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 executor or administrator directed by the court to sell lands for the payment of the debts of a decedent.
L.1951 (1st SS), c.344.
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.
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 be commenced within 9 months from the time when the cause of action shall arise, and not afterwards.
L.1951 (1st SS), c.344.
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 reconvey to the assignor all the trust estate in his hands, in whatsoever form the same may be, free and discharged from the trust.
L.1951 (1st SS), c.344.
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.
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 barred of a dividend, except that any creditor may, at any time prior to the making of a final dividend, present his claim under oath to the assignee, and share in any dividend made after such presentation.
L.1951 (1st SS), c.34
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 their claims, as directed by section 2A:19-26 of this title in relation to claims proved in time. The claim shall be subject to the same exceptions by the assignee or the other creditors as a claim filed in time and may be adjudicated upon in like manner.
L.1951 (1st SS), c.344.
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 the court a true list, under oath, of all the creditors of the assignor who have proved their claims before him, with a true statement of their respective claims, and due proof of the publication and mailing of the notice above-mentioned. Such proof shall give in detail the names of the persons to whom, with the respective addresses to which, and the time when, such notices were mailed.
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 his usual post-office address, so far as the assignee can ascertain, and shall, within said 10 days, also file with the clerk of the court due proof of the mailing of such notice.
L.1951 (1st SS), c.344.
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 perform.
L.1951 (1st SS), c.344.
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 clerk of the court in a book provided for that purpose and called "assignee's book" .
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 allowance or rejection by the assignee of claim or demand of any creditor exhibited as aforesaid. The court may then adjudicate upon such claim or demand.
L.1951 (1st SS), c.344
