A debtor may prefer one creditor over another; and to that end he may rightfully give a lien by mortgage or other legal means, sell in payment of the debt, or transfer choses in action as collateral security, where the surplus in such cases is not reserved for the debtor’s own benefit.
History. Orig. Code 1863, § 1955; Code 1868, § 1943; Code 1873, § 1953; Code 1882, § 1953; Civil Code 1895, § 2697; Civil Code 1910, § 3230; Code 1933, § 28-301.
Law reviews.
For note discussing assignments for benefit of creditors, see 12 Ga. L. Rev. 814 (1978).
For article, “Preparing the Georgia Farmer (or Other Small Entrepreneur) for Bankruptcy,” see 22 Ga. St. B.J. 186 (1986).
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 2 - Debtor and Creditor Relations
Article 3 - Preferences and Assignments for Benefit of Creditors
§ 18-2-40. Right of Debtor to Prefer Creditors
§ 18-2-41. Rights of Nonmunicipal Corporation
§ 18-2-42. Rights of Persons and Firms
§ 18-2-43. Execution, Filing, and Recording Deeds of Assignment
§ 18-2-45. Conveyances; Statements as to Aggregate Amounts
§ 18-2-46. Annexation of Affidavit to Deed of Assignment; Contents of Affidavit
§ 18-2-48. List to Remain on File Ten Days
§ 18-2-49. Correcting of Mistake in List of Assets or Creditors
§ 18-2-51. Foreign Assignments to Conform With Georgia Law
§ 18-2-52. Providing and Filing of Bond by Assignee; Amount of Bond
§ 18-2-53. Duties of Assignee Generally; Payment of Preferred Debts After Filing
§ 18-2-54. Powers and Rights of Assignee
§ 18-2-56. Parties to Actions to Set Aside Assignments
§ 18-2-57. Proof Required in Rendering an Assignment Void
§ 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee