Indiana § 32-18-1-5 Trustee; removal upon petition of assignor or creditor

Indiana Statutes

§ 32-18-1-5 — Trustee; removal upon petition of assignor or creditor

Indiana § 32-18-1-5

Title 32PROPERTY

Art. 18INTERESTS OF CREDITORS IN PROPERTY

Ch. 1Assignment of Real and Personal Property for the Benefit

This text of Indiana § 32-18-1-5 (Trustee; removal upon petition of assignor or creditor) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-18-1-5 (2026).

Text

(a)If the trustee fails to comply with the provisions of sections 1 through 4 of this chapter, the judge of the circuit court, superior court, or probate court, or the clerk of the circuit court may, at the instance of the assignor or a creditor, by petition:

(1)remove the trustee; and

(2)appoint another suitable person as trustee.

(b)A replacement trustee shall:

(1)comply with the requirements specified in this chapter;

(2)immediately take possession and control of the property assigned; and

(3)enter upon the execution of the trust, as provided in this chapter. [Pre-2002 Recodification Citation: 32-12-1-5.]

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(a) If the trustee fails to comply with the
provisions of sections 1 through 4 of this chapter, the judge of the
circuit court, superior court, or probate court, or the clerk of the circuit
court may, at the instance of the assignor or a creditor, by petition:
(1) remove the trustee; and
(2) appoint another suitable person as trustee.
(b) A replacement trustee shall:
(1) comply with the requirements specified in this chapter;
(2) immediately take possession and control of the property
assigned; and
(3) enter upon the execution of the trust, as provided in this
chapter.
[Pre-2002 Recodification Citation: 32-12-1-5.]