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2018 Georgia Code 18-2-54 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-2-54 Case Law from Google Scholar Amendments to OCGA 18-2-54

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

18-2-54. Powers and rights of assignee.

The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors.

(Ga. L. 1894, p. 90, § 12; Civil Code 1895, § 2709; Civil Code 1910, § 3242; Code 1933, § 28-313.)

JUDICIAL DECISIONS

Assignee for creditors can sue on account included in deed of assignment for use of purchaser.

- Trustee or assignee holding legal title to choses in action under valid deed of assignment for benefit of creditors can sue for amount of an account included in such assignment for use of one who purchased the account at public sale held by that person as such trustee or assignee. May v. McCarty, 11 Ga. App. 454, 75 S.E. 672 (1912).

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, § 90 et seq.

C.J.S.

- 21 C.J.S., Creditor and Debtor, § 14, 50 et seq.

ALR.

- The fact that parties to a conveyance in fraud of creditors are not in pari delicto as affecting the right of the party guilty of fraud to relief, 7 A.L.R. 150.

Conveyance in consideration of future support as fraudulent against creditors, 23 A.L.R. 584.

Preference in event of debtor's insolvency in respect of funds designated or set apart by him for payment of specified obligations, 32 A.L.R. 950.

Absolute conveyance or transfer with secret reservation as fraudulent per se as against creditors, 68 A.L.R. 306.

Assignees for creditors as within protection of statute requiring filing or recording of conditional-sale contract or chattel mortgage, 71 A.L.R. 981.

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