6-109. Duties of assignee.
393 words·~2 min read·
/ne/chapter-6/6-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Subject to section 6-123 , an assignee has a fiduciary duty to the assignment estate for the benefit of creditors:
(1)of loyalty, including the duty to manage the assignment in good faith;
(2)to use reasonable care to maximize distributions under section 6-115 ; and
(3)to wind up the assignment under section 6-119 in a manner compatible with the best interests of the assignment estate and creditors.
(b)Without limitation on the duties under subsection
(a)of this section, and subject to section 6-123 , the assignee also has a duty to:
(1)maintain a separate deposit account for funds related to the assignment;
(2)collect on or dispose of each assigned asset, unless the assignee determines it is more economically efficient to abandon the asset;
(3)prepare and retain appropriate business records, including a record of each receipt, disbursement, and collection on or disposition of an assigned asset;
(4)pay administrative expenses of the assignment estate, to the extent the assignment estate has sufficient unencumbered assets;
(5)establish a method that is reasonably designed to permit a creditor to submit a proof of claim;
(6)establish a single date by which creditors whose claims are not otherwise allowed without timely proofs of claim under the Uniform Assignment for Benefit of Creditors Act must submit proofs of claim, which must be not less than ninety days and not more than two hundred ten days after the effective date of the assignment agreement;
(7)unless a claim would receive minimal or no distribution without regard to the claim's validity or asserted priority, examine the validity and priority of claims against the assignment estate and, if necessary, consult with the representative designated by the assignor under subdivision (b)(4) of section 6-108 ;
(8)at least every six months, provide to each creditor a summary of the assets, liabilities, and expenses of the assignment estate;
(9)comply with all requirements of the Internal Revenue Service and state and local taxing authorities;
(10)send a notification to each creditor of the assignee's compensation and any change in the method of determining the assignee's compensation from the method provided in the assignment agreement;
(11)send a final accounting under subsection
(a)of section 6-119 ; and
(12)comply with the other requirements imposed on the assignee under the Uniform Assignment for Benefit of Creditors Act.