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§ 131. Discharge and removal of assignee or receiver; control of court; new assignee

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 39 P.S. Insolvency and Assignments

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 39 P.S. Insolvency and Assignments (Refs & Annos)
Chapter 1. Assignments and Insolvency Proceedings
Act of 1901 and Later Acts
Discharge and Removal of Assignee or Receiver
39 P.S. § 131
§ 131. Discharge and removal of assignee or receiver; control of court; new assignee
Any creditor may, by petition, move the court to discharge any assignee or receiver for dereliction of duty, incompetency or other reason affecting the estate; or the assignee or receiver may voluntarily petition for his own discharge; and if the court shall be of the opinion that the interests of the estate will be conserved by the appointment of some other person in his place or stead, it shall grant the prayer of such petition, and appoint a new assignee or receiver, with like powers and duties as the one removed, upon entering security as in the case of the original assignee; but such removal shall be without prejudice to all claims upon said assignee or receiver and their securities, growing out of their performance or nonperformance of duty. The assignee or receiver thus removed shall remain under control of the court, for the purpose of compelling him to make all necessary transfers of the assets of the insolvent estate to his successor or any others interested therein, or to give needed information and assistance in the settlement of the estate. If the assignee removed be the one selected by the creditors, the new appointee shall be selected in like manner.

Credits

1901, June 4, P.L. 404, § 37.
39 P.S. § 131, PA ST 39 P.S. § 131
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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