A Treatise on the Law of Bankruptcy

Sampul Depan
Little, Brown and Company, 1899 - 786 halaman

Dari dalam buku

Apa yang dikatakan orang - Tulis resensi

Kami tak menemukan resensi di tempat biasanya.

Isi

Williams 4 Dowl P C 91 83
lxxii
Flanagan Re 18 N B R 439
lxxiii
Evans Ex parte 3 Dea Ch 470 270
lxxiv
Ennis 2 Mason 236 253 254
lxxviii
Blankenhagen Ex parte Cooke 7th ed 259 154
lxxix
Beaver 23 Penn St 167
lxxxv
Howden L R I Sc App 372
lxxxvii
Smart 3 Wend 135 187
lxxxviii
Beck Re 92 Fed Rep 889
xcii
Everitt Re 9 N B R 90
xciii
Bryant Ex parte 1 GI J 206 299
xcv
Turnpike Co 14 Penn St 162
civ
Haughton 9 Pet 329 314
cx
Graham Re 2 Dea Ch 554
cxii
Belcher Ex parte 2 Dea Ch 587
cxviii
Flower Ex parte 4 Dea Ch 120
cxxii
Holland Ex parte L R 9 Ch 307 11
cxxvi
Folb Re 91 Fed Rep 107 466
cxxix
PART I
1
SETOFF AND MUTUAL CREDIT
6
Assignment Laws of State
7
Durgy Cement Co v OBrien 123 Mass
12
216
13
Married Wonen
15
Special Dormant and Nominal Partners
16
PREFERENCES PAQE
21
218
27
Keims Appeal 27 Penn St 42 282
28
219
35
Rogers 6 Tex 91 200
37
Hunt 76 N C 202 324
40
Helliwell 1 N B N
41
Preferences at Law 42 62 Preferences in Equity
42
Law of Preference in the United States and England
43
Worseley v De Mattos Aldergon 1 Temple 65 The English Doctrine
46
Statutory Definitions
47
No Particular Mode of Transfer necessary
48
Being Insolvent 69 Contemplation of Bankruptcy or Insolvency
49
Payment Gift etc Conveyance of all
50
Intent to prefer Pressure
52
Later Cases in England
53
Intent to prefer continued 74 Intent continued Usual Course of Business
56
Injury to General Creditors Exempted Property Liens
58
Transfer for Value
59
No Defence that Creditor had Security of a Third Person 78 Not a Preference to complete a Transaction
60
Creditors Knowledge
61
Preference of Sureties
62
Suffering a Judgment to be obtained
63
No Preference by Judgment in invitum Wilson v City Bank
64
Preferences in respect to Time when given
65
Promise to give Security
66
Ratification before Bankruptcy
67
Attorneys and Counsel
68
Preference by Corporation of its Directors
69
Preference by Partners
71
No Preference by Exchange of Securities
72
Void means voidable by the Assignees
73
Effect of Avoidance Merger
74
Courts in which Preference may be recovered
76
Form of Action Damages
77
Evidence
78
Evidence of Reasonable Cause of Belief
79
Knowledge of Creditors Attorney Hoover v Wise 101 Fox v Gardner
80
Sale by Assignees with or without giving Right to Set aside Preference
81
Preference to promote Discharge or Composition
82
Preference in Compositions
83
Creditors may prove if the Composition is set aside
84
Composition failing the Original Debt may be recovered
85
Secured Creditors
86
Understatement by a Creditor of his Debt
87
Sureties and Creditors assuming a Greater Burden than others
88
Secrecy essential
89
CHAPTER VI
90
PAGE
91
What is Property of the Firm 92 1
92
Joint Creditor taking Separate Promise
93
Election at the Time of Proof
94
A Joint Creditor may prove against Separate Estates when there are no Joint Assets and no Solvent Partner
95
Joint Contractors
96
Bankruptcy of One Partner continued
98
Death of Partner
99
Partners in a Single Adventure
100
Solvent Partner paying Joint Debts may prove
101
Surplus 102 1
103
Ex parte Ruffin continued
104
American Rule
105
Firm taking in New Partners
106
EXAMINATION OF THE BANKRUPT AND OTHERS IN RESPECT TO
108
Dicken Ex parte Buck
115
CHAPTER VIII
124
Grainger Ex parte 24 L T N S 334
125
Kellocks Case L R 3 Ch 769 281
129
Lords Estate Re L R 2 Eq 605
130
Surety Proof by Surety when Principal is Bankrupt
131
Forsyth 21 How 85
138
Blodget Re 5 N B R 472 449
165
Expunging reducing and amending Proofs
167
Goodwin 1 Mass 502
173
CHAPTER IX
174
Tool 81 Penn St 467
179
CHAPTER X
182
Flint 17 Vt 508 183
183
Ford Ex parte i Ch D 521 221 249
185
Hoyt 53 N Y 521
186
Statute of Anne
188
Boutelle 13 Met 159
189
Grant Ex parte 13 Ch D 667 56
201
Cook County Bank v United States 107 U S 445 177
203
Cass 1 B Ad 343
207
Forsyth and Murtha Re 7 N B R 174
212
Assignees or Trustees
214
Confirmation Qualifications 291 Confirmation Qualifications
215
Removal of Assignee 293 Additional Assignee
216
Assignment cannot be Collaterally Impeached
217
Assignees represent the Creditors and the Debtor
218
Time of vesting Relation
219
Relation continued
220
All the Property of the Debtor vests in the Assignee
221
Assignees as Owners
222
Rights in Action
223
Test of Assignability in Bankruptcy 306 Assignees may recover Full Damages
224
Actions for Damage to Property vest in the Assignee
225
Assignees are like Judgment Creditors
226
Subject to Equities
227
Property held by Bankrupt in Secret Trust
228
Assignees may avoid any Deed which Creditors could avoid
230
All Kinds of Property vest in the Assignee
232
Goodwill of a Business
233
Claims on a Government
234
Alabama Claims
235
Money given on a merely Moral Claim
236
Pensions Retired Pay
237
Judgments in Personal Actions
238
Only existing Rights pass 329 Divisible Causes of Action
239
Creditors bound by Assignees Estoppel
251
Assignees may prosecute pending Suits 352 Fraudulent Sale
252
Stoppage in Transitu
253
Assignees taking possession after Goods are stopped
254
Insolvent Buyer may refuse the Goods 360 Buyer cannot return after Transit is ended
255
226
256
Title Incomplete
257
Property fraudulently held by Bankrupt
258
After acquired Property
259
Advice of Creditors
260
Bankrupt as Agent or Trustee
261
Suits by Bankrupt as Trustee
262
What Property is Onerous 372 Leaseholds Copeland v Stephens
263
Acceptance of Onerous Property by Assignees 374 Rejected Property
264
Accepted Property
265
Rejected Lease
266
Mostyn 6 Ves 467
267
Gray Re 111 N Y 404 91 100
268
Read 3 Hurlst C 955
271
Boasberg Re 1 N B N 133
273
CHAPTER XIII
277
Dorrien 7 Taunt
278
Bolland Ex parte 9 Ch D 312
282
Greaner r Mullen 15 Penn St 200
284
255
286
Bolton Ex parte 2 Rose 389
288
Equitable Practice
291
Sales of Incumbered Property Practice
292
Application of Proceeds Costs
293
At what Time a Secured Creditor may prove
294
Marshalling Securities
295
Waiver of Security by Proof
296
CHAPTER XIV
298
Grant of Discharge not Discretionary
299
Withdrawal of Application for Discharge
300
Decree of Discharge Conclusive
301
Application for Discharge is heard as soon as possible
302
Attachments for Contempt
303
Debts Excepted from Discharge
304
Fiduciary Debts
305
Debts fraudulently incurred or created
306
Defalcation
308
Collateral Undertakings Covenants
309
Covenants of Title Estoppel
310
Costs and Expenses connected with Provable Debts
311
Alimony Support of Children
312
Form of Action Election to Prove
313
Personal Exemption of a Creditor
314
Joint Obligations of Discharged Debtor are Discharged
316
Book Re 3 McLean 317 136
317
Discharge from one Class of Debts
318
Recognizance under Poor Debtor Law
319
Lucius Hart Mfg Co Re 17 N B R 459 266
320
Discharge must be pleaded
321
Summary Discharge or Stay of Executions
322
Pleading Discharge continued
323
Second Bankruptcy
324
All Rights against Sureties and other Persons liable for Bankrupts Debts are Preserved
325
Consent of Creditors
326
Who may Oppose
327
PART II
329
Sims 6 Mart La n s 66
331
CHAPTER II
335
285
338
Great Western Tel Co v Burnham 162 U S
339
Kensington Ex parte 1 Dea 58 293
340
CHAPTER III
343
Rogers 24 Mo 306
351
Who may become Bankrupts
354
Partners
357
Exeinptions of Bankrupts
364
Death or Insanity of Bankrupts
370
Protection and Detention of Bankrupts
371
Whitlock 7 Paige 373 314
373
Extradition of Bankrupts 314
374
Suits by and against Bankrupts
375
u Ball 11 M W 531 230
377
Compositions when Confirmed
379
Compositions when Set Aside
385
Discharges when Granted
386
Discharges when Revoked
391
CoDebtors of Bankrupts
392
Debts not affected by a Discharge
393
CHAPTER IV
396
Jury Trials
399
Oaths Affirmations
402
Reference of Cases after Adjudication
406
Jurisdiction of United States and State Courts
407
Cuyler 10 Cush 476 155
408
Jurisdiction of Appellate Courts
412
Lyons Co v Perry Co 22 L R A 802
414
Bellingham Bay Co v New Whatcom 172 U S 314
418
Appeals and Writs of Error
420
Arbitration of Controversies
424
Compromises
425
256
428
Offences
429
Rules Forms and Orders
430
CHAPTER V
432
Oaths of Office of Referees
433
Jurisdiction of Referees
434
Compensation of Referees
439
Contempts before Referees
440
Records of Referees 506 Referees Absence or Disability
442
Qualifications of Trustees
443
Death or Removal of Trustees
444
Bellows Ex parte 3 Story 428 242
451
Duties of Clerks
453
257
454
CHAPTER VII
483
U11 DO 101
494
Belton Ex parte 1 Atk 251
510
Great Round World Pub Co Re 1 N B N 130
512
1
514
BANKRUPTCY ACTS
517
Acts in amendment thereof 540
540
Repealing Act
552
may be proved
565
Ames 9 Met 585
585
Acts in amendment thereof 588 589 590
590
Further amending Acts 604
604
Edwards 2 Ch D 499 220
669
Clifford 59 N H 208
673
General Orders 607 et
697
GENERAL INDEX
703
Contingent Liability what Liabilities can be valued
705
200
709
Kibble Ex parte L R 10 Ch 373
721
Edmonds Ex parte 4 DeG F J 488 101
731
Re 2 N B R 204
738
263
743
Butterworth 6 B C 42
771
15
777
Hak Cipta

Edisi yang lain - Lihat semua

Istilah dan frasa umum

Bagian yang populer

Halaman 498 - 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...
Halaman 507 - 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.
Halaman 488 - The debts to have priority, in advance of the payment of dividends to creditors, and to be paid in full out of bankrupt estates, and the order of payment shall be (1) the actual and necessary cost of preserving the estate subsequent to filing the petition...
Halaman 577 - ... or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally — the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby, or by such attachment, having reasonable cause to believe such person is insolvent, and that such attachment.
Halaman 478 - If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind, for property which becomes a part of the debtor's estate, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recoverable from him.
Halaman 354 - ... any corporation engaged principally in manufacturing, trading, printing, publishing, mining, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act.
Halaman 365 - ... a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known (if unknown that fact to be stated...
Halaman 21 - ... a person is presumed to intend to do that which he voluntarily does in fact do, and must be presumed to intend the natural and probable consequences of his own acts...
Halaman 394 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Halaman 375 - A suit which is founded upon a claim from which a discharge would be a release, and which is pending against a person at the time of the filing of a petition against him, shall be stayed until after an adjudication or the dismissal of the petition...

Informasi bibliografi