Tex. Business & Commerce Code § 23.33: NONCONSENTING CREDITOR'S RIGHT TO SURPLUS.
Where this section sits in the code
- BUSINESS AND COMMERCE CODE
- TITLE 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD
- CHAPTER 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS
- SUBCHAPTER D. DUTIES AND RIGHTS OF CREDITORS
If a creditor does not consent to an assignment, he may garnishee the assignee for the excess of the assigned estate remaining in the assignee's possession after the assignee has paid
(1) each consenting creditor the amount of his claim allowed under Section 23.31(b) of this code; and
(2) the expense of carrying out the assignment.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.
Collected 2026-08-27T01:46:56Z. Source file · JSON