reglab/housing_qa huggingface dataset:
AZ Rev Stat § 44-1031 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1031 - Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article

44-1031.  Effect of assignment for the benefit of creditors;  acknowledgment and recording;  invalidity of assignments not made in accordance with this article A. Every assignment made by an insolvent debtor,  or in contemplation of insolvency,  for the benefit of his creditors,  shall provide,  except as otherwise provided in this article,  for a distribution of all his real and personal property other than that which is by law exempt from execution,  among all his creditors in proportion to their respective claims. However the assignment is made or expressed,  it shall have such effect and shall be construed to pass all such property,  whether or not specified therein. B. Every assignment for the benefit of creditors shall be acknowledged and recorded in the manner provided by law for conveyances of real or other property. C. Assignments for the benefit of creditors under the common law are declared contrary to the public policy of the state and are abolished,  and all assignments for the benefit of creditors are void and of no force and effect unless made in accordance with the provisions of this article.
AZ Rev Stat § 44-1032 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1032 - Assignment for the benefit of consenting creditors; effect; execution of release by creditors

44-1032.  Assignment for the benefit of consenting creditors;  effect;  execution of release by creditors Any debtor desiring to do so may make an assignment for the benefit of such of his creditors only as will consent to accept their proportional share of his estate,  and discharge him from their respective claims. In such case the benefits of the assignment shall be limited and restricted to the creditors consenting thereto. The debtor shall thereupon be discharged from all further liability to the consenting creditors on account of their respective claims,  and when paid they shall execute and deliver to the assignee,  for the debtor,  a release therefrom.
AZ Rev Stat § 44-1033 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1033 - Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk

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.
AZ Rev Stat § 44-1034 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1034 - Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment

44-1034.  Recording of deed of assignment by assignee;  bond of assignee;  recording;  actions upon bond;  duty of assignee to execute assignment A. The assignee shall forthwith,  after execution and delivery of the deed of assignment,  record it as provided in this article,  and execute a bond with securities in an amount determined and approved by the judge of the superior court of the county where the assignment is recorded,  or if in more than one county,  then in the county where the principal place of business of the debtor is located,  conditioned that the assignee will faithfully discharge his duties as assignee,  and that he will make proportional distribution of the net proceeds of the property among the creditors entitled thereto. B. The bond shall be payable to the state of Arizona and shall be filed with the county recorder. It shall inure to the benefit of the assignor and the creditors,  who may maintain an action thereon,  in his or their own name,  jointly or severally,  for any breach thereof. C. Upon the filing of the bond the assignee shall take possession of the assigned property and execute the assignment.
AZ Rev Stat § 44-1035 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1035 - Notice of appointment of assignee; publication

44-1035.  Notice of appointment of assignee;  publication The assignee shall,  within thirty days after recording the assignment,  give public notice of his appointment in some newspaper printed in the county where the assignor resides or where his principal business was conducted,  and as far as possible,  the assignee shall also give personal notice or notice by mail to each of the creditors.
AZ Rev Stat § 44-1036 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1036 - Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy

44-1036.  Powers of court with respect to assignee;  removal of assignee;  appointment of assignee to fill vacancy A. The relationship of the court having jurisdiction of the insolvent estate and the assignee for the benefit of creditors shall be governed by the provisions which govern the relationship of a superior court and a receiver. The court shall have the same authority and jurisdiction as it has over a receiver appointed by the court. B. If an assignee becomes unsuitable or refuses or neglects to perform the trust,  or mismanages the property,  the superior court may,  upon application of the assignor or a creditor,  upon reasonable notice by publication or otherwise to all parties interested,  as the court directs,  remove the assignee. C. In case of removal of the assignee or vacancy in the office by death or otherwise the court shall appoint another in his place who shall have the same powers and be subject to the same liabilities as the original assignee.
AZ Rev Stat § 44-1037 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1037 - Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent

44-1037.  Notice by creditors of consent to assignment;  receipt by creditor of portion of claim as consent Creditors consenting to the assignment shall give the assignee written notice of consent within four months after publication of the notice required under section 44-1035,  and a creditor not assenting shall not receive or take any benefit under the assignment. A creditor who has no actual notice of the assignment may make known his assent any time before any distribution of assets is made under the assignment. Receipt by a creditor of any portion of his claim from the assignee is conclusive evidence of the assent of such creditor to the assignment.
AZ Rev Stat § 44-1038 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1038 - Filing of statement of claim by creditors

44-1038.  Filing of statement of claim by creditors Every creditor,  consenting to an assignment,  shall,  within six months from the time of the first publication of the notice of appointment of the assignee,  file with the assignee a distinct statement of the particular nature and amount of his claim against the debtor,  which shall be supported by an affidavit of the creditor,  his agent or attorney,  that the statement is true,  that the debt is just and that there are no credits or offsets that should be allowed against the claim,  except as shown by the statement. No creditor shall take any benefit under any assignment whatever who neglects to file this statement.
AZ Rev Stat § 44-1039 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1039 - Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors

44-1039.  Statement of claim by creditor as justification for payment by assignee;  action to dispute claim;  duty of assignee to permit creditor to inspect claims filed by other creditors A. The statement of a creditor,  verified and filed with the assignee as provided in section 44-1038,  shall justify the assignee in allowing the claim as a valid claim against the estate,  and it shall be so allowed. B. A creditor entitled to his proportional share of the debtor's property,  unless the assignor or other creditor disputing the claim shall,  within sixty days after expiration of the time within which creditors are required to file their statements,  commence an action in the superior court of the proper county to set aside the allowance and to restrain payment thereon. If it appears in such action that the claim or the disputed part thereof is not lawfully due,  the claim shall be disallowed in whole or in part,  and the assignee shall be restrained from paying the claim or any portion disallowed. C. The assignee shall permit any creditor to take a copy of any other creditor's statement of claim filed with the assignee.
AZ Rev Stat § 44-1040 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1040 - Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor

44-1040.  Discount of claims allowed but not due;  amount payable on claim secured by collateral in possession of creditor Claims not due may be allowed at their present value by discounting them at the rate of interest mentioned in the contract,  if any,  otherwise at the legal rate. If any creditor holds collateral or security of less value than his debt,  the value thereof may be estimated by the assignee and only the difference between such value and the amount of the debt shall be allowed.
AZ Rev Stat § 44-1041 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1041 - Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser

44-1041.  Right of assignee to property fraudulently conveyed by assignor;  action by assignee or creditor to recover property fraudulently conveyed;  non-recovery from bona fide purchaser All property conveyed or transferred by the assignor previous to and in contemplation of the assignment with the intent or design to defeat,  delay or defraud creditors,  or to give preference to one creditor over another,  shall pass to the assignee by the assignment notwithstanding the transfer. The assignee,  or in case of his neglect or refusal any creditor may,  upon securing the assignee against cost or liability,  in the name of the assignee,  sue for,  recover,  collect and cause such property to be applied for the benefit of creditors as other property belonging to the debtor's estate in the hands of the assignee. If it appears in such action that the purchaser of such property bought it from the assignor in good faith for a valuable consideration and without reason to believe that the debtor was conveying or transferring the property with intent or design as set forth in this section,  the purchaser shall be held to have acquired,  as against the assignee and creditors,  a good and valid title to the property.
AZ Rev Stat § 44-1042 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1042 - Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor

44-1042.  Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor;  examination of assignor by court upon application of assignee or creditor A. No assignment shall be declared fraudulent or void for lack of an inventory or list as required under the provisions of this article,  but if such list and inventory are not annexed and verified as provided in section 44-1033,  it is prima facie evidence that the assignor has secreted and concealed some portion of his property from his assignee,  unless,  upon the demand of the assignee or a creditor,  the verified inventory and list are furnished to the assignee. B. If an assignee or creditor has reason to believe that a debtor has concealed any of his property or estate for the purpose of defrauding creditors,  the superior court shall,  upon application of the assignee or creditor,  cause the debtor to appear before it and disclose under oath any knowledge or information he has of such concealment.
AZ Rev Stat § 44-1043 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1043 - Attempted preference of creditor void

44-1043.  Attempted preference of creditor void Any attempted preference,  in the assignment,  of one creditor or creditors of the assignor,  is fraudulent and without effect.
AZ Rev Stat § 44-1044 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1044 - Garnishment of assignee by nonconsenting creditor

44-1044.  Garnishment of assignee by nonconsenting creditor A creditor,  not consenting to the assignment,  may proceed by garnishment against the assignee for the excess of property remaining in his hands after payment to consenting creditors the amount of their debts and the costs and expenses of the assignment.
AZ Rev Stat § 44-1045 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1045 - Distribution to creditors; compensation and expenses allowed assignee

44-1045.  Distribution to creditors;  compensation and expenses allowed assignee A. When an assignee has in his possession funds of the estate of the assignor in an amount sufficient to pay ten per cent of the indebtedness of the assignor,  he shall make a pro rata distribution of the funds among the creditors. B. The assignee shall receive reasonable compensation for his services and the necessary costs and expenses,  including attorney's fees,  of administering the assigned estate,  to be allowed by the superior court.
AZ Rev Stat § 44-1046 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1046 - Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement

44-1046.  Final report by assignee;  hearing;  discharge of assignee;  disposition of funds in estate at final settlement A. When the assignee has fully performed the duties of his trust and desires to be finally discharged therefrom,  he shall make a report of his proceedings under the assignment. The report shall be under oath and shall set forth the money and assets which came into his possession,  and how such assets were disbursed and disposed of. The assignee shall file the report in the office of the clerk of the superior court having jurisdiction of the insolvent estate. B. A hearing shall be held on the report after notice to each known creditor,  which shall be mailed at least ten days before the hearing. Approval of the report by the court shall be conclusive in favor of the assignee to the same extent as approval of a report in the case of any other trust. C. When the trust is fully executed,  the assignee may be discharged. Any monies or funds of the insolvent estate in the possession of the assignee at final settlement shall be deposited in the superior court subject to the judgment of the court.
AZ Rev Stat § 44-1047 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1047 - Fraudulent transactions by assignor; classification

44-1047.  Fraudulent transactions by assignor;  classification A. A person who makes an assignment for the benefit of creditors is guilty of a crime punishable as prescribed in subsection B,  if he: 1. Secretes or conceals any property belonging to his estate,  or parts with,  conceals,  destroys,  alters,  mutilates or falsifies a book,  document or writing relating to such property or estate,  or removes such property,  book,  document or writing,  with intent to prevent it or any part thereof from coming into possession of the assignee or to hinder,  impede or delay the assignee in recovering or receiving such property or book,  document or writing. 2. Makes any payment,  gift,  sale,  assignment,  transfer or conveyance of any property belonging to his estate with intent to prevent it from coming into possession of the assignee or to hinder,  impede or delay the assignee in recovering or receiving such property. 3. Spends any property belonging to his estate in gaming. 4. Knowingly and with the intent to defraud omits from his schedule any property or effects. 5. Has knowledge or belief of a false or fictitious debt proved against his estate and fails to disclose such knowledge or belief to his assignee within one month after acquiring such knowledge or belief. 6. Attempts by fictitious losses or expenses to account for any property belonging to his estate. 7. Within three months before making the assignment for the benefit of creditors,  under the false pretense of carrying on business and dealing in the ordinary course of trade,  obtains on credit,  with intent to defraud,  goods or chattels from any person. 8. Within three months before making the assignment for the benefit of creditors,  with intent to defraud his creditors,  pawns,  pledges or disposes of,  otherwise than by ordinary transactions in due course of business,  any goods or chattels obtained on credit and which are unpaid for. 9. Previous to and in contemplation of making an assignment for the benefit of creditors,  transfers any property with intent or design to defraud creditors. B. A person violating any provision of subsection A is guilty of a class 6 felony.
AZ Rev Stat § 44-1061 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1061 - Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers

44-1061.  Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers A. A sale made by a vendor of goods and chattels in his possession or under his control,  or an assignment of goods and chattels,  unless the sale or assignment is accompanied by an immediate delivery and followed by an actual and continued change of possession of the things sold or assigned,  is prima facie evidence of fraud against creditors of the vendor,  or creditors of the person making the assignment,  or subsequent purchasers in good faith. B. The term " creditors"  includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels are in his possession or under his control.
AZ Rev Stat § 44-1201 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1201 - Rate of interest for loan or indebtedness; interest on judgments

44-1201.  Rate of interest for loan or indebtedness;  interest on judgments A. Interest on any loan,  indebtedness or other obligation shall be at the rate of ten per cent per annum,  unless a different rate is contracted for in writing,  in which event any rate of interest may be agreed to. Interest on any judgment that is based on a written agreement evidencing a loan,  indebtedness or obligation that bears a rate of interest not in excess of the maximum permitted by law shall be at the rate of interest provided in the agreement and shall be specified in the judgment. B. Unless specifically provided for in statute or a different rate is contracted for in writing,  interest on any judgment shall be at the lesser of ten per cent per annum or at a rate per annum that is equal to one per cent plus the prime rate as published by the board of governors of the federal reserve system in statistical release H.15 or any publication that may supersede it on the date that the judgment is entered. The judgment shall state the applicable interest rate and it shall not change after it is entered. C. Interest on a judgment on a condemnation proceeding,  including interest that is payable pursuant to section 12-1123,  subsection B,  shall be payable as follows: 1. If instituted by a city or town,  at the rate prescribed by section 9-409. 2. If instituted by a county,  at the rate prescribed by section 11-269.04. 3. If instituted by the department of transportation,  at the rate prescribed by section 28-7101. 4. If instituted by a county flood control district,  a power district or an agricultural improvement district,  at the rate prescribed by section 48-3628. D. A court shall not award either of the following: 1. Prejudgment interest for any unliquidated,  future,  punitive or exemplary damages that are found by the trier of fact. 2. Interest for any future,  punitive or exemplary damages that are found by the trier of fact. E. For the purposes of subsection D of this section,  " future damages"  means damages that will be incurred after the date of the judgment and includes the costs of any injunctive or equitable relief that will be provided after the date of the judgment. F. If awarded,  prejudgment interest shall be at the rate described in subsection A or B of this section.
AZ Rev Stat § 44-1202 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1202 - Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract

44-1202.  Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract A person shall not directly or indirectly take or receive in money,  goods or things in action,  or in any other way,  any greater sum or any greater value for the loan or forbearance of any money,  goods or things in action,  than the maximum permitted by law. Any person,  contracting for,  reserving or receiving,  directly or indirectly,  any greater sum of value shall,  forfeit all interest.
AZ Rev Stat § 44-1203 (2021)
2021 Arizona Revised Statutes|Title 44 - Trade and Commerce|§ 44-1203 - Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal

44-1203.  Application to principal of payments made upon interest contracted in excess of the maximum permitted by law;  judgment in action to recover obligation involving usurious interest limited to amount due on principal Where a rate of interest greater than the maximum permitted by law is contracted for,  reserved or received,  directly or indirectly,  all payments of money or property made on account of such interest,  or as inducements to contract for more than the maximum permitted by law,  whether made in advance or not,  shall be deemed payments made on account of the principal. In an action brought to recover the amount of the obligation the court shall give judgment for no greater amount than the balance determined to be due upon the principal,  without interest,  after deducting such payments.