§ 10-18-3. Filing of petition.
(a) Any individual debtor whose income from all sources is not greater than the maximum wage earner income, as defined in subsection (b), and who is unable to pay his or her current debts as they mature but is able to make regular future payments on account sufficient to amortize the debts over a period of not more than five (5) years, may file a petition for receivership under this section with the clerk of the superior court in the county of his or her residence.
(b) The maximum wage earner income as used in subsection (a) is hereby defined to mean the greater of the following:
(1) Twelve thousand dollars ($12,000) per annum, or
(2) An amount which, considering the fluctuations in the general price level, is equivalent to twelve thousand dollars ($12,000) per annum in calendar year 1968.
(c) Changes in the price level shall be computed by the state controller using the consumer price index of the bureau of labor statistics of the United States department of labor. The foregoing computation shall be made annually, or more frequently at the discretion of the state controller.
(d) The petition shall be under oath and shall set forth the following:
(1) That the debtor is unable to meet his or her current debts as they mature;
(2) The names and addresses of his or her employer or employers, the income received from each, the periods for which received and when payable;
(3) Whether the petitioner is married, the name, age, and relationship of each person depending upon him or her for support and the approximate amount required for the petitioner’s and his or her dependents’ support;
(4) A list of all his or her creditors, with the names and addresses of and the amount owing to each, the nature of the claim, whether the indebtedness is secured or unsecured, the nature of the security, if any, and whether any listed claim is disputed, together with the amount claimed by the creditor and the amount claimed by the debtor;
(5) A description of all actions, suits or proceedings which are, to the best of his or her knowledge, in effect against him or her.
(e) Upon filing the petition, the debtor shall pay to the clerk of the court the sum of five dollars ($5.00) as a filing fee.
History of Section.P.L. 1972, ch. 186, § 1.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-18 - Wage Earner Receivership
Section 10-18-1. - Short title.
Section 10-18-2. - Definitions.
Section 10-18-3. - Filing of petition.
Section 10-18-4. - Appointment of receiver and assignment.
Section 10-18-5. - Resignation and removal of receiver — Termination of receivership.
Section 10-18-6. - Compensation of receiver.
Section 10-18-7. - Effect of filing.
Section 10-18-8. - Filing of the accepted plan with the secretary of state and its effect.
Section 10-18-9. - Effect of approval of plan on prior unsecured creditors.
Section 10-18-10. - Effect of approval of plan on prior secured creditors.
Section 10-18-11. - Subsequent creditors.
Section 10-18-12. - Claims brought to judgment — Priority in case of default.
Section 10-18-13. - Establishment of plan.
Section 10-18-14. - Contents and payments of plan.
Section 10-18-15. - Dispute of claims during pendency of proceedings.
Section 10-18-16. - Termination of the plan.
Section 10-18-17. - Duration of proceedings.
Section 10-18-18. - Subpoenas — Costs.
Section 10-18-19. - Deferred obligations of debtor during pendency of receivership proceedings.