Georgia Commons

Title 18. DEBTOR AND CREDITOR

Chapter 2. DEBTOR AND CREDITOR RELATIONS

45 sections · 18-2-1 to 18-2-85

Article 1. GENERAL PROVISIONS

  1. 18-2-1Creation of relationship of debtor and creditor.
  2. 18-2-2Compulsory election of remedy least likely to jeopardize rights of other creditors.
  3. 18-2-3Reaching of equitable assets by creditors.

Article 2. ACTS VOID AS AGAINST CREDITORS

  1. 18-2-20Rights of creditors to be favored by courts.
  2. 18-2-21Right of creditors to attack judgments, conveyances, or other arrangements interfering with creditors’ rights.
  3. 18-2-22Conveyances by debtors deemed fraudulent.Reserved
  4. 18-2-23Validity of conveyance to innocent subsequent purchaser.Reserved
  5. 18-2-24Effect of giving debtor permission to exercise control or use of property as security for any debt.
  6. 18-2-25Effect of misrepresentation or private agreement giving preference upon settlement between debtor and creditor.

Article 3. PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS

  1. 18-2-40Right of debtor to prefer creditors.
  2. 18-2-41Rights of nonmunicipal corporation.
  3. 18-2-42Rights of persons and firms.
  4. 18-2-43Execution, filing, and recording deeds of assignment.
  5. 18-2-44Property to be conveyed generally; description of property; attachment of list of creditors of assignor.
  6. 18-2-45Conveyances; statements as to aggregate amounts.
  7. 18-2-46Annexation of affidavit to deed of assignment; contents of affidavit.
  8. 18-2-47List of all property of assignor at time of assignment; affidavits of assignor and assignee as to accuracy of list.
  9. 18-2-48List to remain on file ten days.
  10. 18-2-49Correcting of mistake in list of assets or creditors.
  11. 18-2-50Notification of creditors of filing of assignment; notification of actions attacking assignment; sufficient notice.
  12. 18-2-51Foreign assignments to conform with Georgia law.
  13. 18-2-52Providing and filing of bond by assignee; amount of bond.
  14. 18-2-53Duties of assignee generally; payment of preferred debts after filing.
  15. 18-2-54Powers and rights of assignee.
  16. 18-2-55Nature of actions to set aside assignments generally; priorities and payment to creditors on judgments rendered after filing of complaint to set aside assignment.
  17. 18-2-56Parties to actions to set aside assignments.
  18. 18-2-57Proof required in rendering an assignment void.
  19. 18-2-58Judgment not required before action against assignor or assignee.
  20. 18-2-59Appointment of new assignees upon death or removal from jurisdiction of courts of state of sole or surviving assignee.

Article 4. UNIFORM VOIDABLE TRANSACTIONS ACT

  1. 18-2-70Short title.
  2. 18-2-71Definitions.
  3. 18-2-72Determining insolvency.
  4. 18-2-73Value given for transfer.
  5. 18-2-74Voidable transfer; determination of actual intent.
  6. 18-2-75Transfer or obligation voidable if incurred without receiving reasonably equivalent value.
  7. 18-2-76When transfer made.
  8. 18-2-77Relief for creditor against fraudulent transfer or obligation.
  9. 18-2-78Conditions for voidability of transfer or obligation; judgment.
  10. 18-2-79Time for commencement of action.
  11. 18-2-80Venue.
  12. 18-2-81Series organization and determinations.
  13. 18-2-82Applicability of principles of law and equity.
  14. 18-2-83Uniformity with laws of other states.
  15. 18-2-84Construction with federal provisions.
  16. 18-2-85Transfers to charitable organizations; statute of limitations.