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H.B. 382

Signed into Law

Uniform Assignment for Benefit of Creditors Amendments

View on le.utah.gov
H.B. 382Signed into Law

Uniform Assignment for Benefit of Creditors Amendments

House
Senate
Governor

What This Bill Does

This bill enacts the Uniform Assignment for Benefit of Creditors Act.

Key Provisions

This bill:

  • defines terms;
  • establishes scope provisions, and eligibility requirements for assignors, assignees, and assignment agreements, including independence standards and fiduciary duties for assignees;
  • establishes the legal effect of an assignment, filing and recording requirements, creditor notification procedures, and mandatory duties of both an assignor and an assignee throughout the administration of the assignment estate;
  • establishes a process for submitting, allowing, disputing, and disallowing a creditor claim;
  • establishes a comprehensive priority scheme for distributions from the assignment estate;
  • grants an assignee defined powers to operate businesses, dispose of assets, pursue and defend claims, avoid certain transfers, and wind up the assignment, subject to fiduciary obligations and judicial oversight;
  • addresses liability standards, assignee removal and replacement, final accounting and discharge, interstate recognition of assignments, and limits on contractual variation to ensure uniform application; and
  • repeals the existing assignment for benefit of creditors code.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Utah law allows a financially distressed business or individual to voluntarily hand over all their assets to an independent third party — called an assignee — who then sells or collects on those assets and distributes the proceeds to creditors in a set order of priority. This bill replaces Utah's existing law governing that process with the Uniform Assignment for Benefit of Creditors Act, a standardized framework adopted by multiple states. The new law sets detailed rules for who can serve as an assignee (requiring independence from both the debtor and creditors), what the written assignment agreement must include, how creditors are notified and submit claims, in what order creditors get paid (secured creditors first, then administrative costs, then wages owed to workers, then other unsecured creditors), and how the process wraps up with a final accounting. It also gives assignees broad powers to operate businesses, sell assets, pursue legal claims, and undo certain improper transfers made before the assignment, while holding them to a fiduciary duty — meaning a legal obligation to act in the best interests of creditors.