Utah Code Ann. § 6-2-117

Assignee removal -- Successor assignee.

Effective May 6, 2026Enacted by Chapter 314, 2026 General Session
  1. (1) The assignor or a creditor may request a court with jurisdiction to remove the assignee, if the assignor or creditor has reasonable grounds for removal exist under Subsection (2).
  2. (2) After a request under Subsection (1) or on the court's initiative in an action pending before a court with jurisdiction in accordance with Section 6-2-120, the court may remove an assignee:

    1. (a) for cause, including the assignee's fraud, dishonesty, incompetence, gross mismanagement, or failure to comply with this chapter; or
    2. (b) if removal of the assignee best serves the interests of the creditors.
  3. (3)

    1. (a) 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 6-2-103(1) or is subject to removal under Subsection (2).
    2. (b) A court with jurisdiction shall appoint a successor assignee if:

      1. (i) the assignment agreement does not provide for a successor assignee; or
      2. (ii) the successor assignee provided for in the assignment agreement is ineligible to be an assignee under Subsection 6-2-103(1) or is subject to removal under Subsection (2).
  4. (4) Subject to Section 6-2-116, an assignee that resigns, or is removed, dies, or becomes incapacitated, is discharged from the assignee's duties under this chapter when the assignee, or a representative of a deceased or incapacitated assignee:

    1. (a) accounts for and turns over to the successor assignee all assets of the assignment estate; and
    2. (b) submits to creditors a report summarizing the receipts and disbursements made during the service of the assignee.
  5. (5) Subject to an applicable privilege, a court with jurisdiction 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.

Enacted by Chapter 314, 2026 General Session

Log InSign Up