Title LVII, Insolvency Proceedings and Assignments for Creditors

Whenever an assignee has been appointed and qualified, the messenger shall deliver to him all property, books and papers in his possession belonging to the estate, and shall file in the register's office his account, under oath, and settle the same with the judge, with or without…

All claims existing against the estate at the beginning of the proceedings in insolvency may be proved and allowed as of that date, whether then payable or not, with a rebate of interest upon such claims as are not then payable and do not bear interest. Costs taxable against the …

Claims shall be proved by a statement in writing, signed by the creditor or his agent having knowledge of the facts stated, setting forth, under oath, the claim, the consideration therefor, any security held therefor, any payments made or credits that should be allowed thereon an…

Upon proof of the claim as provided in RSA 568:15, unless objection is made by some party in interest, or the judge shall see cause for different action, the claim shall be allowed. In cases of mutual debts and credits, the balance only shall be allowed, and in cases where credit…

All claims shall be proved against the estate within 2 months from the beginning of the insolvency proceedings. Any claim not proved within the time limited may be proved at any time before the final dividend. The proof of a claim shall not affect any dividend already made, but i…

All objections to claims shall be made within 4 months of the beginning of insolvency proceedings, except in cases of claims proved after the time limited, in which cases objections may be made within 30 days of the time of their proof.

All hearings in relation to the allowance of claims shall be held within 5 months of the beginning of the proceedings, or, in cases of claims proved after the time limited, as soon as possible after objection is made.

All assignments, agreements for composition and certificates of discharge shall be recorded in full. All other papers shall be numbered, filed and kept in the register's office as records of the proceedings.

Claims that have been allowed may at any time before the final dividend be reheard in the discretion of the judge, and may be altered or disallowed if the evidence shows that they are founded in fraud, illegality or mistake.

The value of securities held by creditors shall be determined in such manner as the court shall approve, and such value shall be credited upon the claims so secured and the balance only allowed, unless the creditor shall surrender the security, in which case he may be allowed his…

Whenever a creditor whose claim is secured by the individual undertaking of any person other than the debtor fails to prove the claim, such person may prove the same in the name of the creditor.

The judge shall appoint as assignee such proper person as the creditors at their first meeting shall nominate by a vote of 2/3 in number of the creditors who have secured the allowance of their claims and are present at the meeting in person, or by attorney or proxy, and of a maj…

The judge may at any time remove the assignee for cause, and shall fill all vacancies. If the assignee does not, within 5 days after notification of his appointment, accept the trust and file a bond in such sum as the judge shall order, conditioned for the faithful performance of…

The assignee shall give such notice of his appointment as the judge shall order.

The assignee shall, within such time as the judge may order, return into court, under oath, an inventory of all the debtor's estate not exempt from attachment. He shall convert such estate into money in such manner as the judge may direct.

The proceedings in insolvency shall dissolve all attachments of the debtor's property made within 3 months before the beginning thereof, and all payments, pledges, mortgages, conveyances, sales and transfers made within that time, the effect of which, if held valid, would be to d…

The debtor, when required by the court upon reasonable notice, shall appear before the judge and submit to an examination on oath by the assignee or any creditor touching any matter which may affect the settlement of his estate in insolvency. Upon cause shown by affidavit of a pe…

The debtor shall be paid by the assignee $1 a day for his attendance upon request of the assignee and upon request of the judge when required. He shall also be allowed out of his estate, for the necessary support of himself and family, such sum not exceeding $2 a week for each me…

The register shall enter all cases of insolvency upon a docket prepared for the purpose. He shall make all computations of dividends and may administer oaths in insolvency proceedings.

Within 6 months from the beginning of the insolvency proceedings, and at such other times as the judge may direct, the assignee shall file in the office of the clerk an account of his receipts, payments and charges touching the estate. The judge shall appoint a time and place of …

The following claims are entitled to priority, and shall be paid in full in the order named: I. Debts due the United States and all taxes. II. Wages due an operative, clerk or servant, not exceeding $50, for labor performed within 6 months prior to the beginning of the insolvency…

At any time after the beginning of the insolvency proceedings, upon such notice to the creditors and the assignee as he shall think proper, the judge may order the payment in whole or in part of claims entitled to priority under the provisions of this chapter.

Within 8 months from the beginning of the proceedings, the judge shall order that portion of the estate not required to pay claims entitled to priority, or such part thereof as he deems fit, to be divided among all the creditors whose claims have been allowed and who are not enti…

If an appeal in regard to any claim is pending at the time of making a dividend, a sufficient amount shall be reserved in the hands of the assignee to satisfy the dividends that may be called for upon such claim.

The debtor may amend his schedules at any time within 3 months after the beginning of the proceedings. At the end of such time, he shall subscribe, take and file in the office of the clerk an oath, in substance as follows: I, .......... , do solemnly swear that the account of my …

At any time within 12 months after the settlement of the final account of the assignee, and not afterward, the debtor may petition the court for a discharge, and the judge shall thereupon appoint a time and place for a hearing, of which the creditors shall have due notice. A cred…

If it appears to the satisfaction of the judge, after the hearing provided for in RSA 568:36, that the debtor has made a full disclosure and delivery of all his estate as herein required, and that he has in all things conformed to the requirements of the laws relating to insolven…

I. Taxes and debts created by the debtor's fraud, embezzlement or defalcation while acting as a public officer or in any fiduciary capacity shall not be discharged. II. Loan repayments due from loans made in accordance with the provisions of RSA 200-I to a medical or veterinary s…

A discharge shall not release or discharge a person liable for the same debt for or with the debtor.

All warrants, orders of notice and processes issuing from the court relating to insolvency shall be headed "Proceedings in Insolvency," shall be under the seal of the court, and shall be executed and obeyed throughout the state. The officer or person to whom they are legally dire…

A discharge shall not be granted to a debtor whose assets do not pay 50 percent of the claims allowed against his estate which are not entitled to priority, unless the assent in writing of 2/3 in number and value of the creditors who have such claims and whose claims have been al…

A discharge shall not be granted, nor if granted be valid, if the debtor has wilfully sworn falsely as to any material fact in the course of the proceedings or if he has fraudulently concealed any part of his estate, or any books or writings relating thereto; if, being insolvent …

In case of a discharge, if a creditor shall refuse to accept the dividends decreed to him in discharge of his debt or claim, they shall be deposited with the judge of probate, subject to the order of the creditor, and if the creditor does not claim them within one year from the t…

The judge of probate, upon petition, under oath of any creditor or creditors of a debtor residing in the county, setting forth that the debtor is owing the petitioner or petitioners $300 or more, that his property within the state, not exempt from attachment, is in their belief i…

If the list of creditors provided for in RSA 568:43 is returned, the judge shall cause notice to be given to the creditors and proceed for the choice of an assignee, as directed by RSA 568:23. If for any reason the list shall not be returned, the judge shall cause such notice of …

The estate of the debtor shall vest in the judge of probate and such assignee and his successors as may be appointed as in other cases, and the debtor may also be ordered to execute an assignment, and further proceedings shall be had as in cases of voluntary assignment.

A partner, whenever his copartners will not join with him in a voluntary assignment, may file a petition in form and substance like a creditor's petition in the county where any of the partners resides, praying that the firm be adjudged insolvent, and all subsequent proceedings s…

The insolvency of a partnership shall render each partner insolvent within the meaning of this chapter, and his property not exempt from attachment, books and papers shall pass to the messenger and assignee appointed in the partnership proceedings; but the assignee shall be nomin…

The certificate of discharge shall be granted or refused to each partner as though the proceedings had been against him alone. In all other respects the proceedings against partners shall be conducted as though against a single person.

Insolvent corporations created by the laws of this state, except banking and railroad corporations, may make assignments or be proceeded against in insolvency in the same manner as individuals, and the judge for the county where the principal place of business of the corporation …

The judges of probate, or a majority of them, may make rules not repugnant to law for regulating the practice and conducting the business of the court in insolvency proceedings, subject to approval, alteration and amendment by the supreme court.

At the end of 3 months from the beginning of the proceedings, the officers shall severally make and subscribe an oath in substance as follows: I, .......... , (president, etc., or treasurer, etc.), do swear that I believe the account of the creditors of the corporation contained …

If a debtor, or any officer of a corporation against which a petition in insolvency is pending, shall wilfully omit to file a list or schedule as ordered, or shall wilfully and fraudulently give false information or neglect to give true information to the assignee in relation to …

In all cases of insolvency where the debtor's liability exceeds the sum of $300, if the debtor shall, at the first meeting of the creditors or at any subsequent time appointed by the judge, of which legal notice has been given to the creditors, produce an affidavit signed by him …

Appeals in cases of insolvency shall be claimed within 30 days from the rendering of the decision and shall be taken in the same manner and governed by the same rules of procedure as in cases of other appeals from decrees of the judge of probate, except as provided in RSA 568:54.

In case of appeal from the allowance or disallowance of the claims of a creditor, the claimant, if appellant, shall file in the office of the clerk, with his statement of reasons for appeal, a declaration in proper form upon his claim; if appellee, he shall file such declaration …