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This entry was published on 2014-09-22
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Proceedings on presentation of petition
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 5
§ 128. Proceedings on presentation of petition. Upon the presentation
of the petition, schedule, and affidavit, with due proof of service or
publication, as prescribed in the last three sections, the court must
make an order, directing the petitioner to be brought before it, on a
day designated therein; and on that day, or on such other days as it
appoints, the court must, in a summary way, hear the allegations and
proofs of the parties. If the court is satisfied that the petition and
schedule are correct, and that the petitioner's proceedings are just and
fair, it must make an order, directing the petitioner to execute, to one
or more trustees, designated in the order, an assignment of all his
property, not expressly exempt by law from levy and sale by virtue of an
execution; or of so much thereof as is sufficient to satisfy the
execution or executions, by virtue of which he is imprisoned.