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Assignment's Effect for Benefit of Creditors
The principal or agent may view any of the following acts as defaults under this agreement. 1. If the other party makes an assignment that benefits their creditors, files bankruptcy, applies to any agency for a receiver or a trustee of any part of the party's property, begins reorganization, either now or in the future; 3. If the other party indicates consent to, or approval of, any proceeding of a trustee for the party, or suffers such receivership or trusteeship to continue unsettled for ...
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Inventory
The following is a full and true inventory of all the estate, both real and personal, of ___, the incumbrances existing on the estate, all the vouchers and securities relating to the estate, and the value of the estate; together with the name and residence of, and the amount owing to, each creditor with a statement of the true cause and consideration for each debt and a full statement of any existing security for the payment of the debt. ___ of ___, first being duly sworn, ...
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Short Forms
In consideration of one dollar paid to us, the receipt of which is acknowledged, we, the undersigned, creditors of ___ of ___, in the amount set opposite our names, agree to accept in full settlement of all claims against ___ a sum equal to ___% of our claim, payable as follows: ___% in cash on or before ___, 19__. ___% by a note payable ___[date], the note to be indorsed by ___. Please sign and return at once, together with an itemized statement of ...
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Agreement to Accept Promissory Notes for Part of Debt and Stock of Proposed Corporation for Balance
Agreement to accept promissory notes for part of debt and stock of proposed corporation for balance. It is proposed to organize a corporation under the name of ___, with a capital stock of $___. It is proposed that the creditors of A accept ___% in notes of the corporation for these amounts, payable ___[date], and ___% of the preferred stock of the corporation when organized or all preferred stocks in settlement of the respective claims of the creditors.
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Composition on a Cash Payment Within a Limited Time
Agreement made on ___[date], between the several persons whose names and descriptions are contained in the schedule attached to this document, called creditors, and ___ of ___. Debtor shall, on or before ___[date], pay to each of the creditors who shall execute this agreement before that day a composition of ___ cents on the dollar on his [her] debt, which creditors agree to accept in full satisfaction and discharge of their respective debts. In case the ...
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Transfer of Property to Trustee for Benefit of Creditors
Transfer of property to trustee for benefit of creditors. Debtor shall sign all reasonable and necessary written instruments and do all similar things that trustee may deem necessary or advisable to fully carry out the purposes for which this agreement is made. Trustee may in his [her] discretion carry on the business which debtor has carried on with the view of a gradual winding up, instead of immediately selling the business.
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Composition Payable in Installments with Notes for Installments
Composition payable in installments with notes for installments. We, the undersigned, being respectively creditors of ___, ___[address of debtor], in the County of ___, to the amounts set opposite our respective names attached to this document, severally agree to accept in full discharge of our respective debts against him [her] a composition of ___%, payable as follows: the first installment of ___% in ___ calendar months from the date of this agreement; the ...
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By Manager
___, a corporation under the laws of the State of ___, doing business in ___, is financially embarrassed, and is unable to meet its obligations in the ordinary course of business. The title to the assets of the corporation shall remain in the corporation, and the business shall be conducted by ___ as manager under the supervision and general direction of a committee of representatives of the principal creditors of the corporation, namely, ___, representing ...
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Composition with Assignment to Trustee by Debtor
Composition with assignment to trustee by debtor. It is agreed that trustees shall immediately, on receipt of the installments of the composition, pay the installments to creditors respectively entitled to them. In consideration of these premises creditors respectively release debtor, his [her] heirs, executors, and administrators, from the debts due to them respectively, and from all actions, proceedings, claims, and demands in respect of their debts.
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Debtor's Agreement to Form a Corporation with Pledge of Capital Stock for Creditors
Debtor's agreement to form a corporation with pledge of capital stock for creditors. Agreement made at ___, on ___[date], by and between ___, called debtor, and the undersigned creditors, called creditors. 1. Debtor agrees to organize a corporation to be known as ___ Corporation, with an authorized capital stock of not more than $___.
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License to Insolvent Debtor to Continue Business, with Covenant by Creditors Not to Sue
License to insolvent debtor to continue business, with covenant by creditors not to sue. We mutually agree with each other, and respectively covenant with the debtor, that we will not, during the continuance of the letter of license, sue or attach the debtor or his [her] estate for or on account of the debts set opposite to our respective names in the schedule, and that this agreement may be pleaded as a defense to any action or other proceeding which may be instituted by us against the ...
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Agreement for Operation of Debtor's Business by Creditors' Committee
Agreement for operation of debtor's business by creditors' committee. 3. Assets shall be held, controlled and disposed of by committee for the benefit of committee and other creditors and according to the terms and conditions of this agreement. 6. This agreement shall become binding and effective when it has been executed by debtor and by creditors whose claims amount to ___% of debtor's indebtedness.
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Offer by Sureties of Debtor to Pay Creditors in Consideration of Cancellation of Assignment for Benefit of Creditors
Offer by sureties of debtor to pay creditors in consideration of cancellation of assignment for benefit of creditors. We, the undersigned ___, ___, and ___, represent and state to you that if it can be arranged by your consent that the deed of trust made by A to B for the sale of A's property in trust for his [her] creditors, can be set aside and canceled (the deed being dated ___, and of record in the deed book ___, page ___, in the ___ County clerk...
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Allowing Debtor to Carry on Business under Direction of Committee of Creditors
Allowing debtor to carry on business under direction of committee of creditors. This agreement made at ___, on ___[date], between ___, called debtor, and ___, called committee and ___, called other creditors. Debtor, if required by the committee or any ___ of the committee members, will verify the truth of the accounts on oath.
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Assignment for Benefit of Creditors
Assignment for benefit of creditors. Debtor is indebted to various persons in various sums of money, as is more particularly enumerated and set forth in a list attached to this document, marked Schedule A, and made a part of this document. 1. To pay and discharge all the just and reasonable expenses, costs and charges of executing this assignment and of carrying into effect the trust created, together with a lawful commission to trustee for his [her] services in executing the trust.
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Reconveyance by Trustee Where All Debts Have Been Paid
Reconveyance by trustee where all debts have been paid. By an assignment made on ___[date], between debtor and trustee, all the real property conveyed and assigned was, together with other property, conveyed to trustee on the trust declared in the assignment, and it was provided that debtor should pay or otherwise satisfy all debts, expenses, costs and charges secured by or payable under the assignment, and should fully indemnify trustee in respect of all debts and liabilities incurred...
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Deeding Property to Trustee for Creditor to Avoid Foreclosure
Deeding property to trustee for creditor to avoid foreclosure. Creditors have filed liens and the time in which to commence foreclosure of the liens is about to expire. Creditors desire to obtain title to the real property and thus save the cost of foreclosure and the delay of the period of redemption after foreclosure.
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Composition with Creditors
Agreement made on ___[date], between ___ of ___, called debtor, and the several persons, companies and firms, creditors of debtor, whose names are subscribed to this instrument or who accede to this agreement, called creditors. It has been proposed that debtor pay to creditors ___ cents on the dollar in full settlement of their claims, as will be more fully provided. 6. This agreement shall not be binding on debtor or on any of creditors of debtor unless agreed to and ...
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Carrying on Business
It shall be lawful for assignee in his [her] discretion to carry on in the name of debtor or otherwise the business carried on by him [her] as previously described, with a view to the gradual winding up of the business, instead of immediately selling the business. For the purpose of carrying on and winding up, the assignee may employ or authorize employment of debtor as manager of the business, and any other persons to assist as clerks, servants, or otherwise, and pay out of trust moneys to ...
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Assignment for Benefit of Creditors
The real estate being conveyed by A and his wife [her husband] to trustee by a regular deed of trust, signed, sealed and acknowledged and delivered to trustee for the purposes set out. Provided, always, that all of the life insurance policies are conveyed to trustee, or the proceeds of the policies, subject to the rights of the parties set out above. Provided, on the termination of this trust by full payment of all creditors, trustee shall receive such fee as shall be reasonable.
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