128.05 Assignee's consent, recording copy of assignment.
(1) The assignee shall endorse in writing the assignee's acceptance of the assignment, and shall file the assignment with the clerk of circuit court in the county where the debtor has his or her residence or principal place of business. The court shall, upon the filing of the assignment, order the assignee to administer the debtor's estate pursuant to this chapter, and the assignee shall be vested with the powers of a receiver.
(2) A certified copy of an assignment filed under sub. (1) may be recorded in the office of the register of deeds of any county wherein lands are conveyed by the assignment in the same manner and with the same effect as other conveyances.
History: 1993 a. 492; 1997 a. 253.
An assignee is a trustee for both the debtor and creditors, but must look primarily to the interests of creditors. Voluntary Assignment of Linton v. Schmidt, 88 Wis. 2d 183, 277 N.W.2d 136 (1979).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 128 - Creditors' actions.
128.02 - Assignment; mistakes; amendments.
128.03 - Liens by legal proceedings; assignment.
128.05 - Assignee's consent, recording copy of assignment.
128.06 - Assignee required to comply, when.
128.10 - Meetings of creditors; removal or death of receiver.
128.11 - Provisional remedies.
128.12 - Dismissal; intervention.
128.13 - Inventory of assets and list of creditors.
128.14 - Notice; injunction; time of filing claims.
128.15 - Objections to claims; appeal; secured claims.
128.17 - Order of distribution.
128.20 - Settlement of receiver's or assignee's accounts.
128.21 - Voluntary proceedings by wage earners for amortization of debts.
128.25 - Uniform act governing secured creditor's dividends in liquidation proceedings.