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APPEARANCE,

by attorney, 398.

pro se by bankrupt or creditor, 398.
APPLICATION,

for composition, practice, 383.

for discharge, 386 et seq.

hearing, 386 et seq.

reasons for refusing discharge, 386 et seq.

APPOINTMENT,

of assignees, 214.

power of, assignee's title, 240,

trustee's title, 506, 509.

of referee, 432.

of trustee, 341, 442, 443.

approval of, 442, 443.

notice to trustee, 438, 439, 443, 446.

trustee must not have used unfair means to secure, 443.

APPRAISAL OF PROPERTY, 506, 511.

APPRAISERS,

appointment of, 506, 511.

APPROVAL,

of trusteee, 442, 443.

review by judge, 443.

of trustee's bond, 405.

copy of order, 447.

ARBITRATION,

agreement for revoked by bankruptcy, 275.
acted on, not revoked, 275.

of controversies by trustee, 424, 425, 449.
application for, 425, 449.

no notice necessary, 425, 449.
referee may authorize, 424, 425.
by order of court not revoked, 275.
ARBITRATORS,

choice of, 424.

ARREST OF BANKRUPT, 371, 372.

for contempt, 371.

none while attending court, 373.

not affected by subsequent bankruptcy, 373.
on debt not released by discharge, 371–373.
to prevent his leaving district, 372, 374.
protection from, 373.

release from, 373.

ASSENT,

to discharge by creditors not necessary, 387.

by creditors to voluntary assignment, no petition by, 35, 36, 351.

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ASSIGNEES. (See also Trustees.)

Appointment and Removal.

appointment, 214.

additional assignee to represent a class of creditors, 216, 217.
ancillary assignee, 216.

bankrupt procuring election, 215.

canvassing for votes, 215.

confirmation of, 215.

loss of votes by creditors, 216.

qualifications for, 215.

residence of, 216.

removal of, 216.

Duties and Powers.

acts of assignees are valid as to third parties though irregular, 222.
deed of assignee passes good title, 222.

sale at private sale passes good title though irregular, 222.

assignees cannot bid at sale, 292.

assignees cannot buy property of estate, 270.

assignees cannot delegate discretionary powers, 269.

assignees cannot require purchaser from bankrupt to indemnify him
from covenants not relieved by bankruptcy, 266.

assignees may bring petitions in bankruptcy, 32.

assignees may examine secured creditors, 280.

assignees may condone frauds, 250.

assignees may set aside frauds, 218.

assignees may sell rights of action, 218.

joint assignees must join in all transactions, 270.
Liability.

to cestui for property of bankrupt trustee, 258.
debts due United States, 179.

factor's assignee, liability to principal, 258.

joint assignees not liable for each other, 270.

neglect of property does not give bankrupt the right to take it, 265.
negligence, 269.

binds creditors, 248.

property of third persons, 270, 271.

representations of debtor are binding on assignees, 228, 229.

ASSIGNEES

continued.

undertakings of assignees, personal liability, 270.

Status.

assignees as officers of the court, 217, 218.

represent both debtor aud creditors, 218.

Suits by and against.

assignees may recover full damages though able to pay only small
dividend, 224, 225.

pending suits, 252.

rights of action barred, creditor's right does not revive, 232.

set-off in action by assignee of debt due from bankrupt, 200.

suits against adverse claimants, 407 et seq.

assignees are subject to summary process, 218.

Title.

all debtor's property vests in, 221.

assignee's title is absolute, 218.

assignee's title is exclusive, 230, 231.

assignee's title superior to rights of intervening incumbrances, 249,

250.

assignee's title supersedes creditors' rights, 232.

fraud, right to set aside, 229, 230.

is exclusive, 230, 231.

judgment creditors, assignee's title like that of, 226.

liens, assignees take subject to, 226.

personal action does not vest in assignee, 237, 238.

policy of insurance passes to, 221.

redemption, right of, 280.

relation of title, 219.

avoids all acts, 220.

summary of assignee's title, 276.

surviving partner, assignee of, 16.

trust property, bankrupt's declaration of trust, 228.

creditors' right to attach does not pass to assignee, 228.

ASSIGNMENT,

assent to, creditors who have assented cannot petition, 35, 36, 351.
bill of sale not, 351.

must be for all creditors, 351.

cannot be collaterally attached, 217.

is conclusive, English law, 217.

deed is necessary, 350, 351.

deed in escrow, 350.

defence that debtor was solvent, 351.

failure to record, effect of, 221.

not a general assignment unless so intended, 350.

mortgage not, 351.

notice not necessary, 221.

notice, English law, 220.

not necessary to vest property in trustee, 509.

ASSIGNMENT continued.

-

under poor debtor law is act of bankruptcy, 8.

of proof, execution, 465.

of part of property, 350.

all property, though not purporting to cover all, 350.
under State law, act of bankruptcy, 351.

trustees may avoid, 8.

statute giving priority to United States, 176.

several different transfers not, 351.

to trustee not necessary, 214.

for value not act of bankruptcy, 350.

ASSIGNMENT FOR BENEFIT OF CREDITORS, 24, 343.
ASSIGNMENT LAWS,

acts under, 7. 8.
suspension of, 7.

ATTACHING CREDITORS,

may oppose petition, 477.

costs of, 247.

ATTACHMENT,

bond to dissolve, discharge, 318, 319.

special judgment against sureties, 246, 318.

for contempt, proof, 146.

discharge, 303.

for refusal to obey order of court is not discharged, 304.
dissolution releases receiptor, 246.

not dissolved, qualified judgment, 245.

unless mentioned in the statute, 241, 242.

of exempt property, 247.

joint, not dissolved by bankruptcy of one partner, 244.

land sold subject to lien of, trustee's title, 510.

lien, English law, 243.

before passage of bankrupt law, 247.

priority of United States, 177.

sureties on bond to dissolve, not released, 393.

when voidable, 498, 499, 502.

ATTACHMENTS,

on mesne process, 242, 243.
dissolution, 499, 500, 502.
validity of, 497.

ATTORNEY, 332.

of bankrupt, examination of, 121.
in fact, letter of attorney, 332, 333.
powers of, 333.

fee to, may be examined, 478, 479, 482.
at request of creditors, 460

fee to, not a preference, 68.

priority, 488, 489, 490.

ATTORNEY - continued.

trustee allowed, 450, 451, 490.

at-law does not need a letter of attorney, 332, 333.

letter of, execution, 333.

negligence, action for vests in assignee, 225.

presenting false claim, 428.

proof by, 465.

services of, to bankrupt, fee, 490.

service of process on, 398.

trustee may employ, priority of fee, 490.

trustee may have fee for his own services as attorney, 451, 490.
who may be, 398.

ATTORNEY GENERAL,

duties of, 456.

AUCTION,

sale by trustee, 512.

AUDITING TRUSTEE'S ACCOUNTS, 448.

AUTHOR,

unpublished manuscript does not pass to trustee, 233.
AVOIDANCE,

of attachment by assignee, 249.

of transfer by trustee, 507, 514.

AWARD,

money paid to abide, is not part of assets, 275, 276.
proof of, 136, 137.

BAIL,

B.

discharged if there has been no default, 31.

not discharged after a default, 314.

exonerated in a summary way after discharge, 322.

BAILEE,

has no set-off, 196.

BANK ACCOUNT OF BANKRUPT AS TRUSTEE,

set-off, 201, 202.

BANKRUPT,

after-acquired property belongs to, 260, 492, 513.

arrest of, when allowed, 371, 372.

attorney of, priority of fee, 488, 490.

may conduct his own case, 398.

definition of, 329.

duties of, 364,

evade the act, bankrupt must inform trustee of attempt, 364.
examination, 365.

not to be held more than 150 miles from home, 365, 369,
expenses of bankrupt to be paid, 365, 369.

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