# Title 32 — Judicial Remedies

## Chapter 32-26 — Administration of Assignment for Benefit of Creditors

### § 32-26-01. District court has supervision.

When any person, partnership, corporation, or limited liability company in this state shall
make an assignment for the benefit of creditors, or a trust deed, or the whole or any substantial
part of the property of such person, partnership, corporation, or limited liability company, the
same shall be administered under the supervision of the district court.
### § 32-26-02. Public administrator as receiver.

The making of an assignment shall be cause for the appointment of a receiver of the
property of the assignor, and the public administrator of the county wherein the greater part of
the assets of such assignor shall be situated, either on the public administrator's own petition or
on the petition of any creditor of the assignor, shall be appointed receiver of the property of such
assignor, and shall proceed to administer and distribute the same in the place and stead of the
assignee named in such assignment, and, as nearly as may be, in accordance with the terms
and provisions of such assignment, under the supervision of the district court.
### § 32-26-03. When property in several counties.

When the property of the assignor is situated in different counties, the public administrator
of any county wherein a portion of such property is situated, first petitioning, shall be entitled to
be appointed receiver as aforesaid, but the court thereafter on the petition of any creditor or
public administrator, and on the facts being shown to its satisfaction, shall vacate such
appointment and shall appoint as receiver the public administrator of the county wherein the
greater part of the assignor's property is situated.
### § 32-26-04. When assignee may act.

In case of failure of any creditor or public administrator to apply for the appointment of a
receiver as herein provided, the estate may be administered by the assignee appointed in the
assignment, but shall be administered and distributed under the supervision of the district court.
### § 32-26-05. Sales - Fees and expenses - Subject to approval of court.

Property of an estate shall be sold only subject to the confirmation of the district court, on
petition of the receiver or assignee, and on such notice as the court may fix. The fees and
expenses of all officers and employees shall be under the control of the court, and shall not be
paid by the receiver or assignee until approved by the court. Any transfer of any property by any
assignee or trustee or receiver shall be void unless the same shall have been approved by the
judge of the district court before whom such matter should be pending.
### § 32-26-06. What court has jurisdiction - Transfer.

The district court of any county where any property of the assignor may be situated shall
have jurisdiction to entertain proceedings in accordance with the provisions of this chapter, but
may transfer, and on the showing of facts to its satisfaction shall transfer, such proceedings to
the district court of the county wherein the greater part of the assignor's property is situated.
