reglab/housing_qa huggingface dataset:
UT Code § 6-1-11 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 11 - Court to supervise administration.

6-1-11. Court to supervise administration.  The assignee shall at all times be subject to the order and supervision of the court or judge and from time to time may be compelled, by citation or attachment, to file reports of his proceedings and of the situation and condition of the trust, and to proceed in the execution of the duties required by this title.  No Change Since 1953
UT Code § 6-1-12 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 12 - Time for disposing of property.

6-1-12. Time for disposing of property.  The assignee shall dispose of all personal property and divide the proceeds of the same among the creditors as they may be entitled thereto within six months from the date of the assignment, unless further time is given for good cause by the court, and shall dispose of real estate within one year from such date, and make full settlement by that time, unless the court or judge, for good reason shown, shall extend the time therefor.  No Change Since 1953
UT Code § 6-1-13 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 13 - Failure to file inventory -- Examination of debtor.

6-1-13. Failure to file inventory -- Examination of debtor.  No assignment shall be declared fraudulent or void for want of any list or inventory as provided in this title. The court or judge may, upon application of the assignee or any creditor, compel the appearance in person of the debtor before such court or judge, forthwith or at the next term, to answer under oath such matters as may be inquired of him, and such debtor may be fully examined under oath as to the amount and situation of his estate, and the names of the creditors and amounts due to each with their places of residence, and may be compelled to deliver to the assignee any property or estate embraced in the assignment.  No Change Since 1953
UT Code § 6-1-14 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 14 - Subsequent inventory -- Additional bond.

6-1-14. Subsequent inventory -- Additional bond.  The assignee shall from time to time file with the clerk of the court an inventory and valuation of any additional property which may come into his hands under the assignment after the filing of the first inventory, and the clerk or the judge of the court may thereupon require him to give additional security.  No Change Since 1953
UT Code § 6-1-15 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 15 - Debts not matured -- Delay in filing claims.

6-1-15. Debts not matured -- Delay in filing claims.  Any creditor may claim debts to become due as well as debts due, but on debts not due a reasonable rebate shall be made when the same are not drawing interest. Creditors who do not file their claims within three months from the publication of notice as aforesaid may not participate in dividends until after payment in full of all claims presented within said time and allowed by the court, unless the court has extended the time for filing such claims.  Amended by Chapter 378, 2010 General Session
UT Code § 6-1-16 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 16 - Sales -- Confirmation.

6-1-16. Sales -- Confirmation.  The assignee may dispose of and sell all the estate assigned, real and personal, which the debtor had at the time of the assignment, may sue for and recover in his own name everything belonging or appertaining to said estate, and generally do whatever the debtor might have done in the premises; but no sale of real estate belonging to said trust shall be made without notice published as in case of sales of real estate on execution, unless the court or judge shall otherwise order, and no such sales shall be valid until approved by the court or judge.  No Change Since 1953
UT Code § 6-1-17 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 17 - Removal of assignee.

6-1-17. Removal of assignee.  Upon a written application of a majority of the creditors in amount the court shall remove the assignee and appoint in his stead a person approved by the creditors in the same number and amount, and the person so removed shall immediately turn over to the clerk of the court, or any person appointed by the court, all money and property of the estate in his hands.  No Change Since 1953
UT Code § 6-1-18 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 18 - Death or neglect of assignee.

6-1-18. Death or neglect of assignee.  If an assignee dies before the closing of his trust, or shall fail or neglect for the period of 20 days after making of any assignment to file an inventory and valuation and give bond as required in this title, the district court or any judge thereof of the county where such assignment may be recorded, on the application of any person interested, shall appoint some person to execute the trust, who shall on giving bond have all the powers of the assignee first appointed and be subject to all the duties hereby imposed. If it is shown to the court at any time that an assignee is guilty of wasting or misapplying the trust fund, he may be removed, and a successor appointed in the same manner.  No Change Since 1953
UT Code § 6-1-19 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 19 - Compensation of assignee.

6-1-19. Compensation of assignee.  In the absence of any provision in the assignment to the contrary an assignee for the benefit of creditors is entitled to the same commissions as are allowed by law to executors and administrators as compensation in full for all services.  No Change Since 1953
UT Code § 6-1-20 (2021)
2021 Utah Code|Title 6 - Assignment for Benefit of Creditors|Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors|Section 20 - Right to prefer creditor.

6-1-20. Right to prefer creditor.  Nothing in this title contained shall affect the power of a person, although insolvent, residing either within or without this state, to transfer property in this state in good faith to a particular creditor for the purpose of paying or securing the whole or a part of a debt owing to such creditor; provided, that 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.  No Change Since 1953
UT Code § 7-2-2 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 2 - Jurisdiction of district court -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.

 Effective 5/13/2014  7-2-2. Jurisdiction of district court -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.    (1) The district court for the county in which the principal office of the institution or other person is situated has jurisdiction in the liquidation or reorganization of the institution or other person of which the commissioner has taken possession under this chapter or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. As used in this chapter, "court" means the court given jurisdiction by this provision.     (2) Before taking possession of an institution or other person under his jurisdiction, or within a reasonable time after taking possession of an institution or other person without court order, as provided in this chapter, the commissioner shall cause to be commenced in the appropriate district court, an action to provide the court supervisory jurisdiction to review the actions of the commissioner.     (3) The actions of the commissioner are subject to review of the court. The court has jurisdiction to hear all objections to the actions of the commissioner and may rule upon all motions and actions coming before it. Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by him is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action.     (4) The authority of the commissioner under this chapter is of an administrative and not judicial receivership. The court may not overrule a determination or decision of the commissioner if it is not arbitrary, capricious, fraudulent, or contrary to law. If the court overrules an action of the commissioner, the matter shall be remanded to the commissioner for a new determination by him, and the new determination shall be subject to court review.    Amended by Chapter 189, 2014 General Session
UT Code § 7-2-3 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 3 - Action for injunction against commissioner in possession -- Procedure -- Appeal.

7-2-3. Action for injunction against commissioner in possession -- Procedure -- Appeal.    (1)   (a) Whenever any institution or other person of which the commissioner has taken possession considers itself aggrieved by the taking, it may within 10 days after the taking apply to the court to enjoin further proceedings.     (b) After ordering the commissioner to show cause why further proceedings should not be enjoined and after hearing the allegations and proofs of the parties and determining the facts, the court may:   (i) dismiss the application; or     (ii) enjoin the commissioner from further proceedings if the court finds the taking to be arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.       (c) If the court enjoins further proceedings, it shall order the commissioner to surrender possession of the institution in a manner and on terms designated by the court in the public interest.     (d) Notice of any hearings shall be given to persons designated by the court in the manner designated by the court.       (2) An appeal may be taken by the commissioner, a receiver, or liquidator appointed by the commissioner under Section 7-2-9, or by the institution from the judgment of the court as provided by law. An appeal from the judgment does not stay any judgment in favor of the commissioner, or a receiver or liquidator appointed by him. If the appeal is taken by the commissioner, or by a receiver or liquidator appointed by him, no bond is required. If the appeal is taken by the institution, a bond is required as provided by the Utah Rules of Civil Procedure.    Amended by Chapter 200, 1994 General Session
UT Code § 7-2-4 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 4 - Consent required for institution to resume business.

7-2-4. Consent required for institution to resume business.  The institution or other person may resume business only with the consent of and upon conditions approved by the commissioner. The commissioner may give his consent to resumption of business if arrangements have been made by the institution or its stockholders, by reorganization or otherwise, to the satisfaction of the commissioner, to pay all creditors of the institution, aside from the stockholders, and to remedy the default or condition for which possession was taken and to pay the expenses of the proceeding.  Amended by Chapter 8, 1983 General Session
UT Code § 7-2-5 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 5 - Appointment of receiver or assignment for creditors -- Notice required -- Commissioner taking possession.

7-2-5. Appointment of receiver or assignment for creditors -- Notice required -- Commissioner taking possession.  No receiver may be appointed by any court and no deed or assignment for the benefit of creditors may be filed in any district court within this state for any institution or other person under the jurisdiction of the commissioner, except upon notice to the commissioner, unless because of urgent necessity the court determines that it is necessary to do so to preserve the assets of the institution. The commissioner may within five days after service of the notice upon him take possession of the institution, in which case no further proceedings shall be had upon the application for the appointment of a receiver or under the deed of assignment, or, if a receiver has been appointed or the assignee has entered upon the administration of his trust, the appointment shall be vacated or the assignee shall be removed upon application of the commissioner to the court by which the receiver was appointed or in which the assignment was filed, and the commissioner shall proceed to administer the assets of the institution as provided in this chapter.  Amended by Chapter 8, 1983 General Session
UT Code § 7-2-8 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 8 - Special deputies or agents -- Appointment -- Bond.

7-2-8. Special deputies or agents -- Appointment -- Bond.  The commissioner may appoint one or more special deputies or agents to assist him in the proceedings. The commissioner may fix the compensation of any agent appointed to assist him. The commissioner may require from agents security for the faithful discharge of their duties. All bonds given under this section shall be deposited with the commissioner and kept in his office.  Enacted by Chapter 8, 1983 General Session
UT Code § 7-2-10 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 10 - Inventory of assets -- Listings of claims -- Report of proceedings -- Filing -- Inspection.

7-2-10. Inventory of assets -- Listings of claims -- Report of proceedings -- Filing -- Inspection.  As soon as is practical after taking possession of an institution the commissioner, or any receiver or liquidator appointed by him, shall make or cause to be made in duplicate an inventory of its assets, one copy to be filed in his office and one with the clerk of the district court. Upon the expiration of the time fixed for presentation of claims the commissioner, or any receiver or liquidator appointed by him, shall make in duplicate a full and complete list of the claims presented, including and specifying claims disallowed by him, of which one copy shall be filed in his office and one copy in the office of the clerk of the district court. The commissioner, or any receiver or liquidator appointed by him, shall in like manner make and file supplemental lists showing all claims presented after the filing of the first list. The supplemental lists shall be filed every six months and at least 15 days before the declaration of any dividend. At the time of the order for final distribution the commissioner, or any receiver or liquidator appointed by him, shall make a report in duplicate of the proceeding, showing the disposition of the assets and liabilities of the institution, one copy to be filed in his office and one with the clerk of the district court. The accounting, inventory, and lists of claims shall be open at all reasonable times for inspection. Any objection to any report or accounting shall be filed with the clerk of the district court within 30 days after the report of accounting has been filed by the commissioner, or any receiver or liquidator appointed by him, and shall be subject to judicial review only as provided in Section 7-2-9.  Amended by Chapter 378, 2010 General Session
UT Code § 7-2-11 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 11 - Special counsel -- Employment by attorney general.

7-2-11. Special counsel -- Employment by attorney general.  Upon taking possession of any institution or other person subject to the jurisdiction of the department, the commissioner may request the attorney general to employ special counsel on his behalf to assist and advise him in connection with a liquidation or reorganization proceeding and the prosecution or defense of any action or proceeding connected with it.  Enacted by Chapter 8, 1983 General Session
UT Code § 7-2-13 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 13 - Collections in liquidation -- Deposit -- Preference.

7-2-13. Collections in liquidation -- Deposit -- Preference.  The money collected in process of a liquidation by the commissioner shall be from time to time deposited, subject to his order as herein provided, in one or more federally insured depository institutions organized under the laws of this state. In case of the suspension or insolvency of the depository institution, these deposits shall be preferred before all other deposits.  Enacted by Chapter 16, 1981 General Session
UT Code § 7-2-14 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 14 - Expenses during possession.

7-2-14. Expenses during possession.  The expenses reimbursable to the commissioner during possession or in the course of proceedings under this chapter include the compensation of deputies, agents, clerks, and examiners employed by him and reasonable fees for counsel, accountants or consultants employed by him or on his behalf. The compensation shall be fixed by the commissioner subject to the approval of the court. The expenses of the proceedings shall be paid out of the property of the institution in the hands of the commissioner, shall be a valid charge against that property, and shall be paid first in order of priority. No expenses may be paid out of the property of the institution until an account of the expense has been filed with and approved by the court.  Amended by Chapter 8, 1983 General Session
UT Code § 7-2-16 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 16 - Interim ratable dividends.

7-2-16. Interim ratable dividends.  At any time after the expiration of the date fixed for the presentation of claims and prior to the declaration of a final dividend the commissioner may, out of the funds remaining in his hands after the payment of expenses, declare and pay, subject to their priorities established under Section 7-2-15, one or more interim ratable dividends to any person and in the amount and upon such notice as the court directs.  Amended by Chapter 267, 1989 General Session
UT Code § 7-2-17 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 17 - Disposition of records after liquidation.

7-2-17. Disposition of records after liquidation.  After liquidation of an institution under this chapter, the commissioner shall dispose of its books, papers, and records in accordance with the order of the court.  Enacted by Chapter 16, 1981 General Session
UT Code § 7-2-18 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 18 - Plan for reorganization or liquidation of institution -- Hearing -- Procedure -- Effect -- Appeals.

7-2-18. Plan for reorganization or liquidation of institution -- Hearing -- Procedure -- Effect -- Appeals.    (1) If the commissioner has taken possession of any institution or other person under the jurisdiction of the department he may propose to the court a plan for the reorganization or liquidation of the institution or the establishment of a new institution by filing a petition with the court, setting forth the details of the plan and requesting the court to set a day for hearing on the petition.     (2) The court shall make an order fixing a day for the hearing of the petition, prescribing the manner in which notice of the hearing is given, and may prescribe a deadline for filing written objections. The court may adjourn the hearing from time to time and no further notice is required. At the time of hearing or any adjournment of a hearing the court shall take testimony, and if it appears that it is in the best interests of the depositors and other creditors, the court shall approve the plan.     (3) A plan of reorganization or liquidation approved by the court shall be fully binding upon and constitute a final adjudication of all claims, rights, and interests of all depositors, creditors, shareholders, and members of the institution being reorganized or liquidated, and all other parties in interest with regard to the plan and with regard to any institution or other person receiving any assets or assuming any liabilities under the plan.     (4) Notice of an appeal of an order approving a plan of reorganization or liquidation shall be filed within 10 days after the date of entry of the order appealed from.    Amended by Chapter 1, 1986 Special Session 4Amended by Chapter 1, 1986 Special Session 4
UT Code § 7-2-19 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 2 - Possession of Depository Institution by Commissioner|Section 19 - Suspension of payments by institution -- Order of commissioner -- Approval of governor -- Period effective -- Exempt payments -- Operation during suspension -- Modification of orders -- Adoption of rules and regulations.

7-2-19. Suspension of payments by institution -- Order of commissioner -- Approval of governor -- Period effective -- Exempt payments -- Operation during suspension -- Modification of orders -- Adoption of rules and regulations.    (1) The commissioner, whenever in his opinion the action is necessary in the public interest, may, if the governor approves, order such institutions as are subject to his supervision to suspend the payment in any manner of their respective liabilities to their depositors and other creditors, except as hereinafter provided.     (2) The order shall become effective upon notice, and shall continue in full force and effect until rescinded or modified by him. No such order shall be issued for an initial period of more than 60 days, but any such order may, if the governor approves, be extended from time to time for further periods not exceeding 60 days each.     (3) Nothing contained in this chapter shall affect the right of the institutions to pay current operating expenses and other liabilities incurred during a period of suspension.     (4) Whenever in the opinion of the commissioner conditions warrant such action, he may, if the governor approves, authorize the issuance of clearing house certificates, post notes or other evidences of indebtedness, either during a period of suspension, or during such longer period as he may prescribe, and during a period of suspension, he may permit the suspended institution to receive deposits and may authorize any such institution to pay any part of its liabilities, or of any class thereof, payment of which has been suspended.     (5) He may, if the governor approves, at any time, by order, modify or rescind any or all previous orders made by him under authority of this chapter.     (6) The commissioner may, if the governor approves, prescribe such rules and regulations as he considers necessary in order to carry out the provisions of this chapter, and an order may be issued on such terms and conditions as may be incorporated in the order.    Enacted by Chapter 16, 1981 General Session