New Mexico Statutes
Article 9 - Transfers to Prefer Creditors - Voluntary Assignments
Section 56-9-49 - [Hearing and determination of application for discharge.]

If no person interested shall, within one week after filing such petition, file written objections to such discharge, accompanied by specific reasons, the court may refer the application to some competent and reliable person to examine the merits of the application and report to the court, with all convenient speed thereon; and, upon the filing of such report, the court shall make such further order in the premises as it shall adjudge right, or the court or judge thereof may hear and determine such application without reference, and may discharge said assignee from all further duty or obligation under the assignment; and thereupon, shall order such assignee to deliver into the charge and custody of the court such portion of the assets and evidences thereof as remain in his hands, where they shall be kept with all papers connected with such assignment, subject to the future control and disposition of the court.
History: Laws 1889, ch. 71, § 40; C.L. 1897, § 2866; Code 1915, § 322; C.S. 1929, § 7-149; 1941 Comp., § 23-149; 1953 Comp., § 27-1-49.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For masters, see Rule 1-053 NMRA.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 56 - Commercial Instruments and Transactions

Article 9 - Transfers to Prefer Creditors - Voluntary Assignments

Section 56-9-1 - [Transfers to prefer creditors; effect; exception of mortgage in good faith.]

Section 56-9-2 - [Interested persons may file suit.]

Section 56-9-3 - [Parties; order for creditors to appear; publication of notice.]

Section 56-9-4 - [Surrender of property to receiver.]

Section 56-9-5 - [Distribution of assets; final judgment; appeal.]

Section 56-9-6 - [Writ of ne exeat or attachment.]

Section 56-9-7 - [Claims of creditors; verification.]

Section 56-9-8 - [Voluntary assignment; assignment not operative until execution of bond; action on bond.]

Section 56-9-9 - [Failure of assignee to settle estate; suit to compel settlement.]

Section 56-9-10 - [Voluntary assignments; acknowledgment and recording.]

Section 56-9-11 - [Inventory by assignee.]

Section 56-9-12 - [Inventory to be accompanied by affidavit.]

Section 56-9-13 - [Appraisement.]

Section 56-9-14 - [Oath of appraisers.]

Section 56-9-15 - [Filing of appraisement and oath.]

Section 56-9-16 - [Compensation of appraisers.]

Section 56-9-17 - [Additional property; appraisement.]

Section 56-9-18 - [Statement of assignee; bond.]

Section 56-9-19 - [Conditions of bond.]

Section 56-9-20 - [Recording of bond; filing copies of bond and other papers with county clerk.]

Section 56-9-21 - [Approval or rejection of bonds taken in vacation.]

Section 56-9-22 - [Failure to give additional bond; revocation of authority.]

Section 56-9-23 - [Old bond is valid until new bond approved.]

Section 56-9-24 - [Suit on bond.]

Section 56-9-25 - [Statement of accounts; time of making; dismissal for failure to make.]

Section 56-9-26 - [Notice of filing accounts.]

Section 56-9-27 - [Advertising paid by assignee; credit.]

Section 56-9-28 - [Adjustment and allowance of demands.]

Section 56-9-29 - [Notice of adjusting and allowing demands; publication; procedure; claims not presented.]

Section 56-9-30 - [Assignee may administer oaths to witnesses.]

Section 56-9-31 - [Rejection of claims.]

Section 56-9-32 - [Rejected claim; right to bring action; limitation.]

Section 56-9-33 - [Judgments in favor of claimant certified to assignee.]

Section 56-9-34 - [Claims of assignee; presentation to court; temporary assignee; allowance or rejection of claim.]

Section 56-9-35 - [Failure of assignee to file inventory or give bond; citation to show cause.]

Section 56-9-36 - [Dismissal of assignee.]

Section 56-9-37 - [Insolvency or removal of security on bond.]

Section 56-9-38 - [Appointment of new assignee.]

Section 56-9-39 - [Dismissal of assignee; delivery of papers, moneys and effects.]

Section 56-9-40 - [Sale of property; order of court; bond of assignee.]

Section 56-9-41 - [Time for payment of claims; notice; refusal to pay; penalty; dismissal.]

Section 56-9-42 - [Assignee to give information as to condition of estate.]

Section 56-9-43 - [Petition for relief against assignee; citation; procedure.]

Section 56-9-44 - [Exempt property not included in assignment.]

Section 56-9-45 - [Prior liens not affected.]

Section 56-9-46 - [Attachment not to issue after assignment.]

Section 56-9-47 - [Preferences inure to benefit of all creditors alike.]

Section 56-9-48 - [Discharge; application by assignee; notice; contents of petition.]

Section 56-9-49 - [Hearing and determination of application for discharge.]

Section 56-9-50 - [Appeals from final judgment.]

Section 56-9-51 - [Bad or doubtful debts; sale or compromise; release of rights; report; notice; objections.]

Section 56-9-52 - [Compensation of assignee and counsel.]

Section 56-9-53 - [Compensation of assignee as counsel.]

Section 56-9-54 - [Permission to assign moneys due from state or subdivision; procedure and limitations.]

Section 56-9-55 - [Written notices of assignment required.]