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Code · Nebraska · Chapter 6 — Assignment for Creditors

6-108. Duties of assignor.

336 words·~2 min read·/ne/chapter-6/6-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Subject to section 6-123 , an assignor has a duty to take all reasonable actions necessary for the assignee to administer the assignment, the assigned assets, and the assignment estate.
(b)In furtherance of the duty under subsection
(a)of this section, the assignor shall:
(1)preserve and turn over to the assignee the assigned assets in the assignor's possession or control;
(2)provide to the assignee information reasonably necessary to administer the assignment, the assigned assets, and the assignment estate;
(3)sign any record reasonably necessary to transfer an assigned asset and comply with any notarization required under other law;
(4)designate, and provide the assignee with the name, address, and other contact information reasonably necessary to communicate with, an appropriate person willing and able to act as a representative on behalf of the assignor as may be reasonably necessary to administer the assignment, the assigned assets, and the assignment estate;
(5)if the assignment includes a legal or equitable interest in real property or titled personal property, cooperate with the assignee in taking actions under section 6-106 ;
(6)on or as soon as practicable after the effective date of the assignment agreement, provide the assignee:
(A)a list of all assets;
(B)a list of all the assignor's employees, including those whose employment is terminated in connection with the assignment; and
(C)a list of all the assignor's known creditors, including, for each creditor, the creditor's address and other contact information reasonably necessary to communicate with the creditor;
(7)verify under penalty of perjury the accuracy of the lists required under subdivision (b)(6) of this section;
(8)with respect to a legal or equitable interest in property restricted from assignment, cooperate with the assignee to obtain consent from a person whose consent to assign the interest is necessary under other law; and
(9)provide assistance to the assignee as required by the assignment agreement.
(c)The duties in this section also apply to a representative designated under subdivision (b)(4) of this section.
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