Sec. 19. (a) The judge of the circuit court, superior court, or probate court may, upon the petition of a creditor or the assignor, remove a trustee under this chapter for good cause shown and appoint a successor.
(b) If a vacancy occurs by death, resignation, or removal of a trustee from Indiana, the judge may fill the vacancy and shall order a trustee who is removed to surrender all property in the trustee's hands belonging to the trust to the successor. The court may require a trustee removed under this section to pay to the clerk of the court all money in the trustee's hands, and on or before the next term, the trustee shall make and file a full and final report showing the condition of the trust and the trustee's management of the trust while under the trustee's control. If the court is satisfied with the report and the trustee has fully complied with this chapter and paid all money in the trustee's hands to the clerk of the court, the court may discharge the trustee.
[Pre-2002 Recodification Citation: 32-12-1-19.]
As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.140.
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