Any assignment by an insolvent debtor of his property for the benefit of his creditors in which any preference or priority is given to any creditor or creditors of the debtor by the terms of the assignment over any other creditor or creditors, other than as to any debts due to the public, or in which any provision or disposition of the property so assigned is made or directed other than that it be distributed among all creditors of the insolvent debtor equally, in proportion to the amount of their several demands and without preference or priority of any kind whatsoever, save only as to debts due to the public and save only as to such creditors as may accept the terms of such assignment and execute a release of their claim against the debtor, and except as hereinafter provided, shall be absolutely null and void and of no effect whatsoever.
HISTORY: 1962 Code Section 57-351; 1952 Code Section 57-351; 1942 Code Section 9106; 1932 Code Section 9106; Civ. C. '22 Section 5511; Civ. C. '12 Section 3732; Civ. C. '02 Section 2647; G. S. 2014; R. S. 2146; 1882 (18) 847.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 25 - Assignments For The Benefit Of Creditors
Section 27-25-10. Assignment by insolvent debtor.
Section 27-25-20. Preferential transactions within ninety days of assignment.
Section 27-25-30. Assignment for benefit of creditors; attack by creditor.
Section 27-25-40. Assignment for benefit of creditors; appointment of agents by creditors.
Section 27-25-50. Sales and transfers prior to appointment of agents.
Section 27-25-60. Calling creditors together.
Section 27-25-70. Procedure when assignees neglect or refuse to call creditors together.
Section 27-25-80. Election of agents.
Section 27-25-90. Rights and powers of agents.
Section 27-25-100. Effect of neglect or refusal of creditors to appoint agents.
Section 27-25-110. Appointment of umpire.
Section 27-25-120. Deposit of proceeds of sales.
Section 27-25-130. General powers of creditors.
Section 27-25-140. Statements of proceedings.
Section 27-25-150. Damages for failure to account or follow directions.