A Treatise on the Law of Bankruptcy

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

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Isi

Accid etc Co Re L R 5 Eq 22 112
lxxiv
Bear Re 5 Fed Rep 53
lxxviii
Contract Corp Re L R 6 Ch 145
lxxxi
Book Re 3 McLean 317
lxxxii
Beauchamp Bros Re 1894 1 Q B 1
lxxxv
Lanz Re 14 N B R 159
lxxxvi
Ackroyd Ex parte 1 M D DeG 555 216
lxxxviii
v Carey 37 Tex 67
lxxxix
Learoyd 140 Mass 524 222
xci
Escott 2 Keen 444
xcii
Eames Ex parte 2 Story 322
xciii
Adams Re 2 Ben 503 115
xciv
Burgoyne Re 8 Morrell 139
xcvi
Exchange Bank v Knox 19 Gratt 739
xcviii
Early Ex parte 14 L T N s 296
xcix
Rogers 6 Tex 91
ci
Fletcher Ex parte 6 Ch D 350
civ
Burn Ex parte 2 Rose 55
cv
Hutchinson L R 15 Eq 30
cvii
Lathrop Re 3 N B R 46
cx
Becket Re 2 Woods 173
cxii
Re 10 Morrell 111
cxv
Louch Ex parte DeG 463
cxvi
Flower Ex parte 4 Dea Ch 120
cxxii
Holtz Re 1 N B N 204
cxxiv
Ex parte DeG 378
cxxv
PART I
1
Uniformity
2
Uniformity of Construction
4
Power of Congress not exclusive
5
What Laws suspended
6
Assignment Laws of State
7
Acts otherwise valid may be Acts of Bankruptcy
8
Meaning of Suspension
9
CHAPTER II
10
Infants
11
Whether the Debtor can ratify after attaining Majority
12
Insane Debtor
13
Aliens
15
Retired Partner
16
PREFERENCES
21
Knowledge of Transferee
26
Morange 18 Johns 336 321 323
27
PAGE
31
183 185
34
Adamson Ex parte 8 Ch D 807 138 154 155 166
36
Bohn 45 Md 278
37
Preferences at Law
42
Law of Preference in the United States and England
43
Petition by Creditors
44
The English Doctrine
46
Statutory Definitions
47
No Particular Mode of Transfer necessary
48
Being Insolvent
49
Payment Gift etc Conveyance of all
50
Intent to prefer Pressure
52
Later Cases in England
53
Intent to prefer continued
56
Injury to General Creditors Exempted Property Liens
58
Transfer for Value etc
59
No Defence that Creditor had Security of a Third Person
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
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
What is Property of the Firm
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
Same Persons Partners in Different Places
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
183 186
119
CHAPTER VIII
124
Kellocks Case L R 3 Ch 769 281
129
Surety Proof by Surety when Principal is Bankrupt
131
Proof by Copromisors and Cosureties
134
Subrogation when Surety and Principal are both Bankrupt
135
Proof of Judgments and Awards
136
Unliquidated Damages
137
Equitable Liabilities may be proved
138
Equitable Liabilities in Rhode Island Massachusetts and Maine
139
Proof by Solvent Partner
141
Solvent Partner paying Debts
142
Proof between Estates when some Partners are the same
143
Proof of Costs against a Plaintiff
144
Proof of Costs against a Defendant
145
Torts Fines and Penalties
146
Debts bought after Bankruptcy
147
Amount for which Proof may be made
148
Amount of Proof by Surety
149
Credits after Proof
150
Surety for Part of Debt entitled to Share of Dividends
151
Amount of Proof Interest
152
Creditor may hold his full Security
153
Proof against both Joint and Separate Estates
154
Double Proof Breach of Trust
155
Time of proving Limitations
157
Laches in proving as affecting the Right to a Declared Dividend
158
Suspending Proof
159
Objections to Proof Equitable Defences
160
Debt barred by Time before the Bankruptcy not provable
161
Statute of Limitations not affected by Bankruptcy
162
Debt made or increased in contemplation of Bankruptcy
163
Preferred Creditor
164
Proof is Submission to Jurisdiction
166
218 Expunging reducing and amending Proofs
167
Farr Ex parte 10 L T N s 44
171
Judgment to ascertain Amount
173
Wilson 12 M W 191
174
Woodson 4 Ga
175
Cook County Bank v United States 107 U S 445
177
CHAPTER X
182
Harrington 122 N Y 408
183
CHAPTER XI
188
Setoff independent of Statute
189
Assignees bound by Ordinary Practice of Setoff
190
Mutual Credit
191
Rose v Hart
192
French v Fenn Easum v Cato
193
Banker and Customer
194
Annulling and Discharge as affecting Setoff
203
Joint and Separate Debts
204
Joint and Separate Debts in Bankruptcy
205
Factors and Brokers
206
Form of Action Immaterial
207
Secured Debts
208
Setoff as affected by Statute of Limitations
209
Sureties
210
Burden of Proof
211
Setoff lost or waived
212
CHAPTER XII
214
Confirmation Qualifications
215
Removal of 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
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
Secret Liens
229
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
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 Title which is displaced
249
Assignees may condone a Fraud
250
Assignees may prosecute pending Suits
252
Stoppage in Transitu
253
Assignees taking possession after Goods are stopped
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
Rejected Lease
266
Assignees may enforce a Contract for Lease
267
Unfinished Contracts
268
Shares in Companies Laches
269
Assignees are Fiduciaries
270
Revocation by Bankruptcy
271
Agreement between Landlord and Tenant
272
Naked Powers
273
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
Security for Composition
287
Surety Law of Massachusetts and Maine
288
Security held by Surety
289
Valuation of Security Agreement
291
271 272
293
Inglee 13 N B R 239
296
CHAPTER XIV
298
Morris Co 91 Fed Rep 365
308
Kerr Re 9 N B R 566 3
310
156
317
Corporations
324
All Rights against Sureties and other Persons liable for Bankrupts Debts are Preserved
325
Consent of Creditors
326
Who may Oppose
327
Green Ex parte Atk 257
328
PART II
329
Adler Clothing Co v Hellman 75 N W Rep Neb 877 27
334
CHAPTER II
335
CHAPTER III
343
Who may become Bankrupts
354
Partners
357
Exemptions of Bankrupts
363
Duties of Bankrupts
364
Death or Insanity of Bankrupts
370
Protection and Detention of Bankrupts
371
Kibble Ex parte L R 10 Ch 373 12 172
373
Extradition of Bankrupts
374
Suits by and against Bankrupts
375
Anderson Raym 375 15
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 Affirmatious
402
Reference of Cases after Adjudication
406
Jurisdiction of United States and State Courts
407
Idler 159 U S
408
Jurisdiction of Appellate Courts
412
Appeals and Writs of Error
420
Arbitration of Controversies
424
Compromises
425
Offences
429
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
Qualifications of Trustees
443
Death or Removal of Trustees
444
Compensation of Clerks and Marshals
455
CHAPTER VII
483
Future Rent
485
Declaration and Payment of Dividends
493
BANKRUPTCY ACTS
517
Liens
530
Acts in amendment thereof
541
Repealing
552
v Woodruff 87 Ill
570
APPENDIX II
607
Mackay Ex parte L R 8 Ch
643
Alimony
705
བླླ
717
136 327
743
Possession of Property
755
226
784
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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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