and construing this chapter, a court shall consider the promotion of uniformity of the laws among states that enact it.

This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act (15 United States Code sections 7001 through 7031) but does not modify, limit or supersede 15 United States Code section 7001(c), or authorize electronic delivery of any of t…

This chapter applies to an assignment made on or after September 12, 2026.