The Bankruptcy Antifraud Act of 1986: Hearing Before the Subcommittee on Courts of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, Second Session, on S. 2531 ... September 24, 1986, Volum 4U.S. Government Printing Office, 1987 - 118 sider |
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Vanlige uttrykk og setninger
1898 Bankruptcy Act 95th Cong actual pecuniary loss amici curiae amount automatic stay Bankr bankrupt Bankruptcy Code bankruptcy court bankruptcy debt bankruptcy laws bill CAROLYN ROBINSON Chief State's Attorney claim COAP Collier on Bankruptcy common law fraud condition of probation conditional discharge Congress Conn Connecticut consent decree consumer fraud defendants consumer protection Consumer Protection Act convicted Court of Appeals creditor crime victim criminal law criminal restitution order criminal sanctions debt arises debtor discharge in bankruptcy dischargeable debt enforcement excepted from discharge exception to discharge GERALD BARD TJOFLAT governmental unit imposed intent Itasca County Judge TJOFLAT KELLY Kovacs lawsuit litigation loophole ment MILLER MITCH MCCONNELL nondischargeable order of restitution order restitution Petitioners repealed reprinted in 1978 restitution payments result right to payment Robinson ruptcy Second Circuit Senator GRASSLEY Senator HEFLIN SIEMENS Stat statement statutes subcommittee sumer tion U.S. Code Cong United States Code violation
Populære avsnitt
Side 18 - One of the primary purposes of the Bankruptcy Act is to 'relieve the honest debtor from the weight of oppressive indebtedness, and permit him to start afresh free from the obligations and responsibilities consequent upon business misfortunes.
Side 85 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...
Side 85 - Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...
Side 23 - This purpose of the act has been again and again emphasized by the courts as being of public as well as private interest, in that it gives to the honest but unfortunate debtor who surrenders for distribution the property which he owns at the time of bankruptcy, a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.
Side 84 - State or political subdivision thereof, but has not paid over; but a discharge shall not be a bar to any remedies available under applicable law to the United States or to any State or any subdivision thereof...
Side 84 - 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...
Side 84 - State, county, district, or municipality; (2) are liabilities for obtaining money or property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Side 86 - ... founded upon provable debts reduced to judgments after the filing of the petition and before the consideration of the bankrupt's application for a discharge, less costs incurred and interest accrued after the filing of the petition and up to the time of the entry of such judgments.
Side 85 - 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...
Side 84 - ... taxes legally due and owing by the bankrupt to the United States or any State or any subdivision thereof...