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2018 Georgia Code 18-2-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 18-2-25 Case Law from Google Scholar Amendments to OCGA 18-2-25

TITLE 18 DEBTOR AND CREDITOR

Section 2. Debtor and Creditor Relations, 18-2-1 through 18-2-85.

ARTICLE 2 ACTS VOID AS AGAINST CREDITORS

18-2-25. Effect of misrepresentation or private agreement giving preference upon settlement between debtor and creditor.

If a debtor misrepresents or suppresses any material fact in the statement of his affairs either as to the amount of his property or of his indebtedness, the composition shall be void. If a debtor privately agrees to give a creditor better security or to pay a creditor more than other creditors, the contract with the others shall be void.

(Civil Code 1895, § 2692; Civil Code 1910, § 3221; Code 1933, § 28-107.)

History of section.

- This Code section is derived from the decision in Woodruff & Co. v. Saul, 70 Ga. 271 (1883).

JUDICIAL DECISIONS

Cited in Saul v. Buck, Hefflebower & Neer, 72 Ga. 254 (1884); Burgess v. Simpson Grocery Co., 128 Ga. 423, 57 S.E. 717 (1907).

RESEARCH REFERENCES

ALR.

- Confirmation of composition in bankruptcy as barring later confirmation of composition or discharge within six years, 80 A.L.R. 406.

Debtor's waiver of, or refraining from exercising, right to resort to bankruptcy, or his insolvency, as consideration for release of all or part of liability, 108 A.L.R. 656.

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