reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.5 - Priority of liens.

680.5 Priority of liens.
Persons having liens upon the property placed in the hands of a receiver shall, if there is a contest as to their priority, submit them to the court for determination.
[C97, §3825; S13, §3825; C24, 27, 31, 35, 39, §12717; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.6 - Taxes as prior claim — nonnecessity to file.

680.6 Taxes as prior claim — nonnecessity to file.
When the assets of any corporation, partnership, or person shall be placed in the hands of a receiver, all taxes against said corporation, partnership, or person, whether levied under the laws of the state or ordinances of municipal corporations, shall be entitled to priority and be first paid in full by the receiver and claims therefor need not be filed with said receiver.
[S13, §3825; C24, 27, 31, 35, 39, §12718; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.7 - Claims entitled to priority.

680.7 Claims entitled to priority.
When the property of any person, partnership, company, or corporation has been placed in the hands of a receiver for distribution, after the payment of all costs the following claims shall be entitled to priority of payment in the order named:
1. Taxes or other debts entitled to preference under the laws of the United States.
2. Debts due or taxes assessed and levied for the benefit of the state, county, or other municipal corporation in this state.
3. Debts owing to employees for labor or work performed or services rendered as provided in section 626.69.
[S13, §3825-a; C24, 27, 31, 35, 39, §12719; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.7]
2006 Acts, ch 1025, §3
Referred to in §680.8, 680.9
Bank receivership, see §524.1301, et seq.
Labor or wage claims preferred, §626.69, 633.425, 681.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.8 - Nonapplicability.

680.8 Nonapplicability.
The provisions of section 680.7 shall not apply to the receivership of state banks, as defined in section 524.105, trust companies, or private banks. In addition, in the receivership of such state banks and trust companies, or private banks, no preference or priority shall be allowed as is provided in section 680.7 except for labor or wage claims as provided by statute.
[C27, 31, 35, §12719-a1; C39, §12719.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.8]
2006 Acts, ch 1025, §4; 2007 Acts, ch 22, §104
Referred to in §680.9
Labor or wage claims preferred, §626.69, 633.425, 681.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.9 - Legislative intent.

680.9 Legislative intent.
The provisions of section 680.8 are declaratory of the intent of the legislature and of its interpretation of the provisions of section 680.7.
[C27, 31, 35, §12719-a2; C39, §12719.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.10 - Discovery of assets.

680.10 Discovery of assets.
The court having direction or control of a receiver may, on its own motion, or on motion of the receiver, require any person suspected of having taken wrongful possession of any of the effects of any person, corporation, or partnership for which said receiver has been appointed, or of having had such effects under the person’s control, or any officer or agent of any such suspected person, to appear and submit to an examination, under oath, touching such matters, and if, on such examination, it appears that the person examined has the wrongful possession of any such property, the court may order the delivery thereof to the receiver.
[C27, 31, 35, §12719-b1; C39, §12719.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.10]
Analogous provisions, §630.19, 633.112
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.11 - Contempt.

680.11 Contempt.
If, on being served with the order of the court requiring the person to do so, any person fails to appear in accordance therewith, or if, having appeared, the person refuses to answer any questions which the court thinks proper to be put to the person in the course of such examination, or if the person fails to comply with the order of the court requiring the person to deliver any such property or effects to the receiver, the person may be committed to the jail of the county until the person does.
[C27, 31, 35, §12719-b2; C39, §12719.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.1 - Must be without preferences.

681.1 Must be without preferences.
No general assignment of property by an insolvent person, firm, or corporation, or in contemplation of insolvency, for the benefit of creditors, shall be valid unless it be made for the benefit of all the creditors in proportion to the amount of their respective claims; and in every such assignment the assent of the creditors shall be presumed.
[C51, §977, 978; R60, §1826, 1827; C73, §2115, 2116; C97, §3071; C24, 27, 31, 35, 39, §12720; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.2 - How made.

681.2 How made.
Every such assignment shall be by an instrument in writing, setting forth the name of the assignor, the assignor’s residence and business, the name of the assignee and the assignee’s residence and business, and, in a general way, the property assigned and its location, and the purpose of the assignment.
[C97, §3072; C24, 27, 31, 35, 39, §12721; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.3 - Execution — record and index.

681.3 Execution — record and index.
It shall be signed and acknowledged in the manner prescribed for the execution and acknowledgment of deeds, and recorded in the office of the recorder of the county where the assignor resides, and in any other county in the state in which the assignor has real property to be assigned thereby, in the records of deeds, and indexed in the proper index books.
[R60, §1828; C73, §2117; C97, §3072; C24, 27, 31, 35, 39, §12722; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.4 - Inventory — list of creditors.

681.4 Inventory — list of creditors.
The assignor shall annex to such instrument an inventory, under oath, of the assignor’s estate, real and personal, according to the best of the assignor’s knowledge, and a list of the assignor’s creditors and the amount of their respective demands, but such inventory shall not be conclusive as to the amount of the debtor’s estate.
[R60, §1828; C73, §2117; C97, §3072; C24, 27, 31, 35, 39, §12723; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.5 - Effect of assignment.

681.5 Effect of assignment.
Such assignment shall vest in the assignee the title to any other property belonging to the debtor at the time of making the assignment, not exempt from execution.
[R60, §1828; C73, §2117; C97, §3072; C24, 27, 31, 35, 39, §12724; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.6 - Filing with clerk.

681.6 Filing with clerk.
As soon as such assignment is recorded, it shall be filed, with the inventory and list of creditors, in the office of the clerk of the district court, as shall all subsequent papers connected with such proceedings.
[R60, §1828; C73, §2117; C97, §3072; C24, 27, 31, 35, 39, §12725; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.7 - Inventory and appraisement — bond.

681.7 Inventory and appraisement — bond.
The assignee shall forthwith file with the clerk of the district court where such assignor resides a true and full inventory and valuation of said estate under oath, so far as the same has come to the assignee’s knowledge, and shall then enter into bonds to said clerk, for the use of the creditors, in double the amount of the inventory and valuation, with one or more sureties to be approved by said clerk, for the faithful performance of said trust, and the assignee may thereupon proceed to perform any duty necessary to carry into effect the purpose of said assignment.
[R60, §1830; C73, §2118; C97, §3073; C24, 27, 31, 35, 39, §12726; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.8 - Notice of assignment — notice to creditors.

681.8 Notice of assignment — notice to creditors.
The assignee shall forthwith give notice of such assignment by publication in some newspaper in the county, which shall be continued, once each week, at least six weeks, and forthwith send a notice by mail to each creditor of whom the assignee shall be informed, directed to the creditor’s usual place of residence, requiring such creditor to file in the office of the clerk of the district court within three months thereafter the creditor’s claims under oath.
[R60, §1829; C73, §2119; C97, §3074; S13, §3074; C24, 27, 31, 35, 39, §12727; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.8]
Referred to in §681.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.9 - Claims filed.

681.9 Claims filed.
The claims of all creditors, clearly and distinctly stated and sworn to by the claimant, or by some person acquainted with the facts, shall be filed in the office of the clerk of the district court within three months from the date of the first publication provided for in section 681.8, unless the court extends such time for all or some of such claimants, which it may do in its discretion where peculiar circumstances seem to justify such extension, but in no case shall such time be extended beyond nine months.
[C97, §3075; C24, 27, 31, 35, 39, §12728; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.10 - Report required.

681.10 Report required.
At the expiration of three months from the time of first publishing notice, the assignee shall report and file with the clerk of the court a true and full list, under oath, of all such creditors of the assignor as shall have claimed to be such, with a statement of their claims, an affidavit of publication of notice, and a list of the creditors, with their places of residence, to whom notice has been sent by mail, and the date of mailing the same.
[R60, §1831; C73, §2120; C97, §3076; C24, 27, 31, 35, 39, §12729; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.11 - Claims contested.

681.11 Claims contested.
1. Any person interested may appear within three months after such report is filed and contest the claim or demand of any creditor by written exceptions thereto filed with the clerk, who shall forthwith cause notice thereof to be given to the creditor, which shall be served as in case of an original notice.
2. The action shall be accorded reasonable priority for assignment to assure its prompt disposition. The court may order a trial by jury but if it does not, it shall hear the proofs and allegations of the parties in the case and render such judgment thereon as shall be just.
[R60, §1832; C73, §2121; C97, §3077; C24, 27, 31, 35, 39, §12730; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.11]
2021 Acts, ch 76, §150
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.12 - Priority of taxes — nonnecessity to file claim.

681.12 Priority of taxes — nonnecessity to file claim.
In all assignments of property for the benefit of creditors, assessments thereof, or taxes levied thereon, whether under the laws of the state or ordinances of municipal corporations, shall be entitled to priority, and paid in full by the assignee, and claims therefor need not be filed with the assignee.
[C97, §3078; C24, 27, 31, 35, 39, §12731; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.12]
Referred to in §681.14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.13 - Labor claims preferred.

681.13 Labor claims preferred.
If the claim of any creditor is for personal services rendered the assignor within ninety days next preceding the execution of the assignment, it shall be paid in full.
[C97, §3079; C24, 27, 31, 35, 39, §12732; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.13]
Referred to in §681.14
Labor or wage claims preferred, §626.69, 633.425, 680.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.14 - Dividends — compensation.

681.14 Dividends — compensation.
Subject to the provisions contained in sections 681.12 and 681.13, if no exception be made to the claim of any creditor, or if the same has been adjudicated, the court shall order the assignee to make, from time to time, fair and equal dividends among the creditors of the assets in the assignee’s hands in proportion to their claims, and as soon as may be to render a final account of said trust to said court, which may allow such compensation to said assignee in the final settlement as may be considered just and right.
[C73, §2122; C97, §3079; C24, 27, 31, 35, 39, §12733; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.14]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.15 - Absent creditor.

681.15 Absent creditor.
If, upon making the final dividend to the creditors, the assignee shall be unable, after reasonable efforts, to ascertain the place of residence of any creditor, or any person who is authorized to receive the dividend due the person, the assignee shall report the same to the court, with evidence showing diligent attempts to find such creditor or person authorized to receive the dividend, whereupon the court may, in its discretion, order the distribution of the unclaimed dividend among the other creditors.
[C97, §3079; C24, 27, 31, 35, 39, §12734; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.16 - Power of court.

681.16 Power of court.
The assignee shall be at all times subject to the order and supervision of the court, and from time to time may be compelled by citation or attachment to file reports of the assignee’s proceedings and of the situation and condition of the trust, and to proceed in the execution of the duties required by this chapter.
[R60, §1834, 1842; C73, §2123; C97, §3080; C24, 27, 31, 35, 39, §12735; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.16]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.17 - Disposal of property — time limit.

681.17 Disposal of property — time limit.
The assignee shall dispose of all personal property and divide the proceeds of the same among creditors as they may be entitled thereto within six months from the date of the assignment, and shall dispose of real estate within one year from such date, and make full settlement by that time, unless the court, for good reason shown, shall extend the time within which such disposition or settlement shall be made.
[C97, §3080; C24, 27, 31, 35, 39, §12736; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.17]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.18 - Neglect to file inventory or list.

681.18 Neglect to file inventory or list.
No assignment shall be declared fraudulent or void for want of any list or inventory, as provided in this chapter.
[R60, §1835; C73, §2124; C97, §3081; C24, 27, 31, 35, 39, §12737; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.18]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.19 - Examination of debtor.

681.19 Examination of debtor.
The court may, upon application of the assignee or any creditor, compel the appearance in person of the debtor before such court or forthwith to answer under oath such matters as may be inquired of the debtor, and such debtor may be fully examined under oath as to the amount and situation of the debtor’s 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.
[R60, §1835; C73, §2124; C97, §3081; C24, 27, 31, 35, 39, §12738; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.19]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.20 - Additional inventory and security.

681.20 Additional inventory and security.
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 the assignee’s hands under said assignment after the filing of the first inventory, and the clerk may thereupon require the assignee to give additional security.
[R60, §1836; C73, §2125; C97, §3082; C24, 27, 31, 35, 39, §12739; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.20]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.21 - Claims not due.

681.21 Claims not due.
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.
[R60, §1837; C73, §2126; C97, §3083; C24, 27, 31, 35, 39, §12740; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.21]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.22 - Claims filed after three months.

681.22 Claims filed after three months.
All creditors who shall not file their claims within three months from the publication of notice, as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term, and allowed by the court, unless the court has extended the time for filing such claims, except as provided by this chapter.
[R60, §1837; C73, §2126; C97, §3083; C24, 27, 31, 35, 39, §12741; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.22]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.23 - Sale of property generally.

681.23 Sale of property generally.
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 the assignee’s name everything belonging or appertaining to said estate, and generally do whatever the debtor might have done in the premises.
[R60, §1838; C73, §2127; C97, §3084; C24, 27, 31, 35, 39, §12742; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.23]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.24 - Sale of real estate.

681.24 Sale of real estate.
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 shall otherwise order.
[R60, §1838; C73, §2127; C97, §3084; C24, 27, 31, 35, 39, §12743; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.24]
Sale of real estate, §626.74 et seq.
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.25 - Approval of sales.

681.25 Approval of sales.
No such sales shall be valid until approved by such court.
[C97, §3084; C24, 27, 31, 35, 39, §12744; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.25]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.26 - Mandatory removal of assignee.

681.26 Mandatory removal of assignee.
Upon a written application of two-thirds of the creditors in number, and two-thirds in amount, the court shall remove the assignee and appoint in the assignee’s stead a person approved by the creditors in the same number and amount.
[C97, §3085; C24, 27, 31, 35, 39, §12745; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.26]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.27 - Permissive removal of assignee.

681.27 Permissive removal of assignee.
If an assignee shall reside out of the state, or become mentally ill or otherwise incapable of discharging the trust, the court may, upon ten days’ notice to the assignee or the assignee’s attorney remove the assignee and appoint another in the assignee’s stead.
[C97, §3085; C24, 27, 31, 35, 39, §12746; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.27]
96 Acts, ch 1129, §113
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.28 - Accounting and delivery.

681.28 Accounting and delivery.
The person so removed shall immediately turn over to the clerk of the district court, or any person appointed by the court, all moneys and property of the estate in the person’s hands.
[C97, §3085; C24, 27, 31, 35, 39, §12747; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.28]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.29 - Death of assignee — failure to act.

681.29 Death of assignee — failure to act.
If an assignee dies before the closing of the assignee’s trust, or in case any assignee shall fail or neglect for the period of twenty days after the making of any assignment to file an inventory and valuation, and give bond as required by this chapter, the district court 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 with sureties as required of an assignee, have all of the powers of the assignee first appointed, and be subject to all the duties hereby imposed.
[R60, §1839; C73, §2128; C97, §3086; C24, 27, 31, 35, 39, §12748; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.29]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 681 - ASSIGNMENT FOR BENEFIT OF CREDITORS › Section 681.30 - Additional security — misconduct.

681.30 Additional security — misconduct.
In case any bond or surety is found to be insufficient, or, on complaint before the court, it shall be made to appear that any assignee is guilty of wasting or misapplying the trust estate, such court may require additional security, may remove the assignee and appoint another in the assignee’s place, and such person so appointed, on giving bond, shall execute such duties, and may demand and sue for all estate in the hands of the person removed, and recover the amount and value of all moneys and property or estate wasted and misapplied, from such person and the person’s sureties.
[R60, §1839; C73, §2128; C97, §3086; C24, 27, 31, 35, 39, §12749; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §681.30]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 682 - STRUCTURED SETTLEMENT PROTECTION › Section 682.3 - Required disclosures to payee.

682.3 Required disclosures to payee.
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth all of the following:
1. The amounts and due dates of the structured settlement payments to be transferred.
2. The aggregate amount of the structured settlement payments.
3. The discounted present value of the payments to be transferred which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities”, and the amount of the applicable federal rate used in calculating the discounted present value.
4. The gross advance amount.
5. An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such fees and disbursements.
6. The net advance amount.
7. The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.
8. A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the agreement is signed by the payee.
2001 Acts, ch 85, §3, 8
Referred to in §682.2, 682.6, 682.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 682 - STRUCTURED SETTLEMENT PROTECTION › Section 682.4 - Approval of transfers of structured settlement payment rights.

682.4 Approval of transfers of structured settlement payment rights.
1. A transfer of structured settlement payment rights shall not be effective and a structured settlement obligor or annuity issuer shall not be required to make any payment directly or indirectly to a transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority regarding all of the following:
a. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents.
b. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing.
c. The transfer does not contravene any applicable statute or the order of any court or other government authority.
2. If the structured settlement agreement or transfer agreement includes a provision requiring the terms of the structured settlement agreement or transfer agreement to remain confidential, the court or responsible administrative authority shall conduct in camera proceedings relating to the approval of the transfer agreement and shall not include any financial terms from the structured settlement agreement or the transfer agreement in the order required under subsection 1.
2001 Acts, ch 85, §4, 8
Referred to in §682.6, 682.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 682 - STRUCTURED SETTLEMENT PROTECTION › Section 682.5 - Effects of transfer of structured settlement payment rights.

682.5 Effects of transfer of structured settlement payment rights.
1. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.
2. The transferee shall be liable to the structured settlement obligor and the annuity issuer for all of the following:
a. If the transfer contravenes the terms of the structured settlement, any taxes incurred by the structured settlement obligor and the annuity issuer as a consequence of the transfer.
b. Any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this chapter.
3. An annuity issuer and the structured settlement obligor shall not be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.
4. Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.
2001 Acts, ch 85, §5, 8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 682 - STRUCTURED SETTLEMENT PROTECTION › Section 682.6 - Procedure for approval of transfers.

682.6 Procedure for approval of transfers.
1. An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.
2. Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 682.4, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. All of the following shall be included with the notice:
a. A copy of the transferee’s application.
b. A copy of the transfer agreement.
c. A copy of the disclosure statement required under section 682.3.
d. A listing of each of the payee’s dependents, together with each dependent’s age.
e. Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority, or by participating in the hearing.
f. Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall not be less than fifteen days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority.
3. If a structured settlement agreement or transfer agreement includes a provision requiring the terms of the structured settlement agreement or transfer agreement to remain confidential, the financial terms of the structured settlement agreement and the transfer agreement shall be made available to the court or responsible administrative authority for purposes of any in camera proceedings, but shall not be disclosed in the copies of the transfer agreement and disclosure statement filed as a part of the public record.
2001 Acts, ch 85, §6, 8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 682 - STRUCTURED SETTLEMENT PROTECTION › Section 682.7 - General provisions — construction — penalties.

682.7 General provisions — construction — penalties.
1. The provisions of this chapter shall not be waived by a payee.
2. A transfer agreement entered into on or after the thirtieth day after July 1, 2001, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
3. A transfer of structured settlement payment rights shall not extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:
a. Periodically confirming the payee’s survival.
b. Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death.
4. A payee who proposes to make a transfer of structured settlement payment rights shall not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.
5. This chapter shall not be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2001, is valid or invalid.
6. Compliance with the requirements set forth in section 682.3 and fulfillment of the conditions set forth in section 682.4 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.
2001 Acts, ch 85, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 683 - ACTIONS RELATED TO FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION › Section 683.1 - Prohibition of certain actions resulting from criminal or unlawful use of firearm, firearm accessory, or ammunition by third party — definitions.

683.1 Prohibition of certain actions resulting from criminal or unlawful use of firearm, firearm accessory, or ammunition by third party — definitions.
1. As used in this chapter, unless the context otherwise requires:
a. “Ammunition” means any projectile capable of being expelled or propelled from any firearm by the action of a propellant, any cartridge or shotshell designed for the purpose of expelling such a projectile from a firearm, and any component parts thereof.
b. “Firearm” means any weapon that is capable of expelling, designed to expel, or that may readily be converted to expel ammunition.
2. A person shall not bring or maintain an action against a firearm, firearm accessory, or ammunition manufacturer, importer, distributor, trade association, seller, or dealer for any of the following:
a. Recovery of damages resulting from, or injunctive relief or abatement of a nuisance, statutory or in common law, relating to, the lawful design, manufacture, marketing, or sale of a firearm, firearm accessory, or ammunition.
b. Recovery of damages resulting from the criminal or unlawful use of a firearm, firearm accessory, or ammunition by a third party. All defenses provided for in section 668.12 shall apply to actions under this section.
2021 Acts, ch 34, §1
Referred to in §683.2, 683.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 683 - ACTIONS RELATED TO FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION › Section 683.2 - Fees and costs awarded for prohibited actions.

683.2 Fees and costs awarded for prohibited actions.
If a court finds that a party has brought an action under a theory of recovery described in section 683.1, subsection 2, the finding constitutes conclusive evidence that the action is groundless, and the court shall dismiss the claim or action and award to the defendant any reasonable attorney fee and costs incurred in defending the claim or action.
2021 Acts, ch 34, §2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 683 - ACTIONS RELATED TO FIREARMS, FIREARM ACCESSORIES, AND AMMUNITION › Section 683.3 - Allowable actions.

683.3 Allowable actions.
This chapter shall not be construed to prohibit a person from bringing or maintaining an action against a firearm, firearm accessory, or ammunition manufacturer, importer, distributor, trade association, seller, or dealer for recovery of damages for any of the following:
1. Breach of contract or warranty concerning firearms, firearms accessories, or ammunition purchased by a person.
2. Damage or harm to a person or to property owned or leased by a person caused by a defective firearm, firearm accessory, or ammunition.
3. Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person shall not bring an action seeking injunctive relief if that action is barred under section 683.1, subsection 2.
2021 Acts, ch 34, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.2 - Insolvency.

684.2 Insolvency.
1. A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
2. A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
3. Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
4. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
94 Acts, ch 1121, §6; 2016 Acts, ch 1040, §2, 15
Referred to in §684.5
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.3 - Value.

684.3 Value.
1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.
2. For the purposes of section 684.4, subsection 1, paragraph “b”, and section 684.5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
3. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
94 Acts, ch 1121, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.4 - Transfer or obligation voidable as to present or future creditor.

684.4 Transfer or obligation voidable as to present or future creditor.
1. A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following circumstances:
a. With actual intent to hinder, delay, or defraud any creditor of the debtor.
b. Without receiving a reasonably equivalent value in exchange for the transfer or obligation, if either of the following applies:
(1) The debtor was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction.
(2) The debtor intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
2. In determining actual intent under subsection 1, paragraph “a”, consideration may be given, among other factors, to whether any or all of the following apply:
a. The transfer or obligation was to an insider.
b. The debtor retained possession or control of the property transferred after the transfer.
c. The transfer or obligation was disclosed or concealed.
d. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.
e. The transfer was of substantially all the debtor’s assets.
f. The debtor absconded.
g. The debtor removed or concealed assets.
h. The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.
i. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.
j. The transfer occurred shortly before or shortly after a substantial debt was incurred.
k. The debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
3. A creditor making a claim for relief under subsection 1 has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
94 Acts, ch 1121, §8; 2016 Acts, ch 1040, §3, 15
Referred to in §684.3, 684.8, 684.9
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.5 - Transfer or obligation voidable as to present creditor.

684.5 Transfer or obligation voidable as to present creditor.
1. A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
2. A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
3. Subject to section 684.2, subsection 2, a creditor making a claim for relief under subsection 1 or 2 has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
94 Acts, ch 1121, §9; 2016 Acts, ch 1040, §4, 15
Referred to in §684.3, 684.8, 684.9
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.6 - When transfer is made or obligation is incurred.

684.6 When transfer is made or obligation is incurred.
For the purposes of this chapter:
1. A transfer is made under either of the following circumstances:
a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.
b. With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
2. If applicable law permits the transfer to be perfected as provided in subsection 1 and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
3. If applicable law does not permit the transfer to be perfected as provided in subsection 1, the transfer is made when it becomes effective between the debtor and the transferee.
4. A transfer is not made until the debtor has acquired rights in the asset transferred.
5. An obligation is incurred under either of the following circumstances:
a. If oral, when it becomes effective between the parties.
b. If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
94 Acts, ch 1121, §10; 2016 Acts, ch 1040, §5, 6, 15
2016 amendments to subsection 1, paragraph a, and subsection 5, paragraph b, apply to a transfer made or an obligation incurred, as provided in this section, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.7 - Remedies of creditors.

684.7 Remedies of creditors.
1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 684.8, may obtain any of the following:
a. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim.
b. An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law.
c. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:
(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property.
(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee.
(3) Any other relief the circumstances may require.
2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
94 Acts, ch 1121, §11; 2016 Acts, ch 1040, §7, 15
Referred to in §684.8
2016 amendment to subsection 1, paragraph b, applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.9 - Extinguishment of claim for relief.

684.9 Extinguishment of claim for relief.
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought as follows:
1. Under section 684.4, subsection 1, paragraph “a”, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant.
2. Under section 684.4, subsection 1, paragraph “b”, or section 684.5, subsection 1, not later than four years after the transfer was made or the obligation was incurred.
3. Under section 684.5, subsection 2, not later than one year after the transfer was made.
94 Acts, ch 1121, §13; 2016 Acts, ch 1040, §9, 15
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15