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Texas Business & Commerce Code

§ 23.22 — EXAMINATION OF DEBTOR OR OTHER PERSON

BC § 23.22Title 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD · Ch. 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS · Art. C. DUTIES AND RIGHTS OF ASSIGNEE

Statute text

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(a)The court in which a proceeding involving an assigned estate has been filed may, after reasonable notice to each person concerned, compel any person to answer questions under oath on
(1)application of a creditor of the assigning debtor; or
(2)its own motion.
(b)The court may compel attendance and an answer to any question concerning the assigned estate by writ or order as in other cases. Questions asked and answers given during the examination shall be in writing, the person examined shall swear to and sign his answers before the clerk, and the questions and answers shall be filed with the clerk for use by anyone interested in the proceeding.
(c)The court shall charge the cost of the examination against the applicant or the assigned estate, as the court deems proper.
(d)The assigning debtor may not be prosecuted or punished for an answer given by him during the examination.

Legislative history

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1.

Source: Texas Business & Commerce Code § 23.22 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.