Title 6, Consumer and Commercial Affairs
0 chapters · 428 sections in this title.
Colo. Rev. Stat. § 6-10-101 Definitions
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As used in this article, unless the context otherwise requires: (1) Person means individuals, partnerships, associations, and corporations. (2) Property means all goods, chattels and effects, real, personal and mixed property, money, rights and credits, and choses in action excep…
Colo. Rev. Stat. § 6-10-102 General assignment
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Any person may make a general assignment for the benefit of his creditors by deed duly acknowledged. When filed for record in the office of the clerk and recorder of the county where the assignor resides or, if a nonresident, where his principal place of business is in this state…
Colo. Rev. Stat. § 6-10-103 Inventory - list of creditors
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The assignor shall render to such assignee within four days from the date of said assignment an inventory under oath, of his property, to the best of his knowledge, with the estimated value thereof, and also a list of his creditors, giving their names, residence and post-office a…
Colo. Rev. Stat. § 6-10-104 Assignment for all creditors
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No such deed of general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid, unless by its terms it is made for the benefit of all his creditors in proportion to the amount of their respective claims. Source: L. …
Colo. Rev. Stat. § 6-10-105 Assent of creditors presumed
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When an assignment of property for the benefit of all the creditors of the assignor is made, the assent of the creditors shall be presumed. Source: L. 1897: p. 95, � 5. R.S. 08: � 178. C.L. � 6245. CSA: C. 12, � 5. CRS 53: � 11-1-5. C.R.S. 1963: � 11-1-5.
Colo. Rev. Stat. § 6-10-106 Inventory filed where - bond
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The assignee shall file with the clerk of the district court of the county in which such deed of assignment is recorded a true and complete inventory and valuation of the property of the said assignor, under oath, so far as the same has come to his knowledge, within a period not …
Colo. Rev. Stat. § 6-10-107 Assignee an officer of court
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An assignee named and qualified under this article shall be deemed to be an officer of court. Any interference with the assignee in the discharge of his duties is contempt of court, and no suit against the assignee in relation to or concerning the property assigned shall be insti…
Colo. Rev. Stat. § 6-10-108 Notice of assignment of realty
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Where real property or any interest therein is by deed conveyed to the assignee, the assignee shall forthwith file with the clerk and recorder of each county where the real estate is situated a notice of the assignment, containing the names of the assignor and assignee, the date …
Colo. Rev. Stat. § 6-10-109 Priority of claims - notice
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The assignee shall forthwith give notice of such assignment by publication for four weeks in some newspaper in the county, if any, and if none, then in the nearest county thereto. The assignee shall also forthwith send a notice by mail to each creditor of whom he shall be informe…
Colo. Rev. Stat. § 6-10-110 Report of assignee
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At the expiration of three months from the time of the first publication and the mailing of notice, the assignee shall report and file with the clerk of the court a true and complete list, under oath, of all the creditors of the assignor who have filed their claims, the place of …
Colo. Rev. Stat. § 6-10-111 Exceptions to claims - hearing
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Any person interested may appear before a dividend is made and file with the clerk any exceptions to the claim or demand of any creditor. The clerk shall immediately cause notice thereof to be given to the creditor which shall be served and returned as in the case of a summons. W…
Colo. Rev. Stat. § 6-10-112 Judgment - fee of assignee
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If no exception is made to a claim filed or if the claim has been favorably adjudicated, the court shall enter judgment in favor of the creditor and against the assignor for the amount claimed and found due, and order the assignee to make from time to time fair and equal dividend…
Colo. Rev. Stat. § 6-10-113 Application of unclaimed dividends
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The dividends of any unsettled assignment which remain unclaimed for such time as specified in this article after the final dividend has been decided, upon the application of one or more creditors of such assignor, shall be paid by the assignee under direction of the court to the…
Colo. Rev. Stat. § 6-10-114 Notice of distribution
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Such notice shall be by advertisement in two or more local newspapers of general circulation and by written or printed notices mailed to the latest address of each creditor. The notice shall state that upon a certain day, not less than three months from the date of the notice, a …
Colo. Rev. Stat. § 6-10-115 Distribution of unclaimed dividends
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Dividends remaining unclaimed for one year or longer after the final dividend has been declared by any assignee shall be distributed, under direction of the court, to the creditors whose claims have not been paid in full as provided in this article. If more than enough funds are …
Colo. Rev. Stat. § 6-10-116 Assignee under supervision of court
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The assignee shall be subject to the order and supervision of the court at all times, and, by citation or attachment, may be compelled, from time to time, to file reports of his proceedings and the situation and condition of the trust and to proceed in the faithful execution of t…
Colo. Rev. Stat. § 6-10-117 Assignee appointed by court - when
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If the assignee named in the deed fails or neglects to file an inventory and valuation and give bond for the period of ten days after the making of any assignment, or if he dies before the closing of his trust, or is removed from the execution of the trust, the court upon the app…
Colo. Rev. Stat. § 6-10-118 Removal of assignee by court
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The court may remove the assignee for neglect in the execution of the trust, for fraud, for misapplying the trust, or wasting the estate, for failure to comply with the provisions of this article, or to obey the orders of, or to submit to the supervision of the court, or for any …
Colo. Rev. Stat. § 6-10-119 Powers of assignee
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The assignee has all the rights, power, and authority of the assignor necessary to fully execute such trust, to demand and sue for any property belonging to such estate, and to execute valid receipts; and, by deed duly acknowledged by him, in his own name as assignee, may convey …
Colo. Rev. Stat. § 6-10-120 Insufficient sureties
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If it is shown to the court at any time that the sureties on the assignee's bond are not sufficient, the court may order sufficient sureties to be given, and may compel obedience thereto by removal or otherwise. Source: L. 1897: p. 99, � 17. R.S. 08: � 193. C.L. � 6260. CSA: C. 1…
Colo. Rev. Stat. § 6-10-121 Additional security - when
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The assignee, from time to time, shall file with the clerk of the court an inventory and valuation of any additional property which may come into his hands after the first inventory; and the judge, or, in his absence, the clerk, may thereupon require the assignee to give addition…
Colo. Rev. Stat. § 6-10-122 Appearance compelled - when
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The court, upon the application of the assignee, or of any creditor, may compel the appearance in person of the debtor, or any other witness, before the court, or a commissioner appointed by the court, at any time designated, to answer under oath such matters as may be inquired o…
Colo. Rev. Stat. § 6-10-123 Misappropriation by debtor
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No assignment shall be invalid because of misappropriation of the property of the debtor by him prior to the assignment, but the assignee may recover such property, if so misappropriated in fraud of this article. Nothing in this article shall invalidate any conveyance or mortgage…
Colo. Rev. Stat. § 6-10-124 Debts not due - interest
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Debts not due may be claimed, but if the same are not bearing interest, a suitable rebate shall be made. Interest shall be computed to the date of the assignment and not afterwards. Source: L. 1897: p. 100, � 21. R.S. 08: � 197. C.L. � 6264. CSA: C. 12, � 24. CRS 53: � 11-1-24. C…
Colo. Rev. Stat. § 6-10-125 Creditors may appoint an attorney
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The majority in number and value of the creditors may appoint, in writing, an attorney-at-law to represent the estate before the court. The attorney, if appointed, shall examine all reports and inventories and books of the assignee and inquire fully as to the conduct of the assig…
Colo. Rev. Stat. § 6-10-126 Waiver of proceedings by parties
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At any time after an assignment has been made, the assignor, the creditors, and the assignee of such assignor may agree in writing that all proceedings to be had before the court under the provisions of this article, may be waived. Upon the filing of such agreement with the clerk…
Colo. Rev. Stat. § 6-10-127 Final report - notice - discharge. (Repealed)
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Source: L. 1897: p. 101, � 24. R.S. 08: � 200. C.L. � 6267. CSA: C. 12, � 27. CRS 53: � 11-1-27. C.R.S. 1963: � 11-1-27. L. 78: Entire section repealed, p. 253, � 5, effective May 23.
Colo. Rev. Stat. § 6-10-128 Trust closed in one year
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The assignee shall close his trust within one year from the filing of the deed of assignment unless the court for good cause shown, extends the time. Source: L. 1897: p. 101, � 25. R.S. 08: � 201. C.L. � 6268. CSA: C. 12, � 28. CRS 53: � 11-1-28. C.R.S. 1963: � 11-1-28.
Colo. Rev. Stat. § 6-10-129 Property exempt from assignment
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No deed of assignment shall be invalid which excepts from the operation thereof the property which by law is not subject to levy and sale under execution. Source: L. 1897: p. 101, � 26. R.S. 08: � 202. C.L. � 6269. CSA: C. 12, � 29. CRS 53: � 11-1-29. C.R.S. 1963: � 11-1-29.
Colo. Rev. Stat. § 6-10-130 Preferred claims
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The valid claims of servants, laborers, and employees of the assignor, for wages earned during the six months immediately preceding the date of the assignment, not to exceed fifty dollars, to any one person then unpaid, which claims are still held by the person who earned them, a…
Colo. Rev. Stat. § 6-10-131 Action on bond of assignee
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Any creditor may maintain an action on the bond of the assignee, for any damages such creditor may have sustained, by reason of assignee's acts or his failure to act. Source: L. 1897: p. 101, � 28. R.S. 08: � 204. C.L. � 6271. CSA: C. 12, � 31. CRS 53: � 11-1-31. C.R.S. 1963: � 1…
Colo. Rev. Stat. § 6-10-132 Foreclosure of mortgage on property
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No mortgage, deed of trust, or other security, real or personal, securing the payment of claims against the assigned estate shall be foreclosed within one year from the making of the assignment except upon order of court. No such mortgage, deed of trust, or other security shall b…
Colo. Rev. Stat. § 6-10-133 Effect of general assignment. (Repealed)
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Source: L. 1897: p. 102, � 30. R.S. 08: � 206. C.L. � 6273. CSA: C. 12, � 33. CRS 53: � 11-1-33. C.R.S. 1963: � 11-1-33. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-134 Application of assignor for discharge. (Repealed)
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Source: L. 1897: p. 102, � 31. R.S. 08: � 207. C.L. � 6274. CSA: C. 12, � 34. CRS 53: � 11-1-34. C.R.S. 1963: � 11-1-34. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-135 Form of affidavit annexed to application. (Repealed)
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Source: L. 1897: p. 103, � 32. R.S. 08: � 208. C.L. � 6275. CSA: C. 12, � 35. CRS 53: � 11-1-35. C.R.S. 1963: � 11-1-35. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-136 Order to show cause - when. (Repealed)
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Source: L. 1897: p. 104, � 33. R.S. 08: � 209. C.L. � 6276. CSA: C. 12, � 36. CRS 53: � 11-1-36. C.R.S. 1963: � 11-1-36. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-137 Hearing - proof of notice - issues. (Repealed)
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Source: L. 1897: p. 105, � 34. R.S. 08: � 210. C.L. � 6277. CSA: C. 12, � 37. CRS 53: � 11-1-37. C.R.S. 1963: � 11-1-37. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-138 Jury trial - when. (Repealed)
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Source: L. 1897: p. 105, � 35. R.S. 08: � 211. C.L. � 6278. CSA: C. 12, � 38. CRS 53: � 11-1-38. C.R.S. 1963: � 11-1-38. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-139 Jury drawn as in civil cases. (Repealed)
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Source: L. 1897: p. 106, � 36. R.S. 08: � 212. C.L. � 6279. CSA: C. 12, � 39. CRS 53: � 11-1-39. C.R.S. 1963: � 11-1-39. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-140 Verdict recorded - costs. (Repealed)
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Source: L. 1897: p. 106, � 37. R.S. 08: � 213. C.L. � 6280. CSA: C. 12, � 40. CRS 53: � 11-1-40. C.R.S. 1963: � 11-1-40. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-141 Court decides if jury disagrees. (Repealed)
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Source: L. 1897: p. 106, � 38. R.S. 08: � 214. C.L. � 6281. CSA: C. 12, � 41. CRS 53: � 11-1-41. C.R.S. 1963: � 11-1-41. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-142 Evidence at hearing. (Repealed)
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Source: L. 1897: p. 106, � 39. R.S. 08: � 215. C.L. � 6282. CSA: C. 12, � 42. CRS 53: � 11-1-42. C.R.S. 1963: � 11-1-42. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-143 Jurisdiction of creditors - when. (Repealed)
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Source: L. 1897: p. 106, � 40. R.S. 08: � 216. C.L. � 6283. CSA: C. 12, � 43. CRS 53: � 11-1-43. C.R.S. 1963: � 11-1-43. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-144 Discharge of assignor - when. (Repealed)
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Source: L. 1897: p. 107, � 41. R.S. 08: � 217. C.L. � 6284. CSA: C. 12, � 44. CRS 53: � 11-1-44. C.R.S. 1963: � 11-1-44. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-145 Discharge - qualifications - exceptions. (Repealed)
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Source: L. 1897: p. 107, � 41. R.S. 08: � 217. C.L. � 6284. CSA: C. 12, � 44. CRS 53: � 11-1-45. C.R.S. 1963: � 11-1-45. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-146 Judgment upon discharge - release. (Repealed)
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Source: L. 1897: p. 108, � 42. R.S. 08: � 218. C.L. � 6285. CSA: C. 12, � 45. CRS 53: � 11-1-46. C.R.S. 1963: � 11-1-46. L. 67: p. 992, �� 2, 4. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-147 Discharge bars subsequent action. (Repealed)
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Source: L. 1897: p. 109, � 43. R.S. 08: � 219. C.L. � 6286. CSA: C. 12, � 46. CRS 53: � 11-1-47. C.R.S. 1963: � 11-1-47. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-148 Appeal - bond. (Repealed)
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Source: L. 1897: p. 109, � 44. R.S. 08: � 220. C.L. � 6287. CSA: C. 12, � 47. CRS 53: � 11-1-48. C.R.S. 1963: � 11-1-48. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-149 Joint debtor not released. (Repealed)
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Source: L. 1897: p. 110, � 45. R.S. 08: � 221. C.L. � 6288. CSA: C. 12, � 48. CRS 53: � 11-1-49. C.R.S. 1963: � 11-1-49. L. 77: Entire section repealed, p. 292, � 1, effective May 26.
Colo. Rev. Stat. § 6-10-150 Property not affected. (Repealed)
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Source: L. 1897: p. 110, � 46. R.S. 08: � 222. C.L. � 6289. CSA: C. 12, � 49. CRS 53: � 11-1-50. C.R.S. 1963: � 11-1-50. L. 77: Entire section repealed, p. 292, � 1, effective May 26.