Section 19. Sale and compromise of claims and property  


Latest version.
  • The judge may, upon
      the application of the assignee and for good and sufficient cause shown,
      and upon such terms as he may direct, authorize the  assignee  to  sell,
      compromise  or compound any claim or debt belonging to the estate of the
      debtor. But such authority shall not prevent any party interested in the
      trust estate from showing upon the final  accounting  of  such  assignee
      that such debt or claim was fraudulently or negligently sold, compounded
      or  compromised.  The  sale of any debt or claim heretofore made in good
      faith by any assignee shall be valid, subject, however, to the  approval
      of  the judge, and the assignee shall be charged with and be liable for,
      as part of the trust fund, any sum which might or  ought  to  have  been
      collected by him.
        All  sales  shall be had at public auction unless otherwise ordered by
      the judge. Upon application to the judge, and for good cause shown,  the
      assignee  may be authorized to sell any portion of the estate at private
      sale; in which case he shall keep an accurate  record  of  each  article
      sold,  and  the price received therefor, and to whom sold; which account
      he shall file at once. Upon application by the assignee  or  a  creditor
      setting  forth that a part or the whole of the estate is perishable, the
      nature and location of such perishable property, and that there will  be
      loss if the same is not sold immediately, the judge, if satisfied of the
      facts  stated  and  that  the  sale  is  required in the interest of the
      estate, may order the  same  to  be  sold  with  or  without  notice  to
      creditors.