O.C.G.A.

O.C.G.A. § 18-2-54 (2019)

Powers and rights of assignee

✓ 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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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.

History

Ga. L. 1894, p. 90, § 12; Civil Code

1895, § 2709; Civil Code 1910, § 3242; Code 1933, § 28-313.

Annotations

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 Ga. App. LEXIS 50 (1912).

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.

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).

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Asset Recovery Assocs., LLC v. Whole Foods Mkt. Grp., Inc. (N.D. Ga. 2022). “]” § 18-2-54. According to the WFM Defendants, the Deed of Assignment does not meet these criteria because AtlantaFresh retained significant rights and control over its business affairs under the Professional Services Agreement.”

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.