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.
Structure Indiana Code
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
32-18-1-4. Circuit Court Clerk's Recording of Filing of Indenture, Schedule, and Undertaking
32-18-1-5. Trustee; Removal Upon Petition of Assignor or Creditor
32-18-1-6. Trustee; Notice of Appointment; Inventory of Property
32-18-1-7. Appraisers; Oath Required
32-18-1-8. Appraisal of Property
32-18-1-9. Appraisal; Set Off to Resident Household Assignor
32-18-1-10. Sale of Property; Partition of Land
32-18-1-12. Trial of Disallowed Claims
32-18-1-13. Lien or Encumbrance on Property Sold
32-18-1-14. Distribution of Money in Possession of Trustee
32-18-1-15. Examination of Assignor or Transferee
32-18-1-16. Oath of Persons Filing Claims
32-18-1-17. Debt or Claim Belonging to Assignor; Compounding or Compromising
32-18-1-18. Trustee; Final Report; Discharge From Trust
32-18-1-19. Trustee; Removal; Vacancy
32-18-1-21. Fees Allowed Clerk of Court; Compensation of Appraisers and Trustee