In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parties interested in such assignment and on such notice as the court shall direct, in a summary manner, to appoint a new assignee or assignees in the place of the deceased or nonresident assignee; and the new assignee shall have all the authority and responsibilities of the deceased or nonresident assignee; and all laws or enactments shall be as applicable and in as full force in respect to the new as to the old assignee; and the court may in its discretion require a bond and security of such assignee.
History. Ga. L. 1861, p. 32, § 1; Code 1868, § 2296; Code 1873, § 2322; Code 1882, § 2322; Civil Code 1895, § 3166; Civil Code 1910, § 3746; Code 1933, § 28-320.
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