54-9-7. Inventory required of assignor--Contents--Verification.
Within twenty days after an assignment is made for the benefit of creditors, the assignor must make and file in the manner prescribed by §54-9-8, a full and true inventory, showing:
(1)All the creditors of the assignor;
(2)The place of residence of each creditor, if known to the assignor, or if not known, that fact must be stated;
(3)The sum owing to each creditor, and the nature of each debt or liability, whether arising on written security, account, or otherwise;
(4)The true consideration of the liability in each case, and the place where it arose;
(5)Every existing judgment, mortgage, or other security for the payment of any debt or liability of the assignor;
(6)All property of the assignor at the date of the assignment which is exempt by law from execution;
(7)All the assignor's property at the date of the assignment, both real and personal, of every kind not so exempt, and the encumbrances existing thereon, and all vouchers and securities relating thereto, and the value of such property according to the best knowledge of the assignor.
An affidavit must be made by every person executing an assignment for the benefit of creditors, to be annexed to and filed with the inventory, to the effect that the same is in all respects just and true, according to the best of such assignor's knowledge and belief.
Source: CivC 1877, §§2034, 2035; CL 1887, §§4667, 4668; RCivC 1903, §§2379, 2380; RC 1919, §§2052, 2053; Supreme Court Rule 618, 1939; SDC 1939 & Supp 1960, §37.5106.
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.