39 Pa. Stat. § 37

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 37 - Assignment to be filed in court of common pleas; documents filed with assignment; oath of insolvent

Within five days thereafter a copy of said deed shall be filed by the assignor in the court of common pleas of the said county together with: (one), a schedule of all the assets of said debtor, whether real or personal, and wheresoever situate, whether in possession, reversion, remainder or in trust, and whether presently valuable or otherwise, and stating what evidences there are or should be thereof, the present value as near as may be, and the liens or claims if any thereagainst; (two), a list of the creditors, with the amounts of their claims, the exact addresses of the creditors, how and where the debts arose, what evidences thereof there may be, and what security or claims against other persons the creditors may have for the payment of the same or any part thereof; (three), a full statement of the cause of his insolvency; (four), a list of all the judgments confessed, or payments, pledges, assignments, transfers, conveyances or encumbrances made by him in payment of, or as security for, a pre-existing debt, or for the benefit of himself or family, or with intent to prefer one creditor to another, or out of the usual and ordinary course of his business, within three months prior to his assignment, and the consideration therefor. And attached thereto shall be an oath by the insolvent in the following form:

I do swear (or affirm) that all the schedules above set forth are in all respects just and true; that I have not at any time, or in any manner whatsoever, since my insolvency, disposed of or made over any part of my estate for the future benefit of myself or my family, or in order to defraud any of my creditors; that I have, in no instance, credited or acknowledged a debt for a greater sum than I honestly and truly owed; that I have not preferred or attempted to prefer one creditor over another since my insolvency, except as in said schedule set forth; that I have not withheld, concealed, entrusted, or in any way disposed of or encumbered, any of my property which should justly be delivered over for the benefit of my creditors; that I have not changed, altered or falsified any of my books or papers, but have delivered the same to my assignees for the purposes of my estate; and that if any further assets of my estate come to my knowledge I will forthwith disclose or deliver the same to my assignee. So help me God (or, and so I do affirm).

39 P.S. § 37

1901, June 4, P.L. 404, § 9.