When any difficulty is encountered by the assignee in converting the assigned property of any assignment, or any part thereof, into cash on account of there being no sufficient market therefor, or for any other good reason, the court may direct by such order as described in section 6-10-153 the distribution of such property in kind among the creditors electing to take property. Creditors not electing to take property shall be paid an equal pro rata in cash, fixing by appraisement or sworn evidence in courts such price or value upon each piece, parcel, or item of property as shall make it bear and pay its proportion of the entire indebtedness of the estate, and as shall be just and equitable between the assignor and the creditors and all persons interested in the assigned estate. When the court authorizes the assignee to exchange such property in payment of the proved indebtedness of the estate at the prices so fixed, and when, in the opinion of the court, the best interests of the estate are promoted thereby, it may order the assignee to first offer such property at public auction; and, in that case, it shall provide by its order the kind and form of notice to be given of such sale. The assignee at such sale shall offer and sell the property to the highest and best bidder therefor in proved accounts against the estate, and he shall not accept any bid lower than the price fixed by the court on the property so offered.
Source: L. 1897: p. 112, § 2. R.S. 08: § 227. C.L. § 6294. CSA: C. 12, § 54. CRS 53: § 11-1-55. C.R.S. 1963: § 11-1-55.
Structure Colorado Code
Title 6 - Consumer and Commercial Affairs
Article 10 - Assignments in General
§ 6-10-102. General Assignment
§ 6-10-103. Inventory - List of Creditors
§ 6-10-104. Assignment for All Creditors
§ 6-10-105. Assent of Creditors Presumed
§ 6-10-106. Inventory Filed Where - Bond
§ 6-10-107. Assignee an Officer of Court
§ 6-10-108. Notice of Assignment of Realty
§ 6-10-109. Priority of Claims - Notice
§ 6-10-110. Report of Assignee
§ 6-10-111. Exceptions to Claims - Hearing
§ 6-10-112. Judgment - Fee of Assignee
§ 6-10-113. Application of Unclaimed Dividends
§ 6-10-114. Notice of Distribution
§ 6-10-115. Distribution of Unclaimed Dividends
§ 6-10-116. Assignee Under Supervision of Court
§ 6-10-117. Assignee Appointed by Court - When
§ 6-10-118. Removal of Assignee by Court
§ 6-10-119. Powers of Assignee
§ 6-10-120. Insufficient Sureties
§ 6-10-121. Additional Security - When
§ 6-10-122. Appearance Compelled - When
§ 6-10-123. Misappropriation by Debtor
§ 6-10-124. Debts Not Due - Interest
§ 6-10-125. Creditors May Appoint an Attorney
§ 6-10-126. Waiver of Proceedings by Parties
§ 6-10-128. Trust Closed in One Year
§ 6-10-129. Property Exempt From Assignment
§ 6-10-131. Action on Bond of Assignee
§ 6-10-132. Foreclosure of Mortgage on Property
§ 6-10-151. Jurisdiction of District Court
§ 6-10-152. Colorado Rules of Civil Procedure Apply