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2018 Georgia Code 18-2-44 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-2-44 Case Law from Google Scholar Amendments to OCGA 18-2-44

TITLE 18 DEBTOR AND CREDITOR

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

ARTICLE 3 PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS

18-2-44. Property to be conveyed generally; description of property; attachment of list of creditors of assignor.

  1. 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.
  2. The assignor shall attach a list of all creditors with their post office addresses and amounts due to each.

(Ga. L. 1894, p. 90, § 4; Civil Code 1895, § 2701; Civil Code 1910, § 3234; Code 1933, § 28-305.)

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).

Cited in Burkhalter v. Glennville Bank, 184 Ga. 147, 190 S.E. 644 (1937).

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.

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