§ 1373. Statute of limitations, when not to run. Pending insolvency proceedings by or against any person, partnership, association, or corporation, no statute of limitations shall run upon a claim of or against the estate of the debtor. [Enacted 1953.]

§ 1374. Creditor may be represented by attorney. Any creditor, at any stage of the proceedings, may be represented by his attorney or duly authorized agent, and the attorney or agent, properly authorized, shall be entitled to vote at any creditors' meeting as and for his principal. [Enacted 1953.]

§ 1375. Exemption certain property. It shall be the duty of the court having jurisdiction of the proceedings, upon petition and after hearing, to exempt and set apart, for the use and benefit of said insolvent, such real and personal property as is by law exempt from execution, and also a homestead; but no such petition shall be heard as aforesaid until it is first proved that notice of the hearing of the application therefor has been duly given by the clerk, by causing such notice to be posted in at least three public places in the town or city at least ten (10) days prior to the time of such hearing, which notice shall set forth the name of said insolvent debtor, and the time and place appointed for the hearing of such application, and shall briefly indicate the homestead sought to be exempted or the property sought to be set aside; and the decree must show that such proof was made to the satisfaction of the court, and shall be conclusive evidence of that fact. [Enacted 1953.]

§ 1376. Insolvency proceedings, when deemed commenced. The filing of a petition by or against a debtor upon which or upon an amendment of which an order of adjudication in insolvency may be made, shall be deemed to be the commencement of proceedings in insolvency under this Title. [Enacted 1953.]

§ 1377. Receivers. Upon the filing of either a voluntary or involuntary petition in insolvency, a receiver may be appointed by the court in which the proceeding is pending, at any time before the election of an assignee, when it appears by the verified petition of a creditor that the assets of the insolvent, or a considerable portion thereof, have been pledged, mortgaged, transferred, assigned, conveyed, or seized, on legal process, in contravention or violation of the provisions of § 1370 of this

Title, and that it is necessary to commence an action to recover the same. The appointment, oath, undertaking, and powers of such receiver shall in all respects be regulated by the laws of Guam applicable to receivers. When an assignee is chosen, and has qualified, the receivers shall forthwith return to court an account of the assets and property which have come into his possession, and of his disbursements, and a report of all actions or proceedings commenced by him for the recovery of any property belonging to the estate, and the court shall thereupon summarily hear and settle the receiver's account, and shall allow him a just compensation for his service and his expenses, including a reasonable attorney's fee, whereupon the receiver shall deliver all property, assets, or effects remaining in his hands, to the assignee who shall be substituted for the receiver in all pending actions or proceedings. [Enacted 1953.]

§ 1378. Attachment. When an attachment has been made and is not dissolved before the commencement of proceedings in insolvency, or is dissolved by an undertaking given by the defendant, if the claim upon which the attachment suit was commenced is proved against the estate of the debtor, the plaintiff may prove the legal costs and disbursements of the suit, and of the keeping of the property, and the amount thereof shall be a preferred debt. [Enacted 1953.]

§ 1379. Costs. In all contested matters in insolvency the court may, in its discretion, award costs to either party to be paid by the other, or to either or both parties to be paid out of the estate, as justice and equity may require. In awarding costs, the court may issue execution therefor. In all involuntary cases under this Title, the court shall allow the petitioning creditors out of the estate of the debtor, if any adjudication of insolvency be made, as a preferred claim, all legal costs and disbursements incurred by them in that behalf. [Enacted 1953.]

§ 1380. Dismissal. If no creditor files written objection, the court may, upon the application of the debtor, if it be a voluntary petition, or of the petitioning creditors if a creditor's petition, dismiss the petition and discontinue the proceedings at any time before the appointment of an assignee, upon giving not less than two (2) weeks nor more than three (3) months notice to the creditors, in the same manner that notice of the time and place of election of an assignee is given; provided however, that by written consent of all creditors filed in the court the pro

ceedings may be dismissed at any time. After the appointment of an assignee, no dismissal shall be made without the consent of all parties interested in or affected thereby. [Enacted 1953.]

§ 1381. Appeal to District Court. An appeal may be taken to the District Court in the following cases:

1. From an order granting or refusing an adjudication of insolvency and, in the latter case, from the order fixing the amount of costs, expenses, damages, and attorney's fees allowed the debtor.

2. From an order made at the hearing of any account of an assignee, allowing or rejecting a creditor's claim, in whole or in part, when the amount in dispute exceeds three hundred dollars ($300.00).

3. From an order allowing or denying a claim for property not belonging to the insolvent presented under § 1340 of this Code.

4. From an order settling an account of an assignee.

5. From an order against or in favor of setting apart homestead or other property claimed as exempt from execution.

6. From an order granting or refusing a discharge to the debtor.

The provisions of this Code shall govern appeals under this Title, except that when an assignee has given an official undertaking and appeals from a judgment or order in insolvency, his official undertaking stands in the place of an undertaking on appeal, and the sureties thereon are liable on such undertaking; provided however, that an interlocutory appeal shall not stay proceedings unless a written undertaking be entered into on the part of the appellant, with at least two sureties, in such an amount as the court may direct, but not less than double the value of the property involved, to the effect that if the order appealed from be affirmed, or the appeal dismissed, appellant will pay all costs and damages which the adverse party may sustain by reason of the appeal and the stay of proceedings. [Enacted 1953.]

TITLE IX

Proceedings in Probate Court

§ 1398. General.

§ 1399.

Establishment of fact of death.

§ 1398. General. All sections under this Title have been included and embodied in the Probate Code except the following. [Enacted 1953.]

§ 1399. Establishment of fact of death. Whenever title to or an interest in real property is affected by the death of any person, any person who claims any interest in such real property, which interest is affected by the death of such person, may, and a surviving joint tenant or surviving joint tenants must, file in the Island Court a verified petition setting forth those facts, and particularly describing the real property and his interest therein.

The clerk must set the petition for hearing by the court and give notice thereof by causing notice of the time and place of hearing to be posted in Agana, at least ten (10) days before the hearing, provided the court may order such further notice to be given as in his judgment may seem proper.

The court shall take evidence for or against the petition and may render judgment thereon establishing the fact of such death, which judgment shall be prima facie evidence of the fact of such death.

A certified copy of the decree may be recorded in the Office of Vital Statistics. [Enacted 1953; reference to "Department of Finance" changed by Editor to "Office of Vital Statistics," pursuant to Chapter IV, Title X, Government Code of Guam (1970)].

[EDITOR'S NOTE: P.L. 2-56, effective February 9, 1954, added §§ 1193-1195 to the Probate Code concerning establishment of fact of death, which would seem to render this Title and §§ 13981399 of this Code unnecessary.]

[NOTE: Original Title IX, Sole Traders, consisting of §§ 18111821, was repealed in its entirety be P.L. 2-82, effective July 8, 1954; present Title IX renumbered from Title VIII by P.L. 6-133, effective July 26, 1962.]

§ 1502. Remedies additional to those now existing.

§ 1503. Extent of duties of support.

§ 1500. Purposes. The purposes of this Act are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1501.

Definitions. As used in this Act unless the context requires otherwise:

(a) "State" includes any state, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted.

(b) "Initiating state" means any state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.

(c) "Responding state" means any state in which any proceeding pursuant to the proceeding in the initiating state is or may be commenced.

(d) "Court" means the Island Court of Guam and when the context requires, means the court of any state as defined in a substantially similar reciprocal law.

(e) "Law" includes both common and statute law.

(f) "Duty of support" includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, legal separation, separate maintenance or otherwise.

(g) "Obligor" means any person owing a duty of support.