The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: With Citations to the Decisions to DateM. Bender, 1900 - 866 страница |
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Страница 22
... preference through legal proceedings , and not having at least five days be- fore a sale or final disposition of any property affected by such preference vacated or discharged such preference ; or ( 4 ) made a general assignment for the ...
... preference through legal proceedings , and not having at least five days be- fore a sale or final disposition of any property affected by such preference vacated or discharged such preference ; or ( 4 ) made a general assignment for the ...
Страница 25
... preferences to credit- ors over other creditors and the suffering or permitting a credit- or to obtain a preference by legal proceedings . But by para- graph ( c ) it is provided that solvency at the date of the filing of the petition ...
... preferences to credit- ors over other creditors and the suffering or permitting a credit- or to obtain a preference by legal proceedings . But by para- graph ( c ) it is provided that solvency at the date of the filing of the petition ...
Страница 29
... preference . " Section 60 declares what is a preference and under what cir- cumstances it can be invalidated , but it is to be noted that al- though it may not be voidable , a preference may yet be an act of bankruptcy . To make it such ...
... preference . " Section 60 declares what is a preference and under what cir- cumstances it can be invalidated , but it is to be noted that al- though it may not be voidable , a preference may yet be an act of bankruptcy . To make it such ...
Страница 31
... preference to him and must be taken as conclusive evidence that a preference was intended , unless the debtor can show that he was at the time ignorant of his insolvency , and that his affairs were such that he could reasonably expect ...
... preference to him and must be taken as conclusive evidence that a preference was intended , unless the debtor can show that he was at the time ignorant of his insolvency , and that his affairs were such that he could reasonably expect ...
Страница 32
... preference is a natural result of such a transfer and one must be presumed to intend the natural result of his own . acts . ( Johnson v . Wald , et al . U. S. C. C. A. 5th Circuit [ 1899 ] 2 Am . B. R. 84 ; 35 C. C. A. 522 ; 93 Fed ...
... preference is a natural result of such a transfer and one must be presumed to intend the natural result of his own . acts . ( Johnson v . Wald , et al . U. S. C. C. A. 5th Circuit [ 1899 ] 2 Am . B. R. 84 ; 35 C. C. A. 522 ; 93 Fed ...
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Чести термини и фразе
act of bankruptcy action adjudged a bankrupt adjudication alleged allowed Analogous Provisions application appointment assets assignment attorney authority Bank Bankruptcy Act bankruptcy court bankruptcy proceedings Biss bond Circuit Court cited claim clerk compare section composition court of equity courts of bankruptcy creditors debtor decision discharge District Court dividend duty entitled equity examination fact filed firm Former Acts four months fraud fraudulent held individual insolvent intent interest involuntary judge judgment jurisdiction liability lien marshal mortgage notice oath parties partner partnership payment person petitioners preference Preferential Creditors preferred creditor present act principle proceedings in bankruptcy proof prove Provisions of Former question R. S. section reasonable cause referee rule rupt ruptcy schedules section 28 secured creditor set-off solvent statute subdivision subrogated suit supra Supreme Court surety thereof tion transfer trustee trustee in bankruptcy United unless voidable voluntary petition
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Страница 242 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Страница 637 - ... or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such, creditors of the same class.
Страница 414 - ... wages due to workmen, clerks, traveling or city salesmen, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant; and (5) debts owing to any person who by the laws of the States or the United States is entitled to priority.
Страница 753 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law...
Страница 556 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Страница 454 - That when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under the bankruptcy...
Страница 611 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors; or (2) 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...
Страница 610 - ... appoint receivers or the marshals, upon application of parties in interest, in case the courts shall nnd it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified...
Страница 409 - States shall be first satisfied ; and the priority 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...
Страница 234 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.