§ 54-9-1 Execution of assignment by insolvent debtor
§ 54-9-2 Instrument of assignment–Execution–Acknowledgment or proof–Recording–Defective execution invalidates assignment
§ 54-9-3 Subsisting absolute or contingent liability of assignor
§ 54-9-5 Assignment invalid against creditor of assignor not assenting thereto
§ 54-9-6 Property exempt from execution–Life insurance–Effect of assignment
§ 54-9-7 Inventory required of assignor–Contents–Verification
§ 54-9-8 Recording assignment and filing inventory
§ 54-9-9 Effect of omitting to record–Assignment of real property
§ 54-9-10 Assent of creditors necessary to modification of assignment
§ 54-9-11 Bond of assignee–Amount–Approval of sureties by circuit court–Terms andconditions
§ 54-9-12 Disposal or conversion of estate–Authority of assignee
§ 54-9-13 Assignee takes subject to rights of third parties–Nonliability for acts done in goodfaith under void assignment
§ 54-9-13.1 Action by assignee against person receiving property of debtor in fraud of creditors
§ 54-9-13.2 Action by assignee against creditor receiving voluntary transfer from insolventassignor
§ 54-9-13.3 Duties of assignee
§ 54-9-13.4 Notice to creditors to present verified claims–Publication
§ 54-9-13.5 Contents of creditor’s claim–Claim founded upon instrument
§ 54-9-13.6 Time limitation on filing creditor’s claim
§ 54-9-13.7 Wages and commissions as preferred claims–Limitation on amount–“Traveling orcity salesmen” defined
§ 54-9-13.8 Sale or compromise of claims or property of estate–Liability of assignee
§ 54-9-13.9 Sales at public auction–Procedure for private sales and sales of perishable property
§ 54-9-14 Compensation of assignee
§ 54-9-15 Proceeding subject to order and supervision of circuit court–Rendition of accountsand filing of reports by assignee–Distribution of trust estate
§ 54-9-15.1 Power of court to take and state accounts
§ 54-9-15.2 Accountants and attorneys appointed by court–Compensation of attorneys
§ 54-9-16 Accounting of assignee
§ 54-9-16.1 Deposit of funds in court for distribution subsequent to discharge of assignee
§ 54-9-17 Removal of assignee by circuit court–Appointment and delivery of property tosuccessor
§ 54-9-18 Removal of assignee by circuit court–Discharge on full accounting and surrender ofproperty to new assignee
§ 54-9-19 Discharge of assignee upon full compliance with trust
§ 54-9-20 Application of assignee for discharge–Notice by publication
§ 54-9-21 Hearing upon application of assignee for discharge–Order requiring the performanceof acts not completed–Order of discharge, granting, effect
§ 54-9-22 Federal bankruptcy proceedings, possession of estate taken from assignee–Dischargeof assignee on full accounting to trustee in bankruptcy

Terms Used In South Dakota Codified Laws > Title 54 > Chapter 9 - Assignment for Benefit of Creditors

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fraud: Intentional deception resulting in injury to another.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2