In all assignments for the benefit of creditors made in this state, the district court in and for the county in which such deed of assignment is recorded as now provided by law has full power and complete jurisdiction over all the property, real, personal, and mixed, conveyed by such assignment from the date of the making of the same. The court may make any order in reference to any part or all of the property embraced in the estate and the disposition thereof by the assignee which to the court seems just and equitable, and all such orders shall be legal and binding upon the assignor, the assignee, and creditors of the estate whether or not any notice is given of the application therefor or the order so made; except that the court may in its discretion require notice of such an application so made to be given in reference to any matter that may come before it for hearing, and in such case it shall direct, by an order, the form and manner of giving such notice so required by it.
Source: L. 1897: p. 111, § 1. R.S. 08: § 226. C.L. § 6293. CSA: C. 12, § 53. CRS 53: § 11-1-54. C.R.S. 1963: § 11-1-54. L. 64: p. 207, § 10.
ANNOTATION
Matters are within control of court. Claims are filed and are allowed or exceptions are taken, and the validity or invalidity of claims as between the assignees and claimants, or as between creditors, the payment of dividends, and all other matters relating to the winding up of such estates are entirely under the control and direction of the court like any other litigation. Hill v. Graham, 11 Colo. App. 536, 53 P. 1060 (1898).
Court cannot except valuable parts of debtor's property. Where a grantor deliberately conveys his property without exception or reservation for the benefit of his creditors, it is not the province of the court to except therefrom valuable parts of his property. Moore v. Yampa Mercantile Co., 287 F. 629 (8th Cir. 1923).
One who interferes with property without permission of the court in whose custody it is is guilty of contempt. In re Carlson's for Music, Inc. v. Gould, 176 Colo. 172, 489 P.2d 1038 (1971).