Research


Scope and Content Note

Insolvency papers include documents relating to the assignment and sale of property of insolvent debtors who petitioned for relief, or the attachment and sale of property of "absconding, concealed, or non-resident debtors." A typical file contains the following documents: petition of insolvent debtor and his creditors (representing three-fourths of the total amount owed by him) requesting that the insolvent's property be assigned to a trustee for sale, or petition of creditors of an absconding, concealed or non-resident debtor; affidavit of each petitioning creditor giving amount of debt and stating that he has received no payment for requesting this assignment; accounts of debts owed by the insolvent debtor to all creditors, giving their names and the amounts; inventory and account of the real and personal estates of the insolvent debtor; order to advertise the impending sale of this property, directing other creditors to show cause why the sale should not be made; affidavit of publication, including clippings of newspaper advertisements; order for assignment of the insolvent's property to trustees for sale for benefit of the creditors; certificate of assignment by trustees (assignees), stating that the property has been delivered to them; and affidavit or report of assignment discharging the insolvent from further liability for debts incurred prior to the date of his petition.

The file typically includes the following documents: petition by creditors for attachment of debtor's property, itemizing and totaling all debts; affidavits of other persons stating that the debtor has absconded or concealed himself; warrant to sheriff to attach property of the debtor; and appraisal of real property and inventory of personal property of the insolvent. Other documents in a file for this type of debtor correspond to those found for voluntary assignments: court order appointing trustees to dispose of property, order for publication of notice of sale and affidavit of publication, and final report on attachment proceedings. The proceedings in the case of an absconding, concealed, or non-resident debtor were governed successively by laws of 1786, 1801, and 1829.