Page:United States Statutes at Large Volume 78.djvu/711

 78 STAT. ]

PUBLIC LAW 88-509-AUG. 30, 1964

§28-2107. Preferences prohibited A provision in a voluntary assignment made for the payment of one debt or liability in preference to another is void, and all debts and liabilities within the provisions of the assignment shall be paid pro rata from the assets. This section does not affect the priority of liens and incumbrances created bona fide and existing before the execution of the assignment. § 28-2108. Proceedings for benefit of all creditors A proceeding instituted under this chapter by one or more creditors is deemed to be for the equal benefit of all creditors, but the court may make such allowance to the creditor or creditors instituting the same, out of the fund to be distributed, for expenses, including counsel fees, as may be just and equitable. § 28-2109. Assignment to hinder or defraud creditors This chapter does not prevent a creditor otherwise entitle from attacking an assignment as made to hinder or defraud the creditors of the assignor. When the court finds an assignment to have been made with that intent, it may enjoin any proceedingsthereunder, and upon finally decreeing the assignment to be void may appoint a trustee with power to take possession of all the property of the debtor, and may make and enforce all orders necessary to put him in possession of the property. The trustee shall qualify in the same manner and perform the same duties as the trustees provided for by this chapter. §28-2110. Notice to creditors The court shall require a trustee,. whether named in the assignment or appointed by the court, in pursuance of this chapter, to give notice as the court may think proper to all the creditors of the assignor to produce and prove their respective claims against the assignor before the auditor of the court, to the end that they may be fairly adjudicated and the creditors may share equally the assets of the insolvent assignor, subject, however, to any legal priorities created by valid incumbrances antedating the assignment. CHAPTER 2»-ASSIGNMENT OF CHOSES IN ACTION Sec.

28-2301. 28-2302. 28-2303. 28-2304. 28-2305.

Assignment of judgment or money decree. Assignment of bond or obligation. Assignment of nonnegotiable contract. General assignments including choses in action. Contract to assign future salary or wages.

§ 28-2301. Assignment of judgment or money decree A judgment or money decree may be assigned in writing, and upon the assignment thereof oeing filed in the clerk's office the assignee may maintain an action or sue out an execution on the judgment in his own name, as the original plaintiff might have done. § 28-2302. Assignment of bond or obligation An obligee named in a bond or obligation under seal for the payment of money may assign it in writing and the assignee may maintain an action thereon in his own name. § 28-2303. Assignment of nonnegotiable contract An owner of a nonnegotiable written agreement for the payment of money, including a nonnegotiable bill of exchange and a promissory note, or for the delivery or personal property, an open account, debt, and demand of a liquidated character, except a claim against the United States or the salary of a public officer, may assign it in writing, and the assignee may maintain an action thereon in his own name.

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