State Codes and Statutes

Statutes > New-york > Dcd > Article-2 > 12

§  12.  Notices  to  parties  interested in the estate as creditors or  otherwise. Parties interested in the estate  as  creditors,  or  parties  otherwise  interested,  if the judge so directs, shall have at least ten  days' notice by mail to their respective addresses as they appear in the  schedule filed by the assignor, or at such other addresses as they shall  have filed with the assignee, of (a) all proposed sales of property, (b)  the declaration and time of payment of dividends, (c) the filing of  the  interim  account and the filing of the final account of the assignee and  of the hearing thereon, (d) the proposed compromise of any  controversy.  Such  notice  may  be  published  as  the judge shall direct and must be  returnable in court.    The judge may cause such notices  to  be  sent  or  published  on  the  petition  of  the  assignee  at  any  time  after  the assignment, or on  petition of any other person interested in the estate, at any time after  the lapse of sixty days from the filing of such assignment, or where  an  assignee  has  been  removed  and  ordered  to  account  as hereinbefore  provided on the petition of a creditor,  or  an  assignee's  surety,  or  assignor,  and  on  good cause being shown, the judge may grant an order  directing the assignee to show cause at the time specified why a sale of  the property should not be had or a dividend should not be  paid,  or  a  settlement of his account should not be had, or such other matters as in  the opinion of the judge should be disposed of.    Upon  the  hearing  and  determination of such order to show cause the  judge may make such order in the premises as justice requires.    Whenever the assignee has filed his final account the judge shall  fix  a  date for the final hearing to consider the judicial settlement of the  account, which date shall not be less than fifteen  days  following  the  filing  of  the  account  and notices shall be given to the creditors as  provided in this section.

State Codes and Statutes

Statutes > New-york > Dcd > Article-2 > 12

§  12.  Notices  to  parties  interested in the estate as creditors or  otherwise. Parties interested in the estate  as  creditors,  or  parties  otherwise  interested,  if the judge so directs, shall have at least ten  days' notice by mail to their respective addresses as they appear in the  schedule filed by the assignor, or at such other addresses as they shall  have filed with the assignee, of (a) all proposed sales of property, (b)  the declaration and time of payment of dividends, (c) the filing of  the  interim  account and the filing of the final account of the assignee and  of the hearing thereon, (d) the proposed compromise of any  controversy.  Such  notice  may  be  published  as  the judge shall direct and must be  returnable in court.    The judge may cause such notices  to  be  sent  or  published  on  the  petition  of  the  assignee  at  any  time  after  the assignment, or on  petition of any other person interested in the estate, at any time after  the lapse of sixty days from the filing of such assignment, or where  an  assignee  has  been  removed  and  ordered  to  account  as hereinbefore  provided on the petition of a creditor,  or  an  assignee's  surety,  or  assignor,  and  on  good cause being shown, the judge may grant an order  directing the assignee to show cause at the time specified why a sale of  the property should not be had or a dividend should not be  paid,  or  a  settlement of his account should not be had, or such other matters as in  the opinion of the judge should be disposed of.    Upon  the  hearing  and  determination of such order to show cause the  judge may make such order in the premises as justice requires.    Whenever the assignee has filed his final account the judge shall  fix  a  date for the final hearing to consider the judicial settlement of the  account, which date shall not be less than fifteen  days  following  the  filing  of  the  account  and notices shall be given to the creditors as  provided in this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dcd > Article-2 > 12

§  12.  Notices  to  parties  interested in the estate as creditors or  otherwise. Parties interested in the estate  as  creditors,  or  parties  otherwise  interested,  if the judge so directs, shall have at least ten  days' notice by mail to their respective addresses as they appear in the  schedule filed by the assignor, or at such other addresses as they shall  have filed with the assignee, of (a) all proposed sales of property, (b)  the declaration and time of payment of dividends, (c) the filing of  the  interim  account and the filing of the final account of the assignee and  of the hearing thereon, (d) the proposed compromise of any  controversy.  Such  notice  may  be  published  as  the judge shall direct and must be  returnable in court.    The judge may cause such notices  to  be  sent  or  published  on  the  petition  of  the  assignee  at  any  time  after  the assignment, or on  petition of any other person interested in the estate, at any time after  the lapse of sixty days from the filing of such assignment, or where  an  assignee  has  been  removed  and  ordered  to  account  as hereinbefore  provided on the petition of a creditor,  or  an  assignee's  surety,  or  assignor,  and  on  good cause being shown, the judge may grant an order  directing the assignee to show cause at the time specified why a sale of  the property should not be had or a dividend should not be  paid,  or  a  settlement of his account should not be had, or such other matters as in  the opinion of the judge should be disposed of.    Upon  the  hearing  and  determination of such order to show cause the  judge may make such order in the premises as justice requires.    Whenever the assignee has filed his final account the judge shall  fix  a  date for the final hearing to consider the judicial settlement of the  account, which date shall not be less than fifteen  days  following  the  filing  of  the  account  and notices shall be given to the creditors as  provided in this section.