Mont. Code Ann. » TITLE 31. CREDIT TRANSACTIONS AND RELATIONSHIPS · CHAPTER 2. DEBTOR AND CREDITOR RELATIONSHIPS · Part 2. Assignments for Benefit of Creditors
Montana Code Annotated

Mont. Code Ann. § 31-2-201 (2026)

When Debtor May Execute Assignment

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  1. MCA Contents
  2. TITLE 31
  3. CHAPTER 2
  4. Part 2
  5. 31-2-201 When debtor may execute assignment

TITLE 31. CREDIT TRANSACTIONS AND RELATIONSHIPS

CHAPTER 2. DEBTOR AND CREDITOR RELATIONSHIPS

Part 2. Assignments for Benefit of Creditors

When Debtor May Execute Assignment

31-2-201. When debtor may execute assignment. An insolvent debtor may, in good faith, execute an assignment of property to one or more assignees in trust for the satisfaction of the debtor's creditors, in conformity with the provisions of this part, subject to the provisions of this code relative to trusts and fraudulent transfers and to the restrictions imposed by law upon assignments by special partnerships, corporations, or other specific classes or persons.

History: En. Sec. 4510, Civ. C. 1895; re-en. Sec. 6136, Rev. C. 1907; re-en. Sec. 8612, R.C.M. 1921; Cal. Civ. C. Sec. 3449; Field Civ. C. Sec. 1924; re-en. Sec. 8612, R.C.M. 1935; R.C.M. 1947, 18-301; amd. Sec. 985, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1988–2017 · leading case: In re Sundance Corp., 83 B.R. 746 (Bankr. D. Mont. 1988).
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In re Sundance Corp., 83 B.R. 746 (Bankr. D. Mont. 1988). “, Sections 31-2-201, et. seq. By *749 contrast of such extra-judicial assignment, as Community points out in its brief, “A receiver is an indifferent person between the parties to a cause, appointed by the court to receive and preserve the property or fund in litigation pendente…”
Ocwen Loan v. Rehm, 2017 MT 96N. · cites it 5× “Section 31-2-201, MCA, et seq., is a statutory scheme regarding insolvent debtors’ assignments to creditors.”
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