A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress of 1898, and Annotated with References to Pertinent Decisions Under Former StatutesWest Publishing Company, 1898 - 326 páginas |
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Página 17
... received actual notice of such transfer or as- signment . c It shall be a complete defense to any proceed- ings in bankruptcy instituted under the first sub- division of this section to allege and prove that the party proceeded against ...
... received actual notice of such transfer or as- signment . c It shall be a complete defense to any proceed- ings in bankruptcy instituted under the first sub- division of this section to allege and prove that the party proceeded against ...
Página 63
... re Duryee , 2 Fed . 68. After the property of a bankrupt has been sold and the proceeds received , and neither the court nor the assignee nor the creditors have any further interest in it , § 11 ) 63 SUITS BY AND AGAINST BANKRUPTS .
... re Duryee , 2 Fed . 68. After the property of a bankrupt has been sold and the proceeds received , and neither the court nor the assignee nor the creditors have any further interest in it , § 11 ) 63 SUITS BY AND AGAINST BANKRUPTS .
Página 71
... received is necessarily at lib- erty to deal with his assets as he chooses . The creditors have no concern in the matter if their composition be paid and no fraud practiced . He may pledge or sell his stock to one or more of his ...
... received is necessarily at lib- erty to deal with his assets as he chooses . The creditors have no concern in the matter if their composition be paid and no fraud practiced . He may pledge or sell his stock to one or more of his ...
Página 74
... received a transfer of the bankrupt estate . It was held that the agreement and composition were fraudu- lent , and the assignee could recover the property . Fairbanks v . Amoskeag Nat . Bank , 38 Fed . 630. In another case , it ap ...
... received a transfer of the bankrupt estate . It was held that the agreement and composition were fraudu- lent , and the assignee could recover the property . Fairbanks v . Amoskeag Nat . Bank , 38 Fed . 630. In another case , it ap ...
Página 76
... received payment un- der it , is precluded from seeking to set aside the composi- tion for mere inadequacy , or because it ultimately turns out that a larger amount might have been offered and paid , when the schedules show with ...
... received payment un- der it , is precluded from seeking to set aside the composi- tion for mere inadequacy , or because it ultimately turns out that a larger amount might have been offered and paid , when the schedules show with ...
Otras ediciones - Ver todas
A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress ... Henry Campbell Black Vista previa limitada - 2005 |
A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress ... Henry Campbell Black,United States Sin vista previa disponible - 2023 |
A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress ... Henry Campbell Black,United States Sin vista previa disponible - 2016 |
Términos y frases comunes
9 Fed act of bankruptcy adjudged a bankrupt adjudication in bankruptcy alleged allowed amount appear application appointed assets attorney bank bankrupt act bankrupt's discharge bankrupt's estate bankruptcy court bankruptcy law bankruptcy proceedings Biss Blatchf bond charge chose in action claim clerk commencement composition contract conveyance corporation court of bankruptcy cred debt due debtor decree defendant Dill discharge in bankruptcy district court dividends E. R. Co entitled equity erty execution exempt fact fiduciary filed firm fraud held indorser insolvent involuntary bankruptcy itors judge judgment jurisdiction liability lien ment mortgage notice paid parties in interest partner partnership payment pending person petition in bankruptcy preferred creditor proceed proceedings in bankruptcy proof received recover referee right of action rupt ruptcy Sawy secured creditor statute suit surety thereof tion transfer trustee in bankruptcy United valid
Pasajes populares
Página 2 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Página 235 - That 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...
Página 16 - 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 disposition of any property affected by such preference, vacated or discharged such preference...
Página 226 - ... the debts due to the United States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Página 7 - ... make such orders, issue such process, and enter such judgments in addition to those specifically provided for as may be necessary for the enforcement of the provisions of this act...
Página 173 - Debts owing to the United States, a State, a county, a district, or a municipality as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby, and such interest as may have accrued thereon according to law.
Página 2 - ... clerk" shall mean the clerk of a court of bankruptcy; (6) "corporations" shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships...
Página 187 - ... and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its property or its value from such person.
Página 206 - 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 bonafide holder for value prior to the date of the adjudication.
Página 234 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...