New Hampshire Revised Statutes 568:6 – Assignment by Debtor to Probate Judge
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Terms Used In New Hampshire Revised Statutes 568:6
- 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.
- Probate: Proving a will
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
An inhabitant of this state owing debts which he is unable to pay, and who is not entitled to proceed under the Bankruptcy Act, may make an assignment, for the benefit of his creditors, of all his estate and effects not exempt from attachment to the judge of probate for the county in which he resides and to such assignee and his successors as the judge may appoint. If any part of the debtor’s property is real estate, the assignment shall be executed with the formalities required in the case of deeds of land. The assignment, however made or expressed, shall be construed to convey all the debtor’s estate not exempt from attachment and all property which might have been taken on execution upon a judgment against him at the beginning of the proceedings in insolvency. He shall at the same time make, on oath, and deliver to the judge, for the use of the messenger, a schedule containing a full and true list of the names of his creditors, and of the place of residence of each, if known to him.