Cases on the Law of Bankruptcy: Including the Law of Fraudulent ConveyancesEvans Holbrook, Ralph William Aigler Callaghan, 1915 - 764 páginas |
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Resultados 1-5 de 83
Página 8
... existing laws , and no creditor could recover more from his debtor than the unexempted part of his assets . Mr. Justice Miller concurred in an opinion to that effect in the Case of Beckerford , 1 Dill . 45 , Fed . Cas . No. 1,209 . Mr ...
... existing laws , and no creditor could recover more from his debtor than the unexempted part of his assets . Mr. Justice Miller concurred in an opinion to that effect in the Case of Beckerford , 1 Dill . 45 , Fed . Cas . No. 1,209 . Mr ...
Página 14
... existing rights of others ; and an equal distribution by a debtor of his property among his creditors , when unable to meet the demands of all in full , would be deemed not only a legal proceeding , but one entitled to commendation ...
... existing rights of others ; and an equal distribution by a debtor of his property among his creditors , when unable to meet the demands of all in full , would be deemed not only a legal proceeding , but one entitled to commendation ...
Página 21
... existing right , and imposed , for the benefit of creditors , salutary safeguards around its exercise ; consequently , had the whole of the New Jersey statute been superseded , the right of a debtor to make a voluntary assignment would ...
... existing right , and imposed , for the benefit of creditors , salutary safeguards around its exercise ; consequently , had the whole of the New Jersey statute been superseded , the right of a debtor to make a voluntary assignment would ...
Página 27
... existing bankruptcy law , the insolvent laws of the state being thereby made inoperative . But it was held , on the other hand , in Gregg v . Hilsen , 12 Phila . 348 , by a court of equal authority , just the contrary of this , that ...
... existing bankruptcy law , the insolvent laws of the state being thereby made inoperative . But it was held , on the other hand , in Gregg v . Hilsen , 12 Phila . 348 , by a court of equal authority , just the contrary of this , that ...
Página 29
... existing debt or cause of action . It is further made the duty of the trustee to collect and convert the property so turned over to him , and , having accounted therefor , to distribute the same to creditors , under the direction of the ...
... existing debt or cause of action . It is further made the duty of the trustee to collect and convert the property so turned over to him , and , having accounted therefor , to distribute the same to creditors , under the direction of the ...
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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.