West Virginia Code § 38-13-9

Sales by trustee; creditors may prescribe manner and terms; powers of
Open in Lexace · Ask the AI about this section
fiduciary commissioner; compromising claims; continuing operation of business.
At the first meeting of creditors a majority in number and amount of the creditors present
may prescribe in what manner and on what terms the property belonging to the estate shall
be sold, and the trustee shall not sell, or otherwise dispose of, any property belonging to the
estate prior to the first meeting of the creditors, unless expressly authorizede to do so by the
fiduciary commissioner after good cause therefor has been shown. The trustee shall not sell
or otherwise dispose of, the property belonging to the estate for less thran seventy-five
percent of its appraised value without the approval of the fiduciary commissioner. The
trustee may compromise or compound any claim or debt belonging to the estate with the
approval of the fiduciary commissioner. All sales by the trustee shall be made at public
auction, unless otherwise ordered by the fiduciary commissitoner or authorized by the
creditors. The trustees shall give at least ten days' notice by mail to all of the creditors of the
time and place of sale of any property belonging to the estate of the value of $500, or more,
and shall advertise the sale as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and the publication area for such
publication shall be the county. Such notice and advertisement may be waived by the
creditors at their first meeting. Upon application to the fiduciary commissioner, and for good
cause shown, the trustee may be authorized to sell any portion of the estate at private sale,
in which case he shall keep an accurate record of each article sold, the price received
therefor and to whom sold, which account he shall file with the fiduciary commissioner.
Upon application by the trusteee or a creditor setting forth that a part or the whole of the
estate is perishable, the nature and location of such perishable property, and that there will
be loss if the same is noLt sold immediately, the fiduciary commissioner, if satisfied, of the
facts stated and that the sale is required in the interests of the estate, may order the same to
be sold without notic e or with such notice as he may direct. Upon application by the trustee
or a creditor sVetting forth that it is for the best interest of the estate that the trustee
continue to operate the business, the fiduciary commissioner may authorize the trustee to
operate the business until the first meeting of the creditors, at which meeting a majority in
number and amount of the creditors present shall determine whether such operation is to be
continued thereafter.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.