...Enterprises's outstanding liability at $185,776. It was at this time that Spaulding Enterprises entered into an Assignment for the Benefit of Creditors. On February 8, 2007, LM...received a letter from Jeffrey D. Samuels of Rally Capital Services, informing LM that he would be serving as Spaulding Enterprises's Trustee/Assignee in its Assignment for the Benefit of Creditors. The..., Spaulding Enterprises and Spaulding Trucking had entered into an Agreement for the Purchase and Sale of Assets, with the Assignment for the Benefit of Creditors and transfer of Spaulding...

...insolvency proceedings were not in conflict with the Bankruptcy Act, as plaintiff alleged, but were the same in effect as an assignment for the benefit of creditors. Held that the state law is an.... 118. Parmenter Manufacturing Co. v. Hamilton, 172 Mass. 178. In re Bruss-Ritter Co., 90 F. 651. In the opinion of the state supreme court, it is said that the effect of the proceedings in the chancery court was the same as if the insolvent had made an assignment for the benefit of his creditors. But...under the Arkansas insolvency law, we need not decide whether, independently of statute, an assignment for the benefit of creditors on the conditions specified in the decree would protect the property...

... In the Matter of the General Assignment for the Benefit of Creditors of INTERNATIONAL RIBBON MILLS, LTD., Assignor, to MAXWELL STURTZ, Respondent. ARJAN RIBBONS, INC.... Within eight days, the creditor served a restraining notice on the judgment debtor and issued a property execution to the Sheriff of the City of New York. Three weeks after the judgment, on or about May 13, 1972, the judgment debtor executed a general assignment for the benefit of creditors to...vacated. The creditor, as noted, had served a restraining notice on the debtor some 18 days before the assignment for the benefit of creditors. The...

... In the Matter of the General Assignment for the Benefit of Creditors of EUGENE LEFKOWITZ and JULIUS PREDMEST, Copartners Trading under the Firm Name and Style of L. P.... CUT-RATE HOUSEFURNISHINGS, Assignors, to AARON L. PALMER, Assignee, Appellant; LINCOLN CREDIT UNION, Respondent. Appellate Division of the Supreme Court of New York, Second Department. February 19, 1937. Order vacating and setting aside assignment for the benefit of creditors and..., as they may be advised. Hagarty, Davis and Johnston, JJ., concur; Lazansky, P.J., and Close, J., dissent in so far as the vacatur of the assignment is concerned on the ground that the court had no power to vacate the assignment; otherwise concur. ...

... In the Matter of the General Assignment for the Benefit of Creditors of W.E. FOLEY BRO., INC., Assignor, to JOBBERS' CREDIT ASSOCIATION, INC., Assignee-Respondent...: 1. Did the board of directors of W.E. Foley Bro., Inc., authorize the execution of the assignment for the benefit of creditors? 2. Was the assignment for the benefit of creditors unconditionally.... Appeal from an order granting a motion of an assignee for the benefit of creditors to expunge a claim of a creditor in so far as it seeks a preference. Order, in so far as...

..., 9 U.S.C. § 9 ("Section 9"), Section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, and Section 502 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132. The Respondent cross moves to dismiss the Petition and/or vacate the Arbitration Award on the ground that its filing of a general assignment for the benefit of creditors imposed.... On April 6, 2011, the Respondent executed an assignment for the benefit of creditors, assigning its estate to Douglas J. Pick ("Assignee"). (Deed of Assignment, Pick Aff., Ex. B.) The Deed of...Assignment was filed in the Office of the Clerk of Kings County in New York on April 11, 2011. The Respondent's estate is currently being administered by the Assignee under the supervision of the New York State Supreme Court, Kings County, in an proceeding titled In the Matter of the General Assignment for the Benefit of Creditors of...

... In the Matter of the General Assignment for the Benefit of Creditors of SAMUEL MILLER, Assignor-Appellant, to ROBERT J. FOX, Assignee-Appellant; JOSEPH ARONOWITZ..., Respondent. Appellate Division of the Supreme Court of New York, Second Department. June, 1936. Order vacating an assignment for the benefit of creditors and...directing the assignee to turn over to the petitioner the subject-matter of the assignment upon condition that the petitioner file a bond in the sum of $2,500 for the benefit of creditors, and...

.... Archibald M. Johnson was on the brief, for respondents. Within four months prior to the filing of the petition in bankruptcy against it, the bankrupt made a general assignment for the benefit of creditors to.... On September 15, 1920, prior to but within four months of the filing of the petition, the bankrupt made to respondents, Henderson and Scannell, a general assignment for the benefit of creditors. At...respondents as assignees, was destroyed by officials of the bank some time after the filing of the petition in bankruptcy and then an attempt was made to restore this account to the name of the bankrupt by rewriting the ledger sheets. He also found that on and after September 24, 1920, both the respondents and the Fort Sutter National Bank, which with respondents had on that date executed the creditors' agreement under which the assignment to respondents for the benefit of...

... In the Matter of the General Assignment for the Benefit of Creditors of MERCANTILE DYE WORKS, INC., Assignor, to SAMUEL ROSENBLUM, Assignee.... Supreme Court, Special Term, New York County. September 8, 1941. Eppstein Hirshfield, for the mortgagee. Harry Grossman, for the assignee. WALTER, J. A chattel mortgage contained the provision that if the mortgagor should make an assignment for the benefit of creditors the...fifteen per cent of the amount unpaid upon the mortgage, and that such fee should be a lien upon the mortgaged property. The mortgagor made an assignment for the benefit of creditors, and the...

...be an empty collection of words to be observed or not observed according to the whims and fancies of the debtor and his select group of creditors. All decisions based on fact arising prior to April, 1925, are obsolete. The Debtor and Creditor Law contains minute specifications of each step in an assignment for the benefit of.... Section 3 of that law prescribes the form of an assignment for the benefit of creditors. The assignment is not in conformity with that law. It is not acknowledged. This "is a prerequisite to the passing of title to property covered by a general assignment for the benefit of creditors." ( Rogers...their own smart will. The law has been written into the Debtor and Creditor Law and its provisions must be followed and obeyed. Nor are the provisions of the Bulk Sales Act (Pers. Prop. Law, § 44) of service to the defendants in carrying out what they did with regard to the property of the insolvents. This was not a valid bulk sale, but was an illegal attempted assignment for the benefit of creditors. The...

..., 1930. Morris E. Pike, for the plaintiff. KELLER, J. Motion by the judgment creditor to compel the assignee of the judgment debtor under a general assignment for the benefit of creditors to...was not filed as required by the Debtor and Creditor Law (§§ 3, 6, as amd. by Laws of 1914, chap. 360), the attempt to assign failed and the property now held by the assignee is assets of the debtor and subject to the order of this court in these proceedings. An assignment for the benefit of creditors executed...holding that a general assignment for the benefit of creditors, as well as every assignment "in trust" for creditors not executed in accordance with the requirements of the Debtor and Creditor Law, is...

... In the Matter of the General Assignment for the Benefit of Creditors of PAVONE TEXTILE CORP., Assignor, to HAROLD BLOOM, Assignee. Supreme Court...Lemos for assignee. John F.X. McGohey, United States Attorney for the Southern District of New York ( Clarke S. Ryan of counsel), for United States of America, objector. EDER, J. This proceeding, a general assignment for the benefit of creditors, was...and that tax claims against a bankrupt bear interest only until the date of bankruptcy, i.e., the date of the filing of the petition, and not until payment. Objector contends, as I comprehend it, that the ruling in the Saper case ( supra) is inapplicable and is not controlling here for the reason that it involved a construction of the National Bankruptcy Act, whereas a general assignment for the benefit of creditors is...

... In the Matter of the General Assignment for the Benefit of Creditors of INDUSTRIAL LAUNDRY MACHINERY CO., INC., Assignor, to NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU..., INC., Assignee-Appellant. CONTRACTORS EXPORT PROCESSING CORPORATION et al., Respondents. Appellate Division of the Supreme Court of New York, Second Department. April 8, 1957 In a proceeding for an assignment for the benefit of creditors, the...personalty as well as realty (see 33 Am. Jur., Liens, § 18; 4 Pomeroy on Equity Jurisprudence [5th ed.], § 1233). However, such claim may be enforced only for the benefit of all creditors who furnished labor...

... 09-22-00280-CV 08-31-2022 IN RE SILURIA (ASSIGNMENT FOR THE BENEFIT OF CREDITORS), LLC... Before Kreger, Horton and Johnson, JJ. ORDER PER CURIAM. In Re Siluria (assignment for the benefit of creditors), LLC...-03166-CV, styled Stibbs & Co., PC v. Lummus Technology LLC and Siluria (Assignment for the Benefit of Creditors), LLC. Relator seeks a writ compelling the Honorable Kristin Bays, Judge of the...

....) 1. Assignments for Benefit of Creditors — Record — Validity. The provision of section 223, Rev. Laws 1910, requiring an assignment for the benefit of creditors to be recorded, is a condition subsequent to the validity of the assignment, and...under section 225 failure to record the same within 20 days after the date of the assignment renders the same void only against creditors of the assignor and against purchasers and incumbrancers in good faith and for value. 2. Same — Objections to Evidence. In a replevin action by one claiming through an assignment for the benefit of...creditors, it is error to sustain an objection to the introduction in evidence of an assignment for the benefit of...

... In the Matter of General Assignment for the Benefit of Creditors of JACK DOW'S MUSIC MART, INC., Assignor, to NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, INC., Assignee...paid for a five-ton air conditioner which is attached to the plumbing and bolted to the floor. The tenant made a general assignment for the benefit of creditors and failed to pay the rent. In the sale...of assets soon to be held are included some fifty-six lighting fixtures and the air conditioning unit. The landlord has applied to this court to stay the sale and removal of the...

...pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, and within 60 days thereof, Tenant fails to secure a dismissal thereof, or if Tenant make an assignment for the benefit of creditors or...conduct sufficient to trigger termination of the lease the filing by or against the tenant pursuant to a Federal or State statute, a petition in bankruptcy or insolvency or for the reorganization or for the appointment of a receiver or trustee. The words condemn formal insolvency proceedings. The second clause of the paragraph refers to less formal actions relating to an obviously insolvent tenant, an assignment for the benefit of creditors or...: "It is understood that all other claims shall be subordinated to the claims of the Purchaser with respect to such inventory purchased with fund [ sic] provided by the Purchaser (and its associates) and the proceeds of the sale thereof, in the event of any bankruptcy or state insolvency proceeding, or any assignment for the benefit of creditors or...

...single cause of action for breach of fiduciary duty. Pluris had experienced financial difficulties and had as a result entered into an assignment for the benefit of creditors under Code of Civil Procedure...conduct a reasonable investigation into its proposed plan before proceeding with the assignment and had they investigated, they would have seen that pursuing Berg's bankruptcy plan was the only viable way to protect, and thereby satisfy their fiduciary duty to, Pluris's creditors. An assignment for the benefit of creditors...Assignment [for the benefit of creditors]." This duty was alleged to have been primarily breached by the directors having "fail[ed] to explore whether BERG's proposed reorganization [in bankruptcy] would or...

...action, Winer wrote counsel for IBT and stated that Wolf Furniture was "out of business" and that dissolution was being handled by Carmel through "an informal assignment for the benefit of creditors." IBT...Furniture's unsecured creditors established a valid assignment for the benefit of creditors and that IBT cannot reach the funds held by Carmel because property in the hands of an assignee under a...the relationship between Carmel and Wolf Furniture constituted a valid assignment for the benefit of creditors. IBT asserts such a relationship was not established because Carmel and Wolf Furniture...

... 10-18-1951 In the Matter of the General Assignment for the Benefit of Creditors of Caruso-Sturcey Corporation, Assignor...except the assignee who succeeded to the rights of the vendee, Caruso. Motion of Turbine to enjoin and restrain sale by the assignee of the property mentioned in the petition and directing the return thereof is granted. Submit order. ..., to Arnold R. Lewis, Assignee. Arthur C. Parker for Turbine Equipment Company, petitioner. George...