54-9-21. Hearing upon application of assignee for discharge--Order requiring the performance of acts not completed--Order of discharge, granting, effect.
If, upon the hearing, the judge shall be satisfied that the assignee is entitled to be discharged, he shall make an order accordingly; or if, in the opinion of the judge, anything remains to be done by such assignee, he may require the performance thereof before making such order. Such order shall have the effect of discharging the assignee and his sureties from all further responsibility in respect to the trust, and such order shall not be refused on account of any failure on the part of the assignee to comply with any formal provision of law, where no loss or damage to anyone shall have occurred through such failure.
Source: SL 1887, ch 8, §1; SL 1887, ch 9, §1; CL 1887, §4675; RCivC 1903, §2387; RC 1919, §2060; SDC 1939 & Supp 1960, §37.5110.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 09 - Assignment For Benefit Of Creditors
Section 54-9-1 - Execution of assignment by insolvent debtor.
Section 54-9-3 - Subsisting absolute or contingent liability of assignor.
Section 54-9-5 - Assignment invalid against creditor of assignor not assenting thereto.
Section 54-9-6 - Property exempt from execution--Life insurance--Effect of assignment.
Section 54-9-7 - Inventory required of assignor--Contents--Verification.
Section 54-9-8 - Recording assignment and filing inventory.
Section 54-9-9 - Effect of omitting to record--Assignment of real property.
Section 54-9-10 - Assent of creditors necessary to modification of assignment.
Section 54-9-12 - Disposal or conversion of estate--Authority of assignee.
Section 54-9-13.3 - Duties of assignee.
Section 54-9-13.4 - Notice to creditors to present verified claims--Publication.
Section 54-9-13.5 - Contents of creditor's claim--Claim founded upon instrument.
Section 54-9-13.6 - Time limitation on filing creditor's claim.
Section 54-9-13.8 - Sale or compromise of claims or property of estate--Liability of assignee.
Section 54-9-14 - Compensation of assignee.
Section 54-9-15.1 - Power of court to take and state accounts.
Section 54-9-15.2 - Accountants and attorneys appointed by court--Compensation of attorneys.
Section 54-9-16 - Accounting of assignee.
Section 54-9-16.1 - Deposit of funds in court for distribution subsequent to discharge of assignee.
Section 54-9-19 - Discharge of assignee upon full compliance with trust.
Section 54-9-20 - Application of assignee for discharge--Notice by publication.