44-1033

44-1033. Filing of assignment; accompanying
inventory of property and indebtedness required; docketing of
assignment by clerk

A. The debtor shall forthwith file with the clerk of the superior court of the
county where the principal place of business of the debtor is located a copy of the
assignment, to which shall be annexed an inventory containing:

1. A true and full account of all the creditors of the debtor or debtors.

2. The place of residence of each creditor, if known to the debtor or debtors, and
if not known, such fact shall be stated.

3. The amount owing each creditor and the nature of each debt or demand, whether
arising on written security, account or otherwise.

4. The true cause of and consideration for each such indebtedness and the place
where the indebtedness arose.

5. Any judgment, mortgage, collateral or other security for the payment of the
debt.

6. A full and true inventory of all the debtor's property at the date of the
assignment, both real and personal, in law or equity, and all encumbrances thereon, and
of all vouchers and securities relating thereto, and the value of such property according
to the best knowledge of the debtor.

B. An affidavit shall be made by the debtor, and shall be annexed to and delivered
with the inventory or schedule, that the inventory or schedule is in all respects just
and true according to his best knowledge and belief.

C. No provision of this article shall affect the assignor's right to retain
property exempt from execution by the law of this state. The list and inventory shall
not be conclusive except as against the debtor making it.

D. The clerk shall docket the assignment as an action in probate. The
qualifications of assignees shall be those prescribed for administrators of estates.