The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, 2. köide

Front Cover
M. Bender, incorporated, 1923 - 4119 pages

From inside the book

Contents

ACCOUNTS AND PAPERS OF TRUSTEES
1081
DUTIES OF CLERKS
1087
COMPENSATION OF CLERKS AND MARSHALS
1093
MEETINGS OF CREDITORS
1099
Continued PAGE
1104
PROOF AND ALLOWANCE OF CLAIMS
1117
PROOF OF CLAIMS GENERALLY
1125
Continued PAGE
1143
II Intent to prefer
1158
OBJECTIONS TO CLAIMS BEFORE ALLOWANCE
1167
Continued PAGE
1177
EFFECT OF PROOF AND ALLOWANCE
1186
Of meetings generally
1201
WHO MAY FILE VOLUNTARY PETITIONS
1209
Continued PAGE
1212
ship
1221
PRACTICE IF ANSWER AVERS MORE THAN TWELVE CREDITORS
1230
AMENDMENTS OF PETITIONS
1238
ELEMENTS OF A VOIDABLE PREFERENCE
1247
II Making transfer in accordance with prior
1253
II Effect of amendment of 1910
1259
obtained
1284
4 Actual knowledge not required
1299
SECTION 60 Continued PAGE
1304
RECOVERY OF PREFERENCE
1316
PREFERENCES TO BANKRUPTS ATTORNEY
1334
DEPOSITORIES FOR MONEY
1340
SECTION 62 Continued PAGE
1358
DEBTS WHICH MAY BE PROVED
1369
f Other debts falling within this paragraph
1401
II Gambling transactions
1413
TORT CLAIMS
1428
Continued PAGE
1446
COST OF ADMINISTRATION
1459
DEBTS ENTITLED TO PRIORITY UNDER UNITED STATES OR STATE LAWS
1472
PRACTICE
1484
Continued PAGE
1489
PREFERENCE TO RESIDENTS OF THE UNITED STATES
1495
LIENS IN GENERAL
1505
II Withholding from record to preserve mort
1517
Invalid for other reasons
1528
Continued PAGE b Is the trustee a judgment creditor?
1531
2 Rule under present act
1532
VALID LIENS
1533
Consideration
1534
Jurisdiction to determine validity of lien
1535
2 Attorneys lien
1536
4 Equitable liens
1537
5 Factors lien
1539
7 Lien for trust funds
1542
9 Mechanics liens
1543
10 Mortgages
1545
II To secure further advances
1546
IV Mortgagor in possession with power of sale
1547
11 Pledge
1550
12 Special statutory liens
1553
14 Vendors lien
1555
15 Wage liens
1556
f Effect of valid liens on distribution
1557
6 Judgment
1570
SETOFFS AND COUNTERCLAIMS
1601
g Setoff by bank
1612
SECTION 68 Continued PAGE
1617
TITLE TO PROPERTY
1626
4 Stock brokerage transactions
1629
resale 1766
1631
TRUSTEE VESTED WITH TITLE OF BANKRUPT
1634
TITLE TO SPECIFIC PROPERTY
1651
18 Property affected by fraudulent representations
1716
Continued PAGE
1719
II Recovery of unpaid stock subscriptions
1725
BURDENSOME PROPERTY
1738
SALES OF PROPERTY
1749
Sales of incumbered property
1758
e Transfer of trustees title to purchaser
1769
TITLE OF TRUSTEE WHERE COMPOSITION IS SET ASIDE OR DISCHARGE REVOKED
1770
b Voluntary transfers transfers to wife or children
1772
Bulk sales
1775
Suits to avoid fraudulent transfers
1776
2 Who may bring suit
1777
3 Jurisdiction
1779
4 Nature of action
1780
5 Pleading and practice
1781
6 Evidence and burden of proof
1783
e Bona fide holders
1784
EFFECT OF CONFIRMATION OF COMPOSITION
1785
INDEXES AND SEARCHES OF CLERKS
1787
LIMITATION ON FEES OF CERTAIN OFFICERS
1788
Additional compensation for conducting business
1789
Fees of special masters
1790
TIME OF TAKING EFFECT
1792
GENERAL ORDERS IN BANKRUPTCY
1795
PREAMBLE
1798
GEN ORDER I Docket
1799
Conduct of proceedings
1800
Frame of petitions
1801
Petitions in different districts
1802
Priority of petitions
1804
Proceedings in partnership cases
1805
Schedule in involuntary bankruptcy
1807
Indemnity for expenses
1808
Amendments
1809
Duties of referee
1810
Appointment and removal of trustees
1814
No official or general trustee
1818
GEN ORDER Continued PAGE
1819
Taking of testimony
1830
Redemption of property and compounding of claims
1838
Arbitration
1844
General provisions
1851
Practice
1856
Index of Volumes I and II
1861
WHEN NOT ALLOWED
1885
Official Forms in Bankruptcy Vol III
1887
Index to Canadian Act Vol IV
1927
General Index Vol IV
2007
Copyright

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Common terms and phrases

Popular passages

Page 1599 - In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid.
Page 1440 - ... 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.
Page 1498 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Page 1432 - ... 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.
Page 1240 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, 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 value from such person.
Page 1431 - 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...
Page 1240 - And, for the purpose of such recovery, any court of bankruptcy as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction.
Page 1119 - Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication; or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such time, then within sixty days after the rendition of such judgment: Provided, That the right of infants and insane persons without guardians, without notice of the proceedings, may continue six months longer. SEC. 58. NOTICES TO CREDITORS. — a Creditors shall...
Page 1081 - The accounts and papers of trustees shall be open to the inspection of officers and all parties in interest. SEC. 50. BONDS OF REFEREES AND TRUSTEES. — a Referees, before assuming the duties of their offices, and within such time as the district courts of the United States having jurisdiction shall prescribe, shall respectively qualify by entering into bond to the United States...
Page 1249 - ... creditors to obtain a greater percentage of his debt than other creditors of the same class.

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