A Treatise on the Law of Bankruptcy

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Little, Brown and Company, 1899 - Počet stran: 786
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Obsah

Flanagan Re 18 N B R 439
lxxiii
Bryant Ex parte 1 GI J 206
lxxiv
Grant Ex parte 13 Ch D 667
lxxv
Bechervaise r Lewis L R 7 C P 372
lxxviii
Grazebrook Ex parte 2 Dea Ch 186
lxxxii
Buckingham Ex parte 1 M D DeG 235
lxxxiv
Parker 65 Penn St 262
lxxxv
Adams Re 2 Ben 503 115
lxxxvi
Cook 125 Mass 406
lxxxviii
Carey 37 Tex 67
lxxxix
Hunt 11 Moore P C 189
xc
82
xci
Swift 91 Ky 191 226
xciv
Burgoyne Re 8 Morrell 139
xcvi
Escott 2 Keen 444
xcvii
Tweed 9 Wall 425
c
Koblitz 49 Ohio St 41
cii
Louch Ex parte DeG 463 14
ciii
Wright 51 Barb 244 207
civ
Burn Ex parte 2 Rose 55
cv
Everett Ex parte 2 Rose 113
cvi
Herring 1 Russ M 153
cix
Pierce 25 Maine 233 2 325
cx
Becket Re 2 Woods 173
cxii
Stone 3 Story 446
cxiv
Foerst Re 93 Fed Rep 190
cxv
Crawford 19 Ohio 126
cxviii
Frond Cowp 138 320
cxxiii
Lawrence Ex parte 1 B P 477
cxxv
PART I
1
Persons not Traders Voluntary Petitions 3 Uniformity
2
Uniformity as applied to Exemptions 5 Uniformity of Construction 6 Criminal Sanctions United States v Fox
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
Walls 27 Ind 384 190
28
CHAPTER III
29
Durgy Cement Co v OBrien 123 Mass 12 254
32
PAOB
42
Petition by Creditors
44
McGregor 13 Allen 172
80
Morrison 17 Ves 193 26 50 97 99 230 244
81
Fowle 120 Mass 447
83
Rodocanachi 7 App Cas 333
85
69
90
Lynes Re 1893 2 Q B 113 11
92
Knowledge of Creditors Attorney Hoover v Wise
100
Holt Ex parte 1 Dea 248
103
Lyons Co v Perry Co 22 L R A 802 69
104
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
Henderson 1 East 335 207
126
Bankrupt Drawer or Indorser O
127
If Contingency happens before Close of Bankruptcy the Debt may be proved
128
Kellocks Case L R 3 Ch 769 281
129
Alimony
131
Proof by Copromisors and Cosureties
134
Subrogation wben 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
Blaydes Ex parte 1 Gl J 179 302
165
Proof is Submission to Jurisdiction 100
166
Expunging reducing and amending Proofs
167
Whitlock 7 Paige 373
169
Beecher 35 Conn 469 56
173
CHAPTER IX
174
CHAPTER X
182
Bradley 89 Cal 557 v 306 390
183
183
198
Adams Bank v Rice 2 Allen 480 16
202
West 91 Fed Rep 237
204
Assignees or Trustees
214
Addison Ex parte 3 DeG S 580 29
216
Belden Re 4 Ben
225
Assignees are like Judgment Creditors
226
Bloxam y Hubbard 5 East 407
227
Adler Clothing Co v Hellman 75 N W Rep Neb 877 27 334
228
Read 3 Hurlst C 955
234
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
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
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 a
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
Divisible Causes of Action
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
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
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
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
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
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
APPENDIX I
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
General Orders 607 et
697
GENERAL INDEX
703
488
705
Howston 78 Ala 250
710
495
716
496
731
Belton Ex parte 1 Atk 251
737
504
743
505
746
514
753
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Strana 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...
Strana 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.
Strana 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...
Strana 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.
Strana 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.
Strana 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.
Strana 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...
Strana 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...
Strana 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...
Strana 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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