ยง 8. Discharge or removal of assignee; correction of inventory or
schedule; supplemental inventories or schedules. The judge shall, in the
case provided in section four, and may also, at any time, on the
petition of one or more creditors, showing misconduct or incompetency of
the assignee, or on petition of the assignee himself, showing sufficient
reason therefor, and after due notice of not less than five days to the
assignor, assignee, surety and such other person as the judge may
prescribe, remove or discharge the assignee, and appoint one or more in
his place, and order an accounting of the assignee so removed or
discharged, and may enjoin such assignee from interfering with the
assignor's estate, and make provision by order for the safe custody of
the same, and enforce obedience to such injunction and orders by
attachment; and, upon the discharge of the assignee upon his own
application, such assignee's bond shall be canceled and discharged. The
new assignee shall give a bond, to be approved as required by section
six. The judge shall have power, by order, to require or allow any
inventory or schedule filed to be corrected or amended. The judge may
also require and compel, from time to time, supplemental inventories or
schedules to be made and filed within such time as he shall prescribe,
and to enforce obedience to all orders by attachment.
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.