A Treatise on the Bankruptcy Law of the United States, Volumen1

Harold Remington

Michie Company, 1915 - 3303 páginas

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L	cxvi

And Recovery Only to Be Had on Other Grounds than 67 f 1358	cxviii

Actual Knowledge by Creditor Cures Defective Scheduling	cxxii

Or to Pay Off Bankrupts Debt	cxxxiv

1163	cxlii

As to Auctioneers Conducting Sale 1865	cxlvii

Whether Includes Officers of Private Corporation	cli

Payment or Other Transfer to Present Owner of Claim Preference	clviii

SUBDIVISION A	442

Failure to Call Accessible Witnesses	443

558 Schemes to Charge Partnership Assets with Individual Liabilities	446

Jurisdiction by Consent 1592	448

Whether Third Party Who Has Interests in Property Competent 2168	449

Synopsis of Chapter	451

Thirty Days Notice of Bankrupts Discharge Petition	452

Majority Required Majority Both in Number and Amount of	456

Lien Valid in Part and Void as to Balance	clxii

And Notices to Creditors Must Give Notice of Firm Debts and That	clxix

1165	clxxi

Court May Require Creditor to Indemnify Trustee 2541	clxxiv

Transfers of Partnership Property Whether Preference in Individ	clxxxiii

Lien on Property in Foreign Country	clxxxix

Where Not So Adjudged Individual Debts Not Discharged	cxci

Appeal by One Party Does Not Necessarily Bring Up Case as	cxciv

1333	cciii

Conversely Suit Started before Lien Obtained within Four Months	ccx

Synopsis	ccxvii

CHAPTER XXV	ccxviii

Trustee Receiver Marshal Bank	1

No Fees for Preparation of Papers Where Supreme Courts Forms	2

Whether Concluded by Pleadings 1782	3

Review of Refusal to Certify 2217	8

i Queen Annes Act 1705 and First Provisions for Discharge of Bankrupt	10

Payment of Secured Debt Thereby Releasing Securities 1179	11

PART VII	14

Commingling of Trust Funds or Trust Property 1814	16

Fair Valuation of Choses in Action and Intangible Property 1208	17

CHAPTER I	21

Whether Where Bankruptcy Prevents Compliance Dispensed with	23

Preferences as Affected by RecordingAmendment of 1903 and	26

Referees Allowance of Claims Whether Admissible 1210	27

But Not if Former Refusal Was under State Insolvency Proceed	29

Uniformity of Court Procedure Essential	30

DIVISION 3	33

Ordering Trustee to Apply for Leave to Defend 1545	37

Security for Costs and Injunction Bond When Suit in United States	41

Also Where Instrument Not Recorded though Recording Re	42

24	43

Who May Be Adjudged Involuntary Bankrupt 699	48

SUBDIVISION	49

Appeals in Controversies Arising in Bankruptcy Proceedings 2612	50

DISCHARGE	53

The Bankruptcy Act of 1898 with Amendments of 1910 2679	58

But May Be So Administered if Nonbankrupt Partner Consents 2124	59

34	60

Receiving Payment before Due 1290	62

But Requisite on Appeal 2646	63

Who May Be ExaminedAny Designated Person Including Bank	65

42	66

Answering under Oath Requiring Testimony to Overcome 1637	68

DIVISION 4	69

Attorney of Bankrupt Paid in Advance Whether Adverse Claim	71

Second GroundCommission of Act Barring Discharge Bars Com	72

If Not Mentioned to Be Otherwise Sale Is Subject to Liens 1895	74

Amount Not Limited 2618	75

Partnerships Included	79

Only During Continuance of Partnership Business or	80

Partnerships as Entities	81

Lien Not Preserved Is Void as to Other Lien Holders on Same Prop	82

When Is a Partnership Insolvent?	83

Adjudication in Firm Name	84

Adjudication in Name of Ostensible Partner	86

Individual Members Joinable with Partnership in either Voluntary or Involuntary Proceedings	88

Where Firm Alone Adjudicated Whether Individual Estates Brought in for Administration	90

Where Solvent Partner Exists and Does Not Consent	92

But All Partners to Be Made Parties	93

Bankrupt May Be Bidder 1884	94

Secret or Silent Partners on Discovery Brought in	95

No Act of Bankruptcy Requisite Even Where Not All Join	98

Not All Defenses Available but Only Insolvency Though Entitled to Jury on That Issue 66	99

Whether Partner May File Ordinary Involuntary Petition	100

Classes of Corporations Included and Excluded	101

Where Sale Made to Enable Remaining Partner to Claim Exemp	102

SUBDIVISION D	104

Lienholder in Possession after Satisfaction of Lien 1721	106

Death or Insanity after Commission of Act but before Filing of Peti	107

Fifth Elements to Nullify LienDebtor Must Eventually Be	109

Goods in Warehouse or Elevator and Outstanding Receipts 1824	113

Their Rights Where Death Occurs after Adjudication	114

Thus Not to Plenary Suit in Bankruptcy Court by Adverse Claimant	115

CHAPTER L	117

Whether Insolvency Alleged Need Be Insolvency According	118

Four Months to Date from Recording etc Where Such Requisite	119

But Requisite in Involuntary Bankruptcy	120

DIVISION 2	121

Discharge 2273	125

Fraudulent Intent Distinguished from Preferential Intent	126

DIVISION 1	127

All Elements of Preference Must Exist	129

Thus Creditors Claim Must Be PreExisting Debt	130

Thus Transfer Must Have Been to Apply on Debt	131

Must Be within Preceding Four Months or Notorious Possession Be Taken	132

Debtors Intent to Prefer Requisite	133

Proof of Intent to Prefer	134

Proof of Intent to Prefer Aided by Presumptions	135

Date of Recording Date for Existence of Reasonable Cause of	138

DIVISION 3	139

No Fraudulent Intent Implied	140

Continuing Consent	141

Debtors Resistance to Suit without Release of Property Ineffectual	142

Legal Proceedings Must Have Created the Preference	144

Vacating of Preference Ineffectual unless Accomplished at Least Five Days before Sale	145

Instances Held Sufficient to Bar Discharge for Concealment of	146

How Vacating Accomplished and How Not	148

Lien Must Have Been Obtained within Four MonthsMere Enforce ment of Lien Obtained before Insufficient	149

DIVISION 4	150

SUBDIVISION A 145 General Assignment Act of Bankruptcy	152

COMPOSITION WITH CREDITORS	153

Insolvency Not Requisite in Chief nor Competent as Defense	154

Intent to Defraud Not Requisite	155

SUBDIVISION B 150 Receivership Not Considered Equivalent of General Assignment	156

New Ground Only Available in Bankruptcies Instituted Since	157

Receivership and Trusteeships as Acts of Bankruptcy	158

As to Receiverships Applied for by DebtorDebtor Must Have Ap plied Therefor	159

Debtor to Be Insolvent at Time of Application and Insolvent Accord ing to Bankruptcy Definition	160

And Burden of Proof of Insolvency Not Shifted by Debtors Failure to Produce Books and Appear for Examination at Trial	162

Whether Insolvency Must Be Ground for Receivership by State Law and Appointment Based on That Ground	163

But Either Actual Receipt or Actual Benefit Requisite 1261	164

Ground of Receivership as Being Insolvency Provable Only by Record unless Record Silent	166

Alias Order of Adjudication Ineffective to Revive Lost Right of	167

Receiver Appointed but Not on Ground of Insolvency Not This Act of Bankruptcy	168

Appointment of Trustee as Act of Bankruptcy Not Necessarily Ap pointment by Court	170

DIVISION 5	171

Voluntary Petition Itself a Commission of Fifth Act of Bankruptcy	172

Mere Admission of Insolvency Insufficient	173

Liens Void as to Creditors for Want of Record Void as to Trustee 1073 1073	174

Written Admission Notwithstanding Assets Already Sequestrated in Another Court	176

Admissions by Partners	177

DIVISION 6	178

2259 Partners Right of Contribution for Paying Firm Debts Provable	180

Burden of Proof in Prosecuting Bankruptcy Petition on Creditors	182

Intent Necessary Only in First Two Acts	183

When Creditors to Prove Insolvency in Chief It Must Be Insolvency at Time Act Committed	184

When Insolvency Not Part of Creditors Case but Solvency Availa ble as Affirmative Defense Date of Solvency Date of Petition	185

Burden of Proof of Insolvency under Second and Third Acts in Peti tioning Creditors	187

Destruction or Loss of Adequate Books or Failure to Keep Them No Excuse	188

Interrogatories	189

183 Continuing Concealments	190

Either Record etc or Notice or Notorious Possession Suffices	191

NATURE AND EFFECT OF COMPOSITION	195

Adjudication Immediate Creditors May Not Oppose	197

Whether Court Sua Sponte May within Year Vacate Discharge	198

2620 Amendment May Be Conditioned on Payment of Costs 2418	200

2584 Specifications to Be Verified 2401	201

203 Different Claims Purchased in by One Creditor Lose Separate Iden	203

Voidable Preferences 1263	209

207 Erroneous Averment of Less than Twelve	210

209 Mode of Service of Notice	211

Involuntary Proceedings Not to Be Dismissed Except on Merits etc if Any Creditor Willing to Take Up Contest	212

Whether Only Creditors Competent Whose Claims against Debtor Existed at Time of Commission of Act	213

Relatives Officers Directors etc Competent Petitioners	214

Partnership Creditors Competent to Petition against Individual Part ner	216

Mere Proving of Claims under General Assignment or Receivership No Estoppel	217

Actual Connivance at Act Essential to Estoppel	218

And Actual Connivance at or Express Assent to General Assignment May Suffice to Effect Estoppel	219

Corporation Creditor Not Estopped by Officer Acting as Assignee	220

Must Be Provable at Time of Filing Petition	221

Unliquidated Claims Sufficient if Provable	222

Preferred Creditors Competent	224

Attaching Creditors and Other Creditors Obtaining Liens by Legal Proceedings	225

Validity of Petitioning Creditors Claim May Be Disputed	226

Withdrawal of Petitioning Creditors	227

Disqualification of Part of Petitioning Creditors	228

DIVISION 2	229

Indebtedness Residence Domicile etc to Be Shown	230

Exceptions Not Mere Matter of Defense	232

Act to Be Shown to Be within Four Months	233

Res Judicata and Estoppel 2434	234

Sufficient if Administered Either before Testifying or Afterwards 2358	235

But No Greater Nicety nor Fullness Requisite than Nature of Facts	240

XXX	241

267 Amendment to Make Pleadings Conform to Facts Proved	246

SUBDIVISION C	249

Amendment Relates Back to Date of Filing of Original	252

Whether if Several Join in Same Each Must Sign and Verify 2403	255

Involuntary Petition to Be Filed in Duplicate	256

Privilege to Be Claimed at Time Question Asked or Production	257

Answer to Specifications Not Necessary 2418	260

Where Attachment Really for Benefit of All Creditor Entitled	262

CHAPTER VII	263

Attempts to Control Trustees Administration by Proceedings	265

DIVISION 6	267

Stay of Involuntary Petition to Ascertain Propriety of Adjudication	269

ties	271

CHAPTER VIII	272

308 Service by Publication	273

Manner of Service	274

May Be Extended	275

CHAPTER IX	276

No Intervention to Contest Voluntary Petition	277

Whether Receivers May Intervene	278

CHAPTER X	279

Who May Answer	280

Allegations Not Denied Need Not Be Proved	281

Bad Faith of Petitioning Creditors No Ground for Dismissal of Peti tion	282

Nor Is Collusion between Them and the Bankrupt Good Ground	283

CHAPTER XI	284

Pendency of Petition	285

Provisional Seizure on Affidavit and Bond	286

Referee in Absence of Judge to Issue Warrant	287

341 Bond to Be Given	288

Receiver May Be Appointed to Make Seizure	289

Respondent Allowed Expenses Counsel Fees and Damages on Dis missal	290

Állowance Only to Respondents at Time Bond GivenSubsequent Re spondents May Move for New Bond	291

Only Damages for Seizure Not for Instituting Bankruptcy Pro ceedings	292

Property Claimed Adversely Not to Be Seized	293

Property in Actual Possession of Bankrupt though Claimed by An other Seizable	295

DIVISION 2	296

No Injunction before Bankruptcy Petition Filed to Preserve Statu Quo	298

Injunction Issues in Case Itself but No Part of Bankruptcy Petition	299

Notice of Hearing for Injunction	300

Restraining Order Ineffectual Out of District of Issuance	301

Verification	302

Warrant Not Proper Where Bankrupt Already Departed	303

Extradition	304

Not to Be Based on Warrant under 9 b Issued after Bankrupts Departure	305

Receivership Available Any Time before Appointment of Trustee	308

Notice of Application	309

Bond of Receiver	310

Bankrupt Whether Quasi Trustee for Creditors	311

But One Ground Absolute Necessity for Preservation of Estate	312

Creditors Bills Instituted before Four Months 1483	314

Who Eligible?	315

Vacating of Appointment	316

SUBDIVISION A 385 Powers Functions and Relation to Court and Creditors	317

Receivers May Sell Perishable Assets	320

387 May Continue Business but Only for Limited Period	321

Expense of Continuing Business	322

388½ Additional Compensation for Continuing Business	323

Net Result as to Enrichment of Estate after Insolvency Test 1305	324

390 May Make Seizure under Statute Instead of Marshal	325

May Compel Surrender of Property Not Held Adversely	326

May Not Sue for Money Judgment for Debt	327

Whether May Compromise Controversy	328

Security for Costs and Bond for Injunction by Receiver	329

Costs and Expenses of Receiver Taxable against Petitioning Cred itors	330

Whether Receivership Expenses Payable Out of Assets on Dismissal of Petition	332

Compensation of Receiver on Dismissal by Settlement with all Cred itorsAmendment of 1910	334

Dividends to General Creditors 2098	335

Must Be for Benefit of All	336

CHAPTER XII	338

But Court May Submit Issue of Fact to Jury	339

Except That on Issues of Insolvency and Commission of Act Right Absolute	340

But Jury Demandable by Virtue of Statute Not Constitution	341

Jury Trial Not Available to Intervening Creditors	342

To Be Conducted According to Common Law	343

Demand for Jury	344

Discovery Depositions Interrogatories etc	345

CHAPTER XIII	346

Dismissal after Hearing Merits	347

Costs on Discharge 2436	348

Courts Authority to Hear Controversies after Dismissal	353

Order of Priority in Distribution Prescribed by Act 2038	354

DIVISION 7	358

May Vacate after Term	359

Referees Commissions Computed on Disbursements to Creditors 2008	365

Voluntary Bankrupt May Move to Vacate	366

Adjudication as Res Adjudicata	369

Charging Same Transaction in Alternative Fraudulent or Prefer	370

But Better Rule Adjudication Not Binding Except on Mere Status of Debtor as Bankrupt unless Parties Actually Contest	374

Adjudication on Ground of Preference Not Binding on Issue of Rea sonable Cause for Belief	378

Adjudication Not Binding as to Petitioning Creditors Claims When Presented for Allowance	379

Refusal to Adjudge Bankrupt after Hearing Merits Res Judicata as to All and Second Petition Not Maintainable	383

Denying Adjudication but Holding Assets to Aid Reorganization Scheme	384

PETITION FOR DISCHARGE	385

Contractual Relations Not Affected unless Merged in Provable Debts	387

Distinct Transactions with Same Creditor within Four Months	388

EFFECT OF DISCHARGE ON THE RIGHTS OF THE PARTIES	390

451½ Adjudication of Corporation Not a Dissolution of It	392

CHAPTER XV	393

Statutory Duties of Bankrupt	394

Second Statutory DutyObedience	395

DIVISION 2	396

Arrest before BankruptcyProtection Equally Available	397

Protected While Attending Bankruptcy Court or Performing Statu tory Duties Whether Debt Dischargeable or Not	398

Bond by Bankrupt Not Requisite	399

474 Infliction of Penalty or Forfeiture for Taking Benefit of Act Pro hibited	400

CHAPTER XVI	401

Individual Schedules Where Firm Alone Bankrupt	402

If Bankrupt Fails to File Petitioning Creditors or Referee to Pre pare	403

Officers of Corporation to Prepare Schedules	404

483 Importance of Schedules in Bankruptcy	405

485 Notation to Be Made against Each Item	406

487 Signature and Oath	407

Exempt Property to Be Scheduled	408

Certificate of Discharge under Seal of Court Proves Discharge 2459	409

PART III	411

REFEREES IN BANKRUPTCY	413

SUBDIVISION C	414

Dealings between Near Relatives to Be Scrutinized with Care	415

DIVISION 3	417

CHAPTER XLIV	418

Seventh Statutory DutyTo Keep Perfect and Transmit Records	419

Representative Capacity of Trustee to Be Alleged 1640	421

Court Officers Holding under Nullified Legal Proceedings Subject	423

Subsequent Credit to Extent of Security Given Not to Be Offset 1309	425

May Adjudge Bankrupt on Default or Dismiss Petition	428

Referee May Issue Injunctions	429

Thus to Order Surrender of Property Belonging to Third Parties 1786	430

1684 Plenary Suits against Adverse Claimants in State Courts 1578	434

Method Where before Judge of State Court or Another Referee 1455	436

Referee to Rule on Evidence and Admit or Exclude	437

Thus in Controversies 2595	438

Property Sold Free of Liens When Lienholder Purchaser 2012	440

Application for ExaminationNotice Not Required 1414	441

Cases under This Subject Must Have Arisen Since Passage of Act 1130	459

Vice VersaClaim of Individual Bankrupts Estate against Firm	460

For Other Participation than Voting Claim Need Not Be Allowed	462

Written Power of Attorney Requisite to Vote	463

But Not Requisite for Attorney at Law in Other Matters than Vot ing	465

First MeetingTime of Holding	466

Meeting to Consider Composition before Adjudication	467

CHAPTER XX	468

Official Forms in Bankruptcy 2803	469

Agreeing to Treat Informal Papers as Proofs of Claim	470

Due Date and Interest	471

Must State Whether Judgment Taken	472

Consideration to Be Stated	473

Account to Be Itemized	475

Secured Claims	476

Assigned ClaimsAssigned before Bankruptcy	477

Creditor Not Obliged to Prove Claim against Principal Even on Sure tys Demand nor to Lend Written Instrument to Surety unless	479

Surety on Payment Subrogated Pro Tanto to Creditors Dividends	480

Several Claims by Same Creditor	481

Single Claim Not to Be Split	482

Amendment to Be Based on an Original Proof Filed	483

Amendment Changing Legal Nature of Cause of Action	484

Withdrawal of Proofs of Claim	485

CHAPTER XXI	486

Must Be Absolutely Owing at Time of Bankruptcy Petition	487

DIVISION 5	488

Debt	489

What Is Provable Debt 431	491

Provability and Validity Different Terms	492

Provability and Allowability Different Terms	493

Provability Not Dependent on Dischargeability	494

Nor on Right to Share in Dividends in Any Particular Order of Pri ority	495

But Provable Where Tort Waivable and Claim Presentable as in Contract	496

Claimant Must Elect	499

After Election Claimant Foreclosed	502

Claims Ex Contractu Provable Though Also Presentable in Tort	503

DIVISION 3	504

Endorsers Sureties etc for Bankrupt Impliedly Excepted by Statute	506

Judgment Not Such Merger as Prevents Inquiry into Original Lia	507

Bankrupt as PrincipalSurety Is Creditor before Default and from Date of Signing	508

DIVISION 1	509

Surety Paying Principals Debt after Principals Bankruptcy	510

Bankrupts Contracts of Purchase or Sale and His Mortgages 973	512

Where Principals Liability Not Provable in Favor of Creditor Not Provable in Favor of Surety	513

Surety on Redelivery Bond Where Attachment or Other Lien Dis solved by Adjudication	514

Bankrupts Guaranty of Dividends Not Yet Declared Not Due	515

Separate Accounts of Each Fund to Be Kept 1907	516

DIVISION 4	517

Provability of Rent Involved in Provability of Contingent Claims	518

2399 Courts Power to Set Aside Confirmation for Irregularity 2266	522

15132 Creditors Acceptance of Composition Whether Releases Surety 1396	523

Rent Accrued Up to Date of Filing Bankruptcy Petition Provable	525

Installments Accruing after Adjudication for Occupancy Thereafter Not Provable	526

Rent Accruing before Adjudication but after Filing of Petition	527

R	528

Bankruptcy or Default in Payment Maturing Future Installments	529

Even Where Notes Given for Future Rent Notes Not Provable	531

e61 But Provable if Negotiable and in Hands of Innocent Holders or Taken as Payment	532

But Mere ReEntry Clause Gives No Lien on Sale of Leasehold	533

Bankruptcy of Tenant No Breach of Subtenants Covenant of Quiet Enjoyment	535

Judgments and Written Instruments Must Be Absolutely Owing to Be Provable	536

Open Accounts and Contracts Express or Implied Must Be Likewise Owing	538

CHAPTER XXXVII	539

But to Be Owing Not Necessarily to Be Due nor Damages Liq uidated	541

Bankruptcy Operating as Anticipatory Breach	542

Bankruptcy Operating by Contract to Mature Future Installments	544

DIVISION 6	545

Interest	546

Judgments for Penal Fines Alimony Support etc Not Provable	547

Penalties and Forfeitures Due State etc	548

DIVISION 7	549

Continuing Contracts to Supply Goods	552

Uncompleted Building Contracts	553

But Not Provable unless Obligation Renounced or Bankruptcy It self Operates as Breach	554

Renunciation of Executory Contracts in General	557

DIVISION 8	558

Costs Where Attachment or Execution Dissolved	559

Claims Not Owing or Contingent etc Not Provable as on Contract Express or Implied	560

ObjectTo Prevent Effect of Merger	561

Original Obligation Must Have Been Provable	562

Original Debt Not the Judgment to Be Proved	563

DIVISION 12	564

SUBDIVISION A	565

Unliquidated Claims Do Not Enlarge Classes of Provable Debts	566

Of Property Sold on Approval etc 1789	568

In General 2110	571

Suffering Pending Action in State Court to Proceed to Judgment	572

Interference with Property in Custody 2206	573

Appeals in Bankruptcy Proceedings Proper 2601	575

Petition to Set Aside Composition 2269	576

Date of Final Judgment	579

Amendment of Claim after Expiration of Year	580

State Insolvency and Bankruptcy Laws Ipso Facto Suspended 1526	581

Receivers Maximum Rate of Compensation Same as Trustees 2025	583

Limitation Applies Even Where Creditor Not Notified etc	585

Discharge of Bankrupt Principal Equivalent to Return of Execution	588

Procedure on Opposition to Composition Similar to That on Dis	590

Withholding of Dividend until Expiration of Year Not Required	591

Third Trustees Peculiar Title and Rights Conferred by Bankruptcy	593

Partnership Debts Provable against Individual Both in Partnership	595

DISCOVERING COLLECTING AND SEPARATING ASSETS	597

CHAPTER XXIV	600

1743 Property to Be Shown to Belong to Estate 1630	601

Adverse Claimant Not Confined to Absolute Owners 1566	602

Also Dismissals of Discharge for Want of Prosecution 2606	604

Failure to Produce Important Evidence Presumption of Fraud 1632	608

757	609

7582 Interest after Deduction	610

Proportionate Part Not to Be Charged against Each Lien 1912	611

No Express Time for Petitions for Review 2653	613

What Law Governs Validity 1837	614

Unless Oppressively or Unfairly Exercised	616

Performance of Labor in Payment of Debt 1140	617

Likewise No Judgment in Bankruptcy Proceedings against Claimant	618

Error Proceedings in Controversies and in Independent Plenary	619

Transfer Removal or Concealment within Four Months as Bar	620

Surrender of Preference on Distinct Transaction Not to Be	621

SUBDIVISION	622

Whether Liens upon or Other Transfers of Exempt Property Prefer	626

Burden of Proof	628

Bankrupt to Supply List of Creditors if He Claims Averment Erro	631

Statute of Limitations as Defense to Allowance	632

Allowability of Claims of Relatives Stockholders etc	638

Wife Adverse Claimant as to Property She May Hold Adversely	639

SUBDIVISION E	642

Claims Tainted with Illegality or Fraud	644

To Be on Certificate 2672	647

18794 Election to Rescind 1797	648

Also Claims for Money Deposited with Bankrupt Banks	650

Likewise Discharge 2578	651

23582 Practice in Compositions before Adjudication 2240	653

Allowance Disallowance and Reconsideration of Claims	654

Procedure Where Claim Duly Proved and Not Objected to	656

Where Claim Not Duly Proved	657

To Be Allowed on Presentation or ReceiptNo Motion nor Plead ing Requisite	658

Objection and Disallowance	659

Others May Not Object	660

Expense of Contesting Claims to Control Election of Trustee Not Chargeable against Estate	661

Creditor May Not Have ReExamination of His Own Claim on Dis allowance Though Rehearing Not Forbidden	663

On Trustees Refusal He May Be Ordered etc or Creditor or Bank rupt May Proceed	664

If Creditor Proceeds Should Use Trustees Name	665

Though but One Creditor in Position to Object Yet Trustee May Object	666

Examination of Bankrupt and Filing of Schedules Requisite before	667

Each Claim Properly to Be Separately Objected to	668

Objections to Be Specific	669

To Be Specific and Sufficiency Tested in Usual Way	670

Notice by Referee and May Be by Mail	671

Burden of ProofOriginal Order of Allowance Prima Facie Case	672

R	673

SUBDIVISION F	674

Bankrupt Examined at Any Time after Adjudication Even after Dis	676

PART XI	679

Schemes to Charge Partnership Assets with Individual Liabilities	681

Priorities Granted by State and Federal Laws 2079	683

Hearings before Special Master 2421	684

CHAPTER XXXII	686

Appointment of Trustee at First Meeting etc	688

Formal Approval Not Always Essential to Confirmation 1890	689

Court Also to Appoint Where Creditors Fail Altogether to Act	692

Dispensing with Trustee Where No Assets and No Creditors Present	693

Trustee Elected Not Compelled to Act	694

Concurrence of Two Requisite Where Three Appointed	695

DIVISION 2	696

Statutory Qualifications of Trustee	697

Neither Residence nor Citizenship Requisite if Office in District	698

Candidate May Be Creditor	699

Undischarged Bankrupt Incompetent	700

Order Must Be Made 2546	704

Votes Cast by Relatives Stockholders Directors and Employees	706

Prior Assignee or Receiver as Candidate	708

Creditor with Disputed Claim Incompetent	709

Question of Collusion to Be Definitely Disposed of before Approval	711

When Referee Disapproves Order of Disapproval to Be Entered and Opportunity for Review Given	712

Upon Final Disapproval Another Election Requisite Referee Not to Appoint	713

DIVISION 3	714

Occupies Fiduciary Relation	715

Trustee Not to Be Dictated to by Creditors	716

Various Holdings as to What Amount to Insolvency Proceedings 1538	717

Trustee in Administrative Matters Not to Be Controlled by Outside Courts	718

Creditors Not to Elect Supervising Committee	719

But Trustee Not to Employ Counsel Representing Adverse Interests	720

Trustee within Summary Jurisdiction of Bankruptcy Court DIVISION 4	721

Statutory Duties and Those Not Statutory 907 To Collect Assets and Reduce Them to Money	722

To Deposit Moneys in Depository	723

Disbursements Only on Order of Court 724	724

Depository Liable for Payment of Improperly Drawn Orders	725

Whether General Examinations to Be in Writing 1427	726

Trustee to Keep Accounts	727

To Pay Dividends within Ten Days	728

Manner of Procedure on Arbitration 925 Findings of Arbitrators Have Force of Verdict and Reviewable 729	729

Creditors Entitled to Be Heard but Vote Not Conclusive	730

Rights of Lienholders Not to Be Prejudiced	731

Is Matter of Discretion	732

Declining or Failing after Notice to Accept Abandonment	733

Once Abandoned Not Afterwards Reclaimable	734

Free from Some Subject to Others	735

DIVISION 5	736

Notice and Due Hearing Requisite	737

Creditors to Elect New Trustee on Death Removal etc	738

Deposits in Bank Offset 1185	741

Proviso of 70 a 5 Limits and Defines Trustees InterestsNot	742

Sales of Merchandise in Bulk Whether Bankrupt Entitled to Exemp tions Out of Unpaid Purchase Price until Creditors Paid 841	743

Amendment Required by Court Where Exemptions Claimed	744

Whether Liens by Legal Proceedings on Exempt Property within	745

Kinds of Property Passing and Not Passing to Trustee	746

Agent in Possession Applying Funds on Salary 1572	749

Trustee Succeeds to Bankrupts Defenses and Rights 1015	750

As to AfterAcquired Property 1078	751

If Capable Either of Transfer or of Being Levied on	752

Parties May Stipulate as to What Necessary 2641	757

And Though Transferable Only by Peculiar and Unusual Means	758

Mere Inchoate Interests Do Not Pass	760

Crimes against the Act 2171	761

SUBDIVISION C	762

Property Held by Bankrupt as Trustee of Resulting Trust Not	763

SUBDIVISION D	764

Bankruptcy Court May Make Call	767

Attempts to Control Bankruptcy Administration by Injunctions	768

Refusal of Summary Order to Surrender Assets Not Res Adjudicata	770

Statutory Secondary Liability of Stockholders Not an Asset	772

SUBDIVISION E 979 Bankrupt as Landlord	773

Entitled to Time to Accept or Reject	774

Whether Bound to Pay Rent Stipulated or Only for Use and Occupa tion	775

Previous Forfeiture Not Nullified by Tenants Bankruptcy	776

Covenants of Forfeiture for Assigning or Subletting Not Violated by Bankruptcy	777

Interference Otherwise than by Suit 1692	778

Leasehold Liberated from Forfeiture Clause	779

Bankruptcy Works Forfeiture if Specifically Provided	780

But if Specific Method Stipulated Such Method Alone Effective	781

Forfeiture While in Custody of Bankruptcy Court	782

Sale of Leasehold Where Landlord Has Lien	784

Contempt before Referee What Constitutes Defined by Statute 2208	785

Personal Right to Purchase Not Transferable	786

Property Sold on Conditional Sale with Power to Sell in Usual Course	787

Claims against the Government	788

Courts Proceed with Great Caution in Granting Summary Orders 1737	790

Pledging the Policy or Borrowing upon Cash Surrender Value	805

DIVISION 2	812

But Not Torts for Injury to Person	813

DIVISION 6	814

Trustees Title and Rights as Successor to Creditors a ThreeFold	816

What Date Fixes Right to Exemptions	820

But No Injunction Where Levy Not Made within Four Months 1844	821

SUBDIVISION A	824

Basis of Superseding Custody of Assignee and Receiver 1488	825

CHAPTER XXXIV	829

But Not to Deliver to Bankrupt Simply because Claimed Exempt	833

But State Courts May Be Permitted to Retain Jurisdiction Where	834

Retaken for Benefit of Parties as to Whom Not Exempt nor of Lienholders	842

Whether Court of Bankrupts Domicile May Set Apart Homestead in Real Estate in Another State Having Different Homestead Laws	843

State Law Governs	844

As Construed by Highest State Tribunal	845

May Select in Kind Regardless of Impairment of Remainder	846

Converting Nonexempt Property into Exempt on Eve of Bankruptcy	847

Delay in Rescission 1799	850

Fraudulently Transferred Property Recoverable 1024	852

SUBDIVISION C	853

May Redeem Mortgaged Property 1017	857

First Requirement of Exemption ClaimTo Be in Writing and Sworn to	858

Fourth RequirementDescription to Be as of Date of Filing Bank ruptcy Petition	859

Claiming So Much Worth Out of Mass	860

Where Exemption Claimed in Mortgaged Property 1058 But Where Not in Specie	861

Fifth RequirementEstimated Values to Be Given	862

Wife Claiming Where Bankrupt Fails or Refuses to Claim	864

Withdrawal or Abandonment of Claim	865

NonBankrupt Partner in Partnership Bankruptcy	866

Claim May Be Inserted or Corrected by Amendment	867

Leave Liberally Granted	868

Whether for Mere Laches	869

Amendment Reverts to Date of Filing Original Claim	870

Trustee to Set Apart	871

Trustees Report to Be Itemized with Estimated Values	872

Appraisal Not Binding	873

1082½ Grounds of Exception	875

Res JudicataOrder Approving or Disapproving Trustees Report of Excnpted Property Res Judicata Elsewhere	876

Selling Exemptions with Other Assets as Entirety and Allowance Out of Proceeds	877

Trustee Not Entitled to Indemnity before Delivering Exemptions	878

Bankrupt Not Entitled to Reimbursement for Care of Exempt Prop erty Pending Setting Off	879

Whether Commissions on Exempt Property	880

SUBDIVISION E 109334 Fraudulent or Preferential Transfers of Exempt Property	881

On Recovery of Fraudulent Transferred Property	884

Where General Assignment Nullified by Bankruptcy	885

Forfeiting Exemptions by Fraudulent Concealment or Removals	886

Whether Concealing Other Assets Presumed Selection as Exempt Warranting Refusal of Exemptions Claimed in Schedules	887

Property Claimable as Exempt but Not Claimed Levies Nullified	890

Procuring or Suffering Judgment 1194	892

No Withholding if Exemptions Good against Levy	897

Or May Order Indemnity Direct from Estate to Injured Party	900

Fraudulent Court Orders or Judgments 1051	901

Property in Foreign Countries 1149	902

Property in Foreign Countries Requires Assignment by Bankrupt	903

Limitation of Plenary Actions by and against Trustees 1662	906

DIVISION 2	909

Innocent Intent in Faulty Scheduling No Excuse 2508	910

Remedies for Incomplete Transcript on Appeal 2641	911

Institution of Suits by Bankrupt Meanwhile	913

SUBDIVISION A	916

First Property Acquired Meantime by Gift Inheritance or Services	920

Otras ediciones - Ver todas

A Treatise on the Bankruptcy Law of the United States, Volumen1
Harold Remington
Vista completa - 1908

Términos y frases comunes

act of bank act of bankruptcy adjudged bankrupt adjudication affirming alleged bankrupt application appointment assets assignment Bankr Bankruptcy Act bankruptcy court bankruptcy law bankruptcy petition bankruptcy proceedings Bros C. C. A. Ills C. C. A. Mass C. C. A. Mo C. C. A. Ohio claim committed Compare contract corporation D. C. Ala D. C. Iowa D. C. Mass D. C. Mo D. C. Pa D. C. Tenn D. C. Wis debtor defendant defraud discharge equity fact filing four months fraud fraudulent ground held Impliedly Inferentially insolvent intent to hinder intent to prefer involuntary bankruptcy judgment jurisdiction jury levy liability lien Lumber ment Nat'l Bk Obiter parties partner partnership payment person petition in bankruptcy petitioners petitioning creditors preferred creditors proof prove provisions quoted receiver receivership referee res adjudicata rule rupt ruptcy solvency statute surety tion transfer trustee vacate voluntary petition

Pasajes populares

Página 539 - Is exempt, to all * * * (4) property transferred by him in fraud of his creditors; (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.‎

Aparece en 642 libros desde 1861-2003

Página 121 - 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 (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...‎

Aparece en 332 libros desde 1830-2007

Página 40 - ... with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings...‎

Aparece en 198 libros desde 1798-2007

Página 70 - ... owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt...‎

Aparece en 235 libros desde 1873-2008

Página 319 - ... appoint receivers or the marshals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified...‎

Aparece en 107 libros desde 1880-1983

Página 547 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.‎

Aparece en 538 libros desde 1798-2006

Página 59 - In a strict and legal seN.se that is properly the domicil of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus rercrtcndi) .u [Italics supplied.] Mr.‎

Aparece en 461 libros desde 1792-2007

Página 512 - Whenever a creditor, whose claim against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person may do so in the creditor's name, and if he discharge such undertaking in whole or in part he shall be subrogated to that extent to the rights of the creditor.‎

Aparece en 91 libros desde 1880-2002

Página 470 - Claims after being proved may, for the purpose of allowance, be filed by the claimants in the court where the proceedings are pending, or before the referee if the case has been referred. d Claims which have been duly proved shall be allowed, upon receipt by or upon presentation to the court, unless objection to their allowance shall be made by parties in interest, or their consideration be continued for cause by the court upon its own motion. e Claims of secured creditors and those who have priority...‎

Aparece en 77 libros desde 1880-2002

Página 2 - Beware that there be not a thought in thy wicked heart saying, The seventh year, the year of release, is at hand...‎

Aparece en 351 libros desde 1805-2008

Información bibliográfica

Título	A Treatise on the Bankruptcy Law of the United States, Volumen1 A Treatise on the Bankruptcy Law of the United States, Harold Remington
Autor	Harold Remington
Edición	2
Editor	Michie Company, 1915
Largo	3303 páginas

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