Cases on the Law of Bankruptcy: Including the Law of Fraudulent ConveyancesEvans Holbrook, Ralph William Aigler Callaghan, 1915 - 764 páginas |
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Página 10
... Application for a dis- charge cannot be made until after the expiration of one month from adjudication . § 14 . Form No. 57 gives the form of petition for discharge and the order for hearing to be entered thereon , requiring notice to ...
... Application for a dis- charge cannot be made until after the expiration of one month from adjudication . § 14 . Form No. 57 gives the form of petition for discharge and the order for hearing to be entered thereon , requiring notice to ...
Página 11
... application for a discharge is required . Proceedings in bankruptcy are , generally speaking , in the nature of proceedings in rem , as Mr. Justice Grier remarked in Shawhan v . Wherritt , 7 How . 643 , 12 L. ed . 854. And in New Lamp ...
... application for a discharge is required . Proceedings in bankruptcy are , generally speaking , in the nature of proceedings in rem , as Mr. Justice Grier remarked in Shawhan v . Wherritt , 7 How . 643 , 12 L. ed . 854. And in New Lamp ...
Página 14
... application of the property of their debtor to the satisfaction of their just demands ; but , unless there are special circumstances giving priority of right to the demands of one creditor over another , the rule of equity would require ...
... application of the property of their debtor to the satisfaction of their just demands ; but , unless there are special circumstances giving priority of right to the demands of one creditor over another , the rule of equity would require ...
Página 16
... application . The assignment in this case being in our judgment valid and binding , there was no property in the hands of the plaintiffs in error which the assignee in bankruptcy could claim . The assign- ment to them divested the ...
... application . The assignment in this case being in our judgment valid and binding , there was no property in the hands of the plaintiffs in error which the assignee in bankruptcy could claim . The assign- ment to them divested the ...
Página 48
... application in bankruptcy in the Southern District of Illinois , and to secure his discharge , and with the intention of going west immediately thereafter . did not eat at his lodging , and the record does not show where he was ...
... application in bankruptcy in the Southern District of Illinois , and to secure his discharge , and with the intention of going west immediately thereafter . did not eat at his lodging , and the record does not show where he was ...
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Cases on the Law of Bankruptcy, Including the Law of Fraudulent Conveyances Evans Holbrook Sin vista previa disponible - 2015 |
Términos y frases comunes
30 Stat act of bankruptcy adjudged a bankrupt adjudication alimony alleged allowed amendment amount application assets assignment attachment bank Bankr bankrupt law bankruptcy act bankruptcy proceedings benefit cause of action Circuit Court claim clause Company contingent contract conveyance Court of Appeals damages debtor decree deed defendant defraud discharge in bankruptcy District Court entitled execution exempt fact filing fixed liability four months fraud fraudulent fraudulent conveyance held indorser insolvent intent interest judgment jurisdiction Justice lease leasehold estate levy liability lien ment mortgage mutual credits opinion paid parties payment person petition in bankruptcy plaintiff plaintiff in error preference preferred creditor prior provable debts proved provisions purchase question reason received referee rupt ruptcy set-off sold statute subrogated Supreme Court surety thereof tion torts transfer trustee in bankruptcy U. S. Comp void voidable voluntary
Pasajes populares
Página 565 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which Is exempt...
Página 47 - all levies, judgments, attachments, or other liens, obtained, through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Página 45 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred unless he was a bona fide holder for value prior to the date of the adjudication.
Página 252 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them ; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors...
Página 506 - ... after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer ; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the...
Página 80 - Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...
Página 106 - ... transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors; or (3) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final dis position of any property affected by such preference vacated or discharged such preference...
Página 727 - The judge shall confirm a composition if satisfied that (1) it is for the best interests of the creditors; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge...
Página 646 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Página 298 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.