O.C.G.A.

O.C.G.A. § 18-2-44 (2019)

Property to be conveyed generally; description of property; attachment of list of creditors of assignor

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) All assignments referred to in Code Section 18-2-42 shall convey all of the property of every sort which is claimed or owned by the assignor at the time of the execution thereof. Such assignments shall:

(1) Identify any lands owned or any interest in lands;

(2) Identify goods, wares, and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as accurate as possible, containing the purchase price and selling price of the lot as a whole; and

(3) Describe in general terms any shares of capital stock, livestock, or personal property which are not connected with any mercantile or manufacturing business.

(b) The assignor shall attach a list of all creditors with their post office addresses and amounts due to each.

History

Ga. L. 1894, p. 90, § 4; Civil Code 1895,

§ 2701; Civil Code 1910, § 3234; Code 1933, § 28-305.

Annotations

JUDICIAL DECISIONS Description of nature of debts in schedule. - Assignors’ schedule of creditors need not describe nature and character of debts; if the schedule sets forth in detail the name of, amount due to, and

residence of each of the creditors of assignors, no further description of the debts is required. Stultz & Blair v. Fleming & Bussey, 83 Ga. 14, 9 S.E. 1067, 1889 Ga. LEXIS 2 (1889).

RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Assignments for Benefit of Creditors, §§ 4, 5, 47. C.J.S. 21 C.J.S., Creditor and Debtor, § 5 et seq. ALR. Conflict of laws as regards validity of fraudulent and preferential transfers and assignments, 111 A.L.R. 787.

Valuation of notes and accounts receivable in determining question of insolvency or bankruptcy, 133 A.L.R. 1274. Creditor’s knowledge of preference, or of debtor’s insolvency, under § 60(b) of Bankruptcy Act, as indicated by receipt of property in payment of debt, 88 A.L.R.2d 1050.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Asset Recovery Assocs., LLC v. Whole Foods Mkt. Grp., Inc. (N.D. Ga. 2022).
Asset Recovery Assocs., LLC v. Whole Foods Mkt. Grp., Inc. (N.D. Ga. 2022). · cites it 2× “Whether the Deed of Assignment Assigned All of AtlantaFresh’s Property and Rights to the Plaintiff In Georgia, a valid assignment for the benefit of creditors must convey “all of the property of every sort which is claimed or owned by the assignor at the time of the execution…”
— 18-2-44(a) — 1 case
Asset Recovery Assocs., LLC v. Whole Foods Mkt. Grp., Inc. (N.D. Ga. 2022). “Whether the Deed of Assignment Assigned All of AtlantaFresh’s Property and Rights to the Plaintiff In Georgia, a valid assignment for the benefit of creditors must convey “all of the property of every sort which is claimed or owned by the assignor at the time of the execution…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.