Voluntary Assignments for the Benefit of Creditors: Volume II

by James Avery Webb

Overview

Bankruptcy attorneys will be intrigued by this early comprehensive treatment of the law governing voluntary assignments for the benefit of creditors. i.e., transfers not under the compulsion of law by debtors of their property in trust for the payment of their debts. Presentation of the subject is made in the time order in which its various aspects occur. Thousands of cases are cited along the way.

Product Details

ISBN-13:	9781893122291
Publisher:	Beard Books, Incorporated
Publication date:	12/01/1994
Series:	Law Classic Ser.
Pages:	412
Product dimensions:	6.09(w) x 9.07(h) x 0.96(d)

Table of Contents

	Table of Cases Cited	xvii
Chapter I.	Assignments in general -- Voluntary assignments for the benefit of creditors defined and distinguished from other modes and instruments of transfer	1
Chapter II.	The right to assign -- Statutory provisions restricting the right to assign, and regulating the operation of assignments	19
Chapter III.	Voluntary assignments considered in connection with the bankrupt law	25
Chapter IV.	Who may make an assignment	58
Chapter V.	To whom an assignment may be made -- Qualifications of assignees	92
Chapter VI.	The assigned property; the amount assigned; what may be assigned; what passes by the assignment	97
Chapter VII.	For whose benefit an assignment may be made	115
Chapter VIII.	Form of the assignment	122
Chapter IX.	Partial assignment	157
Chapter X.	Assignments with preferences	162
Chapter XI.	Assignments with special provisions	193
1.	Stipulations for the release of the debtor as a condition of the assignment	197
2.	Reservations of benefit to the debtor	217
3.	Appropriations of assets in assignments by firms and their members	234
4.	Stipulations for the continuance of assignor's business	242
5.	Provisions respecting the time for executing the trust	245
6.	Limitation of time for creditors to become parties, or assent	249
7.	Provisions respecting the sale of the property assigned	251
8.	Special powers and directions to assignees	266
9.	Stipulations for the benefit of assignees	272
10.	Reservations of powers to assignors	273
Chapter XII.	Consideration of assignments	277
Chapter XIII.	Trusts of assignments	280
Chapter XIV.	Execution of the assignment	285
Chapter XV.	Record or registry of the assignment	292
Chapter XVI.	Delivery of the assignment	301
Chapter XVII.	Amendments and additions to assignments	304
Chapter XVIII.	Acceptance by the assignee	309
Chapter XIX.	Delivery of possession of the property assigned	315
Chapter XX.	Assent of creditors	332
Chapter XXI.	Time when the assignment takes effect	349
Chapter XXII.	Operation of an assignment	352
Chapter XXIII.	The lex loci in its application to assignments	357
Chapter XXIV.	Construction of assignments	381
Chapter XXV.	Fraudulent and void assignments	399
Chapter XXVI.	Assignments considered in connection with other transfers by the assignor	450
Chapter XXVII.	Revocation and cancellation of assignments	459
Chapter XXVIII.	Proceedings by the assignee in execution of the trust -- General outline of the proceedings, and of the duties, powers and liability of assignees	463
Chapter XXIX.	Notice of the assignment	466
Chapter XXX.	Taking possession of the property assigned	468
Chapter XXXI.	Inventory and appraisement of the property -- Bond by the assignee	476
Chapter XXXII.	Rights, duties and powers of the assignee	478
Chapter XXXIII.	To what extent the assignor's business may be continued by the assignee	490
Chapter XXXIV.	Collection of debts and recovery of property -- Actions by the assignee	494
Chapter XXXV.	Sale of the assigned property	505
Chapter XXXVI.	Expenses of the trust and compensation to the assignee	518
Chapter XXXVII.	Distribution among creditors	528
Chapter XXXVIII.	Disposition of the surplus remaining after distribution	551
Chapter XXXIX.	Final accounting and close of the trust by the assignee	554
Chapter XL.	Liability of assignees	561
Chapter XLI.	Proceedings in case of the death, removal, non-acceptance, resignation, misconduct, insolvency or incapacity of an assignee	574
Chapter XLII.	Proceedings of creditors -- Coming in under the assignment	580
Chapter XLIII.	Release by creditors	588
Chapter XLIV.	Proceedings by creditors to enforce the trust -- Suits against assignee	592
Chapter XLV.	Proceedings of creditors in opposition to the assignment and in avoidance of it	599