reglab/housing_qa huggingface dataset:
MT Code § 31-2-207 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-207. Certain rights not affected by preferences in assignment

  31-2-207. Certain rights not affected by preferences in assignment. No provision in an assignment giving a preference to a creditor can affect or impair any right of another creditor to priority of payment, whether created by law or arising from an obligation or transaction of the parties.   History: En. Sec. 4516, Civ. C. 1895; re-en. Sec. 6142, Rev. C. 1907; re-en. Sec. 8618, R.C.M. 1921; Field Civ. C. Sec. 1930; re-en. Sec. 8618, R.C.M. 1935; R.C.M. 1947, 18-307.
MT Code § 31-2-208 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-208. Joint and separate debts

  31-2-208. Joint and separate debts. Joint or joint and several debtors can prefer their joint creditors only out of joint property and can prefer the individual creditors of each only out of the separate property of each.   History: En. Sec. 4517, Civ. C. 1895; re-en. Sec. 6143, Rev. C. 1907; re-en. Sec. 8619, R.C.M. 1921; Field Civ. C. Sec. 1931; re-en. Sec. 8619, R.C.M. 1935; R.C.M. 1947, 18-308.
MT Code § 31-2-209 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-209. Assignment -- when void

  31-2-209. Assignment -- when void. An assignment for the benefit of creditors is void against any creditor of the assignor not assenting to the assignment in the following cases:   (1) if the assignment gives a preference dependent upon any condition or contingency or with any power of revocation reserved;   (2) if the assignment tends to coerce any creditor to release or compromise the creditor's demand;   (3) if the assignment provides for the payment of any claim known by the assignor to be false or fraudulent or for the payment of more upon any claim than is known to be justly due from the assignor;   (4) if the assignment reserves any interest in the assigned property or in any part of the property to the assignor or for the assignor's benefit before all existing debts are paid;   (5) if the assignment confers upon the assignee any power that, if exercised, might prevent or delay the immediate conversion of the assigned property to the purposes of the trust;   (6) if the assignment exempts the assignor from liability for neglect of duty or misconduct.   History: En. Sec. 4518, Civ. C. 1895; re-en. Sec. 6144, Rev. C. 1907; re-en. Sec. 8620, R.C.M. 1921; Cal. Civ. C. Sec. 3457; Based on Field Civ. C. Sec. 1932; re-en. Sec. 8620, R.C.M. 1935; R.C.M. 1947, 18-309; amd. Sec. 217, Ch. 685, L. 1989; amd. Sec. 990, Ch. 56, L. 2009; amd. Sec. 142, Ch. 264, L. 2013.
MT Code § 31-2-210 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-210. The instrument of assignment

  31-2-210. The instrument of assignment. (1) An assignment for the benefit of creditors must be in writing and subscribed by the assignor or by the assignor's agent authorized by writing.   (2) The assignment must be acknowledged or proved and certified in the mode prescribed by the law on recording transfers of real property and recorded as required by 31-2-215 and 31-2-216, but recording in one county constitutes a compliance with 31-2-215 and 31-2-216.   (3) The assignment must be accompanied by the affidavit of the assignor and assignee that the assignment is made in good faith, for the benefit of the creditors of the assignor, and without any design to hinder, delay, or defraud the creditors.   (4) The assent of the assignee, subscribed and acknowledged by the assignee, must appear in writing contained in or at the end of or endorsed upon the assignment before the assignment is recorded and, if separate from the assignment, must be duly acknowledged.   History: En. Sec. 4519, Civ. C. 1895; re-en. Sec. 6145, Rev. C. 1907; re-en. Sec. 8621, R.C.M. 1921; Cal. Civ. C. Sec. 3458; Based on Field Civ. C. Sec. 1933; re-en. Sec. 8621, R.C.M. 1935; R.C.M. 1947, 18-310; amd. Sec. 991, Ch. 56, L. 2009.
MT Code § 31-2-211 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-211. Compliance necessary to validity of assignment

  31-2-211. Compliance necessary to validity of assignment. Unless the provisions of 31-2-210 are complied with, an assignment for the benefit of creditors is void against every creditor of the assignor not assenting thereto.   History: En. Sec. 4520, Civ. C. 1895; re-en. Sec. 6146, Rev. C. 1907; re-en. Sec. 8622, R.C.M. 1921; Cal. Civ. C. Sec. 3459; Field Civ. C. Sec. 1934; re-en. Sec. 8622, R.C.M. 1935; R.C.M. 1947, 18-311.
MT Code § 31-2-212 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-212. Assignee takes subject to rights of third parties

  31-2-212. Assignee takes subject to rights of third parties. An assignee for the benefit of creditors is not to be regarded as a purchaser for value and has no greater rights than the assignor has in respect to things in action transferred by the assignment.   History: En. Sec. 4521, Civ. C. 1895; re-en. Sec. 6147, Rev. C. 1907; re-en. Sec. 8623, R.C.M. 1921; Cal. Civ. C. Sec. 3460; Field Civ. C. Sec. 1935; re-en. Sec. 8623, R.C.M. 1935; R.C.M. 1947, 18-312; amd. Sec. 992, Ch. 56, L. 2009.
MT Code § 31-2-213 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-213. Inventory required

  31-2-213. Inventory required. Within 20 days after an assignment is made for the benefit of creditors, the assignor must make and file, in the manner prescribed by 31-2-215, a full and true inventory showing:   (1) all the creditors of the assignor;   (2) the place of residence of each creditor, if known to the assignor, or if not known, that fact must be stated;   (3) the sum owing to each creditor and the nature of each debt or liability, whether arising on written security, account, or otherwise;   (4) the true consideration of the liability in each case and the place where it arose;   (5) every existing judgment, mortgage, or other security for the payment of any debt or liability of the assignor;   (6) all property of the assignor at the date of the assignment which is exempt by law from execution; and   (7) all of the assignor's property at the date of the assignment, both real and personal, of every kind, not so exempt; the encumbrances existing thereon; all vouchers and securities relating thereto; and the value of such property, according to the best knowledge of the assignor.   History: En. Sec. 4522, Civ. C. 1895; re-en. Sec. 6148, Rev. C. 1907; re-en. Sec. 8624, R.C.M. 1921; Cal. Civ. C. Sec. 3461; Field Civ. C. Sec. 1936; re-en. Sec. 8624, R.C.M. 1935; R.C.M. 1947, 18-313.
MT Code § 31-2-214 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-214. Verification of inventory -- when assignee required to file -- inspection of assignor's books and papers

  31-2-214. Verification of inventory -- when assignee required to file -- inspection of assignor's books and papers. (1) An affidavit must be made by every person executing an assignment for the benefit of creditors, to be annexed to and filed with the inventory mentioned in 31-2-213, to the effect that the affidavit is in all respects just and true according to the best of the assignor's knowledge and belief.   (2) (a) If the assignor omits, neglects, or refuses to make and deliver the inventory within the required 20 days, the assignee named in the assignment shall, within 30 days after the required date, cause to be made and delivered to the judge of the district court of the county where the assignment is recorded the inventory as described in subsection (1), insofar as the assignee can.   (b) For the purpose of subsection (2)(a), the judge shall, at any time upon the application of the assignee, compel by order the delinquent assignor and any other person to appear before the judge and disclose, upon oath, any knowledge or information the assignor or person may possess necessary to the proper making of the inventory.   (c) The assignee shall verify the inventory made by the assignee to the effect that the inventory is in all respects just and true to the best of the assignee's knowledge and belief.   (3) If the assignee is unable to make and file the inventory within 30 days, the district judge may, upon application upon oath showing the inability, allow the assignee further time as necessary, not exceeding 60 days.   (4) If the assignee fails to make and file the inventory within 30 days or the further time that may be allowed, the district judge shall require, by order, the assignee to appear before the judge and show cause why the assignee should not be removed. Any person interested in the trust estate may apply for the order and demand the removal.   (5) The books and papers of the delinquent assignor must at all times be subject to the inspection and examination of any creditor. The district judge is authorized by order to require the debtor or assignee to allow the inspection or examination. Disobedience to an inspection order is a contempt, and obedience to the order may be enforced by attachment.   (6) The inventory must be filed by the district judge in the office of the clerk of the county in which the assignment is recorded.   History: En. Sec. 4523, Civ. C. 1895; re-en. Sec. 6149, Rev. C. 1907; re-en. Sec. 8625, R.C.M. 1921; Cal. Civ. C. Sec. 3462; re-en. Sec. 8625, R.C.M. 1935; R.C.M. 1947, 18-314; amd. Sec. 993, Ch. 56, L. 2009.
MT Code § 31-2-215 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-215. Recording assignment and filing inventory

  31-2-215. Recording assignment and filing inventory. An assignment for the benefit of creditors must be recorded and the inventory required by 31-2-213 must be filed with the county clerk of the county in which the assignor resided at the date of the assignment or, if the assignor did not reside in this state at that time, with the clerk of the county in which the assignor's principal place of business was situated or, if the assignor did not have a residence or place of business in this state, with the clerk of the county in which the principal part of the assigned property was situated at the time of the assignment.   History: En. Sec. 4524, Civ. C. 1895; re-en. Sec. 6150, Rev. C. 1907; re-en. Sec. 8626, R.C.M. 1921; Cal. Civ. C. Sec. 3463; Based on Field Civ. C. Sec. 1938; re-en. Sec. 8626, R.C.M. 1935; R.C.M. 1947, 18-315; amd. Sec. 994, Ch. 56, L. 2009.
MT Code § 31-2-216 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-216. Recording and filing when more than one assignor

  31-2-216. Recording and filing when more than one assignor. If an assignment for the benefit of creditors is executed by more than one assignor, it must be recorded and a copy of the inventory required by 31-2-213 must be filed with the county clerk of the county in which any of the assignors resided at its date or in which any of them not then residing in this state then had a place of business.   History: En. Sec. 4525, Civ. C. 1895; re-en. Sec. 6151, Rev. C. 1907; re-en. Sec. 8627, R.C.M. 1921; Cal. Civ. C. Sec. 3464; Based on Field Civ. C. Sec. 1939; re-en. Sec. 8627, R.C.M. 1935; R.C.M. 1947, 18-316.
MT Code § 31-2-217 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-217. Effect of failing to record

  31-2-217. Effect of failing to record. An assignment for the benefit of creditors is void against creditors of the assignor and against purchasers and encumbrances in good faith and for value unless it is recorded within 20 days after the date of the assignment.   History: En. Sec. 4526, Civ. C. 1895; re-en. Sec. 6152, Rev. C. 1907; re-en. Sec. 8628, R.C.M. 1921; Cal. Civ. C. Sec. 3465; Based on Field Civ. C. Sec. 1940; re-en. Sec. 8628, R.C.M. 1935; R.C.M. 1947, 18-317.
MT Code § 31-2-218 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-218. Assignment of real property

  31-2-218. Assignment of real property. When an assignment for the benefit of creditors embraces real property, it is subject to the provisions of this part, 70-21-102, and Title 70, chapter 21, part 3.   History: En. Sec. 4527, Civ. C. 1895; re-en. Sec. 6153, Rev. C. 1907; re-en. Sec. 8629, R.C.M. 1921; Cal. Civ. C. Sec. 3466; Field Civ. C. Sec. 1941; re-en. Sec. 8629, R.C.M. 1935; amd. Sec. 1, Ch. 185, L. 1977; R.C.M. 1947, 18-318; amd. Sec. 4, Ch. 88, L. 1979.
MT Code § 31-2-219 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-219. Bond of assignees

  31-2-219. Bond of assignees. Within 30 days after the date of an assignment for the benefit of creditors, the assignee must enter into a bond to the state, for the use and benefit of the creditors, in such amount as may be fixed by a judge of the district court of the county in which the original inventory is filed, with sufficient sureties to be approved by such judge, and conditioned for the faithful discharge of the trust and the due accounting for all moneys received by the assignee, which bond must be filed in the same office with the original inventory.   History: En. Sec. 4528, Civ. C. 1895; re-en. Sec. 6154, Rev. C. 1907; re-en. Sec. 8630, R.C.M. 1921; Cal. Civ. C. Sec. 3467; Based on Field Civ. C. Sec. 1942; re-en. Sec. 8630, R.C.M. 1935; R.C.M. 1947, 18-319.
MT Code § 31-2-220 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-220. Management, disposal, and conversion of estate

  31-2-220. Management, disposal, and conversion of estate. (1) Until the inventory and affidavit required by 31-2-213 and 31-2-214 have been made and filed and the assignee has given bond as required by 31-2-219, the assignee for the benefit of creditors has no authority to dispose of the estate or convert it to the purposes of the trust.   (2) However, if the assignor fails to present the inventory within the required 20 days, then the assignee, before the 10 days have elapsed, may apply to the district judge by verified petition for leave to file a provisional bond until the time that the assignor may be able to present the inventory as provided in this section.   (3) The district judge shall, in the case described in 31-2-214, and may also at any time on the petition of one or more creditors showing misconduct or incompetency of the assignee or on petition of the assignee, showing sufficient reason, and after due notice of not less than 5 days to the assignor, assignee, surety, and other persons that the judge may prescribe:   (a) remove or discharge the assignee and appoint one or more assignees in the former assignee's place; and   (b) order an accounting of the assignee removed or discharged.   (4) The district judge may:   (a) enjoin the assignee from interfering with the assignor's estate and make provision by order for the safe custody of the estate; and   (b) enforce obedience to the injunction and orders by attachment.   (5) Upon discharge, upon the former assignee's application, the former assignee's bond must be canceled and discharged.   (6) The new assignee shall give a bond, which must be approved as required.   (7) The district judge has power by order to:   (a) require or allow any inventory or schedule filed to be corrected or amended;   (b) require and compel, from time to time, supplemental inventories or schedules to be made and filed within the time that the judge prescribes; and   (c) enforce obedience to the orders by attachment.   History: En. Sec. 4529, Civ. C. 1895; re-en. Sec. 6155, Rev. C. 1907; amd. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8631, R.C.M. 1921; Cal. Civ. C. Sec. 3468; re-en. Sec. 8631, R.C.M. 1935; R.C.M. 1947, 18-320; amd. Sec. 995, Ch. 56, L. 2009.
MT Code § 31-2-221 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-221. Notice to creditors to present claims

  31-2-221. Notice to creditors to present claims. (1) The judge may, upon the petition of the assignee, authorize the assignee to advertise for creditors to present to the assignee their claims, with the vouchers for the claims, duly verified, on or before a day to be specified in the advertisement, not less than 10 days from the publication. The advertisement or notice must be published in one newspaper, to be designated by the judge as most likely to give notice to the persons to be served, at least once and any additional times that the judge may direct. The last publication must be at least 1 week prior to the date specified.   (2) The verified claims of creditors must set forth whether any and, if so, what securities are held for the claims and whether any and, if so, what payments have been made on the claims.   History: En. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8632, R.C.M. 1921; re-en. Sec. 8632, R.C.M. 1935; R.C.M. 1947, 18-321; amd. Sec. 996, Ch. 56, L. 2009.
MT Code § 31-2-222 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-222. Notices to parties interested in the estate as creditors or otherwise

  31-2-222. Notices to parties interested in the estate as creditors or otherwise. (1) Parties interested in the estate as creditors or parties otherwise interested, if the judge so directs, shall have at least 10 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, in bulk;   (b) the filing of the final account of the assignee and of the hearing thereon;   (c) any proposed compromise with creditors.   (2) Such notice may be given as the judge shall direct and must be returnable in court, or before the judge of the court at chambers, in the district.   History: En. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8633, R.C.M. 1921; re-en. Sec. 8633, R.C.M. 1935; R.C.M. 1947, 18-322.
MT Code § 31-2-223 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-223. Duties of assignee

  31-2-223. Duties of assignee. It shall be the duty of the assignee to:   (1) collect and reduce to money the property of the estate and close up the estate as expeditiously as possible;   (2) sell the property of the estate as soon as practicable and sell the accounts and bills receivable when deemed advisable;   (3) furnish such information concerning the estate as may be requested by parties in interest;   (4) keep regular accounts and pay dividends as often as is compatible with the best interests of the estate;   (5) file a final report and account at least 10 days before the hearing thereon.   History: En. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8634, R.C.M. 1921; re-en. Sec. 8634, R.C.M. 1935; R.C.M. 1947, 18-323.
MT Code § 31-2-224 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-224. Power of court

  31-2-224. Power of court. The court has power to:   (1) authorize the business of the assignor to be conducted for a limited period by assignee, if necessary in the best interests of the estate, and allow additional compensation for the services;   (2) reopen estates when it appears they were closed before being fully administered and for that purpose to appoint another assignee who will take title to the property not administered;   (3) direct upon the final settlement of the estate that the assignee pay to the lawful creditors their proportionate dividend, notwithstanding that their claim has not been presented in accordance with the notice sent out by the assignee, provided that 4 months have not elapsed since the first publication of notice to creditors;   (4) approve the final report and discharge the assignee and the assignee's surety from all further liabilities upon matters included in the accounting to creditors appearing and to creditors not having appeared after due citation or not having presented their claims after due advertisement.   History: En. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8635, R.C.M. 1921; re-en. Sec. 8635, R.C.M. 1935; R.C.M. 1947, 18-324; amd. Sec. 5, Ch. 88, L. 1979; amd. Sec. 997, Ch. 56, L. 2009.
MT Code § 31-2-225 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-225. When further security required

  31-2-225. When further security required. The district judge may, upon the judge's own motion or upon the application of any party in interest and on notice that the judge may direct to be given to the assignor, assignee, and surety, require further security to be given whenever, in the judge's judgment, the security afforded by the bond on file is not adequate.   History: En. Sec. 4530, Civ. C. 1895; re-en. Sec. 6156, Rev. C. 1907; re-en. Sec. 8636, R.C.M. 1921; re-en. Sec. 8636, R.C.M. 1935; R.C.M. 1947, 18-325; amd. Sec. 998, Ch. 56, L. 2009.
MT Code § 31-2-226 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-226. Accounting of assignee

  31-2-226. Accounting of assignee. After 6 months from the date of an assignment for the benefit of creditors, the assignee may be required, on petition of any creditor, to make an accounting before the district court of the county where the accompanying inventory was filed.   History: En. Sec. 4531, Civ. C. 1895; re-en. Sec. 6157, Rev. C. 1907; re-en. Sec. 8637, R.C.M. 1921; Cal. Civ. C. Sec. 3469; Based on Field Civ. C. Sec. 1944; re-en. Sec. 8637, R.C.M. 1935; R.C.M. 1947, 18-326; amd. Sec. 6, Ch. 88, L. 1979.
MT Code § 31-2-227 (2021)
2021 Montana Code Annotated|Title 31. Credit Transactions and Relationships|Chapter 2. Debtor and Creditor Relationships|Part 2. Assignments for Benefit of Creditors|31-2-227. Property exempt

  31-2-227. Property exempt. Property exempt from execution and insurance upon the life of the assignor do not pass to the assignee by a general assignment for the benefit of creditors unless the instrument specially mentions them and declares an intention that they should pass thereby.   History: En. Sec. 4532, Civ. C. 1895; re-en. Sec. 6158, Rev. C. 1907; re-en. Sec. 8638, R.C.M. 1921; Cal. Civ. C. Sec. 3470; Field Civ. C. Sec. 1945; re-en. Sec. 8638, R.C.M. 1935; R.C.M. 1947, 18-327.