ยง 5. Notice to creditors to present claims. The judge may, upon the
petition of the assignee, authorize him to advertise for creditors to
present to him their claims, with the vouchers therefor, duly verified,
on or before a day to be specified in such advertisement, not less than
ten days from the publication thereof, which advertisement or notice
shall be published in one newspaper, to be designated by the judge, as
most likely to give notice to the persons to be served, at least once
and such additional times as the judge may direct; the last publication
shall be at least one week prior to the date specified.
Said verified claim of creditor shall set forth whether any, and, if
so, what securities are held for such claim, and whether any, and, if
so, what payments have been made thereon.
Whenever a claim is founded upon an instrument in writing, such
instrument, unless lost or destroyed, shall be filed with the claim.
After the claim is allowed or disallowed, such instrument may be
withdrawn by permission of the court. If such instrument is lost or
destroyed, a statement of such fact and of the circumstances of such
loss or destruction shall be filed under oath with the claim.
Structure New York Laws
Article 2 - General Assignments for the Benefit of Creditors
2 - Jurisdiction of Proceedings.
3 - Requisites of General Assignment.
5 - Notice to Creditors to Present Claims.
10 - Action on Bond; Application of Recovery.
11 - Proceedings in Case of Death of Assignee.
12 - Notices to Parties Interested in the Estate as Creditors or Otherwise.
13 - Debts Which May Be Proved Against the Estate.
16 - Examination of Witnesses.
18 - Effect of Orders; Power of Judge and Duties of Clerk.
19 - Sale and Compromise of Claims and Property.
21 - Trial, Costs and Commissions.
21-A - Company Pension Plans; Deductions From Wages Trust Moneys; Preference.
22 - Wages and Commissions and Preferred Claims.