CORRECTIONS OF ERRORS IN H. R. 12889 Page 2, line 6, "thereto" should be changed to "hereto". Page 13, line 3, "notive" should read "notice". Page 15, line 15, insert a comma after the word "person". Page 37, line 17, take out comma after the word "arrangement". Page 53, lines 9 and 10, semicolon should be changed to ".-"; and “A Plan of Reorganization under this subsection" should be shown as part of text and not as part of title. Page 80, line 12, "days" should read "days" ". Page 82, line 5, the word "reorganization" should be taken out and the words "arrangement, by" inserted in lieu thereof. Page 82 line 7, delete "reorganization". Page 82, line 12, "proceedings" at end of line should be changed to read "proceeding". Page 83, line 20, "subdivision (e)” should read "subdivision (c)”. Page 94, line 24, after the word "proceeding", insert ", or, upon the debtor's application, adjudge him a bankrupt:”. Page 98, line 5, the word "of" should read "or"; and the semicolon at the end of the line should be a comma. Page 98, line 21, after the word "Discharges" the semicolon should be changed to a comma. Page 118, line 9, the word "respectfully" should read "respectively". Page 120, line 5, after the word "arrangements", the word "and" should be changed to "or". Page 121, line 23, after the word "arrangements", the word "and” should be changed to "or". Page 137, line 19, after the word "charge", insert "respectively". Page 139, line 13, after "section 12" insert the word "and" and delete the "s" in "chapters" and "and IX". Page 141, line 10, insert a comma at the end of the line. VII Page 158, line 2, "declinees" should read “declines”. Page 158, line 8, insert a comma at the end of the line. Page 158, line 9, “acrued" should read “accrued”. Page 159, line 5, insert the word “and” before the word “Provided". Page 163, line 5, insert the word "and" before the word "Provided". Page 180, line 19, at the end of the line, the "(f)" should read “(g)”. comma. To amend an Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898, and Acts amendatory thereof and supplementary thereto; and to repeal section 76 thereof and all Acts and parts of Acts inconsistent therewith. 1 2 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 1 to 3 15, inclusive; 17 to 29, inclusive; 31; 32; 34; 35; 37 to 42, inclusive; 4 44 to 51, inclusive; 53; and 55 to 72, inclusive, of an Act entitled 5 "An Act to establish a uniform system of bankruptcy throughout 6 the United States", approved July 1, 1898, as amended, are hereby 7 amended; sections 74, 77A and 77B are hereby amended and incor8 porated as parts of section 12; said amended sections to read as 9 follows: 10 11 12 Chapter I Section 1. Meaning of Words and Phrases.--a. The words and 13 phrases used in this Act and in proceedings pursuant hereto shall 14 unless the same be inconsistent with the context, be construed as 15 follows: 16 17 18 (1) "A person against whom a petition has been filed" shall include a person who has filed a voluntary petition; (2) “Adjudication” shall mean the date of the entry of a decree 19 that the defendant in a bankruptcy proceeding a person is a bankrupt; 20 or if such decreo is appented from, then the date when such deeree in 21 finally confirmed; (American Bar Association.) 2 1 CHAPTER 1.-DEFINITIONS (NOTE. The present definition of "adjudication" is unsatisfactory. It defines not only the term "adjudication", but also indirectly the phrase "date of adjudication". But this is inapt, because an "adjudication" is not "date". It refers to a "defendant", and thus would seem to exclude voluntary bankruptcies. It also fails to provide for cases where appeals are dismissed. Therefore, this definition has been split in to its component parts, "adjudication" and "date of adjudication". In accordance with the intended alphabetical scheme of the section, the separate definition of "date of adjudication" becomes (12), infra.--Adair.) (3) "Appellate courts" shall include the circuit courts of appeals 2 of the United States, the supreme courts of the Territories, the Court 3 of Appeals of the District of Columbia, and the Supreme Court of the 4 United States; 5 (Weinstein Draft.) (NOTE. Since the adoption of the Bankruptcy Act in 1898, a number of changes have been made in the constitution of the Federal appellate courts and their jurisdiction; but not all of these changes, where relevant, have been incorporated in the Act, although the Act has since been amended on several occasions. When the Act was amended in 1926, reference to the newly created Court of Appeals for the District of Columbia was inserted in Section 24 (Jurisdiction of Appellate Courts) and in Section 25 (Appeals and Writs of Error), but, apparently through mere oversight, was not included in the above definition of "appellate courts". Likewise by that time direct "appellate and supervisory jurisdiction" had been conferred on the Circuit Court of Appeals for the First Circuit over the bankruptcy courts in the territory of Puerto Rico and on the Circuit Court of Appeals for the Ninth Circuit over the bankruptcy courts in the territories of Alaska and Hawaii (28 U. S. C. A., Sec. 223, as amended). Thus by the amendments of 1926, the original language of the Act which gave appellate jurisdiction to the Supreme Court of the United States from "courts of bankruptcy not within any organized circuit of the United States and from the Supreme Court of the District of Columbia" was properly deleted because unnecessary; every court of bankruptcy, except the bankruptcy court of the District of Columbia, was now located within an organized circuit, and the new Court of Appeals for the District of Columbia covered the bankruptcy court of that District. But the reference to the "Supreme Courts of the Territories" in the definition and in Sections 24 and 25 was not removed, although the appellate jurisdiction conferred on the Circuit Courts of Appeals of the First and Ninth As the language reads in Circuits rendered this provision clearly unnecessary. the present Act, appeals would lie from the bankruptcy courts of the territories to the respective supreme courts of the territories; and in addition, by virtue of Section 225 of 28 U. S. C. A., appeals would also lie to the circuit courts of appeals. This obviously was not intended; however, if intended, it would seem unwise. Therefore we are deleting at this time from the definition of appellate courts the language, "the Supreme Courts of the Territories", and are inserting "the We are also removing the Court of Appeals of the District of Columbia”. language, "the Supreme Courts of the Territories", from Sections 24 and 25.Weinstein.) (4) "Bankrupt" shall include a person against whom an 6 involuntary petition or an application to set a composition aside 7 an arrangement or wage earner plan or to revoke a discharge has 8 been filed, or who has filed a voluntary petition, or who has been 9 adjudged a bankrupt; 1 2 3 4 5 MEANING OF WORDS, ETC. (NOTE.-Section 12 has been enlarged to include both compositions and extensions, and the term "arrangement" is used to refer to both forms of settlement. It therefore becomes necessary to substitute this term for the word "composition" wherever it appears in the Act. The words "or wage carner plan" are included to cover wage amortizations.-Weinstein-King.) (5) "Bona fide purchaser" shall include a bona fide encumbrancer, or pledgee and the transferee, immediate or mediate, of any of them; (Weinstein.) (NOTE. The definition of "Bona fide purchaser" is new. The term is used in sections 21 f, 60 a, 60 b, 67 a (2), 67 d (5), 67 d (6), formerly 70 e (1) (First Committee Print 151:11-12) and, perhaps, elsewhere. The purpose of the definition is to avoid the necessity of repeated mention of encumbrancers and pledgees and their transferees.-Adair.) (5) (6) "Clork" shall mean the clerk of a court of bankruptcy; (22) (7) "Conceal" shall include secrete, falsify, and mutilate; (NOTE. This is number (22) in the present section. The change is one of order only to conform with the alphabetical arrangement.--Weinstein.) (6) (8) "Corporation" shall mean include all bodies having any 6 of the powers and privileges of private corporations not possessed by 7 individuals or partnerships, and shall include limited or other part8 nership associations organized under laws making the capital sub9 scribed alone responsible for the debts of the association, joint stock 10 companies, unincorporated companies and associations, and any 11 business conducted by a trustee or trustees wherein beneficial interest 12 or ownership is evidenced by certificate or other written instrument; (NOTE--The words "limited or other" are deleted, since Section 5 (Partnerships) has been expanded to include limited partnerships, and it therefore becomes necessary to remove the reference to Imited partnerships from the definition of "corporations".-Weinstein.) 13 ← (9) "Court" shall mean the judge or the referee of the court of 14 bankruptcy in which the proceedings are pending; and may include 15 the referee; 16 (NOTE--The proposed amendment is intended to make clear that generally and not merely in special instances the functions of the bankruptcy court may be exercised by the referee. It is proposed in section 22 to authorize references to referees before adjudication and in section 38 to enlarge the jurisdiction of referees.--Adair.) (8) (10) "Courts of bankruptcy" shall include the district courts of the United States and of the territories and possessions to which 18 this Act is or may hereafter be applicable, the Supreme Court of the 17 19 District of Columbia, and the United States Court of Alaska; |