American Bankruptcy Reports: Reporting the Decisions and Opinions in the United States, of the Federal Courts, State Courts, and Referees in Bankruptcy, Том 7M. Bender, 1926 |
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Страница 9
... present the question of jurisdiction directly by appropriate motion . And a determina- tion that he was a member of the copartnership is essential to give him standing from which to urge that his interests will be damaged . The report ...
... present the question of jurisdiction directly by appropriate motion . And a determina- tion that he was a member of the copartnership is essential to give him standing from which to urge that his interests will be damaged . The report ...
Страница 13
... present purposes assumed to be true . It is to jurisdiction that the sections pertain , in that section 70e confers upon courts of bankruptcy power to hear and determine actions brought to avoid transfers by a bankrupt , and to recover ...
... present purposes assumed to be true . It is to jurisdiction that the sections pertain , in that section 70e confers upon courts of bankruptcy power to hear and determine actions brought to avoid transfers by a bankrupt , and to recover ...
Страница 14
... present complaint : It is true the trustee seeks a money judgment , but he also asks that certain transfers made by the bankrupt in carrying out a conspiracy to defraud creditors may be set aside , and for an ac- counting with respect ...
... present complaint : It is true the trustee seeks a money judgment , but he also asks that certain transfers made by the bankrupt in carrying out a conspiracy to defraud creditors may be set aside , and for an ac- counting with respect ...
Страница 45
... present statute and were used in the act of 1867 and as there seems to have been no direct and positive construction of the act of 1910 it is necessary to examine the decisions construing the act of 1867 in order to determine the ...
... present statute and were used in the act of 1867 and as there seems to have been no direct and positive construction of the act of 1910 it is necessary to examine the decisions construing the act of 1867 in order to determine the ...
Страница 65
... present with his counsel , at the time this testimony was given by the trustee . He did not testify as a wit- ness , nor produce any witnesses on his behalf . There was therefore no testimony produced by him that he had not signed nor ...
... present with his counsel , at the time this testimony was given by the trustee . He did not testify as a wit- ness , nor produce any witnesses on his behalf . There was therefore no testimony produced by him that he had not signed nor ...
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Чести термини и фразе
13th Ed action adjudication affirmed agreement alleged allowed amount appeal apply appointed assets assignment attorney authority B. R. Digest bank bankrupt Bankruptcy Act cause charge Circuit claim Collier Company concealed consent consideration contract conveyance corporation Court of Appeals creditors debt decision deed defendant denied deposit determined discharge District Court effect entered entitled evidence execution fact filed findings follows funds further given held hold homestead insolvent intent interest January Judge judgment jurisdiction land lease lien matter months mortgage notes notice objection obtained opinion paid parties partnership payment person petition petitioner plaintiff possession preference present prior proceedings proceeds purchase question reason receiver record referee rent rule secured specifications statement statute subsequent sufficient suit testimony tion transfer trustee in bankruptcy United wife York
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Страница 404 - The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors, and upon filing the receipts of the proper public officers for such payment he shall be credited with the amount thereof, and in case any question arises as to the amount or legality of any such tax the same shall be heard and determined by the court.
Страница 516 - 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...
Страница 901 - ... the person receiving it or to be benefited thereby, or his agent acting therein shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person.
Страница 83 - Liens given or accepted in good faith and not in contemplation of or in fraud upon this Act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall, to the extent of such present consideration only, not be affected by this Act.
Страница 245 - ... and such trustees, as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon; and also, as to all property not in the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a judgment creditor holding an execution duly returned unsatisfied...
Страница 187 - That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this Act subsequent to the passage of this Act and within four months prior to the filing of the petition, with the intent and purpose on his part to hinder, delay, or defraud his creditors...
Страница 436 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.
Страница 646 - ... secured creditor" shall include a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under this act, or who owns such a debt for which some indorser, surety, or other persons secondarily liable for the bankrupt has such security upon the bankrupt's assets...
Страница 352 - A person shall be deemed to have given a preference, if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, procured or suffered a judgment to be entered against himself in favor of any person, 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...
Страница 853 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...