Nebraska Revised Statute 6-118

Chapter 6

6-118.

Assignee removal; successor assignee.

(a) The assignor or a creditor may request a court of competent jurisdiction in this state to remove the assignee, if the assignor or creditor has a reasonable belief grounds for removal exist under subsection (b) of this section.

(b) After a request under subsection (a) of this section or on the court's initiative in an action pending before the court under section 6-121, the court may remove an assignee:

(1) for cause, including the assignee's fraud, dishonesty, incompetence, gross mismanagement, or failure to comply with the Uniform Assignment for Benefit of Creditors Act; or

(2) if removal of the assignee best serves the interests of the creditors.

(c) After an assignee resigns, or is removed, dies, or becomes incapacitated, a successor assignee provided for in the assignment agreement becomes the assignee, unless the successor assignee is not eligible to be an assignee under subsection (a) of section 6-104 or is subject to removal under subsection (b) of this section. A court shall appoint a successor assignee if:

(1) the assignment agreement does not provide for a successor assignee; or

(2) the successor assignee provided for in the assignment agreement is ineligible to be an assignee under subsection (a) of section 6-104 or is subject to removal under subsection (b) of this section.

(d) Subject to section 6-117, an assignee that resigns, or is removed, dies, or becomes incapacitated, is discharged from the assignee's duties under the Uniform Assignment for Benefit of Creditors Act when the assignee, or a representative of a deceased or incapacitated assignee:

(1) accounts for and turns over to the successor assignee all assets of the assignment estate; and

(2) submits to creditors a report summarizing the receipts and disbursements made during the service of the assignee.

(e) Subject to an applicable privilege, a court may order an attorney, accountant, or other person that has information in a record relating to the assignment estate or the assignor's financial affairs to turn over or disclose the record to the successor assignee.

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