Sec. 2. (a) An assignment under this chapter must be:
(1) by indenture; and
(2) signed and acknowledged before a person who is authorized to take the acknowledgment of deeds.
(b) The indenture must, within ten (10) days after the execution, be filed with the recorder of the county in which the assignor resides. The recorder shall record the indenture of assignment the same as deeds are recorded.
(c) The indenture of assignment must:
(1) contain a full description of all real estate assigned; and
(2) be accompanied by a schedule containing a particular enumeration and description of all the personal property assigned.
(d) The assignor shall make oath before a person authorized to administer oaths. The oath must:
(1) verify the indenture and schedule and contain a statement of all the property, rights, and credits belonging to the assignor, or of which the assignor has knowledge, and that the assignor has not, directly or indirectly, transferred or reserved a sum of money or article of property for the assignor's own use or the benefit of another person; and
(2) indicate the assignor has not acknowledged a debt or confessed a judgment to a person for a sum greater than was justly owing to the person, or with the intention of delaying or defrauding the assignor's creditors.
(e) An assignment under this chapter may not convey to the assignee an interest in property assigned until the assignment is recorded as provided in this section.
[Pre-2002 Recodification Citation: 32-12-1-2.]
As added by P.L.2-2002, SEC.3.
Structure Indiana Code
Article 18. Interests of Creditors in Property
Chapter 1. Assignment of Real and Personal Property for the Benefit of Creditors
32-18-1-2. Filing Indenture of Assignment With County Recorder; Description of Property; Oaths of Assignor
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