A Treatise on the Law of Bankruptcy

Přední strana obálky
Little, Brown and Company, 1899 - Počet stran: 786

Vyhledávání v knize

Obsah

Grainger Ex parte 24 L T N s 334
lxxiv
Buchanan Re 10 N B R 97 34 35
lxxvi
Bear Re 5 Fed Rep 53
lxxviii
Long 104 U S 228
lxxxi
Gray Re 111 N Y 404
lxxxii
Beauchamp Bros Re 1894 1 Q B 1
lxxxv
Lanz Re 14 N B R 159 28
lxxxvi
Carson 2 La An 459
lxxxviii
Carey 37 Tex 67 307
lxxxix
Grazebrook Ex parte 2 Dea Ch 186
xc
Escott 2 Keen 444
xcii
Early Ex parte 14 L T N s 296
xcix
Buckingham Ex parte 1 M D DeG 235 96
ci
Cass 1 B Ad 343
cii
v Pearson 14 N B R 37 305
civ
Everett Ex parte 2 Rose 113
cvi
Butler 135 Mass 135
cviii
Becket Re 2 Woods 173
cxii
Frond Cowp 138 320
cxxiii
Holtz Re 1 N B N 204
cxxiv
Compton 2 N B R 607
cxxvii
450
cxxix
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
Lawrence Ex parte 1 B P 477 304
25
Sheldon 6 Hill 9
26
CHAPTER IV
31
183 185
34
7 231
37
Preferences at Law
42
Law of Preference in the United States and England
43
Worseley v De Mattos Alderson v Temple
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
Henderson 1 East 335
126
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
Proof is Submission to Jurisdiction
166
Expunging reducing and amending Proofs
167
Farr Ex parte 10 L T N s 44
171
Beecher 35 Conn 469 56
173
CHAPTER IX
174
Woodson 4 Ga
175
Cook County Bank v United States 107 U S 445
177
Executor of Assignee
180
Manson
182
Ford Ex parte 1 Ch D 521 221 249
185
Statute of Anne
188
Crawford 2 N B R 602
189
Sims 6 Mart La N s 66
190
Banker and Custoiner
194
Forsyth and Murtha Re 7 N B R 174 79
198
Trustee and Cestui que Trust
200
Adams Bank v Rice 2 Allen 480
202
Rogers 24 Mo 306
204
Factors and Brokers
206
Setoff lost or waived
212
Assignees or Trustees
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
Bunny Ex parte 1 DeG J 309 22 33
231
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
166 302
243
Belton Ex parte 1 Atk
251
Kenyon Re 6 N B R 238 28
265
Trustees under a Deed of Arrangement
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
Setoff subject to Equities of Third Persons
287
Surety Law of Massachusetts and Maine
288
Security held by Surety
289
Valuation of Security Agreement
291
CHAPTER XIV
298
Fowler Re 1 N B N 680 20 340 399
300
Morris Co 91 Fed Rep 365 411
308
Bonner 17 Beav 86
309
Kerr Re 9 N B R 566 3
310
Ex parte 4 B Ad 811
317
All Rights against Sureties and other Persons liable
325
CHAPTER II
335
CHAPTER III
343
Coombes Trustee Re 1 Giff 91
358
Kibble Ex parte L R 10 Ch 373 12 172
373
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 Affirmations
402
Reference of Cases after Adjudication
406
Jurisdiction of United States and State Courts
407
Nash 9 B C 145 263
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
Declaration and Payment of Dividends
493
BANKRUPTCY ACTS
517
Liens
530
Acts in amendment thereof 540
540
Repealing Act
552
Acts in amendment thereof 588 589 590
590
Further amending Acts 604
604
General Orders 607 et
697
GENERAL INDEX
703
37 88
727
Possession of Property
755
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Oblíbené pasáže

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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