N.Y. Debtor & Creditor Law Section 12
Notices to parties interested in the estate as creditors or otherwise

Parties interested in the estate as creditors, or parties otherwise interested, if the judge so directs, shall have at least ten days’ notice by mail to their respective addresses as they appear in the schedule filed by the assignor, or at such other addresses as they shall have filed with the assignee, of (a) all proposed sales of property, (b) the declaration and time of payment of dividends, (c) the filing of the interim account and the filing of the final account of the assignee and of the hearing thereon, (d) the proposed compromise of any controversy. Such notice may be published as the judge shall direct and must be returnable in court. The judge may cause such notices to be sent or published on the petition of the assignee at any time after the assignment, or on petition of any other person interested in the estate, at any time after the lapse of sixty days from the filing of such assignment, or where an assignee has been removed and ordered to account as hereinbefore provided on the petition of a creditor, or an assignee’s surety, or assignor, and on good cause being shown, the judge may grant an order directing the assignee to show cause at the time specified why a sale of the property should not be had or a dividend should not be paid, or a settlement of his account should not be had, or such other matters as in the opinion of the judge should be disposed of. Upon the hearing and determination of such order to show cause the judge may make such order in the premises as justice requires. Whenever the assignee has filed his final account the judge shall fix a date for the final hearing to consider the judicial settlement of the account, which date shall not be less than fifteen days following the filing of the account and notices shall be given to the creditors as provided in this section.

Source: Section 12 — Notices to parties interested in the estate as creditors or otherwise, https://www.­nysenate.­gov/legislation/laws/DCD/12 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 12’s source at nysenate​.gov

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