PARTNERS - · continued. marshalling assets, 90, 91. new partners taken in by firm, 106. one partner bankrupt, 96. petition, authority of one partner to bring, 32. by or against, 15, 29, 359. in different districts, 90, 430. dismissal as to solvent partners, 15. form of, 472. preference, 71. proof, when allowed by, 101, 361. ambiguity, election, 94. debt not connected with firm, 140, 141. joint estate, none and no solvent partner, 95, 360, 361. by one partner for the firm, 465. property of firm, 92. retired, petition, 16. proof, 141. separate bankruptcies, consolidation, 90. judgment on firm obligation, 93. on joint and separate obligation, no merger, 94. property, 92. solvent, may continue business, 233. paying debts may prove, 101. proof by, 141. special, petition, 16. suit against, discontinued as to bankrupt partner, 317. of joint estate, 102. of separate estate, 102. surviving, petition, 16. trustee, appointment of, 357, 461. tenant-in-common with solvent partners, 97, 98. PARTNERSHIP, accounts of trustees, 357, 360. all partners not bankrupt, practice, 358, 363. appointment of trustee, 357, 359. may be made bankrupt at any time before firm affairs are settled, court having jurisdiction over one partner may have control of bank- different petitions against, 360. dissolution, petition, 16. is an entity apart from its members, 358. expenses to be paid by joint and separate estate, 357. firm estate may prove against separate estates, 358, 361. joint assets pay joint debts, 357, 358, 360, 361. none and no solvent partner, proof by joint creditors, 95, 360, 361. marshalling, 357, 358, 360, 361. objecting partner may defend petition, 359. must have notice, 359. one partner, bankruptcy of, 96, 358. petition by, 359. partner can not prove, 361. partner's estate may prove, 361. petition, form of, 472. preference, conversion of assets, 362. prevention of, 358, 362. proceedings in different districts, 360. proof by partner of debt disconnected with firm, 361. referee has only one fee, 440. schedules, 359. separate assets pay separate debts, 358, 360, 361. separate creditors, interest on debts of, 362. prove against separate assets, 358, 360, 361. separate estate may prove against joint estate, 358. solvent partner, no bankruptcy if there is one, 359. state, power of over insolvent partnerships, 8. surplus of joint estate goes to separate estate, 362. of separate estate goes to joint estate, 362. trustee keeps separate accounts of joint and separate property, 357. PASSAGE OF ACT, date of, 514. effect on state laws, 5 et seq., 514. PATENTS PASS TO TRUSTEE, 233, 506. PATENT LAW, jurisdiction of Circuit Court of Appeals, 414. PATENT SUITS, jurisdiction of, 409. PAUPERIS, petition in forma, 454. affidavit, truth of may be inquired into, 454. debtor must pay fee out of exempt property, 455. PENALTY, action for vests in assignee, 223. of bankrupt, trustee not liable, 453. proof, 146, 463, 468. PENDING, proceedings, judgment, proof, 172, 173, 487. PENSIONS, assignee's title, 237. PERISHABLE PROPERTY, creditor may petition for sale of, 459, 460. petition for sale of, 511. sale of without notice, 511. what is, 512. PERMITTING, lien, validity, 497. preference, act of bankruptcy, 343. PERSONAL, action does not pass to trustee, 237, 238, 511. injuries, action does not vest in trustees, 238. PERSONAL PROPERTY, sale by trustee, 512, 513. petition for, 513. PERSONS, allegation of petition against, 473. definition of, 331. secondarily liable, preference of, 348. subject to bankrupt law, 2, 354. PETITION, allegations of, 33, 471 et seq. act of bankruptcy, 397. insolvency, 474. amendment, 34, 397, 398, 431, 475. allegation of earlier act of bankruptcy, 34. by creditors, 31, 470. estoppel, 35, 351. only creditors can oppose, 477. debt, amount of, 470. against debtor, 20, 470. definition, 331. dismissal, 34, 35, 399, 471. for equitable reasons, 39, 399. order, form of, 399. for examination of attorney's fee, 478, 479. filing, in duplicate, 470. within four months, 343. subpoena issued later, 352. forbearance of, is a good consideration, 37. formal objection waived by answer, 377. intervention of creditor, 81. joinder of creditors, 34, 471, 477. oath to is necessary, 397. by one creditor, allegations, 472. partner has authority to bring, 32. against partners in different districts, 360. for possession of property, 505. prayer of, 472, 476. purchaser after filing gets no title, 510. for reconsideration of claim, 468. referee, power of over, 436. for removal of trustee, 445. service of, 396, 398. third persons, actions against, should not be added to, 475. time of filing, 32, 33, 352. computation of, 32, 352. recording of fraudulent transfer, 33, 352. by trustee, for arbitration, 449. for re-examination of claim, 449. voluntary, 20. who may file, 470. withdrawal of, 38. must be written plainly, 397. PETITIONING CREDITOR, attorney's fee, priority, 488. bond to prosecute petition, 39, 40. for possession of property, 353, 504. contingent debt, 31. costs of, 490. counsel fees, 490. debt of, 31. English law, 35. need not have owned at time of act of bankruptcy, 476. joinder of, 34, 471, 477. number of, 470. hearing on, 470, 471. payment to, 37, 477. possession of property, 344, 345, 353, 504. schedule, filing when debtor is absent, 367, 437, 438. tender to, 478. withdrawal of, 34. PLACE OF BUSINESS, allegation of, 471, 472, 473. meaning of, 338. petition must be brought at principal, 337, 338. PLEADING, any creditor may file, 398. oath to, 396. time for filing, 396. POLICY OF INSURANCE, assignee's title, 221. surrender value, trustee's title, 221, 222, 506, 511. policy exempt under State law, 511. policy payable to wife or children, 511. POOR DEBTOR LAWS NOT SUSPENDED, 5. POSSESSION, bankrupt may be compelled to give to purchaser from trustee, 340. application for, 339, 344, 315, 353. certificate of judge's absence or sickness, 454. petition for, 505. referee, jurisdiction of, 434, 435. no power if judge is present, 436. of third persons, no summary seizure of, 505. transferred by bankrupt, date of act of bankruptcy, 344. POWER, of appointment, trustee's title, 240, 506. held by third person, possibility of its exercise in bankrupt's of attorney, acknowledgment, 333. execution, 333. of Congress, 5. coupled with an interest, not revoked by bankruptcy, 271, 273, 274. of court in general, 337. revoked by bankruptcy, 273. not revoked by relation, 274. of sale mortgage, not revoked by bankruptcy, 274. of State, 6. trustee's title, 506, 509. |