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Financing Accounts Receivables for Retirement and Asset Protection
by Ronald J. Adkisson

Accounts Receivables Financing

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Section 811. Enforcement and Defense of Claims

A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.

Comment

This section codifies the substance of Sections 177 and 178 of the Restatement (Second) of Trusts (1959). It may not be reasonable to enforce a claim depending upon the likelihood of recovery and the cost of suit and enforcement. It might also be reasonable to settle an action or suffer a default rather than to defend an action. See also Section 816(14) (power to pay, contest, settle, or release claims).

 

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