Sec. 15. (a) If a creditor or the trustee, by verified petition, asks the court for the examination of the assignor or any person to whom any part of the person’s property has been transferred within six (6) months before the assignment, the circuit or superior court may issue an order for the examination of:

(1) the assignor;

Terms Used In Indiana Code 32-18-1-15

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Trustee: A person or institution holding and administering property in trust.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) a person or officer of a corporation to whom a transfer is believed to have been fraudulently made;

(3) a person or officer of an association to whom a transfer is believed to have been fraudulently made; and

(4) a person alleged to have been concerned in the transfer.

     (b) A person described in subsection (a) may be brought before the court and, on oath, be compelled to answer all questions put to the person pertinent to the alleged transaction. The court may stay further transfers and subject property that has been fraudulently withheld or transferred to the operation of the general trust. The assignor or person shall be interrogated or be compelled to answer all questions concerning the disposition of the property of the assignor. The assignor may be interrogated and compelled to answer all questions concerning the management of the assignor’s business and affairs for the six (6) months before the assignment. The assignor shall be compelled to produce all books, papers, and accounts in reference to the assignor’s business affairs during the six (6) months preceding the assignment.

[Pre-2002 Recodification Citation: 32-12-1-15.]

As added by P.L.2-2002, SEC.3. Amended by P.L.9-2022, SEC.66.