Terms Used In 7 Guam Code Ann. § 50156

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Service of process: The service of writs or summonses to the appropriate party.
A copy of the order provided for in the last preceding section shall immediately be published by the clerk of the court in the usual manner for the number of times and as prescribed by the court. Upon the filing, at any time before the date set for such meeting, of the schedule required by said last preceding section, a copy of said order shall be delivered personally or sent by the clerk forthwith by registered mail, postage prepaid, to all creditors named in said schedule. If said schedule is not filed prior to the day fixed for the election of an assignee, publication of said order as herein

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required shall be of itself sufficient notice to the creditors of the time and place appointed for the election of an assignee. No order of adjudication upon creditor’s petition shall be entered unless there be first deposited, in addition to the costs of commencing said proceedings, a sum of money sufficient to defray the expense of the publication ordered by the court, necessary postage, and ten cents ($0.10) for each copy to be delivered personally or mailed to the creditors. The last-named sum is hereby constituted the legal fee for the personal delivery or mailing required by this section.
SOURCE: CCP § 1315.

§ 50157. Court Order: When Debtor Resides Out of Guam; Undertaking Required
. In all cases where the debtor resides out of Guam; or has departed from Guam; or cannot, after due diligence, be found within Guam; or conceals himself to avoid service of the order to show cause, or any other preliminary process or orders in the matter; or is a foreign corporation having no managing or business agent, cashier, or secretary within Guam upon whom service or orders and process can be made, and it therefore becomes necessary to obtain service of process and order to show cause, as provided in § 50153 of this Title, then the petitioning creditors, upon submitting the affidavits requisite to procure an order of publication, and presenting a bond in double the amount of the aggregate sum of their claims against the debtor, shall be entitled to an order of the court directing a commissioner to take into his custody a sufficient amount of property of the debtor to satisfy the demands of the petitioning creditors and the costs of the proceedings. Upon receiving such order of the court to take into custody property of the debtor, it shall be the duty of the commissioner to take possession of the property and effects of the debtor, not exempt from execu- tion, to an extent sufficient to cover the amount provided for, and to prepare, within three (3) days from the time of taking such possession, a complete inventory of all the property so taken, and to return it to the court as soon as completed. The time for taking the inventory and making return thereof may be extended for good cause shown to the court. The commissioner shall also prepare a schedule of the names and residences of the creditors, and the amount due each, from the books of the debtors, or from such other papers or data of the debtor available as may come to his possession, and shall file such schedule list of creditors and inventory with the clerk of the court.

SOURCE: CCP § 1316.

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