§ 32-18-1-15 — Examination of assignor or transferee

Indiana § 32-18-1-15

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 18: INTERESTS OF CREDITORS IN PROPERTY
• Ch. 1: Assignment of Real and Personal Property for the Benefit

Text

(a) If a creditor or the trustee, by verified
petition, asks the court for the examination of the assignor or any
person to whom any part of the person's property has been transferred
within six (6) months before the assignment, the circuit or superior
court may issue an order for the examination of:
(1) the assignor;
(2) a person or officer of a corporation to whom a transfer is
believed to have been fraudulently made;
(3) a person or officer of an association to whom a transfer is
believed to have been fraudulently made; and
(4) a person alleged to have been concerned in the transfer.
(b) A person described in subsection (a) may be brought before the
court and, on oath, be compelled to answer all questions put to the
person pertinent to the alleged transaction. The court may stay further
transfers and subject property that has been fraudulently withheld or
transferred to the operation of the general trust. The assignor or person
shall be interrogated or be compelled to answer all questions
concerning the disposition of the property of the assignor. The assignor
may be interrogated and compelled to answer all questions concerning
the management of the assignor's business and affairs for the six (6)
months before the assignment. The assignor shall be compelled to
produce all books, papers, and accounts in reference to the assignor's
business affairs during the six (6) months preceding the assignment.
[Pre-2002 Recodification Citation: 32-12-1-15.]

Legislative History

As added by P.L.2-2002, SEC.3. Amended by P.L.9-2022, SEC.66.