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Form #1309Composition with assignment to trustee by debtor
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Composition with assignment to trustee by debtor
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Composition with
assignment to trustee by debtor.
Agreement made on _________[date], between
_________ of _________, called debtor; _________ of _________ and _________ of
_________, called trustees; and the several persons, companies, and partnership
firms, being creditors of debtor, whose names and seals are set and affixed in
the attached schedule, and who are called creditors:
At a meeting of creditors held on _________[date],
it was resolved to accept an offer made by or on behalf of debtor for payment
to creditors respectively of a composition of _________ cents on the dollar on
the amount and in full discharge of their respective debts due from debtor, and
set out in the schedule, the composition to be paid in two equal installments
at _________ calendar months and _________ calendar months from the date of the
meeting, and to be secured by an assignment of the estate of debtor to trustees
in a manner described below. In pursuance of the resolution, and in
consideration of the release on the part of creditors contained below, debtor
agrees with trustees and also separately with creditors respectively that
debtor will on or before expiration of the periods of _________ calendar months
and _________ calendar months pay or cause to be paid to trustees sufficient
money to meet the respective installments of the composition payable to creditors
respectively as described above, and will on demand by trustees at any time
after the date of this agreement pay to them, or as they shall direct, all
costs and expenses of and incidental to an investigation of the affairs of
debtor, with a view to this arrangement, and of and incidental to the
preparation of this agreement, and obtaining the signatures of creditors to
this agreement, and receipt and distribution of the composition. 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 further pursuance of the resolution, and for the consideration stated above,
debtor as beneficial owner assigns to trustees all the personal estate of or
belonging or due and owing to debtor, except household furniture, wearing
apparel, and bedding:
To have and hold the estate to trustees on trust in
the meantime and until default shall be made by debtor in payment to trustees
of any of the installments of the composition according to the agreement in
that behalf contained above, to allow debtor to use, employ, deal with, and
dispose of, the estate for the purposes of his [her] business, or for such
other purposes as trustees shall think proper, but subject to the control and
supervision of trustees; and from and after default on the trust to take
possession of, collect, sell, and realize the estate or any part of the estate,
and to apply the net proceeds of the estate (after payment of all costs and
expenses payable under these presents which may be then unpaid) in or toward
immediate payment to creditors respectively of so much of the composition as
shall be unpaid, and to pay the surplus (if any) of the proceeds, and assign or
deliver the remainder of the trust estate to debtor, his [her] executors,
administrators, or assigns.
It is agreed that if, during either of the periods of
_________ months and _________ months, trustees shall be of the opinion that,
having regard to the condition and prospects of the business of debtor, it
would be expedient to wind up the business and realize and divide the estate,
they shall call a meeting of creditors by circular letter stating the time,
place, and object of the meeting, and sent by mail or otherwise to the last
known place of abode or business of the creditors respectively, or their
respective agents, in time to give to the creditors or agents _________ clear
days' notice of the meeting. If at the meeting a majority in number
representing three-fourths in value of creditors present or represented at the
meeting shall resolve that the business and estate be wound up and realized,
then trustees shall with all convenient speed proceed to wind up the business,
and to sell, collect, and realize the estate, and shall apply the net proceeds
in like manner as if the proceeds had been moneys arising from the exercise of
the trust for sale contained above.
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. Provided always, and it is agreed that this agreement and the
release contained above shall not in any way prejudice or affect the rights or
remedies of any of creditors against any surety or sureties, or any person or
persons other than debtor, his [her] heirs, executors, or administrators; and
that for the sake of conformity alone, debtor, his [her] heirs, executors, or
administrators may be joined in any actions or other proceedings to be brought,
instituted, or taken by any of the creditors against the surety or sureties, or
other person or persons, and that this agreement shall not prejudice or affect
any security which any
of the creditors may have or claim for his [her] debt.
If the security is of such a nature that creditor holding or claiming the
security would by law of bankruptcy or insolvency be bound to realize the
security or deduct the value of the security before proving his [her] debt in
bankruptcy, then and in that case creditor (unless he shall give up his [her] security) shall be entitled
to receive dividends under this agreement on so much of his [her] secured debt
as may remain after the security has been realized, or after credit has been
given to the full value of the security, the value to be agreed on between the
secured creditor and trustee, or in case of dispute to be ascertained by two
impartial appraisers (one to be chosen by the secured creditor, and the other
by trustee), or by an umpire to be named by the appraisers before proceeding to
the valuation.
[Date
and signatures]
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or any other commercial use is prohibited. This includes reposting forms from this
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form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
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Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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Keywords: Composition,assignment,trustee,debtor
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