Guam § 50157 - Court Order: When Debtor Resides Out of Guam;

§ 50157. Court Order: When Debtor Resides Out of Guam;

Undertaking Required

. In all cases where the debtor resides out of Guam; or has departed

from Guam; or cannot, after due diligence, be found within Guam; or

conceals himself to avoid service of the order to show cause, or any other

preliminary process or orders in the matter; or is a foreign corporation

having no managing or business agent, cashier, or secretary within Guam

upon whom service or orders and process can be made, and it therefore

becomes necessary to obtain service of process and order to show cause, as

provided in § 50153 of this Title, then the petitioning creditors, upon

submitting the affidavits requisite to procure an order of publication, and

presenting a bond in double the amount of the aggregate sum of their claims

against the debtor, shall be entitled to an order of the court directing a

commissioner to take into his custody a sufficient amount of property of the

debtor to satisfy the demands of the petitioning creditors and the costs of the

proceedings. Upon receiving such order of the court to take into custody

property of the debtor, it shall be the duty of the commissioner to take

possession of the property and effects of the debtor, not exempt from execu-

tion, to an extent sufficient to cover the amount provided for, and to prepare,

within three (3) days from the time of taking such possession, a complete

inventory of all the property so taken, and to return it to the court as soon as

completed. The time for taking the inventory and making return thereof may

be extended for good cause shown to the court. The commissioner shall also

prepare a schedule of the names and residences of the creditors, and the

amount due each, from the books of the debtors, or from such other papers

or data of the debtor available as may come to his possession, and shall file

such schedule list of creditors and inventory with the clerk of the court.