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THE LAW AND PRACTICE IN

BANKRUPTCY

VOLUME II

SECTION FORTY-FOUR

APPOINTMENT OF TRUSTEES

§ 44. Appointment of Trustees.—a The creditors of a bankrupt estate shall, at their first meeting after the adjudication or after a vacancy has occurred in the office of trustee, .or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, or if there is a vacancy in the office of trustee, appoint one trustee or three trustees of such estate. If the creditors do not appoint a trustee or trustees as herein provided, the court shall do so.

Analogous provisions: In U. S.: Act of 1867, §§ 13, 18, R. S., §§ 6034, 5036, 5038, 5039, 5040, 5041, 5042; Act of 1841, § 3; Act of 1800, §§ 6, 7. In Eng. Act of 1883, §§ 21, 84; Act of 1914, §§ 19, 53 (4), 77, 95; as to official receiver being trustee, Act of 1883, §§ 54 (1), 121; Act of 1914, §§ 53 (1), 129.

In Can.: Act of 1919, §§ 6, 14, 15.

Cross-references: To the law: Trustee includes all of the trustees of an estate,

§ 1 (26).

Jurisdiction of bankruptcy court to appoint trustees, § 2 (17).

Qualifications, death or removal of trustee, §§ 45, 46.

Duties of trustees, generally, § 47; compensation, § 48.

Accounts and papers; bonds, §§ 49, 50-b, c, k.

Meetings of creditors, how conducted, § 55; voting.at creditors' meetings, § 56.

Proof and allowance of claims, § 57; provable debts, § 63.

To the General Orders: Appointment of trustee subject to approval of referee or judge, XIII.

Official trustees not to be appointed, XIV.

Trustee not appointed in voluntary cases where there are no assets, XV.
Notice to trustee of his appointment, XVI.

Special duties of trustee, XVII.

Special meetings of creditors because of vacancy, XXV.

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