Section 5. Notice to creditors to present claims  


Latest version.
  • The judge may, upon the
      petition of the assignee, authorize him to advertise  for  creditors  to
      present  to him their claims, with the vouchers therefor, duly verified,
      on or before a day to be specified in such advertisement, not less  than
      ten  days  from  the  publication thereof, which advertisement or notice
      shall be published in one newspaper, to be designated by the  judge,  as
      most  likely  to  give notice to the persons to be served, at least once
      and such additional times as the judge may direct; the last  publication
      shall be at least one week prior to the date specified.
        Said  verified  claim of creditor shall set forth whether any, and, if
      so, what securities are held for such claim, and whether  any,  and,  if
      so, what payments have been made thereon.
        Whenever  a  claim  is  founded  upon  an  instrument in writing, such
      instrument, unless lost or destroyed, shall be  filed  with  the  claim.
      After  the  claim  is  allowed  or  disallowed,  such  instrument may be
      withdrawn by permission of the court. If  such  instrument  is  lost  or
      destroyed,  a  statement  of  such fact and of the circumstances of such
      loss or destruction shall be filed under oath with the claim.