North Dakota Code 52-04-13 – Priority rights to contributions upon legal dissolutions or distributions
In the event of any distribution of an employer’s assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for the benefits of creditors, adjudicated insolvency, composition, or similar proceeding, contributions then or thereafter due must be paid in full prior to all other claims except taxes and claims for wages of not more than two hundred fifty dollars to each claimant, earned within four months of the commencement of the proceeding. In the event of an employer’s adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the Bankruptcy Reform Act of 1978 [Pub. L. 95-598; 92 Stat. 2583] contributions then or thereafter due are entitled to such priority as is provided in section 507 of that Act [11 U.S.C. § 507]. In any action for the recovery of delinquent and defaulted contributions, the remedies of garnishment or attachment, or both, are available. No exemptions except absolute exemptions may be allowed against any levy under execution pursuant to judgment recovered in such action.
Terms Used In North Dakota Code 52-04-13
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49