A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress of 1898, and Annotated with References to Pertinent Decisions Under Former Statutes
West Publishing Company, 1898 - 326 sider
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A Handbook of Bankruptcy Law: Embodying the Full Text of the Act of Congress ...
Henry Campbell Black,United States
Ingen forhåndsvisning tilgjengelig - 2016
act of bankruptcy action adjudication alleged allowed amount appear application appointed assets assignee attorney authority bank bankrupt bankruptcy court bankruptcy law bankruptcy proceedings benefit Biss Blatchf bond cause charge claim composition constitute contract corporation court court of bankruptcy creditors debt debtor Dill discharge district dividends effect entitled execution exempt fact federal filed firm fraud fraudulent give given ground hands held hold insolvent intent interest issue judge judgment jurisdiction liability lien limited matter mean meeting mortgage necessary notice objection obtain paid parties partnership pass payment person petition preference present proceed proceedings proof provable prove question reasonable received recover referee respect rule ruptcy Sawy statute sufficient suit taken thereof tion transfer trustee in bankruptcy United unless valid voluntary
Side 2 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Side 235 - 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...
Side 16 - Transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors ; or (3) Suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference, vacated or discharged such preference...
Side 226 - ... the debts due to the United States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Side 7 - ... make such orders, issue such process, and enter such judgments in addition to those specifically provided for as may be necessary for the enforcement of the provisions of this act...
Side 173 - Debts owing to the United States, a State, a county, a district, or a municipality as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby, and such interest as may have accrued thereon according to law.
Side 2 - ... clerk" shall mean the clerk of a court of bankruptcy; (6) "corporations" shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships...
Side 187 - ... and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its property or its value from such person.
Side 206 - 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 bonafide holder for value prior to the date of the adjudication.