§ 21 — Trial, costs and commissions

New York § 21

• Jurisdiction: New York
• Law DCD: Debtor & Creditor
• Art. 2: General Assignments For the Benefit of Creditors

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§ 21. Trial, costs and commissions. The court, in its discretion, may\norder a trial by jury or before a referee, of any disputed claim or\nmatter arising under the provisions of this article. It may in its\ndiscretion award reasonable counsel fees and costs, determine which\nparty shall pay the same, and make all necessary rules to govern the\npractice under this article. The assignee or assignees named in any\nassignment shall receive for his or their services a commission of not\nto exceed five per centum on the whole sum which will have come into his\nor their hands, except in a case where such percentage shall not equal\ntwo hundred dollars in which case the court may grant such a sum which\nwith such percentage shall equal two hundred dollars. If the assignee\ncontinues the business the court may allow him additional compensation\nequal to what he might be allowed as hereinabove provided.\n The actual and necessary expenses incurred by the assignee in the\nadministration of the estate shall be reported in detail, under oath,\nand examined and approved or disapproved by the court. If approved they\nshall be paid out of the estate.\n