reglab/housing_qa huggingface dataset:
CO Code § 6-10-117 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-117. Assignee Appointed by Court - When

 If the assignee named in the deed fails or neglects to file an inventory and valuation and give bond for the period of ten days after the making of any assignment, or if he dies before the closing of his trust, or is removed from the execution of the trust, the court upon the application of any person interested may appoint an assignee to execute such trust. Such appointee, when he has qualified as provided in this article, shall have all the rights, powers, and authority and be subject to the same restrictions and obligations as an original assignee.   History. Source: L. 1897: P. 98, § 14. R.S. 08: § 190. C.L. § 6257. CSA: C. 12, § 17. CRS 53: § 11-1-17 . C.R.S. 1963: § 11-1-17 .    ANNOTATION   An assignment does not by the refusal of the assignee to qualify fail to take effect or to vest the title to the property in trust in the assignee, placing that property and title within the jurisdiction of the state court to be administered by its subsequent appointee. Moore v. Yampa Mercantile Co., 287 F. 629 (8th Cir. 1923).
CO Code § 6-10-118 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-118. Removal of Assignee by Court

 The court may remove the assignee for neglect in the execution of the trust, for fraud, for misapplying the trust, or wasting the estate, for failure to comply with the provisions of this article, or to obey the orders of, or to submit to the supervision of the court, or for any other good cause shown. The assignee may also be removed upon the petition of the majority in number and value of the creditors, unless the court is satisfied that such removal would not be for the best interest of the trust estate.   History. Source: L. 1897: P. 98, § 15. R.S. 08: § 191. C.L. § 6258. CSA: C. 12, § 18. CRS 53: § 11-1-18 . C.R.S. 1963: § 11-1-18 .
CO Code § 6-10-119 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-119. Powers of Assignee

 The assignee has all the rights, power, and authority of the assignor necessary to fully execute such trust, to demand and sue for any property belonging to such estate, and to execute valid receipts; and, by deed duly acknowledged by him, in his own name as assignee, may convey any of the estate, real and personal, subject to approval as stated in section 6-10-116 . Where the assignee has been appointed by the court in place of an assignee removed, it shall be his duty to compel by suit, or the peremptory order of the court, the delivery of the trust estate and the property, or the value thereof, that has been wasted or misapplied by the previous assignee.   History. Source: L. 1897: P. 98, § 16. R.S. 08: § 192. C.L. § 6259. CSA: C. 12, § 19. CRS 53: § 11-1-19 . C.R.S. 1963: § 11-1-19 .    ANNOTATION   Annotator's note. Cases material to § 6-10-119 decided prior to its earliest source, L. 1897, p. 98 , § 16, have been included in the annotations to this section.   The assignee stands in the shoes of his assignor, and whatever claim in respect to the property one might have against the latter, can also be asserted against the former. Taub v. McClelland-Colt Comm'n Co., 10 Colo. App. 190, 51 P. 168 (1897).   The authority of the assignee is derived from the statute and not from the instrument of assignment. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895).   Therefore, the powers which an assignor may assume to grant by his deed are without effect; if they are in accord with those conferred by the statute, they are superfluous, if not, they are void. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895).   Whenever an estate passes to an assignee for distribution among creditors, the assignee is not obligated to accept assets which will prove onerous to the estate and a burden rather than an asset. Hill v. Graham, 11 Colo. App. 536, 53 P. 1060 (1898).   Creditors may compel assignee to pursue course, as to property, for best interest of all. If the assignee should attempt to accept assets which would prove a burden rather than an advantage, the creditors would not be without remedy and they might apply to the court having original jurisdiction in the matter to compel him to take the course which was for the best interests of the creditors generally. Hill v. Graham, 11 Colo. App. 536, 53 P. 1060 (1898).   The assignee is the only person after the assignment who can attack the validity of a chattel mortgage. Clark v. Bright, 30 Colo. 199 , 69 P. 506 (1902).   At common law an assignee took only that interest which the debtor had at the time of the assignment. From this it follows that property previously conveyed, though in fraud of creditors, did not pass, and the creditors, not the assignee, were the ones to sue to set it aside. Wells v. Schuster-Hax Nat'l Bank, 23 Colo. 534 , 48 P. 809 (1897).
CO Code § 6-10-120 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-120. Insufficient Sureties

 If it is shown to the court at any time that the sureties on the assignee's bond are not sufficient, the court may order sufficient sureties to be given, and may compel obedience thereto by removal or otherwise.   History. Source: L. 1897: P. 99, § 17. R.S. 08: § 193. C.L. § 6260. CSA: C. 12, § 20. CRS 53: § 11-1-20 . C.R.S. 1963: § 11-1-20 .
CO Code § 6-10-121 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-121. Additional Security - When

 The assignee, from time to time, shall file with the clerk of the court an inventory and valuation of any additional property which may come into his hands after the first inventory; and the judge, or, in his absence, the clerk, may thereupon require the assignee to give additional security.   History. Source: L. 1897: P. 99, § 18. R.S. 08: § 194. C.L. § 6261. CSA: C. 12, § 21. CRS 53: § 11-1-21 . C.R.S. 1963: § 11-1-21 .
CO Code § 6-10-122 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-122. Appearance Compelled - When

 The court, upon the application of the assignee, or of any creditor, may compel the appearance in person of the debtor, or any other witness, before the court, or a commissioner appointed by the court, at any time designated, to answer under oath such matters as may be inquired of him. Such debtor or other witness may then be fully examined under oath as to the amount and situation of his property, the payments and conveyances made by him, and the names and places of residence of creditors and the amounts due to each. The court, upon like application, may compel the debtor to deliver to the assignee any property or estate embraced in the assignment.   History. Source: L. 1897: P. 99, § 19. R.S. 08: § 195. C.L. § 6262. CSA: C. 12, § 22. CRS 53: § 11-1-22 . C.R.S. 1963: § 11-1-22 .
CO Code § 6-10-123 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-123. Misappropriation by Debtor

 No assignment shall be invalid because of misappropriation of the property of the debtor by him prior to the assignment, but the assignee may recover such property, if so misappropriated in fraud of this article. Nothing in this article shall invalidate any conveyance or mortgage of property, real or personal, by the debtor before the assignment, made in good faith, for a valid and valuable consideration.   History. Source: L. 1897: P. 100, § 20. R.S. 08: § 196. C.L. § 6263. CSA: C. 12, § 23. CRS 53: § 11-1-23 . C.R.S. 1963: § 11-1-23 .    ANNOTATION   Annotator's note. Cases material to § 6-10-123 decided prior to its earliest source, L. 1897, p. 100 , § 20, have been included in the annotations to this section.   Where property has been misappropriated the right of action, if any, inures to the assignee who might bring such suit to recover it as circumstances warranted. Bailey v. Am. Nat'l Bank, 12 Colo. App. 66, 54 P. 912 (1898).   To vitiate an assignment under this section there must be fraudulent intention followed by irregular and fraudulent disposition of the property or a failure to convey all. In other words, there must be either a reservation of property or such a disposition of it that the proceeds will inure in some way to the benefit of the assignor. Hunter v. Ferguson, 3 Colo. App. 287, 33 P. 82 (1893).   However, a general assignment by a debtor of all his property for the benefit of all his creditors is not a fraudulent disposition of property furnishing ground for an attachment when it is made honestly and bona fide. Hunter v. Ferguson, 3 Colo. App. 287, 33 P. 82 (1893).   Any debtor, whether insolvent or otherwise, so long as he remains in possession of his property with full power of disposition, may mortgage and incumber his property for the benefit of his creditors even though the result may be that some creditors thereby obtain a preference as against the general creditors of the insolvent. Bailey v. Am. Nat'l Bank, 12 Colo. App. 66, 54 P. 912 (1898).   Moreover, this section plainly recognizes the right of a debtor to prefer by payment or security, and clearly affirms the right of a debtor to do with his property as he pleases except as in terms restrained by statute. May v. Tenney, 148 U.S. 60, 13 S. Ct. 491, 37 L. Ed. 368 (1893).
CO Code § 6-10-124 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-124. Debts Not Due - Interest

 Debts not due may be claimed, but if the same are not bearing interest, a suitable rebate shall be made. Interest shall be computed to the date of the assignment and not afterwards.   History. Source: L. 1897: P. 100, § 21. R.S. 08: § 197. C.L. § 6264. CSA: C. 12, § 24. CRS 53: § 11-1-24 . C.R.S. 1963: § 11-1-24 .    ANNOTATION   Law reviews. For article, “An Update of Appendices from Collecting Pre- and Post-Judgment Interest in Colorado”, see 15 Colo. Law. 990 (1986).
CO Code § 6-10-125 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-125. Creditors May Appoint an Attorney

 The majority in number and value of the creditors may appoint, in writing, an attorney-at-law to represent the estate before the court. The attorney, if appointed, shall examine all reports and inventories and books of the assignee and inquire fully as to the conduct of the assignee in the discharge of his trust. He may appear for the assignee in all suits in behalf of the assignee in securing, preserving, or defending the estate, but shall appear in behalf of the creditors in all suits, examinations, or inquiries as to the accounts or the conduct of the assignee concerning the estate. The court may allow such compensation to the attorney as may be just and reasonable.   History. Source: L. 1897: P. 100, § 22. R.S. 08: § 198. C.L. § 6265. CSA: C. 12, § 25. CRS 53: § 11-1-25 . C.R.S. 1963: § 11-1-25 .
CO Code § 6-10-126 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-126. Waiver of Proceedings by Parties

 At any time after an assignment has been made, the assignor, the creditors, and the assignee of such assignor may agree in writing that all proceedings to be had before the court under the provisions of this article, may be waived. Upon the filing of such agreement with the clerk of the proper court, the court shall cease to have any further jurisdiction over such assignment and the proceedings thereunder, and the assignee shall no longer be held accountable to the court. The creditors and the assignee, with the consent of the assignor, in writing, may make such disposition of the assigned estate and arrangements in reference thereto as to them shall seem proper in the premises.   History. Source: L. 1897: P. 100, § 23. R.S. 08: § 199. C.L. § 6266. CSA: C. 12, § 12. CRS 53: § 11-1-26 . C.R.S. 1963: § 11-1-26 .
CO Code § 6-10-128 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-128. Trust Closed in One Year

 The assignee shall close his trust within one year from the filing of the deed of assignment unless the court for good cause shown, extends the time.   History. Source: L. 1897: P. 101, § 25. R.S. 08: § 201. C.L. § 6268. CSA: C. 12, § 28. CRS 53: § 11-1-28 . C.R.S. 1963: § 11-1-28 .
CO Code § 6-10-129 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-129. Property Exempt From Assignment

 No deed of assignment shall be invalid which excepts from the operation thereof the property which by law is not subject to levy and sale under execution.   History. Source: L. 1897: P. 101, § 26. R.S. 08: § 202. C.L. § 6269. CSA: C. 12, § 29. CRS 53: § 11-1-29 . C.R.S. 1963: § 11-1-29 .    ANNOTATION   The exception in a deed of property exempt by law from execution is permitted under this section. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895) (decided prior to earliest source of this section, L. 1897, p. 101 , § 26).
CO Code § 6-10-130 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-130. Preferred Claims

 The valid claims of servants, laborers, and employees of the assignor, for wages earned during the six months immediately preceding the date of the assignment, not to exceed fifty dollars, to any one person then unpaid, which claims are still held by the person who earned them, and all taxes assessed under the laws of this state, or of the United States, are preferred claims and shall be paid in full prior to the payment of the dividends in favor of other creditors.   History. Source: L. 1897: P. 101, § 27. R.S. 08: § 203. C.L. § 6270. CSA: C. 12, § 30. CRS 53: § 11-1-30 . C.R.S. 1963: § 11-1-30 .    ANNOTATION   A provision in a deed of assignment for the payment of preferred debts is unnecessary. Falk v. Liebes, 6 Colo. App. 473, 42 P. 46 (1895) (decided prior to earliest source of this section, L. 1897, p. 101 , § 27).
CO Code § 6-10-131 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-131. Action on Bond of Assignee

 Any creditor may maintain an action on the bond of the assignee, for any damages such creditor may have sustained, by reason of assignee's acts or his failure to act.   History. Source: L. 1897: P. 101, § 28. R.S. 08: § 204. C.L. § 6271. CSA: C. 12, § 31. CRS 53: § 11-1-31 . C.R.S. 1963: § 11-1-31 .
CO Code § 6-10-132 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-132. Foreclosure of Mortgage on Property

 No mortgage, deed of trust, or other security, real or personal, securing the payment of claims against the assigned estate shall be foreclosed within one year from the making of the assignment except upon order of court. No such mortgage, deed of trust, or other security shall be foreclosed except by suit, unless the claim secured is first proved and allowed by such court. When such claim is so proved and allowed, the court may order a foreclosure of the mortgage, deed of trust, or other security within one year from the making of the assignment. The lien of the mortgage, trust deed, or other security affected by this article shall not be impaired by the suspension of the remedy provided in this section.   History. Source: L. 1897: P. 101, § 29. R.S. 08: § 205. C.L. § 6272. CSA: C. 12, § 32. CRS 53: § 11-1-32 . C.R.S. 1963: § 11-1-32 .
CO Code § 6-10-151 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-151. Jurisdiction of District Court

 The district court in the proper county has jurisdiction in the matter of assignments and petitions for discharge under this article.   History. Source: L. 1897: P. 110, § 47. R.S. 08: § 223. C.L. § 6290. CSA: C. 12, § 50. CRS 53: § 11-1-51 . C.R.S. 1963: § 11-1-51 . L. 64: P. 206, § 9.
CO Code § 6-10-152 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-152. Colorado Rules of Civil Procedure Apply

 The provisions of the Colorado rules of civil procedure shall be applicable, except as otherwise provided in this article, and shall control in all proceedings under this article.   History. Source: L. 1897: P. 110, § 49. R.S. 08: § 225. C.L. § 6292. CSA: C. 12, § 52. CRS 53: § 11-1-53 . C.R.S. 1963: § 11-1-53 .
CO Code § 6-10-153 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-153. Property Under Jurisdiction of Court

 In all assignments for the benefit of creditors made in this state, the district court in and for the county in which such deed of assignment is recorded as now provided by law has full power and complete jurisdiction over all the property, real, personal, and mixed, conveyed by such assignment from the date of the making of the same. The court may make any order in reference to any part or all of the property embraced in the estate and the disposition thereof by the assignee which to the court seems just and equitable, and all such orders shall be legal and binding upon the assignor, the assignee, and creditors of the estate whether or not any notice is given of the application therefor or the order so made; except that the court may in its discretion require notice of such an application so made to be given in reference to any matter that may come before it for hearing, and in such case it shall direct, by an order, the form and manner of giving such notice so required by it.   History. Source: L. 1897: P. 111, § 1. R.S. 08: § 226. C.L. § 6293. CSA: C. 12, § 53. CRS 53: § 11-1-54 . C.R.S. 1963: § 11-1-54 . L. 64: P. 207, § 10.    ANNOTATION   Matters are within control of court. Claims are filed and are allowed or exceptions are taken, and the validity or invalidity of claims as between the assignees and claimants, or as between creditors, the payment of dividends, and all other matters relating to the winding up of such estates are entirely under the control and direction of the court like any other litigation. Hill v. Graham, 11 Colo. App. 536, 53 P. 1060 (1898).   Court cannot except valuable parts of debtor's property. Where a grantor deliberately conveys his property without exception or reservation for the benefit of his creditors, it is not the province of the court to except therefrom valuable parts of his property. Moore v. Yampa Mercantile Co., 287 F. 629 (8th Cir. 1923).   One who interferes with property without permission of the court in whose custody it is is guilty of contempt. In re Carlson's for Music, Inc. v. Gould, 176 Colo. 172 , 489 P.2d 1038 (1971).
CO Code § 6-10-154 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 10 - Assignments in General|§ 6-10-154. Disposition of Property When No Market

 When any difficulty is encountered by the assignee in converting the assigned property of any assignment, or any part thereof, into cash on account of there being no sufficient market therefor, or for any other good reason, the court may direct by such order as described in section 6-10-153 the distribution of such property in kind among the creditors electing to take property. Creditors not electing to take property shall be paid an equal pro rata in cash, fixing by appraisement or sworn evidence in courts such price or value upon each piece, parcel, or item of property as shall make it bear and pay its proportion of the entire indebtedness of the estate, and as shall be just and equitable between the assignor and the creditors and all persons interested in the assigned estate. When the court authorizes the assignee to exchange such property in payment of the proved indebtedness of the estate at the prices so fixed, and when, in the opinion of the court, the best interests of the estate are promoted thereby, it may order the assignee to first offer such property at public auction; and, in that case, it shall provide by its order the kind and form of notice to be given of such sale. The assignee at such sale shall offer and sell the property to the highest and best bidder therefor in proved accounts against the estate, and he shall not accept any bid lower than the price fixed by the court on the property so offered.   History. Source: L. 1897: P. 112, § 2. R.S. 08: § 227. C.L. § 6294. CSA: C. 12, § 54. CRS 53: § 11-1-55 . C.R.S. 1963: § 11-1-55 .
CO Code § 6-12-101 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 12 - Prohibited Communication Concerning Patents|§ 6-12-101. Definitions

 As used in this article, unless the context otherwise requires:    “Affiliated person” means a person under common ownership or control of an intended recipient.    “Intended recipient” means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation.     History. Source: L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1264, § 2, effective August 5.
CO Code § 6-12-102 (2021)
2021 Colorado Code|Title 6 - Consumer and Commercial Affairs|Article 12 - Prohibited Communication Concerning Patents|§ 6-12-102. Bad Faith Patent Infringement Communications - Prohibition

  A person shall not, in connection with the assertion of a United States patent, send or cause any person to send any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if such communication is in bad faith. A court may consider one or more of the following conditions as evidence that a person or the person's affiliate has, in bad faith, alleged, asserted, or claimed an infringement of a patent:   The communication falsely states that litigation has been filed against the intended recipient or any affiliated person;    The assertions contained in the communication lack a reasonable basis in fact or law. A court may consider one or more of the following factors as evidence that a communication lacks a reasonable basis in fact or law:   The person asserting the patent is not the person, or does not represent the person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person;    The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision;    The communication seeks compensation on account of activities undertaken after the patent has expired; or    The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following:   The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person;    The patent number issued by the United States patent and trademark office alleged to have been infringed; or    The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.              History. Source: L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1264, § 2, effective August 5.