A majority of the unsecured creditors in number and amount of the assignor may agree in writing upon a trustee different from the one named in the deed of assignment, and upon petition to the court that would have jurisdiction if an action were brought against the assignor, such agreed trustee may be substituted in lieu of such named trustee with all of the rights, powers, and duties conferred upon such named trustee in the deed of assignment. The clerk of the court where the deed of assignment is recorded shall record such order presented by one of the parties and shall include a reference to the order book and page where such deed is recorded, together with the name of the substituted trustee, and shall make proper indexing. The substitute trustee shall reside in the county or city in which the property that is conveyed in the deed of assignment or the greater portion thereof in value is located.
1924, p. 657; Michie Code 1942, § 5278c; Code 1950, § 55-157; 2014, c. 330; 2019, c. 712.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 18.1 - Assignments for Benefit of Creditors
§ 8.01-525.1. Recordation; notice of sale; preferences prohibited
§ 8.01-525.2. Substitution of another trustee by creditors
§ 8.01-525.3. Procedure to question claim of creditor
§ 8.01-525.4. Provision to bar further claim by creditors who accept deed
§ 8.01-525.5. Compensation of trustee
§ 8.01-525.6. Petition for assignment of salary, wages, or income for the benefit of creditors
§ 8.01-525.7. Trustee; rights and duties; compensation
§ 8.01-525.8. Resignation of trustee
§ 8.01-525.9. Debts; order of payment
§ 8.01-525.10. Exemption from garnishment, levy, or distress