Effective - 02 Jan 1979
426.250. Demand of assignee against assignor, how allowed. — If the assignee shall have a demand against the assignor, which he desires to have allowed, he may present a petition to the circuit court stating the particulars of his demand and the amount thereof, verified by affidavit, and thereupon such court shall appoint some suitable person to act temporarily as assignee of such estate, for the purpose of hearing and passing upon such demand. The assignee so appointed shall take an oath that he will faithfully discharge the trust confided to him, and shall proceed to examine the claim, and if the same shall be found to be correct, in whole or in part, he shall allow the amount found to be due, and report his action in premises to the proper court, at a date to be fixed by the judge; and the court shall make an order directing the sum allowed to be paid to the claimant as other allowances are paid, and appeals shall be allowed from the decision of such temporary assignee as in other cases provided for in this chapter.
--------
(RSMo 1939 § 5763; A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 5653; 1919 § 649; 1909 § 922
Effective 1-02-79
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 426 - Assignment for Benefit of Creditors
Section 426.010 - Voluntary assignment — execution of.
Section 426.020 - Assignee to file inventory, when and where.
Section 426.030 - Inventory to be sworn to.
Section 426.040 - Appraisers, appointment of.
Section 426.050 - Oath, filing and compensation of appraisers.
Section 426.060 - Additional property, duty of assignee.
Section 426.070 - Assignor's list of property — filing of bond of assignee — additional bond.
Section 426.080 - Bond, condition of.
Section 426.090 - Bond, where filed and recorded — approval.
Section 426.100 - Bonds taken in absence of judge, approval or rejection.
Section 426.110 - If rejected, court to order new bond — failure to give revokes authority.
Section 426.120 - Rejected bond valid until new one given — new bond relates back.
Section 426.130 - Suit on bond, by whom and when brought — damages.
Section 426.140 - Assignee to exhibit accounts, when and how — failure — citation — dismissal.
Section 426.150 - Notice of allowance of assignee's accounts by court, how given.
Section 426.160 - Expense of advertising.
Section 426.170 - Demands against estates, how and when allowed.
Section 426.190 - Assignee may administer oaths and examine witnesses.
Section 426.200 - Evidence to establish demand.
Section 426.210 - Decisions of assignee final, unless appeal asked for — appeal to circuit court.
Section 426.220 - Appeals, how taken — affidavit and bond for.
Section 426.230 - Proceedings in circuit court upon appeal.
Section 426.240 - Judgment certified to assignee and claim allowed, when.
Section 426.250 - Demand of assignee against assignor, how allowed.
Section 426.260 - Assignee failing to file true inventory and give bond, court to issue citation.
Section 426.280 - Insolvency or removal from state of surety, proceedings.
Section 426.290 - Assignee, vacancy — appointment.
Section 426.300 - Dismissal of assignee — books to be delivered to successor.
Section 426.310 - Sale of property assigned, how made.
Section 426.320 - Payments to creditors, when and in what amounts — penalty for failure.
Section 426.330 - Assignee shall exhibit condition of assets, when.
Section 426.340 - Failure to exhibit condition of assets — citation of assignee.
Section 426.350 - Assignee may apply for discharge, when and how.
Section 426.360 - Application referred to commissioner, when — proceedings.
Section 426.370 - If objections made, court to determine same, when and how.
Section 426.380 - Appeals, how taken.
Section 426.390 - Proceedings when temporary assignee fails to act, how conducted.
Section 426.400 - Court may order assignee to compromise debts, when and how.
Section 426.410 - Defining the power and authority of assignees.