INDEX. 727 DIRECTORS, of corporations, preference of, 43, 69, 70. DISABILITY, of judge, 435. of referee, 442. DISCHARGE, acts which prevent, 326. amendments in the law apply to pending cases, 298. appeal, to circuit court of appeals, 420. none to Supreme Court, 422. application for, 386. must be filed promptly, 387. hearing, 386. without waiting for result of litigation, 302. 387. assent of creditors not necessary, collateral covenants, release of, 309, 310. conclusive, 301, 406. conditions of, 298. consent of creditors, 326. continuing contract, damages, 312, 313. corporation, 324, 387. stockholder's liability, 393. costs connected with debts, 311, 312. court, power of, 336. covenants of title not released, 310. creditor assenting to, surety not released, 315, 316. creditor not notified, 325, 394. creditor may oppose, 460. creditor may ask for revocation, 460. creditor's right under state insolvent law to after-acquired property, 310. debts, not affected by, 393, 394. all are released if there is no exception in the statute, 305. excepted from, 304 et seq. provable are released, 302. defalcation excepted from, 308. discretion of court in granting, 299. disqualifications, 388, 389. estoppel, covenants of title, 310. exemption personal to creditor is lost by proof, 314. fiduciary debt not released, 305. firm debt created by fraud, partners not released, 307. form of, 327, 328, 391. fraud collateral to a debt does not make the debt fraudulent, 307. condonation, 307. not a disqualification, 390. fraud must be in contracting debt, 307. frivolous objections, costs, 391. granting, power of legislature, 298. hearing, practice, 388. joint debts released, 316. judge, must pass on, 388. may refer it to referee to report on facts, 388. notice of, 469. hearing, 387, 388. obtained by fraud, revocation, 391. offense, committing prevents a, 388. opposing, who may oppose, 327, 388. certified copy, 404. order revoking, certified copy, 404. partner not released by, 393. personal to bankrupt, 314, 315. persons liable for debt not released, 315. petition for, 387. petition in forma pauperis, payment of costs, 391. pleading, 321. within reasonable time, 323, 324. pending an appeal, 323. defendant may allege want of jurisdiction, 323. obtained too late, court may open case, 323. mode of, 322, 323. no objection to plea that creditor was fraudulently omitted from schedule, 301, 302. opportunity to plead, 322. third persons can not plead, 315. postponing to admit proof by creditors, 302. preference to induce withdrawal of opposition, 83. to promote, 82. DISCHARGE- continued. without knowledge of bankrupt, 82. property revests in bankrupt, 406. referee has no power over, 434. concealment of property, 388, 389. English statute, 327. failure to deliver assets to assignee, 327. false oath, 388, 389. neglect to keep books of account, 327, 388-390. set off, 203. review, by circuit court of appeals, 420. of order refusing, 420. revocation of, 299, 300, 391, 392. no appeal from, 422. application of property, 489, 492. application for, 392. who may apply, 392. applicant must be ignorant of the fraud, 392. "parties in interest," 392. trial, 392, 401. trustee's title, 507. shares, assessments on, not released, 313. specifications against, 390. time for filing, 388. under state law void, 6. sureties not released, 325, 392. tort, election to prove, 313, 314. of trustee, 379, 449, 451, 459. voluntary debtor must pay costs, 455. DISCHARGED DEBT, conditional promise, 184. new consideration, 183. new promise, 182. before bankruptcy is not valid, 186. at time of discharge is suspicious, 186. to holder of note may be taken advantage of by endorsee, 187. DISCHARGED DEBT- continued. question for jury, 184. Statute of Frauds, 185. suit should be on old debt, 185. to third party, 187. note partly for old debt and partly for new, 185. DISCLAIMER OF ONEROUS PROPERTY, effect of, 267, 268. DISMISSAL, of petition, 35, 471. for equitable reasons, 39, 399. of proceedings, creditor may oppose, 460. referee gives notice, 438. DISOBEDIENCE, to an order before the referee, 440. DISPOSAL OF PROPERTY BY DEBTOR, DISSOLUTION, of attachments, 241, 242. assignee's rights, 215, 249. creditor's rights, 245. of liens, 497. none in compositions, 243. trustee subrogated to creditor's rights, 501. DISTILLERY COMPANY, is subject to bankruptcy, 356. DISTRESS FOR RENT, 248. DISTRIBUTION OF COMPOSITION, 385. DISTRICT OF COLUMBIA, appeal from, 413. DISTRICT COURT, in issue, appeal direct to Supreme Court, 415. DISTRICTS OF REFEREES, 432. DIVERSITY OF CITIZENSHIP, jurisdiction of circuit court of appeals, 414. DIVIDENDS, contingent debt, 486. declaration of, 493, 494. first and second. 437. by creditors under Act of 1867, 494. DIVIDENDS― continued. payment of, 493, 495. by trustee, 446-448. proof of new claims, 493. reconsidered claim, recovery of, 463, 468. sheets, delivery to trustee, 436, 437. DIVISIBLE CAUSE OF ACTION, assignee's title, 239, 240. DOCKET, 398. clerk keeps a, 454. DOCUMENT, definition of, 330. neglect to produce, 440, 441. secreting or destroying, punishment, 426. trustee's title to, 506. DOMICILE, meaning of, 338. petition at place of debtor's, 18. DORMANT PARTNER, petition, 17. proof against, 100. ᎠᎡᎪᎳᎬᎡ, proof against, 127. DUPLICATE PETITIONS MUST BE FILED, 470, 476. DUTIES, of bankrupt, 364. of trustees, 445. E. ELECTION, of assignee, creditors losing votes, 216. partners, obligation ambiguous in its terms, 94. EMBEZZLEMENT, debt by, not discharged, 394. EMPLOYEES, who have joined in petition are counted, 471. who have not joined not counted, 476. |