A Treatise on the Law of Bankruptcy

Sampul Depan
Little, Brown and Company, 1899 - 786 halaman
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Buchanan Re 10 N B R 97 34 35
lxxvi
Kelly Re 91 Fed Rep 504
lxxix
Lanz Re 14 N B R 159
lxxxvi
Carey 37 Tex 67
lxxxix
Gowar Re 1 M D DeG 1
xc
Buckingham Ex parte 1 M D DeG 235 96
xciii
Forsyth 21 How 85
xciv
La Point v Blanchard 101 Cal 549
xcvi
Escott 2 Keen 444
xcvii
Tweed 9 Wall 425
c
London etc Bank v Narraway L R 15 Eq 93
ci
Koblitz 49 Ohio St 41
cii
Wright 51 Barb 244 207
civ
Everett Ex parte 2 Rose 113
cvi
Herring 1 Russ M 153
cix
Foot Re 8 Ben 228
cx
Lords Estate Re L R 2 Eq 605
cxi
Graham Re 2 Dea Ch 554
cxii
Stone 3 Story 446
cxiv
Forsyth and Murtha Re 7 N B R 174
cxvii
Frond Cowp 138 320
cxxiii
Rogers 24 Mo 306
cxxv
Foss Ex parte 2 DeG J 230
cxxvii
Witherby 7 Q B 491
cxxviii
PART I
1
Commissioners of Wilkes v Staley 82 N C 395 307
6
Assignment Laws of State
10
Special Dormant and Nominal Partners
16
Voluntary Petition
30
CHAPTER XII
31
Durgy Cement Co v OBrien 123 Mass 12 254
32
PAOB
42
Petition by Creditors
44
Bucklin 97 Mass 256 105
62
Pierce 25 Maine 233
64
199
67
Calcote 28 Miss 432 103 300 317
69
Mullanphy Co 92 Mo
79
Morrison 17 Ves 193 26 50 97 99 230 244
81
Fowle 120 Mass 447
83
148 289
85
69
90
Johnson 34 N H 489 158
96
Knowledge of Creditors Attorney Hoover v Wise
100
Louisville Nashville R R v Louisville 166 U S 709
101
Brackett 34 N H
102
Holt Ex parte 1 Dea 248
103
Buffums Case 13 N H 14 i 303
106
EXAMINATION OF THE BANKRUPT AND OTHERS IN RESPECT TO THE AFFAIRS OF THE BANKRUPT PAGE 142 Examinations in Bankru...
108
Whether Debtor can be examined before Adjudication
109
Examination of Bankrupt
110
Bankrupt in Prison or out of Jurisdiction
111
Who may examine
112
Whether the Bankrupt can examine his Assignees
113
Order for Examination and Service thereof
114
Production of Books and Papers
116
Deponent may have Counsel
117
Examination as Evidence
118
BANKRUPTCY OF PARTNERS
119
Constitutional Protection in the United States
120
Examination of Attorney
121
Examination as Evidence
122
CHAPTER VIII
124
Bond etc
125
Bankrupt Drawer or Indorser O
127
If Contingency happens before Close of Bankruptcy the Debt may be proved
128
McIver 16 East
130
Alimony
131
Blaydes Ex parte 1 Gl J 179 302
165
King Ex parte Cooke 7th ed
168
Beecher 35 Conn 469 56
173
Homborg Ex parte 2 M D DeG 642
174
DArcy 2 Sch Lef 403
176
Atlantic Ins Co 1 Pet 386
178
Bradley 89 Cal 557 v 306 390
183
Grazebrook Ex parte 2 Dea Ch
186
Gardner 4 Ben 479
190
Crawford 19 Ohio 126
200
West 91 Fed Rep 237
204
Long 104 U S 228
212
Assignees or Trustees
214
Confirmation Qualifications
215
Removal of Assignee
216
Assignment cannot be Collaterally Impeached
217
Expunging reducing and amending Proofs
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
224
Actions for Damage to Property vest in the Assignee
225
Whether a Judgment obtained pending the Bankruptcy
226
Subject to Equities
227
Property held by Bankrupt in Secret Trust
228
Secret Liens
229
Assignees may avoid any Deed which Creditors could avoid
230
Bunny Ex parte 1 DeG J 309 22 33
231
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
239
Powers of Appointment
240
Attachments
241
Statutory Right of Action
242
Attachment of Firm Property
244
Dissolution of Attachment Creditors Rights
245
Bond to Dissolve Attachment
246
Attachment of Exempted Property
247
Distress for Rent
248
Assignees succeed to the Titie which is displaced
249
Assignees may condone a Fraud
250
Statute of Anne
251
Assignees may prosecute pending Suits
252
Stoppage in Transitu
253
Assignees taking possession after Goods are stopped 231
254
Insolvent Buyer may refuse the Goods
255
Stoppage in Transitu does not Rescind Sale
256
Title Incomplete
257
Property fraudulently held by Bankrupt
258
After acquired Property
259
Advice of Creditors 200
260
Bankrupt as Agent or Trustee
261
Suits by Bankrupt as Trustee
262
What Property is Onerous
263
Acceptance of Onerous Property by Assignees
264
Accepted Property
265
Bankruptcy does not revoke a Will
274
Authority of Agent and Partner
275
General Summary of the Assignees Title
276
CHAPTER XIII
277
Secured Creditor may apply for a Sale
279
Rights of Assignees
280
All Persons whose Liens are affected must be made Parties
281
The Rule in Bankruptcy is now more generally adopted
282
Law of 1867
283
Policy on Life
284
Property of Wife and of Husband jure mariti
285
Exempted Property
286
Surety Law of Massachusetts and Maine
288
Security held by Surety
289
Valuation of Security Agreement
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
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
CHAPTER II
335
Act of Bankruptcy
343
Who may become Bankrupts
354
Partners
357
Exeinptions of Bankrupts
363
Duties of Bankrupts
364
Death or Insanity of Bankrupts
370
Protection and Detention of Bankrupts
371
Whitlock 7 Paige
373
Extradition of Bankrupts
374
Suits by and against Bankrupts
375
Compositions when Confirmed
379
Compositions when Set Aside
385
Discharges when Granted
386
Lee and Chapmans Case 30 Ch D 216
388
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
Borden o Cuyler 10 Cush 476 V 155
408
Jurisdiction of Appellate Courts
412
Fairman Ex parte 3 Dea 467
415
Appeals and Writs of Error
420
Arbitration of Controversies
424
Compromises
425
Offences
426
Woodson 4 Ga 175
428
Rules Forms and Orders
430
CHAPTER V
432
Oaths of Office of Referees
433
Jurisdiction of Referees
434
Duties of Referees
436
Compensation of Referees
439
Contempts before Referees
440
Records of Referees
441
Referees Absence or Disability 442 1
442
Qualifications of Trustees
443
Death or Removal of Trustees
444
Duties of Trustees
445
Compensation of Trustees
449
Contract Corp Re L R 6 Ch 145 119
450
Accounts and Papers of Trustees 513 Bonds of Referees and Trustees
451
Duties of Clerks
453
Compensation of Clerks and Marshals
455
Duties of AttorneyGeneral 517 Statistics of Bankruptcy Proceedings PAGE 444 445 449 451 451 453 455 456
456
CHAPTER VI
457
Meetings of Creditors
469
Voters at Meetings of Creditors 520 Proof and Allowance of Claims 521 Notices to Creditors 522 Who may File and Dismiss Petitions
470
Preferred Creditors 457 460 461 468
475
Olmstead 6 Pick
481
CHAPTER VII
483
Expenses of Administering Estates 526 Debts which may be Proved
484
Debts which have Priority
488
Declaration and Payment of Dividends
493
Unclaimed Dividends 530 Liens
496
Lyons Co v Perry Co 22 L R A 802
499
Setoffs and Counter Clairns 532 Possession of Property 533 Title to Property
505
Farlow Ex parte 1 Rose 421
508
Effect of Bankrupt Act on Proceedings under State Laws
514
BANKRUPTCY ACTS
517
Farmers Bank Re 13 Fed Rep 361
518
Acts in amendment thereof 540
540
Repealing Act
552
Farr Ex parte 10 L T N S 44
560
Acts in amendment thereof 588 589 590
590
Crawford 2 N B R
602
Further amending Acts 604
604
Ault 7 Exch
669
General Orders 607 et
697
GENERAL INDEX
703
488
705
Howston 78 Ala 250
710
495
716
496
731
504
743
505
746
514
753
15
777
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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...

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