Assignment for Benefit of Creditors
Legality Of Assignments
Most states have enacted statutes that regulate assignments for the benefit of creditors. Some states require that an assignment must comply with statutory requirements or be invalid, while in others the debtor may make a common-law assignment, which is regulated by common law, or a statutory assignment, which is controlled by applicable statutes.
The state statutes require that the assignment be recorded, schedules of assets and liabilities be filed, notice be given to the creditors, the assignee be bonded, and the assignor be supervised by the court. Almost every jurisdiction prohibits the granting of a preference. All creditors except those with liens or statutorily created priorities are treated equally. Some statutes empower an assignee to set aside prior fraudulent conveyances, and others authorize the assignee to set aside preferences made before the assignment.
If a debtor has made substantial preferences, fraudulent conveyances, or allowed liens VOIDABLE in BANKRUPTCY to attach to his or her property, then creditors might be able to force the debtor into bankruptcy if they decide that the assignment does not adequately protect their rights. An efficiently handled assignment for benefit of creditors is frequently more advantageous to creditors than bankruptcy because it usually brings about better liquidation prices and its less rigid and formal structure saves time and money.
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