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CHAPTER 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS

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BUSINESS AND COMMERCE CODETITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUDCHAPTER 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORSSUBCHAPTER A. GENERAL PROVISIONSSec. 23.01.DEFINITIONS.In this chapter, unless the contextrequires a different definition,(1)"assigned estate" means all the real and personal estate ofan assigning debtor passing to the consenting creditors under anassignment by virtue of Section 23.02 or 23.09(b) of this code;(2)"assignee" means an assignee for the benefit of creditors;(3)"assigning debtor" means a person executing an assignment;(4)"assignment" means a general assignment for the benefit ofcreditors made under this chapter;(5)"consenting creditor" means a creditor who has consented toan assignment in one of the ways provided by Section 23.30 ofthis code; and(6)"real and personal estate" does not include property exemptby law from execution.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.02.NATURE AND EFFECT OF ASSIGNMENT.(a)A debtor mayassign his real and personal estate under this chapter to anassignee for the benefit of the debtor's creditors.(b)An assigning debtor shall provide in the assignment fordistribution of all his real and personal estate to eachconsenting creditor in proportion to each consenting creditor'sclaim.(c)Regardless of an expression to the contrary, an assignmentpasses all an assigning debtor's real and personal estate to eachconsenting creditor in proportion to each consenting creditor'sclaim.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.SUBCHAPTER B. THE ASSIGNMENTSec. 23.08.FORM AND CONTENT OF ASSIGNMENT.(a)For anassignment to be valid,(1)the assigning debtor must make the assignment in writing;and(2)it must be proved or acknowledged and recorded in the mannerprovided by law for the conveyance of real estate.(b)The assigning debtor shall attach to his assignment aninventory containing the following information:(1)a list naming each creditor of the assigning debtor;(2)the resident address, if known, of each creditor;(3)the amount owed each creditor and the type of debt;(4)the consideration for the debt and the place where the debtarose;(5)a description of each existing judgment or security for thepayment of the debt;(6)a schedule of all the assigning debtor's real and personalestate at the date of the assignment;(7)a description of(A)each encumbrance on the real and personal estate; and(B)each voucher and security relating to the estate; and(8)the value of the estate.(c)The assigning debtor shall sign the inventory required bySubsection (b) of this section and swear that it is just andtrue.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.09.FRAUD DOES NOT DEFEAT ASSIGNMENT.(a)Anassignment is not affected and a consenting creditor is notdeprived of his proportionate share of the assigned estate by thefraudulent act or intent of the assigning debtor or assignee. Aconsenting creditor is a proper party to a suit filed to enforcea right under an assignment, or to protect an interest in anassigned estate.(b)Except as to an innocent purchaser for value, a transfer ofproperty made in contemplation of an assignment with an intent todefeat, delay, defraud, or give preference to a creditor is voidand the property passes under the assignment rather than by thetransfer.(c)An assignee may sue to recover property transferred with anintent described in Subsection (b) of this section, and when theproperty is recovered, the assignee shall apply it for thebenefit of the assigning debtor's creditors along with propertybelonging to the assigned estate already in the assignee'spossession. If an assignee neglects or refuses to sue to recoverproperty transferred with an intent described in Subsection (b)of this section, a creditor, after securing the assignee againstcost or liability, may sue in the assignee's name to recover theproperty.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.10.ASSIGNMENT DISCHARGES DEBTOR.If an assigningdebtor makes an assignment, he is discharged from liability onthe claim of a consenting creditor unless the consenting creditordoes not receive at least one-third of the amount allowed on hisclaim against the assigned estate.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.SUBCHAPTER C. DUTIES AND RIGHTS OF ASSIGNEESec. 23.16.ASSIGNEE'S QUALIFICATIONS, DUTY TO RECORDASSIGNMENT, AND BOND.(a)An assignee shall be a resident ofthis state and a resident of the county in which the assigningdebtor resides, or in which the assigning debtor's principalbusiness was conducted.(b)Immediately after the assignment instrument is executed anddelivered to him, the assignee shall record it in the county ofhis residence and in each county in which there is real propertyconveyed to the assignee by the assignment.(c)Within five days after delivery to him of the assignmentinstrument, the assignee shall execute a bond(1)with a surety who must be approved by the judge of eitherthe county or district court in the county of the assignee'sresidence;(2)conditioned that he will perform faithfully his duties asassignee and distribute proportionately the net proceeds of theassigned estate to the consenting creditors entitled to it underthe assignment;(3)in an amount fixed by the county or district judge;(4)payable to the state; and(5)which inures to the benefit of the assigning debtor and eachof the creditors.(d)The assignee shall file the bond with the county clerk ofthe county in which the assigning debtor resides and then theassignee shall take possession of the assigned estate and carryout the assignment.(e)An assignment is valid as against an assigning debtor or hiscreditors even though the assignee fails to execute and file abond as required by Subsections (c) and (d) of this section.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.17.NOTICE OF ASSIGNEE'S APPOINTMENT.(a)Within 30days after an assignment is executed, the assignee shall publishnotice of his appointment as assignee in a newspaper published inthe county(1)where the assigning debtor resides or where he operated hisprincipal business before the assignment; or(2)nearest the assigning debtor's residence or principalbusiness if a newspaper is not published in the county of theassigning debtor's residence or principal business.(b)The assignee shall publish notice of his appointment asassignee once each week for three consecutive weeks.(c)The assignee shall notify by mail each of the assigningdebtor's listed creditors of his appointment as assignee.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.18.REPLACEMENT OF ASSIGNEE.(a)A county or districtcourt of the county in which the assignee resides shall remove orreplace the assignee on application of the assigning debtor or acreditor, or on its own motion,(1)if the court is satisfied that the assignee has not executedand filed the bond required by Sections 23.16(c) and (d) of thiscode;(2)if the assignee refuses or fails to serve for any reason; or(3)for good cause.(b)On removal, resignation, or death of the assignee, the courtshall appoint in writing a new assignee in term time or vacation.(c)As soon as the new assignee executes and files a bond asrequired by Sections 23.16(c) and (d) of this code, he shall takepossession of the assigned estate and carry out the assignment.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.19.ASSIGNEE'S DUTY TO DISTRIBUTE ASSIGNED ESTATE.Eachtime an assignee has enough money to pay 10 percent of theassigning debtor's debts, he shall distribute the money among thecreditors entitled to receive it in proportion to their claimsallowed under Section 23.31(b) of this code.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.20.DISCOUNT OF CLAIM NOT DUE AND ALLOWANCE OF SECUREDCLAIM.(a)The assignee may allow a claim which is not due atits present value by discounting it at the legal rate.(b)If a creditor holds collateral to secure his claim worthless than his claim, the assignee may estimate the value of thecollateral and allow the creditor as a claim against the assignedestate only the difference between the value of the collateraland the amount of the claim.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.21.ASSIGNEE'S ENTITLEMENT TO COMPENSATION.An assigneeis entitled to reasonable compensation for his services andreimbursement for his necessary expenses, including an attorney'sfee, all of which shall be fixed by the county or district courtwho approved his bond. The compensation, expenses, and attorney'sfee fixed by the county or district court shall be paid out ofthe assigned estate.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.22.EXAMINATION OF DEBTOR OR OTHER PERSON.(a)Thecourt in which a proceeding involving an assigned estate has beenfiled may, after reasonable notice to each person concerned,compel any person to answer questions under oath on(1)application of a creditor of the assigning debtor; or(2)its own motion.(b)The court may compel attendance and an answer to anyquestion concerning the assigned estate by writ or order as inother cases. Questions asked and answers given during theexamination shall be in writing, the person examined shall swearto and sign his answers before the clerk, and the questions andanswers shall be filed with the clerk for use by anyoneinterested in the proceeding.(c)The court shall charge the cost of the examination againstthe applicant or the assigned estate, as the court deems proper.(d)The assigning debtor may not be prosecuted or punished foran answer given by him during the examination.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.23.ASSIGNEE'S FINAL REPORT AND DISCHARGE.(a)Anassignee wishing to be discharged from his appointment shallprepare and file for record with the county clerk of the countyin which his assignment is recorded a sworn report describing(1)all property which came into his possession under theassignment; and(2)how and to whom he distributed the property.(b)The assignee shall also deposit in the registry of the courtwho approved his bond money belonging to the assigned estatestill in his possession at the time he files his report underSubsection (a) of this section. The court shall distribute themoney under this chapter to the consenting creditors and assigneeand, in the case of surplus, to the nonconsenting creditors andassigning debtor.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.24.TIME LIMIT ON BRINGING ACTION AGAINST ASSIGNEE.Anaction against an assignee based on his conduct in carrying outthe assignment, as shown in his report filed under Section23.23(a) of this code, must be brought within 12 months after thereport is filed or the action is barred.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.SUBCHAPTER D. DUTIES AND RIGHTS OF CREDITORSSec. 23.30.CREDITOR'S CONSENT TO ASSIGNMENT.(a)A creditormust inform the assignee in writing of his consent to theassignment within four months after the assignee gives the noticerequired by Section 23.17 of this code.(b)If a creditor is not given actual notice of an assignment,but subsequently learns of the assignment, he may consent to theassignment at any time before the first distribution of theassigned estate is begun.(c)Receipt by a creditor of payment for part of his claim fromthe assignee is conclusive evidence of the creditor's consent tothe assignment.(d)If a creditor does not consent to an assignment, he is notentitled to receive any of the assigned estate under theassignment.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.31.CREDITOR'S PROOF AND ASSIGNEE'S ALLOWANCE OF CLAIM.(a)Within six months after the first publication of notice ofappointment required by Section 23.17 of this code, a consentingcreditor must file with the assignee a statement, sworn to by thecreditor, his agent, or attorney,(1)describing the nature and amount of the creditor's claimagainst the assigning debtor; and(2)stating that(A)the claim is true;(B)the debt is just; and(C)all proper credits or offsets have been allowed against theclaim.(b)The assignee shall allow a claim filed under Subsection (a)of this section against the assigned estate unless he has goodreason to believe the claim is not just and true.(c)If a creditor does not file a statement in the time requiredby Subsection (a) of this section, he is not entitled to receiveany of the assigned estate.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.32.CREDITOR'S SUIT ON DISPUTED CLAIM.(a)Theassignee shall give any creditor a copy of any statement of claimfiled under Section 23.31(a) of this code if the creditorrequests a copy.(b)Within eight months after the first publication of noticerequired by Section 23.17 of this code, an assigning debtor orcreditor may sue to(1)set aside an allowance made on a claim by the assignee; and(2)restrain payment of the claim by the assignee.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.Sec. 23.33.NONCONSENTING CREDITOR'S RIGHT TO SURPLUS.If acreditor does not consent to an assignment, he may garnishee theassignee for the excess of the assigned estate remaining in theassignee's possession after the assignee has paid(1)each consenting creditor the amount of his claim allowedunder Section 23.31(b) of this code; and(2)the expense of carrying out the assignment.Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.
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  • BUSINESS AND COMMERCE CODE

    TITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD

    CHAPTER 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 23.01. DEFINITIONS. In this chapter, unless the context

    requires a different definition,

    (1) "assigned estate" means all the real and personal estate of

    an assigning debtor passing to the consenting creditors under an

    assignment by virtue of Section 23.02 or 23.09(b) of this code;

    (2) "assignee" means an assignee for the benefit of creditors;

    (3) "assigning debtor" means a person executing an assignment;

    (4) "assignment" means a general assignment for the benefit of

    creditors made under this chapter;

    (5) "consenting creditor" means a creditor who has consented to

    an assignment in one of the ways provided by Section 23.30 of

    this code; and

    (6) "real and personal estate" does not include property exempt

    by law from execution.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.02. NATURE AND EFFECT OF ASSIGNMENT. (a) A debtor may

    assign his real and personal estate under this chapter to an

    assignee for the benefit of the debtor's creditors.

    (b) An assigning debtor shall provide in the assignment for

    distribution of all his real and personal estate to each

    consenting creditor in proportion to each consenting creditor's

    claim.

    (c) Regardless of an expression to the contrary, an assignment

    passes all an assigning debtor's real and personal estate to each

    consenting creditor in proportion to each consenting creditor's

    claim.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    SUBCHAPTER B. THE ASSIGNMENT

    Sec. 23.08. FORM AND CONTENT OF ASSIGNMENT. (a) For an

    assignment to be valid,

    (1) the assigning debtor must make the assignment in writing;

    and

    (2) it must be proved or acknowledged and recorded in the manner

    provided by law for the conveyance of real estate.

    (b) The assigning debtor shall attach to his assignment an

    inventory containing the following information:

    (1) a list naming each creditor of the assigning debtor;

    (2) the resident address, if known, of each creditor;

    (3) the amount owed each creditor and the type of debt;

    (4) the consideration for the debt and the place where the debt

    arose;

    (5) a description of each existing judgment or security for the

    payment of the debt;

    (6) a schedule of all the assigning debtor's real and personal

    estate at the date of the assignment;

    (7) a description of

    (A) each encumbrance on the real and personal estate; and

    (B) each voucher and security relating to the estate; and

    (8) the value of the estate.

    (c) The assigning debtor shall sign the inventory required by

    Subsection (b) of this section and swear that it is just and

    true.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.09. FRAUD DOES NOT DEFEAT ASSIGNMENT. (a) An

    assignment is not affected and a consenting creditor is not

    deprived of his proportionate share of the assigned estate by the

    fraudulent act or intent of the assigning debtor or assignee. A

    consenting creditor is a proper party to a suit filed to enforce

    a right under an assignment, or to protect an interest in an

    assigned estate.

    (b) Except as to an innocent purchaser for value, a transfer of

    property made in contemplation of an assignment with an intent to

    defeat, delay, defraud, or give preference to a creditor is void

    and the property passes under the assignment rather than by the

    transfer.

    (c) An assignee may sue to recover property transferred with an

    intent described in Subsection (b) of this section, and when the

    property is recovered, the assignee shall apply it for the

    benefit of the assigning debtor's creditors along with property

    belonging to the assigned estate already in the assignee's

    possession. If an assignee neglects or refuses to sue to recover

    property transferred with an intent described in Subsection (b)

    of this section, a creditor, after securing the assignee against

    cost or liability, may sue in the assignee's name to recover the

    property.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.10. ASSIGNMENT DISCHARGES DEBTOR. If an assigning

    debtor makes an assignment, he is discharged from liability on

    the claim of a consenting creditor unless the consenting creditor

    does not receive at least one-third of the amount allowed on his

    claim against the assigned estate.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    SUBCHAPTER C. DUTIES AND RIGHTS OF ASSIGNEE

    Sec. 23.16. ASSIGNEE'S QUALIFICATIONS, DUTY TO RECORD

    ASSIGNMENT, AND BOND. (a) An assignee shall be a resident of

    this state and a resident of the county in which the assigning

    debtor resides, or in which the assigning debtor's principal

    business was conducted.

    (b) Immediately after the assignment instrument is executed and

    delivered to him, the assignee shall record it in the county of

    his residence and in each county in which there is real property

    conveyed to the assignee by the assignment.

    (c) Within five days after delivery to him of the assignment

    instrument, the assignee shall execute a bond

    (1) with a surety who must be approved by the judge of either

    the county or district court in the county of the assignee's

    residence;

    (2) conditioned that he will perform faithfully his duties as

    assignee and distribute proportionately the net proceeds of the

    assigned estate to the consenting creditors entitled to it under

    the assignment;

    (3) in an amount fixed by the county or district judge;

    (4) payable to the state; and

    (5) which inures to the benefit of the assigning debtor and each

    of the creditors.

    (d) The assignee shall file the bond with the county clerk of

    the county in which the assigning debtor resides and then the

    assignee shall take possession of the assigned estate and carry

    out the assignment.

    (e) An assignment is valid as against an assigning debtor or his

    creditors even though the assignee fails to execute and file a

    bond as required by Subsections (c) and (d) of this section.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.17. NOTICE OF ASSIGNEE'S APPOINTMENT. (a) Within 30

    days after an assignment is executed, the assignee shall publish

    notice of his appointment as assignee in a newspaper published in

    the county

    (1) where the assigning debtor resides or where he operated his

    principal business before the assignment; or

    (2) nearest the assigning debtor's residence or principal

    business if a newspaper is not published in the county of the

    assigning debtor's residence or principal business.

    (b) The assignee shall publish notice of his appointment as

    assignee once each week for three consecutive weeks.

    (c) The assignee shall notify by mail each of the assigning

    debtor's listed creditors of his appointment as assignee.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.18. REPLACEMENT OF ASSIGNEE. (a) A county or district

    court of the county in which the assignee resides shall remove or

    replace the assignee on application of the assigning debtor or a

    creditor, or on its own motion,

    (1) if the court is satisfied that the assignee has not executed

    and filed the bond required by Sections 23.16(c) and (d) of this

    code;

    (2) if the assignee refuses or fails to serve for any reason; or

    (3) for good cause.

    (b) On removal, resignation, or death of the assignee, the court

    shall appoint in writing a new assignee in term time or vacation.

    (c) As soon as the new assignee executes and files a bond as

    required by Sections 23.16(c) and (d) of this code, he shall take

    possession of the assigned estate and carry out the assignment.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.19. ASSIGNEE'S DUTY TO DISTRIBUTE ASSIGNED ESTATE. Each

    time an assignee has enough money to pay 10 percent of the

    assigning debtor's debts, he shall distribute the money among the

    creditors entitled to receive it in proportion to their claims

    allowed under Section 23.31(b) of this code.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.20. DISCOUNT OF CLAIM NOT DUE AND ALLOWANCE OF SECURED

    CLAIM. (a) The assignee may allow a claim which is not due at

    its present value by discounting it at the legal rate.

    (b) If a creditor holds collateral to secure his claim worth

    less than his claim, the assignee may estimate the value of the

    collateral and allow the creditor as a claim against the assigned

    estate only the difference between the value of the collateral

    and the amount of the claim.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.21. ASSIGNEE'S ENTITLEMENT TO COMPENSATION. An assignee

    is entitled to reasonable compensation for his services and

    reimbursement for his necessary expenses, including an attorney's

    fee, all of which shall be fixed by the county or district court

    who approved his bond. The compensation, expenses, and attorney's

    fee fixed by the county or district court shall be paid out of

    the assigned estate.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.22. EXAMINATION OF DEBTOR OR OTHER PERSON. (a) The

    court in which a proceeding involving an assigned estate has been

    filed may, after reasonable notice to each person concerned,

    compel any person to answer questions under oath on

    (1) application of a creditor of the assigning debtor; or

    (2) its own motion.

    (b) The court may compel attendance and an answer to any

    question concerning the assigned estate by writ or order as in

    other cases. Questions asked and answers given during the

    examination shall be in writing, the person examined shall swear

    to and sign his answers before the clerk, and the questions and

    answers shall be filed with the clerk for use by anyone

    interested in the proceeding.

    (c) The court shall charge the cost of the examination against

    the applicant or the assigned estate, as the court deems proper.

    (d) The assigning debtor may not be prosecuted or punished for

    an answer given by him during the examination.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.23. ASSIGNEE'S FINAL REPORT AND DISCHARGE. (a) An

    assignee wishing to be discharged from his appointment shall

    prepare and file for record with the county clerk of the county

    in which his assignment is recorded a sworn report describing

    (1) all property which came into his possession under the

    assignment; and

    (2) how and to whom he distributed the property.

    (b) The assignee shall also deposit in the registry of the court

    who approved his bond money belonging to the assigned estate

    still in his possession at the time he files his report under

    Subsection (a) of this section. The court shall distribute the

    money under this chapter to the consenting creditors and assignee

    and, in the case of surplus, to the nonconsenting creditors and

    assigning debtor.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.24. TIME LIMIT ON BRINGING ACTION AGAINST ASSIGNEE. An

    action against an assignee based on his conduct in carrying out

    the assignment, as shown in his report filed under Section

    23.23(a) of this code, must be brought within 12 months after the

    report is filed or the action is barred.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    SUBCHAPTER D. DUTIES AND RIGHTS OF CREDITORS

    Sec. 23.30. CREDITOR'S CONSENT TO ASSIGNMENT. (a) A creditor

    must inform the assignee in writing of his consent to the

    assignment within four months after the assignee gives the notice

    required by Section 23.17 of this code.

    (b) If a creditor is not given actual notice of an assignment,

    but subsequently learns of the assignment, he may consent to the

    assignment at any time before the first distribution of the

    assigned estate is begun.

    (c) Receipt by a creditor of payment for part of his claim from

    the assignee is conclusive evidence of the creditor's consent to

    the assignment.

    (d) If a creditor does not consent to an assignment, he is not

    entitled to receive any of the assigned estate under the

    assignment.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.31. CREDITOR'S PROOF AND ASSIGNEE'S ALLOWANCE OF CLAIM.

    (a) Within six months after the first publication of notice of

    appointment required by Section 23.17 of this code, a consenting

    creditor must file with the assignee a statement, sworn to by the

    creditor, his agent, or attorney,

    (1) describing the nature and amount of the creditor's claim

    against the assigning debtor; and

    (2) stating that

    (A) the claim is true;

    (B) the debt is just; and

    (C) all proper credits or offsets have been allowed against the

    claim.

    (b) The assignee shall allow a claim filed under Subsection (a)

    of this section against the assigned estate unless he has good

    reason to believe the claim is not just and true.

    (c) If a creditor does not file a statement in the time required

    by Subsection (a) of this section, he is not entitled to receive

    any of the assigned estate.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.32. CREDITOR'S SUIT ON DISPUTED CLAIM. (a) The

    assignee shall give any creditor a copy of any statement of claim

    filed under Section 23.31(a) of this code if the creditor

    requests a copy.

    (b) Within eight months after the first publication of notice

    required by Section 23.17 of this code, an assigning debtor or

    creditor may sue to

    (1) set aside an allowance made on a claim by the assignee; and

    (2) restrain payment of the claim by the assignee.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

    Sec. 23.33. NONCONSENTING CREDITOR'S RIGHT TO SURPLUS. If a

    creditor does not consent to an assignment, he may garnishee the

    assignee for the excess of the assigned estate remaining in the

    assignee's possession after the assignee has paid

    (1) each consenting creditor the amount of his claim allowed

    under Section 23.31(b) of this code; and

    (2) the expense of carrying out the assignment.

    Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

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