2021 Georgia Code
Title 18 - Debtor and Creditor
Chapter 2 - Debtor and Creditor Relations
Article 3 - Preferences and Assignments for Benefit of Creditors
- § 18-2-40. Right of Debtor to Prefer Creditors
- § 18-2-41. Rights of Nonmunicipal Corporation
- § 18-2-42. Rights of Persons and Firms
- § 18-2-43. Execution, Filing, and Recording Deeds of Assignment
- § 18-2-44. Property to Be Conveyed Generally; Description of Property; Attachment of List of Creditors of Assignor
- § 18-2-45. Conveyances; Statements as to Aggregate Amounts
- § 18-2-46. Annexation of Affidavit to Deed of Assignment; Contents of Affidavit
- § 18-2-47. List of All Property of Assignor at Time of Assignment; Affidavits of Assignor and Assignee as to Accuracy of List
- § 18-2-48. List to Remain on File Ten Days
- § 18-2-49. Correcting of Mistake in List of Assets or Creditors
- § 18-2-50. Notification of Creditors of Filing of Assignment; Notification of Actions Attacking Assignment; Sufficient Notice
- § 18-2-51. Foreign Assignments to Conform With Georgia Law
- § 18-2-52. Providing and Filing of Bond by Assignee; Amount of Bond
- § 18-2-53. Duties of Assignee Generally; Payment of Preferred Debts After Filing
- § 18-2-54. Powers and Rights of Assignee
- § 18-2-55. Nature of Actions to Set Aside Assignments Generally; Priorities and Payment to Creditors on Judgments Rendered After Filing of Complaint to Set Aside Assignment
- § 18-2-56. Parties to Actions to Set Aside Assignments
- § 18-2-57. Proof Required in Rendering an Assignment Void
- § 18-2-58. Judgment Not Required Before Action Against Assignor or Assignee
- § 18-2-59. Appointment of New Assignees Upon Death or Removal From Jurisdiction of Courts of State of Sole or Surviving Assignee
- For article, "The Problem and the Law of the Insolvent Debtor," see 16 Ga. B.J. 391 (1954). For note suggesting corporations, persons, and firms may execute common-law assignments to allow assignee to carry on and such assignment would preempt creditors attempting to gain preference by judgment, see 10 Ga. B.J. 129 (1947).
JUDICIAL DECISIONS
Partial assignment of single debt.
- Creditor cannot divide obligation to pay creditor a stated sum of money into fragments, and assign them to a number of different persons, thereby subjecting debtor to more than one claim, and in order to enforce such partial assignment of a single debt, acceptance by debtor must be shown. Graham v. Southern Ry., 173 Ga. 573, 161 S.E. 125 (1931).
Partial assignment of a debt due is enforceable in equity, although debtor may not assent, if all parties at interest are before the court, so that the right of each in the fund may be determined in one suit and settled by one decree. Graham v. Southern Ry., 173 Ga. 573, 161 S.E. 125 (1931).
RESEARCH REFERENCES
ALR.
- Preference of wages over lien creditors of corporation in hands of receiver, in absence of statutory provision therefor, 5 A.L.R. 690.
Validity and effect of provisions in assignments for creditors authorizing assignees to continue assignor's business, 23 A.L.R. 199.
Constitutionality of statute relating to preferences in assets of insolvent bank, 31 A.L.R. 790; 79 A.L.R. 582; 83 A.L.R. 1080.
Right to setoff loss under mutual insurance policy against premium or assessment, 31 A.L.R. 1281.
Payment of judgment by debtor without notice of its assignment, 32 A.L.R. 1021.
Right of creditor to interest after bankruptcy, declared insolvency, or appointment of receiver, where assets are more than sufficient to pay the principal of all claims, 44 A.L.R. 1170.
Duty of mortgagee to account for rents and profits or for use and occupation for benefit of owner of equity of redemption or junior lienor, 46 A.L.R. 138.
Transfer in bankruptcy, or otherwise in interest of creditors or lien holders, as violating covenant in lease against assignment, 46 A.L.R. 847.
Priority of assignment of chose in action over subsequent garnishment as affected by lack of notice to debtor of assignment, 52 A.L.R. 109.
Waiver of or estoppel to assert lien by filing claim with or receiving dividend from assignee for creditors, 55 A.L.R. 993.
State's prerogative right of preference at common law, 65 A.L.R. 1331; 90 A.L.R. 184; 167 A.L.R. 640.
Enforceability in equity of assignment of part of a debt without the debtor's consent, 80 A.L.R. 413.
Pledge of accounts as affected by pledgor's reservation of partial dominion or control, 85 A.L.R. 222.
Assignment by creditor of insolvent debtor or estate as carrying full amount named or merely dividends payable in respect of that amount, 93 A.L.R. 1525.
Assignability of contemplated debt before execution of agreement by which it is to be created, 116 A.L.R. 955.
Right of debtor who pays creditor to control application of payments made by latter to his creditor with proceeds of original payment, 130 A.L.R. 198; 166 A.L.R. 641.
Application of payment as between disputed and undisputed claims, 164 A.L.R. 940.
Debtor's transfer of assets to representative of creditors as effectuating release of unsecured claims, in absence of express agreement to that effect, 8 A.L.R.3d 903.
Bankruptcy: Right of creditor who has not filed timely petition for review of referee's order to participate in appeal secured by another creditor, 22 A.L.R.3d 914.
