Terms Used In 7 Guam Code Ann. § 50055

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Only creditors included in the schedule filed by the debtor shall be cited to appear and take part in the meeting mentioned in § 50051, and they shall be notified upon delivery or transmission to them of a copy of the order calling the meeting, to appear at the meeting with the written evidences of their respective claims, without which they shall not be admitted.

The presence of the creditors representing at least three-fifths (3/5) of the liabilities shall be necessary for holding a meeting. The meeting shall be held on the day and at the hour and place designated, the judge of the Superior Court acting as president, and the clerk of the court as secretary thereof, subject to the following rules:

(a) The clerk shall prepare for insertion in the minutes of the meeting a statement of the persons present and their claims; the judge shall examine the written evidences of the claims and the powers of attorney, if any. If the persons present who have complied with the foregoing rules represent at least three-fifths (3/5) of the liabilities, the judge shall declare the meeting open for business.

(b) The petition of the debtor, the schedule of debts and of property, the statement of assets and liabilities, and the proposed agreement filed therewith shall be read forthwith by the clerk, and the discussion shall he opened.

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 50 INSOLVENCY LAW

(c) The debtor may modify his proposition or propositions in view of the results of the debate, or insist upon the ones already made, and the judge without further discussion shall clearly and succinctly place these several propositions before the meeting for a vote thereupon.

(d) The vote shall be taken by a call of names and shall be inserted in the minutes; a majority vote shall rule.

(e) To form a majority it is necessary:

(1) That two-thirds (2/3) of the creditors voting unite upon the same proposition;

(2) That the claims represented by said majority vote amount to at least three-fifths (3/5) of the total liabilities of the debtor mentioned in the petition.

(f) After the result of the voting has been announced, all protests made against the majority vote shall be admitted and stated in the record, and the meeting shall be closed.

(g) The minutes of the meeting, containing a succinct statement of all proceedings had therein, shall he drawn up, and there shall be inserted therein, the proposition or propositions voted upon, which, after having been read and approved, shall be signed by the judge together with all persons taking part in the voting. If any such persons shall be unable to write, any person present shall sign, at their request, and the clerk shall certify to all of the above.
SOURCE: CCP § 1290.