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2018 Georgia Code 18-2-57 | Car Wreck Lawyer

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

18-2-57. Proof required in rendering an assignment void.

When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void.

(Ga. L. 1894, p. 90, § 15; Civil Code 1895, § 2712; Civil Code 1910, § 3245; Code 1933, § 28-316.)

JUDICIAL DECISIONS

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, § 116.

C.J.S.

- 21 C.J.S., Creditor and Debtor, §§ 69, 78 et seq. 37 C.J.S., Fraudulent Conveyances, § 150 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.

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

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