H.B. 382
Signed into LawUniform Assignment for Benefit of Creditors Amendments
Uniform Assignment for Benefit of Creditors Amendments
Introduction
Jan 27
House Rules
House Committee
Feb 9
House Floor Vote
Feb 18
Senate Rules
Feb 19
Senate Committee
Feb 24
Senate 2nd Reading
Feb 26
Senate 3rd Reading
Feb 27
Governor Signed
Mar 23
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.
H.B. 382
Signed into LawUniform Assignment for Benefit of Creditors Amendments
Introduction
Jan 27
House Rules
House Committee
Feb 9
House Floor Vote
Feb 18
Senate Rules
Feb 19
Senate Committee
Feb 24
Senate 2nd Reading
Feb 26
Senate 3rd Reading
Feb 27
Governor Signed
Mar 23
IntroductionJan 27
House Rules
House CommitteeFeb 9
House Floor VoteFeb 18
Senate RulesFeb 19
Senate CommitteeFeb 24
Senate 2nd ReadingFeb 26
Senate 3rd ReadingFeb 27
Governor SignedMar 23
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.
Votes
Motion: Favorable Recommendation
Motion: Favorable Recommendation
Documents
Floor Debates
Committee Hearings
Other Versions
Original
Subjects
Action History37
Governor Signed
Lieutenant Governor's office for filing
House/ to Governor
Executive Branch - Governor
House/ received enrolled bill from Printing
Clerk of the House
House/ enrolled bill to Printing
Clerk of the House
Enrolled Bill Returned to House or Senate
Clerk of the House
Last updated Mar 26, 2026, 9:41 PM
