MARVIN MANDEL, Governor

611

GENERAL REVISOR'S NOTE

In revising the Consumer Protection Act, presently
appearing in Art. 83 of the Code (now Title 13 of this
article), the Commission to Revise the Annotated Code
noted several provisions which, unlike the balance of
that Act, clearly are but contractual in nature and not
of a criminal, prohibiting nature (i.e., neither referred
to as an "unlawful practice" or "unfair or deceptive
trade practice" nor otherwise couched in prohibitory
terms) and, therefore, apparently not subject to the
criminal penalties in the Act or to the general
jurisdiction of and enforcement by the Division of
Consumer Protection. For purposes of organizational
clarity, these provisions have been transferred to this
subtitle.

Present §21A (now §14-1104), which deals with the
unsolicited goods of merchandise, does commence with
language of prohibition ("No person...shall..." in the
original); however, the scheme of that section, which
provides that the merchandise is an unconditional gift to
the recipient, does not lend itself to the construction
that the mere sending of an unsolicited item is intended
to be a criminal offense. Consequently, it is included
in this subtitle rather than retained in Title 13.

TITLE 15. DEBT COLLECTION - SPECIAL PROVISIONS.

SUBTITLE 1. PREFERENCES AND PRIORITIES IN INSOLVENCY;
ASSIGNMENT FOR BENEFIT OF CREDITORS.

[[15-501] 15-101. PREFERENCES IN INSOLVENCY.

(A)   IN GENERAL.

ANY ASSIGNEE FOR THE BENEFIT OF CREDITORS OR
RECEIVER OF THE ASSETS OF AN INSOLVENT SHALL BE VESTED
WITH FULL TITLE TO ALL THE PROPERTY AND ASSETS OF THE
INSOLVENT AND WITH FULL POWER TO ENFORCE OBLIGATIONS OR
LIABILITIES IN FAVOR OF THE INSOLVENT.

(B)   PREFERENCES, PAYMENTS, AND TRANSFERS.

ALL PREFERENCES, PAYMENTS, AND TRANSFERS MADE OF
SUFFERED BY THE INSOLVENT WHICH ARE FRAUDULENT, VOID, OR
VOIDABLE UNDER ANY ACT OF THE CONGRESS OF THE UNITED
STATES RELATING TO BANKRUPTCY ARE FRAUDULENT, VOID, OR
VOIDABLE, RESPECTIVELY, UNDER THIS SUBTITLE.

(C)   POWERS OF ASSIGNEE OR RECEIVER.

ANY ASSIGNEE FOR THE BENEFIT OF CREDITORS OR
RECEIVER OF THE ASSETS OF AN INSOLVENT MAY SET ASIDE ANY: