Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file a copy of the assignment and schedule in the office of the clerk of the circuit court of the county in which the debtor resides. The trustee shall state under oath, before execution of the trust:
(1) that the trustee will faithfully execute the trust, and the property assigned has been actually delivered into the trustee's possession for the uses declared in the assignment; and
(2) what the probable value of the assigned property is.
(b) The trustee shall, at the time the assignment and schedule is filed under subsection (a), file with the clerk a written undertaking to the state with at least one (1) sufficient surety. The bond to be approved by the clerk:
(1) must be in a sum double the amount of the value of the property assigned; and
(2) conditioned for the faithful discharge of the duties of the trustee's trust.
The bond must be for the use of a person injured by the action of the trustee.
[Pre-2002 Recodification Citation: 32-12-1-3.]
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
32-18-1-3. 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