TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P42

Gale Encyclopedia of American Law Volume 1 P42 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 398 ASSIGNS common law or a statutory assignment which is controlled by applicable statutes. The state statutes require that the assignment be recorded schedules of assets and liabilities be filed notice be given to the creditors the assignee be bonded and the assignor be supervised by the court. Almost every jurisdiction prohibits the granting of a preference. All creditors except those with liens or statutorily created priorities are treated equally. Some statutes empower an assignee to set aside prior fraudulent conveyances and others authorize the assignee to set aside preferences made before the assignment. If a debtor has made substantial preferences fraudulent conveyances or allowed liens voidable in bankruptcy to attach to his or her property then creditors might be able to force the debtor into bankruptcy if they decide that the assignment does not adequately protect their rights. An efficiently handled assignment for benefit of creditors is frequently more advantageous to creditors than bankruptcy because it usually brings about better liquidation prices and its less rigid and formal structure saves time and money. FURTHER READINGS Buckley Mike C. and Gregory Sterling. 2003. What Banks Need to Know about ABCs. Banking Law Journal 120 January . Kupetz David S. 2003. Assignment for the Benefit of Creditors Exit Vehicle of Choice for Many Dot-Com Technology and Other Troubled Enterprises. Journal of Bankruptcy Law and Practice 11 November-December . ASSIGNS Individuals to whom property is will or may be transferred by conveyance will descent and distribution or statute assignees. The term assigns is often found in deeds for example heirs administrators and assigns to denote the assignable nature of the interest or right created. ASSISTANCE WRIT OF A court order issued to enforce an existing judgment. ASSISTED SUICIDE Assisted suicide is the means by which an individual chooses to end his or her life via the help of another person who may either share .

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