Texas Business & Commerce Code

§ 23.30 — CREDITOR'S CONSENT TO ASSIGNMENT

BC § 23.30Title 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD · Ch. 23. ASSIGNMENTS FOR THE BENEFIT OF CREDITORS · Art. D. DUTIES AND RIGHTS OF CREDITORS

Statute text

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(a)A creditor must inform the assignee in writing of his consent to the assignment within four months after the assignee gives the notice required by Section 23.17 of this code.

(b)If a creditor is not given actual notice of an assignment, but subsequently learns of the assignment, he may consent to the assignment at any time before the first distribution of the assigned estate is begun.

(c)Receipt by a creditor of payment for part of his claim from the assignee is conclusive evidence of the creditor's consent to the assignment.

(d)If a creditor does not consent to an assignment, he is not entitled to receive any of the assigned estate under the assignment.

Legislative history

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