Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:19-13. Assignee's general powers as successor to assignor Every assignee shall have as full power and authority to dispose of all of the assignor's property, except as otherwise may be provided, as the assignor had at the time of the general assignment. He may sue for and reco…

2A:19-14. Assignee's powers as representative of creditors; setting aside conveyances and transfers The assignee, in addition to the powers which he may exercise as the successor to the assignor, shall also at all times be the representative of the creditors of the assignor, and …

2A:19-15. Subpoena; commitment for failure to testify The assignee may send for persons and papers and examine, on oath which he may administer, any persons, including the creditors and assignor, respecting the affairs, transactions and assets of the assignor, his debts, credits,…

2A:19-16. Continuing assignor's business The court may, upon such notice to creditors as it may direct, authorize the assignee to continue for such a period and under such conditions as it may prescribe, any business of the assignor in which the assigned estate, or any part there…

2A:19-17. Action to compel assignee to perform duties The court may, from time to time, compel the assignee to proceed to the execution of his duties. L.1951 (1st SS), c.344.

2A:19-18. Assignee to sell real estate; manner of sale Whenever any assignee shall take any real estate of the assignor under a general assignment, he shall, except as hereinafter provided, proceed to sell the same, at public or private sale, in the manner prescribed for an execu…

2A:19-19. Assignee to submit sales of personalty for confirmation The assignee shall submit all contracts for sale of personal property of the estate, whether by public or private sale, to the court for confirmation. L.1951 (1st SS), c.344.

2A:19-2. Assignments must be for equal benefit; preferences void Every general assignment made by a debtor residing in this state shall be made for the equal benefit of his creditors in proportion to their several demands, to the extent of the net amount that shall come to the ha…

2A:19-20. Limitation of actions against assignee for taking or disposing of property All actions at law or in equity which may be brought against any assignee on account of the taking, appropriating, selling or disposing of any property by him as a part of the trust estate, shall…

2A:19-21. Reconveyance to assignor upon composition with creditors; proceedings If after a general assignment the assignor shall make an agreement of compromise or composition with his creditors, the court may, if it confirms the agreement, authorize the assignee to reassign and …

2A:19-22. Claims due or to become due are presentable Any creditor may present not only any debt due, but any debt to become due, making in such case a reasonable rebate when interest is not accruing on the same. L.1951 (1st SS), c.344.

2A:19-23. Claims filed after time share only in subsequent dividends If any creditor shall fail to present his claim to the assignee within 3 months from the date of a general assignment, or within such other time as may be fixed by the court for that purpose, his claim shall be …

2A:19-24. Claims filed after time; notice; exceptions; adjudication Upon the presentation of any claim after time as authorized by section 2A:19-23 of this title, the assignee, before allowing the same, shall give notice thereof by mail to the other creditors who have proved thei…

2A:19-25. Assignee to file list of creditors, statement of claims, and proof of notice At the expiration of the time for the presentation of claims, notice having been duly given and mailed as provided in section 2A:19-8 of this title, the assignee shall file with the clerk of th…

2A:19-26. Notice of filing such list and statement; proof of mailing Within 10 days after the filing of the list of creditors and the statement of their claims, the assignee shall mail notice of such filing to every creditor who has proved his claim, addressed to the creditor at …

2A:19-27. Extending time for compliance with sections 2A:19-25 and 2A:19-26 In case of failure to comply with the provisions of sections 2A:19-25 and 2A:19-26 of this title, the court may extend and fix the time of any of the duties of the assignee which he may have failed to per…

2A:19-28. Assignee's inventory, list of creditors and statement of claims to be proved and recorded The inventory and list of creditors, with the statement of claims, as required by sections 2A:19-9 and 2A:19-25 of this title to be filed by the assignee, shall be recorded by the …

2A:19-29. Exceptions to claims At any time within 60 days after the list of creditors and statement of claims have been filed and notice thereof has been mailed to the creditors, the assignee, or any creditor or other person interested, may file in the court exceptions to the all…

2A:19-3. Transfer of property within 4 months of assignment to give preference void; recovery of property If any person being insolvent or in contemplation of insolvency shall, within 4 months before the making of a general assignment, and with the intention of preferring any cre…

2A:19-30. Wages of clerks, mechanics, and laborers, preferred The wages of clerks, mechanics and laborers due from the assignor at the time of the general assignment including wages fully earned though not then payable, shall be preferred and shall be paid by the assignee before …

2A:19-31. Landlord's lien on assignor's goods Where the assignor is a tenant, all of his goods and chattels on the premises, in his possession, shall be subject to a lien for the payment of rent due to the landlord. The claim for rent in favor of the landlord, not exceeding 1 yea…

2A:19-32. Landlord's rights where assignor's goods removed If the tenant, his assignee, or any other person, shall remove any goods and chattels from the demised premises, after the assignment, the landlord, at any time within 40 days after such removal, may seize such goods and …

2A:19-33. Assignee to proceed to make dividends If no exceptions to any claim or demand are filed, or in case any exceptions are filed, then after they have been adjudicated or settled, the assignee shall proceed to make, from time to time, fair and equal dividends among said cre…

2A:19-34. Partial distribution The court, in its discretion, on the application of the assignee or any person in interest, from time to time, may direct such partial distribution from the assets in hand to those creditors whose claims are not in dispute as may safely be made, res…

2A:19-35. Directions as to dividends The court may, in its discretion, upon application of the assignee, or of any person in interest, make directions with respect to any or all dividends, including the time when the same shall be made and the amount thereof. L.1951 (1st SS), c.3…

2A:19-36. Death or incapacity of assignee; successor In case the assignee shall die or become incapable of executing his trust the court shall, upon application of any person in interest, appoint some suitable person or persons in his stead. L.1951 (1st SS), c.344.

2A:19-37. Removal for maladministration, neglect, or other cause; successor In case any assignee shall embezzle, waste or misapply any part of the trust estate in his hands or under his control, or shall neglect or refuse to execute his trust, or to perform and obey any order or …

2A:19-38. Estate vests in new assignee; accounting and delivery by predecessor Upon the appointment of any new assignee as aforesaid, the entire trust estate, in whatsoever form the same then may be, shall forthwith vest in him. The court may compel the removed assignee, or the p…

2A:19-39. Powers and duties of new assignee Every new assignee shall have all the powers and rights and perform all the duties not already performed, conferred and imposed by the assignment or by law upon the original assignee. L.1951 (1st SS), c.344.

2A:19-4. Assignor to acknowledge assignment for recording as deed The assignor shall acknowledge the general assignment or cause the same to be proved according to law, so that it may be recorded as a deed to real estate. L.1951 (1st SS), c.344.

2A:19-40. Bond of new assignee Every new assignee shall enter into bond for the faithful performance of his trust, in such amount as the court shall fix. The bond shall run to the superior court. L.1951 (1st SS), c.344.

2A:19-41. Final and intermediate accounts As soon as may be after the determination of all claims, the assignee shall render, on oath, a final account to the court. The court may, in its discretion, upon the application of the assignee or any creditor, or the surety on the assign…

2A:19-42. Disposition of unclaimed money 2A:19-42. Disposition of unclaimed money. When an assignee states his final account, and there remains a balance, dividend sum or sum of money to be paid to a person and the person or his guardian, if he be under any disability, the balanc…

2A:19-43. Compensation of assignee Such commissions shall be made to the assignee or to the personal representatives of a deceased assignee, or to a person who has been removed by the court from his office as assignee for any cause other than his misconduct, on any intermediate o…

2A:19-44. Any corporation may assign Any corporation organized under the laws of this state may make a general assignment under the provisions of this chapter. L.1951 (1st SS), c.344.

2A:19-45. Corporation deemed resident of what county 2A:19-45. A corporation making a general assignment shall be deemed, for the purposes of this chapter, a resident of the county in which its principal office is located. L.1951 (1st SS), c.344; amended 1991,c.91,s.72.

2A:19-46. Assignee as party to receivership suit The assignee may be made a party to any action in the superior court to have the corporation adjudged insolvent and a receiver thereof appointed, and may be enjoined, restrained and removed in such action and subjected to all order…

2A:19-47. Removal of assignee and transfer of estate to receiver 2A:19-47. In case a corporation shall, at any time after the making of a general assignment, be adjudged insolvent and a receiver thereof be appointed by the Superior Court, the said court may, whenever it may deem …

2A:19-48. Inclusion of individual estate When a general assignment is made by partners in business, it may include only the partnership property or it may include also the several estates of the partners; or any of the partners may also make a separate general assignment of his i…

2A:19-49. Partnership and individual estates to be kept separate In all cases where a general assignment includes both a partnership and an individual estate, the same shall be kept separate in all proceedings under this chapter, and all notices and accounts in relation thereto s…

2A:19-5. Assignor to annex inventory and list of creditors with their claims, to assignment The assignor shall annex to the general assignment an inventory, under oath of his estate, real and personal, together with a list of his creditors and the amount of their respective claim…

2A:19-50. One partner to reside in State 2A:19-50. In order to bring a general assignment of partners in business within the operation of this chapter, it shall be sufficient if any one of them resides in this State. L.1951 (1st SS), c.344; amended 1991,c.91,s.74.

2A:19-6. Legality of assignments All general assignments for the benefit of creditors shall be made in accordance with the provisions of this chapter. L.1951 (1st SS), c.344.

2A:19-7. Assignee to record and file assignment 2A:19-7. The assignee, upon receiving a general assignment, shall forthwith record it, including the inventory and list of creditors with their claims, in the county where the assignor resides and in any other counties or states whe…

2A:19-8. Publication and mailing of notice; extension of time The assignee shall also forthwith give public notice by advertising at least 4 times during 4 consecutive calendar weeks, once in each week in a newspaper printed in this state and circulating in the neighborhood where…

2A:19-9. Assignee to file inventory and valuation The assignee shall also forthwith file with the clerk of the court, under oath, a true inventory and valuation of the estate so far as it has come to his knowledge. L.1951 (1st SS), c.344.