A Treatise on the Law of Bankruptcy

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Little, Brown and Company, 1899 - 786 sider
 

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Innhold

PAGR
lxvii
Gardner 4 Ben 479 63 64
lxix
Hodgson Ex parte 1 GL J 12 292
lxxi
81
lxxii
Nixon L R 10 C P 645 249 251
lxxiii
Dupee Re 6 N B R 89 300
lxxv
Beauchamp Bros Re 1894 1 Q B 1 12
lxxviii
Blankenhagen Ex parte Cooke 7th ed 259 154
lxxix
Tweed 9 Wall 425
lxxxiii
Rardin 107 Mo 111
lxxxv
Smart 3 Wend 135 187
lxxxviii
nara TVI Cal 349
lxxxix
Rogers 6 Tex 91
xcii
Everitt Re 9 N B R 90
xciii
Richardson 147 U S 550 139
c
Louch Ex parte DeG 463 14
ciii
Durent Ex parte Buck 201 216
civ
Welch 139 Mass 33 228 510
cix
McIver 16 East 130 199
cx
Becket Re 2 Woods 173 08
cxii
Steward 25 N Y 239 273
cxv
Crawford 19 Ohio 126
cxviii
PART I
1
Coolidge 3 Allen 554 616
6
CHAPTER II
10
Durgy Cement Co v OBrien 123 Mass
12
ASSIGNEES
13
Corporations
17
Jurisdiction of Debtor who has removed from the United States 28 Traders
18
Retired Trader
19
CHAPTER III
20
Departing the State
21
Remaining absent
22
Concealment
23
General Assignments
24
Procuring Judgment
26
Acts connected with Insolvency or proving it
27
Suspension of Commercial Paper
28
Partners
29
CHAPTER IV
31
A Sole Creditor may petition
32
Continuing Acts
33
Joinder and Withdrawal of Petitioners
34
Petitioning Creditor 51 What Creditors estopped to petition
35
Preferred Creditors
36
Petitioning Creditor cannot receive Payment
37
Costs
38
Malicious Prosecution of Bankruptcy
40
Helliwell 1 N B N
41
Law of Preference in the United States and England
43
Worseley v De Mattos Aldergon 1 Temple 65 The English Doctrine
46
Statutory Definitions
47
No Particular Mode of Transfer necessary
48
Being Insolvent 69 Contemplation of Bankruptcy or Insolvency
49
Payment Gift etc Conveyance of all
50
Intent to prefer Pressure
52
Later Cases in England
53
Intent to prefer continued 74 Intent continued Usual Course of Business
56
Injury to General Creditors Exempted Property Liens
58
Transfer for Value
59
No Defence that Creditor had Security of a Third Person 78 Not a Preference to complete a Transaction
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 101 Fox v Gardner
80
Sale by Assignees with or without giving Right to Set aside Preference 103 Preference to Petitioning Creditor 104 Province of the Jury
81
Preference to promote Discharge or Composition
82
Preference in Compositions
83
Creditors may prove if the Composition is set aside 108 Rights of Debtor under a Void Composition 109 Voluntary Payments after Lapse of Time
84
Composition failing the Original Debt may be recovered
85
Secured Creditors 112 Sureties and Guarantors
86
Understatement by a Creditor of his Debt
87
Sureties and Creditors assuming a Greater Burden than others 115 No Agreement for Equality
88
Secrecy essential 117 Composition void though no injury to Creditors 118 Note given to promote a Void Composition
89
CHAPTER VI
90
What is Property of the Firm
92
Joint Creditor taking Separate Promise 123 Election
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 127 Bankruptcy of One Partner
96
Bankruptcy of One Partner continued
98
Death of Partner
99
Partners in a Single Adventure 131 Dormant Partners 132 Executor of Deceased Partner
100
Solvent Partner paying Joint Debts may prove 134 Proof by Partners
101
Surplus
102
Same Persons Partners in Different Places 137 Conversion of Joint into Separate Property and Vice Versa Ex parte Ruffin
103
Ex parte Ruffin continued
104
American Rule
105
Firm taking in New Partners 141 Assignment for Creditors
106
EXAMINATION OF THE BANKRUPT AND OTHERS IN RESPECT TO THE AFFAIRS OF THE BANKRUPT PAGB
108
Whether Debtor can be examined before Adjudication
109
Examination of Bankrupt
110
Bankrupt in Prison or out of Jurisdiction
111
Who may examine
112
Whether the Bankrupt can examine his Assignees
113
Order for Examination and Service thereof
114
Dicken Ex parte Buck
115
Production of Books and Papers
116
Deponent may have Counsel
117
Examination as Evidence
118
Upon what Subjects
119
Constitutional Protection in the United States
120
Exarnination of Attorney 161 Examination how used in Evidence
121
Examination as Evidence
122
CHAPTER VIII
124
100
125
Moore 15 N B R 26 25
126
Bankrupt Drawer or Indorser 169 Future Rent
127
If Contingency happens before Close of Bankruptcy the Debt may be proved 128 171 Contingent Liability what Liabilities can be valued
128
Alimony
131
Proof by Copromisors and Cosureties
134
Subrogation wben 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 139 181 Equitable Debt from Husband to Wife
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 145 189 Charges and Expenses
145
Torts Fines and Penalties 191 Voluntary Bonds Notes etc
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 152 199 Proof for less than Actual Debt
152
Creditor may hold his full Security
153
Proof against both Joint and Separate Estates
154
Double Proof Breach of Trust
155
Limitations
157
Laches in proving as affecting the Right to a Declared Dividend 158 207 Time of Proof First Meeting
158
Suspending Proof
159
Objections to Proof Equitable Defences
160
Debt barred by Timne before the Bankruptcy not provable
161
Statute of Limitations not affected by Bankruptcy
162
When Quasi Partner etc may be stopped to prove 214 Debt made or increased in contemplation of Bankruptcy
163
Judgment to ascertain Amount
173
PRIORITY OF PAYMENT OF DEBTS DUE THE UNITED STATES
174
Privity
175
Assignment
176
Attachments
177
United States not bound by Rules of Distribution
179
Executor of Assignee etc 100
180
CHAPTER X
182
In America New Promise valid if unequivocal
183
Conditional or Special Promises
184
101
185
New Promise must be after Proceedings are begun i
186
Whether New Promise enures to Benefit of Indorsee etc
187
Equitable Practice
188
Boutelle 13 Met 159
189
102
190
Kitsell 20 Abb N C 293
198
Grant Ex parte 13 Ch D 667 56
201
Cook County Bank v United States 107 U S 445 177
203
Holt Ex parte 1 Dea 248 305
204
Cass 1 B Ad 343
207
Forsyth and Murtha Re 7 N B R 174
212
Assignees or Trustees
214
Confirmation Qualifications
215
Removal of Assignee
216
Assignment cannot be Collaterally Impeached 295 The Assignees as Officers of the Court
217
Assignees represent the Creditors and the Debtor
218
Time of vesting Relation
219
Relation continued
220
205
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 309 Unrecorded Deeds
226
Property held by Bankrupt in Trust
227
Property held by Bankrupt in Secret Trust
228
Secret Liens
229
Assignees may avoid any Deed which Creditors could avoid
230
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 325 Personal Actions
237
Judgments in Personal Actions 327 Possibilities
238
Only existing Rights pass
239
Powers of Appointment 240 331 Notes sent to a Bank for Collection
240
Attachments 333 Statutory Right of Action 334 Attachment on Mesne Process
242
Attachment of Firm Property 244 336 Levy on Execution
244
Dissolution of Attachment Creditors Rights
245
Bond to Dissolve Attachment 246 340 Attachment Receiptor
246
Attachment of Exempted Property 342 Attachments before Statute
247
Distress for Rent 345 Creditors bound by Assignees Neglect
248
Assignees succeed to the Titie which is displaced 347 Assignees may condone a Fraud
250
Creditors bound by Assignees Estoppel
251
Assignees may prosecute pending Suits 352 Fraudulent Sale
252
Stoppage in Transitu
253
Assignees taking possession after Goods are stopped
254
Insolvent Buyer may refuse the Goods 360 Buyer cannot return after Transit is ended
255
226
256
Title Incomplete
257
237
258
After acquired Property
259
Advice of Creditors
260
Bankrupt as Agent or Trustee
261
Suits by Bankrupt as Trustee
262
What Property is Onerous 372 Leaseholds Copeland v Stephens
263
Acceptance of Onerous Property by Assignees 374 Rejected Property
264
Accepted Property
265
Rejected Lease
266
Mackay Ex parte L R 8 Ch 643
273
Blumer Re 12 Fed Rep 489
275
CHAPTER XIII
277
Bolland Ex parte 9 Ch D 312
282
255
286
Bolton Ex parte 2 Rose 389
288
VUUTUCU Vorp ne u
291
CHAPTER XIV
298
Puller 1 B P 539
304
238
305
Bradley 89 Cal 557
306
Re 3 N B R 304 116
316
Book Re 3 McLean 317 136
317
Woodson 4 Ga 175
321
Bank of Comm 140 Mo 225
323
Corporations
324
All Rights against Sureties and other Persons liable for Bankrupts Debts are Preserved
325
Consent of Creditors
326
Who may Oppose
327
THE BANKRUPTCY ACT OF 1898
329
CHAPTER II
335
285
338
CHAPTER III
343
Who may become Bankrupts
354
Partners
357
Exeinptions of Bankrupts
364
Death or Insanity of Bankrupts
370
Protection and Detention of Bankrupts
371
Whitlock 7 Paige
373
Extradition of Bankrupts 314
374
Suits by and against Bankrupts
375
u Ball 11 M W 531 230
377
Compositions when Confirmed
384
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
Cuyler 10 Cush 476 155
408
Jurisdiction of Appellate Courts
412
Hooker r Olmstead 6 Pick 481 167 169 296
414
Faurot 162 U S 435
415
Bellingham Bay Co v New Whatcom 172 U S 314
418
Appeals and Writs of Error
420
Arbitration of Controversies
424
Compromises
425
256
428
Offences
429
Rules Forms and Orders
430
CHAPTER V
432
Oaths of Office of Referees
433
Jurisdiction of Referees
434
Compensation of Referees
439
Contempts before Referees
440
Records of Referees 506 Referees Absence or Disability
442
Qualifications of Trustees
443
Death or Removal of Trustees
444
Duties of Clerks
453
257
454
CHAPTER VII
483
BANKRUPTCY ACTS
517
Acts in amendment thereof 540
540
Repealing Act
552
Ames 9 Met 585
585
Acts in amendment thereof 588 589 590
590
Further amending Acts 604
604
3
625
GENERAL INDEX
703
Belton Ex parte 1 Atk 251 125
705
200
709
263
743
Greaner r Mullen 15 Penn St 200
750
106
751
271
763
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Side 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...
Side 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.
Side 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...
Side 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.
Side 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.
Side 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.
Side 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...
Side 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...
Side 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...
Side 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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