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Act No. 1956 Section 36

Section 36

SEC. 36. The said assignee shall have power: 1. To sue and recover all the estate, assets, debts, and claims, belonging to or clue to such debtor; and no set-off or counterclaim shall he allowed in any such suit for debts contracted by the insolvent within thirty days immediately preceding the filing of of insolvency except in case of creditors specified in this Act. 2. To take into his possession all the estate of such debtor exempt by law from execution, whether attached or delivered in him, or afterwards discovered, and all books, vouchers, evidence of indebtedness, and securities belonging to the same. 3. In case of a nonresident or absconding or concealed debtor to demand and receive of every sheriff who shall have attached any of the properly of such debtor, or who shall have in his possession any moneys arising from the sale of such property, all such property and moneys, on paying him his lawful costs and charges for attaching and keeping the same. 4. From time to time to sell at public auctions after advertisement in the manner provided by subsections (1), (2), and (3) of section four hundred and fifty-four of the Code of Civil Procedure, upon order of the court, any of the estate, real and personal, which has come into his possession, and which is vested in him as such assignee, and on such sales to execute the necessary conveyances and bills of sale. 5. To redeem all valid mortgages and conditional contracts, and all valid pledges of personal property, and to satisfy any judgments which may be an incumbrance on any property sold by him; or to sell such property, subject to such mortgage, contracts, pledges, judgments, or liens. 6. To settle all matters and accounts between such debtor and debtors, subject to the approval of the court. 7. Under the order of the court or judge appointing him, to compound with any person indebted to such debtor, and thereupon discharge all demands against such person. 8. To recover from any person receiving a conveyance, gift, transfer, payment, or assignment, made contrary to any provision of ibis Act. the property thereby transferred or assigned; or in case a redelivery of the property can not be had, to recover the value thereof, with damages for the detention.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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