2011 South Dakota Code
Title 54 DEBTOR AND CREDITOR
Chapter 09. Assignment For Benefit Of Creditors
§54-9-13.8 Sale or compromise of claims or property of estate--Liability of assignee.


SD Codified L § 54-9-13.8 (through 2011) What's This?

54-9-13.8. Sale or compromise of claims or property of estate--Liability of assignee. The judge may, upon the application of the assignee and for good and sufficient cause shown, and upon such terms as he may direct, authorize the assignee to sell, compromise or compound any claim or debt belonging to the estate of the debtor. But such authority shall not prevent any party interested in the trust estate from showing upon the final accounting of such assignee that such debt or claim was fraudulently or negligently sold, compounded or compromised. The sale of any debt or claim heretofore made in good faith by any assignee shall be valid, subject, however, to the approval of the judge, and the assignee shall be charged with and be liable for, as part of the trust fund, any sum which might or ought to have been collected by him.

Source: SDC Supp 1960, ch 37.51 as added by SL 1969, ch 162, § 6.

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