reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 6. Disclaimer of Certain Powers or Interests › 32-17.5-6-2. Disclaiming Power of Appointment

Sec. 2. If the holder of a power of appointment or other power not held in a fiduciary capacity disclaims the power, the following rules apply:
(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 6. Disclaimer of Certain Powers or Interests › 32-17.5-6-3. Disclaimer by Appointee of Power of Appointment

Sec. 3. (a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
(b) A disclaimer of an interest in property by:
(1) persons eligible to receive property upon exercise of the power of appointment; or
(2) a taker in default of an exercise of a power of appointment;
takes effect as of the time the instrument creating the power becomes irrevocable.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 6. Disclaimer of Certain Powers or Interests › 32-17.5-6-4. Disclaiming Power Held in Fiduciary Capacity

Sec. 4. (a) If a fiduciary disclaims a power held in a fiduciary capacity that has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
(b) If a fiduciary disclaims a power held in a fiduciary capacity that has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-1. Delivery; in General

Sec. 1. Subject to sections 2 through 11 of this chapter, a disclaimer may be delivered by:
(1) personal delivery;
(2) first class mail; or
(3) any other method likely to result in receipt of the disclaimer.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-2. Interest Created by Intestate Succession or Will

Sec. 2. A disclaimer of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust, must be:
(1) delivered to the personal representative of the decedent's estate; or
(2) filed with a court having jurisdiction to appoint the personal representative if no personal representative is then serving.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-3. Interest in Testamentary Trust

Sec. 3. A disclaimer of an interest in a testamentary trust must be:
(1) delivered to the trustee then serving;
(2) delivered to the personal representative of the decedent's estate if no trustee is then serving; or
(3) filed with a court having jurisdiction to enforce the trust if no personal representative is then serving.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-4. Interest in an Intervivos Trust

Sec. 4. A disclaimer of an interest in an inter vivos trust must be:
(1) delivered to the trustee then serving;
(2) filed with a court having jurisdiction to enforce the trust if no trustee is then serving; or
(3) delivered to the settlor of a revocable trust or the transferor of the interest if the disclaimer is made before the time the instrument creating the trust becomes irrevocable.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-5. Interest Created by Beneficiary Designation

Sec. 5. A disclaimer of an interest created by a beneficiary designation made before the time the designation becomes irrevocable must be delivered to the person making the beneficiary designation.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-6. Disclaiming After Beneficiary Designation Irrevocable

Sec. 6. A disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable must be delivered to the person obligated to distribute the interest.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-7. Jointly Held Property

Sec. 7. A disclaimer by a surviving holder of jointly held property must be delivered to the person to whom the disclaimed interest passes.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-8. Disclaimer by Object or Taker in Default of Exercise of Power of Appointment

Sec. 8. (a) This section applies to a disclaimer of an interest in property by:
(1) an object; or
(2) a taker in default;
of exercise of a power of appointment.
(b) At any time after the power was created, the disclaimer must be:
(1) delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or
(2) filed with a court having authority to appoint a fiduciary if no fiduciary is then serving.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-9. Appointee of Nonfiduciary Power of Appointment

Sec. 9. A disclaimer by an appointee of a nonfiduciary power of appointment must be:
(1) delivered to:
(A) the holder;
(B) the personal representative of the holder's estate; or
(C) the fiduciary under the instrument that created the power; or
(2) filed with a court having authority to appoint the fiduciary if no fiduciary is then serving.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-10. Fiduciary of a Power Over a Trust or Estate

Sec. 10. A disclaimer by a fiduciary of a power over a trust or estate must be delivered as provided in section 2, 3, or 4 of this chapter as if the power disclaimed were an interest in property.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 7. Delivery or Filing of Disclaimer › 32-17.5-7-11. Disclaimer by Agent

Sec. 11. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to the principal or the principal's representative.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-1. Waiver

Sec. 1. A disclaimer is barred by a written waiver of the right to disclaim if the waiver is:
(1) executed before the date of the disclaimer;
(2) executed by the person having the right to disclaim; and
(3) delivered or filed in the same manner that a disclaimer would be delivered or filed under IC 32-17.5-7.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-2. Events Barring Disclaimer

Sec. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(1) The disclaimant accepts the interest sought to be disclaimed.
(2) The disclaimant voluntarily:
(A) assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed; or
(B) contracts to take an action described in clause (A).
(3) A judicial sale of the interest sought to be disclaimed occurs.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-2.5. Disclaimer Barred in Amount of Child Support Arrearage

Sec. 2.5. (a) This section applies to a disclaimer of an interest in property by a disclaimant who is delinquent (as defined in IC 31-9-2-36(b)) before the disclaimer becomes effective.
(b) A disclaimer of an interest in property is barred up to the amount of the disclaimant's child support arrearage.
As added by P.L.80-2010, SEC.52.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-3. Power Held in Fiduciary Capacity

Sec. 3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-4. Power Not Held in Fiduciary Capacity

Sec. 4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by the previous exercise of the power unless the power is exercisable in favor of the disclaimant.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 8. Limitation or Bar of Disclaimer › 32-17.5-8-6. Effect of Disclaimer

Sec. 6. (a) A disclaimer of a power over property that is barred by this article is ineffective.
(b) A disclaimer of an interest in property that is barred by this article takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 9. Tax Qualified Disclaimer › 32-17.5-9-1. Disclaimer for Estate and Gift Tax Purposes

Sec. 1. Notwithstanding any other provision of this article, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under:
(1) Title 26 of the United States Code, in effect on July 1, 2003, or later amended or a successor statute; and
(2) the regulations promulgated under the statute referred to in subdivision (1);
as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this article.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17.5. Uniform Disclaimer of Property Interests Act › Chapter 10. Recording of Disclaimer › 32-17.5-10-1. Failure to Record, File, or Register Disclaimer

Revisor's Note: IC 32-17.5-10 (P.L.5-2003, SEC.1., effective 7-1-2003) was incorrectly omitted from the printing of the 2003-2021 Editions of the Indiana Code.
Sec. 1. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. However, the failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
As added by P.L.5-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-1. Assignment of All Debtor's Property in Trust for Creditors; Fraudulent and Void Assignments; Trustees

Sec. 1. (a) A debtor who is in embarrassed or failing circumstances may make a general assignment of all the debtor's property in trust for the benefit of all the debtor's bona fide creditors.
(b) Except as provided in this chapter, an assignment described in subsection (a) that is made after March 19, 1859, is considered fraudulent and void.
(c) A debtor who is:
(1) in embarrassed or failing circumstances; and
(2) making a general assignment of all the debtor's property as provided in this chapter;
may select the debtor's trustee. The trustee shall serve and qualify, unless creditors representing an amount of at least one-half (1/2) of the liabilities of the debtor petition the court for the removal of the trustee and the appointment of another trustee. If the petition is filed, the judge of the circuit or superior court in which the debtor resides shall immediately remove the trustee and appoint a suitable disinterested party to act as trustee in place of the removed trustee.
(d) This chapter may not be construed to prevent a debtor from preferring a particular creditor by an assignment not made under this chapter that:
(1) conveys less than all of the debtor's property;
(2) is made for the benefit of less than all of the debtor's creditors; or
(3) is made by other means;
if the action is taken in good faith and not as a part of, or in connection with, a general assignment made under this chapter. However, a corporation may not prefer any creditor if a director of the corporation is a surety on the indebtedness preferred or has been a surety on the indebtedness within four (4) months before the preference.
[Pre-2002 Recodification Citation: 32-12-1-1.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-2. Filing Indenture of Assignment With County Recorder; Description of Property; Oaths of Assignor

Sec. 2. (a) An assignment under this chapter must be:
(1) by indenture; and
(2) signed and acknowledged before a person who is authorized to take the acknowledgment of deeds.
(b) The indenture must, within ten (10) days after the execution, be filed with the recorder of the county in which the assignor resides. The recorder shall record the indenture of assignment the same as deeds are recorded.
(c) The indenture of assignment must:
(1) contain a full description of all real estate assigned; and
(2) be accompanied by a schedule containing a particular enumeration and description of all the personal property assigned.
(d) The assignor shall make oath before a person authorized to administer oaths. The oath must:
(1) verify the indenture and schedule and contain a statement of all the property, rights, and credits belonging to the assignor, or of which the assignor has knowledge, and that the assignor has not, directly or indirectly, transferred or reserved a sum of money or article of property for the assignor's own use or the benefit of another person; and
(2) indicate the assignor has not acknowledged a debt or confessed a judgment to a person for a sum greater than was justly owing to the person, or with the intention of delaying or defrauding the assignor's creditors.
(e) An assignment under this chapter may not convey to the assignee an interest in property assigned until the assignment is recorded as provided in this section.
[Pre-2002 Recodification Citation: 32-12-1-2.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-3. Trustee; Duties on Execution of Assignment; Bond

Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file a copy of the assignment and schedule in the office of the clerk of the circuit court of the county in which the debtor resides. The trustee shall state under oath, before execution of the trust:
(1) that the trustee will faithfully execute the trust, and the property assigned has been actually delivered into the trustee's possession for the uses declared in the assignment; and
(2) what the probable value of the assigned property is.
(b) The trustee shall, at the time the assignment and schedule is filed under subsection (a), file with the clerk a written undertaking to the state with at least one (1) sufficient surety. The bond to be approved by the clerk:
(1) must be in a sum double the amount of the value of the property assigned; and
(2) conditioned for the faithful discharge of the duties of the trustee's trust.
The bond must be for the use of a person injured by the action of the trustee.
[Pre-2002 Recodification Citation: 32-12-1-3.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-4. Circuit Court Clerk's Recording of Filing of Indenture, Schedule, and Undertaking

Sec. 4. The clerk of the circuit court shall minute the filing of the copy of indenture, schedule, and undertaking in the proper book under section 3 of this chapter.
[Pre-2002 Recodification Citation: 32-12-1-4.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-5. Trustee; Removal Upon Petition of Assignor or Creditor

Sec. 5. (a) If the trustee fails to comply with the provisions of sections 1 through 4 of this chapter, the judge of the circuit court, superior court, or probate court, or the clerk of the circuit court may, at the instance of the assignor or a creditor, by petition:
(1) remove the trustee; and
(2) appoint another suitable person as trustee.
(b) A replacement trustee shall:
(1) comply with the requirements specified in this chapter;
(2) immediately take possession and control of the property assigned; and
(3) enter upon the execution of the trust, as provided in this chapter.
[Pre-2002 Recodification Citation: 32-12-1-5.]
As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.137.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-6. Trustee; Notice of Appointment; Inventory of Property

Sec. 6. (a) Immediately after complying with the requirements set forth in this chapter, the trustee shall give notice of the trustee's appointment by publication, three (3) weeks successively, in a newspaper printed and published in the county. If a newspaper is not printed and published in the county, the trustee shall:
(1) place written notice in at least five (5) of the most public places in the county; and
(2) publish notice in a newspaper printed and published in the nearest county, for the time and in the manner mentioned in reference to publication in the county where the assignor resides.
(b) The trustee shall, within thirty (30) days after beginning the duties of the trust, make and file, under oath, a full and complete inventory of all the property, real and personal, the rights, credits, interests, profits, and collaterals that the trustee obtains, or of which the trustee may have obtained knowledge as belonging to the assignor. If:
(1) any property not mentioned in an inventory comes into the trustee's hands; or
(2) the trustee obtains satisfactory information of the existence of property not mentioned in an inventory;
the trustee shall file an additional inventory of the property as described in this section.
[Pre-2002 Recodification Citation: 32-12-1-6.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-7. Appraisers; Oath Required

Sec. 7. The trustee, not more than twenty (20) days after filing the inventory mentioned in section 6 of this chapter, shall cause the property mentioned in the inventory to be appraised by two (2) reputable householders of the neighborhood. The appraisers, before proceeding to discharge their duty, must take and subscribe an oath that they will honestly appraise the property mentioned in the inventory filed by the trustee. The oath must be filed, together with the appraisement, with the clerk of the circuit court.
[Pre-2002 Recodification Citation: 32-12-1-7.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-8. Appraisal of Property

Sec. 8. The appraisers shall, in the presence of the trustee:
(1) appraise each article mentioned in the inventory at its true value; and
(2) set down opposite each article respectively the value fixed by them in dollars and cents.
[Pre-2002 Recodification Citation: 32-12-1-8.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-9. Appraisal; Set Off to Resident Household Assignor

Sec. 9. (a) If the assignor is a resident householder of Indiana, the appraisers shall set off to the assignor articles of property or so much of the real estate mentioned in the inventory as the assignor may select, not to exceed three hundred dollars ($300).
(b) The appraisers shall, in an appraisement, specify what articles of property and the value of the property, or what part of the real estate and its value, they have set apart to the assignor.
[Pre-2002 Recodification Citation: 32-12-1-9.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-11. Report of Trustee

Sec. 11. The trustee shall, within six (6) months after beginning the duties of the trust, report to the judge of the circuit court, superior court, or probate court, under oath:
(1) the amount of money in the trustee's hands from:
(A) the sale of property; and
(B) collections; and
(2) the amount still uncollected.
The trustee shall also, in the report, list all claims of creditors that have been presented to the trustee against the assignor. The trustee shall denote the claims that the trustee concludes should be allowed and those that the trustee determines not to allow.
[Pre-2002 Recodification Citation: 32-12-1-11.]
As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.138.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-12. Trial of Disallowed Claims

Sec. 12. The clerk of the court shall spread the report and list upon the appearance docket of the court. The clerk shall distinguish between the claims the trustee has determined to allow and the claims the trustee has refused to allow. In all cases in which the trustee has refused to allow a claim, and in which a creditor objects to the allowance of the claim of another creditor, the judge may order the case to stand for trial at the next term of the court. The trial shall be governed by the rules regulating the trials of similar actions in the circuit court. If, after trial of the claim, the court is satisfied that the claim is valid and just, the court shall order the claim to be allowed and paid as other similar claims are paid. The court shall also make an order with respect to costs as the court considers just.
[Pre-2002 Recodification Citation: 32-12-1-12.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-13. Lien or Encumbrance on Property Sold

Sec. 13. (a) A part of the property assigned on which there are liens or encumbrances may be sold by the trustee subject to the liens or encumbrances.
(b) However, if the trustee is satisfied that the general fund would be materially increased by the payment of the liens or encumbrances, the trustee shall make application, by petition, to the judge of the circuit court, superior court, or probate court for an order to pay the liens and encumbrances before selling the property. Before the holder of any lien or encumbrance is entitled to receive any part of the holder's debt from the general fund, the holder shall proceed to enforce the payment of the debt by sale, or otherwise, of the property on which the lien or encumbrance exists. For the residue of the claim, the holder of the lien or encumbrance shall share pro rata with the other creditors, if entitled to do so under Indiana law.
[Pre-2002 Recodification Citation: 32-12-1-13.]
As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.139.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-14. Distribution of Money in Possession of Trustee

Sec. 14. If the court confirms the report made as provided under section 11 of this chapter and if no contested claims are standing on the docket as provided under section 12 of this chapter, the court shall order the trustee to pay all money in the trustee's hands to the clerk of the court. The clerk, after deducting the costs incident to the execution of the trust, including an allowance to the trustee as the court considers just, shall:
(1) distribute the money among the creditors according to this chapter; and
(2) take receipts from each creditor.
[Pre-2002 Recodification Citation: 32-12-1-14.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-15. Examination of Assignor or Transferee

Sec. 15. (a) If a creditor or the trustee, by verified petition, asks the court for the examination of the assignor or any person to whom any part of the person's property has been transferred within six (6) months before the assignment, the circuit or superior court may issue an order for the examination of:
(1) the assignor;
(2) a person or officer of a corporation to whom a transfer is believed to have been fraudulently made;
(3) a person or officer of an association to whom a transfer is believed to have been fraudulently made; and
(4) a person alleged to have been concerned in the transfer.
(b) A person described in subsection (a) may be brought before the court and, on oath, be compelled to answer all questions put to the person pertinent to the alleged transaction. The court may stay further transfers and subject property that has been fraudulently withheld or transferred to the operation of the general trust. The assignor or person shall be interrogated or be compelled to answer all questions concerning the disposition of the property of the assignor. The assignor may be interrogated and compelled to answer all questions concerning the management of the assignor's business and affairs for the six (6) months before the assignment. The assignor shall be compelled to produce all books, papers, and accounts in reference to the assignor's business affairs during the six (6) months preceding the assignment.
[Pre-2002 Recodification Citation: 32-12-1-15.]
As added by P.L.2-2002, SEC.3. Amended by P.L.9-2022, SEC.66.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-16. Oath of Persons Filing Claims

Sec. 16. A person who files a claim with the trustee must make oath that the claim is just and lawful and no part of the claim is for usurious interest. If a claim or part of a claim is for usurious interest, it must be deducted from the claims before they are allowed. The trustee may administer an oath to a creditor in reference to the validity and justice of a claim.
[Pre-2002 Recodification Citation: 32-12-1-16.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-17. Debt or Claim Belonging to Assignor; Compounding or Compromising

Sec. 17. A trustee may compound or compromise a debt or claim belonging to the assignor that cannot be otherwise recovered without endangering the recovery of the claim or debt.
[Pre-2002 Recodification Citation: 32-12-1-17.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-18. Trustee; Final Report; Discharge From Trust

Sec. 18. (a) The trustee shall, at the expiration of one (1) year after entering upon the duties of the trust or at the next term of the court after the expiration of one (1) year after entering upon the duties of the trust, make a final report to the court.
(b) After a hearing and determination, if the judge is satisfied with and approves the report, the judge shall order the trustee to be discharged from the trust. However, the judge may, for good cause shown, grant further time to the trustee to file a final account.
[Pre-2002 Recodification Citation: 32-12-1-18.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-19. Trustee; Removal; Vacancy

Sec. 19. (a) The judge of the circuit court, superior court, or probate court may, upon the petition of a creditor or the assignor, remove a trustee under this chapter for good cause shown and appoint a successor.
(b) If a vacancy occurs by death, resignation, or removal of a trustee from Indiana, the judge may fill the vacancy and shall order a trustee who is removed to surrender all property in the trustee's hands belonging to the trust to the successor. The court may require a trustee removed under this section to pay to the clerk of the court all money in the trustee's hands, and on or before the next term, the trustee shall make and file a full and final report showing the condition of the trust and the trustee's management of the trust while under the trustee's control. If the court is satisfied with the report and the trustee has fully complied with this chapter and paid all money in the trustee's hands to the clerk of the court, the court may discharge the trustee.
[Pre-2002 Recodification Citation: 32-12-1-19.]
As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.140.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-20. Right to Appeal

Sec. 20. This chapter may not be construed to prevent a party aggrieved by an order or decree of the court under this chapter from having an appeal as in other civil actions.
[Pre-2002 Recodification Citation: 32-12-1-20.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-21. Fees Allowed Clerk of Court; Compensation of Appraisers and Trustee

Sec. 21. (a) For whatever services the clerk of the circuit court is required to perform under this chapter, the clerk is allowed the same fees as are allowed the clerk by law for similar services in other civil proceedings.
(b) The appraisers under this chapter are entitled to one dollar ($1) per day each for their services.
(c) The judge shall remunerate the trustee for the trustee's services in executing the trust out of the general fund as the judge considers just and proper.
[Pre-2002 Recodification Citation: 32-12-1-21.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors › 32-18-1-22. Power of Surviving Partner to Make Assignments

Sec. 22. A surviving partner of a firm doing business in Indiana has full power to make assignments under this chapter.
[Pre-2002 Recodification Citation: 32-12-2-1.]
As added by P.L.2-2002, SEC.3. Amended by P.L.1-2003, SEC.80.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-0.2. Application of Prior Law to Transfers and Obligations

Sec. 0.2. To the extent applicable, the following statutes (before their repeal by P.L.144-1994) apply to a transfer made or an obligation incurred before July 1, 1994:
(1) IC 30-1-9-7.
(2) IC 32-2-1-7.
(3) IC 32-2-1-8.
(4) IC 32-2-1-9.
(5) IC 32-2-1-10.
(6) IC 32-2-1-14.
(7) IC 32-2-1-15.
(8) IC 32-2-1-16.
(9) IC 32-2-1-17.
(10) IC 32-2-1-18.
As added by P.L.220-2011, SEC.520.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to all transfers made and obligations incurred after June 30, 1994.
(b) This chapter does not apply to a transfer made or an obligation incurred before July 1, 1994.
[Pre-2002 Recodification Citation: 32-2-7-1.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Asset" means property of a debtor, but the term does not include:
(A) property to the extent that it is encumbered by a valid lien;
(B) property to the extent that it is generally exempt under nonbankruptcy law, including property exempt from execution under IC 34-55-10; or
(C) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant.
(2) "Claim", except as used in "claim for relief", means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
(3) "Creditor" means a person that has a claim.
(4) "Debt" means liability on a claim.
(5) "Debtor" means a person that is liable on a claim.
(6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(7) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.
(8) "Organization" means a person other than an individual.
(9) "Person" means an individual, an estate, a partnership, an association, a trust, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity.
(10) "Property" means anything that may be the subject of ownership.
(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or another medium and is retrievable in perceivable form.
(12) "Sign" means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(13) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or another encumbrance.
(14) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
[Pre-2002 Recodification Citation: 32-2-7-2.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.1.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-3. Repealed

[Pre-2002 Recodification Citation: 32-2-7-3.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.2.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-4. Repealed

[Pre-2002 Recodification Citation: 32-2-7-4.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-5. Repealed

[Pre-2002 Recodification Citation: 32-2-7-5.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.4.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-6. Repealed

[Pre-2002 Recodification Citation: 32-2-7-6.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.5.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-7. Repealed

[Pre-2002 Recodification Citation: 32-2-7-7.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.6.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-8. Repealed

[Pre-2002 Recodification Citation: 32-2-7-8.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.7.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-9. Repealed

[Pre-2002 Recodification Citation: 32-2-7-9.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.8.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-10. Repealed

[Pre-2002 Recodification Citation: 32-2-7-10.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.9.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-11. Repealed

[Pre-2002 Recodification Citation: 32-2-7-11.]
As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.10.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-12. Insolvency

Sec. 12. (a) For purposes of this section, assets do not include property that has been:
(1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or
(2) transferred in a manner making the transfer voidable under this chapter.
(b) For purposes of this section, debts 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 under this section.
(c) 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.
(d) 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. This presumption imposes upon the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
[Pre-2002 Recodification Citation: 32-2-7-12.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.11.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-13. Value; When Given; Default Under Mortgage, Deed of Trust, or Security Agreement

Sec. 13. (a) 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. 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.
(b) For purposes of sections 14(a)(2) and 15 of this chapter, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset through 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.
[Pre-2002 Recodification Citation: 32-2-7-13.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.12.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-14. Transfers Voidable as to Present and Future Creditors; Debtor's Actual Intent; Transfer Made Without Receipt of Equivalent Value in Exchange; Factors in Determining Actual Intent; Creditor's Burden of Proof

Sec. 14. (a) A transfer made or an 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:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A) 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; or
(B) intended to incur or believed or reasonably should have believed that the debtor would incur debts beyond the debtor's ability to pay as the debts became due.
(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1) the debtor retained possession or control of the property transferred after the transfer;
(2) the transfer or obligation was disclosed or concealed;
(3) before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;
(4) the transfer was of substantially all the debtor's assets;
(5) the debtor absconded;
(6) the debtor removed or concealed assets;
(7) 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;
(8) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; and
(9) the transfer occurred shortly before or shortly after a substantial debt was incurred.
(c) A creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
[Pre-2002 Recodification Citation: 32-2-7-14.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.13.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-15. Transfers Voidable as to Present Creditors; Creditor's Burden of Proof

Sec. 15. (a) A transfer made or an 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:
(1) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and
(2) the debtor:
(A) was insolvent at that time; or
(B) became insolvent as a result of the transfer or obligation.
(b) Subject to section 12(d) of this chapter, a creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
[Pre-2002 Recodification Citation: 32-2-7-15.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.14.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-16. Transfers and Obligations; When Considered Made or Incurred

Sec. 16. The following apply for purposes of this chapter:
(1) A transfer is made:
(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 whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(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 (other than under this chapter) that is superior to the interest of the transferee.
(2) If applicable law permits a transfer to be perfected under subdivision (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is considered made immediately before the commencement of the action.
(3) If applicable law does not permit a transfer to be perfected under subdivision (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:
(A) if oral, when it becomes effective between the parties; or
(B) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
[Pre-2002 Recodification Citation: 32-2-7-16.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.15.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-17. Remedies of Creditor

Sec. 17. (a) In an action for relief against a transfer or an obligation under this chapter, a creditor, subject to the limitations in section 18 of this chapter, may obtain any of the following:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by IC 34-25-2-1 or any other applicable statute providing for attachment or other provisional remedy against debtors generally.
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:
(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred, its proceeds, or of other property.
(B) Appointment of a receiver to take charge of the asset transferred or of the property of the transferee.
(C) Any other relief the circumstances require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court orders, may levy execution on the asset transferred or its proceeds.
[Pre-2002 Recodification Citation: 32-2-7-17.]
As added by P.L.2-2002, SEC.3.