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INDEX.

727

DIRECTORS,

of corporations, preference of, 43, 69, 70.
malfeasance of, assignee's right of action, 242.

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.
withdrawal of, 300.

387.

assent of creditors not necessary,
attachment for contempt, release, 303.
bond to dissolve attachment, 318, 319.
bribing a creditor, refusal of, 390.
circuit court has no jurisdiction, 392.
classes of debts, only one affected, 318.
clerk, notice of hearing, 438, 470.
collateral attack, none, 301.

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.
not provable not released, 303.
due State not released, 310.

defalcation excepted from, 308.

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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.
fraudulent debt, not released, 306–307.

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.
judgment, in action for fraud not released, 308.
pending proceedings, 319, 321.

notice of, 469.

hearing, 387, 388.

obtained by fraud, revocation, 391.

offense, committing prevents a, 388.

opposing, who may oppose, 327, 388.
order of, 406.

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.
proof, does not estop creditor to dispute, 327.
withdrawal revives an exemption, 314.

property revests in bankrupt, 406.
publication of notice of hearing, 470.
recalling on account of mistake, 300.
recognizance, 319.

referee has no power over, 434.
refusal, 326.

concealment of property, 388, 389.
destruction of books of account, 388.

English statute, 327.

failure to deliver assets to assignee, 327.

false oath, 388, 389.

neglect to keep books of account, 327, 388-390.
reasons for, 386.

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.
creditor's knowledge of fraud in obtaining, 300.
"fraudulently obtaining," 299.

"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.
wife's debt, 309.

DISCHARGED DEBT,

conditional promise, 184.

new consideration, 183.

new promise, 182.

before bankruptcy is not valid, 186.

at time of discharge is suspicious, 186.
defence to suit on, 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.
no set-off on, 203.

DISCLAIMER OF ONEROUS PROPERTY,

effect of, 267, 268.

DISMISSAL,

of petition, 35, 471.

for equitable reasons, 39, 399.

of proceedings, creditor may oppose, 460.
notice, 469, 477.

referee gives notice, 438.

DISOBEDIENCE,

to an order before the referee, 440.

DISPOSAL OF PROPERTY BY DEBTOR,
injunction to prevent, 353.

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,
jurisdiction, 410–412.

in issue, appeal direct to Supreme Court, 415.
only has power over compositions and discharges, 401.

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.
creditors do not now declare, 470.
by referee, 436.

DIVIDENDS― continued.
foreign bankruptcy, 493, 495.
indorsement on note, 465.
notice of, 469, 470, 494.
by referee, 438.

payment of, 493, 495.

by trustee, 446-448.

proof of new claims, 493.

reconsidered claim, recovery of, 463, 468.
refunding, 167.

sheets, delivery to trustee, 436, 437.
time for payment by trustee, 495.
unclaimed, 495, 496.

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 clerk, 453, 454.

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.

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