A Treatise on the Law and Practice of Bankruptcy: Under the Act of Congress of 1898 and Its Amendments

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The Lawbook Exchange, Ltd., Oct 1, 2005 - Law - 1840 pages
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Reprint of the third edition. More convenient than the extensive contemporary works of Collier or Remington, Black's handy treatise, which uses the format of a West Hornbook, offers a summary of the law as it stood in the early 1920s. Though its size led some to suspect it was superficial, it was generally well-received and did much to popularize the field. As one reviewer wrote, "[i]t is to be hoped [this book] marks the beginning of a new period in bankruptcy law that will witness its welcoming into the repertoire of the lawyer as one of the regular devices for regulating business relations.": Nathan Isaacs, University of Pennsylvania Law Review 73 (1924-1925) 120.
 

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Contents

THE NATIONAL BANKRUPTCY ACT AND ITS EFFECT ON STATE LAWS Sec 1 Constitutional and Statutory Provisions
1
Constitutionality of National Bankruptcy
3
Policy and Purpose of
7
Interpretation and Construction of Bankruptcy
9
Time of Taking Effect
12
Validity of State Insolvency Laws
14
State Insolvency Laws Suspended by National Bankruptcy
15
Same What State Laws Affected
17
Subrogation of Trustee to Rights of Lienholders
843
Rights and Remedies of Creditor on Dissolution of Lien
846
Costs and Fees Incurred Under Dissolved Lien
847
Proceedings to Establish or Enforce Liens
848
Same Proceedings in State Courts
850
Same Restraining Proceedings in State Courts
853
Same Foreclosure of Mortgages
855
Same Proceedings Out of Court
858

Same Cases Not Covered by Bankruptcy
21
Same Laws Regulating Assignments for Creditors
24
Practical Effect of Suspension of State Insolvency Laws
27
Pending Proceedings Under State Laws
30
Nature and Effect of Proceedings in Bankruptcy
31
Foreign Bankruptcy
33
COURTS OF BANKRUPTCY THEIR JURISDICTION AND POWERS 15 Courts of Bankruptcy 16 General Jurisdiction of Courts of Bankruptcy 17 ...
36
Territorial Limits of Jurisdiction
42
Jurisdiction as Dependent on Residence or Domicile
43
Jurisdiction Dependent on Amount of Debts
49
Jurisdiction of Bankrupts Person
51
Summary Jurisdiction
52
Equitable Powers and Jurisdiction
55
Ancillary Jurisdiction
57
Jurisdiction to Reverse or Set Aside Former Proceedings
58
Conflicts of Jurisdiction With State Courts
59
Same Effect of Appointment of Receiver by State Court
64
Same Property in Possession of Sheriff
73
Power to Enjoin Proceedings in State Courts
75
Rules of Practice
79
Practice in Bankruptcy
80
Powers and Authority of Judge
81
Priority of Petitions and Transfer of Causes
82
CHAPTER III
87
Same Certiorari
93
Same Writ of Error to Supreme Court of State
94
Rules Governing Appeal to Supreme Court
95
Jurisdiction of Circuit Court of Appeals on Writ of Error
96
Appellate Jurisdiction of Circuit Court of Appeals
98
Same Adjudication of Bankruptcy
101
Same Decision on Discharge or Composition
102
Same Allowance or Rejection of Claim
104
Revisory Jurisdiction of Circuit Court of Appeals
108
Appellate and Revisory Jurisdiction Contrasted Choice of Remedies
111
Controversies and Proceedings in Bankruptcy Distinguished 48 Reviewing Discretionary Action of District Court
119
Time of Taking Appeal or Petition for Review
122
Parties to Appeal or Review
127
Practice on Appeal
130
Practice on Petition for Revision
132
Assignment of Errors
134
Record on Appeal
135
Scope of Review Law and Pacts
137
Same Questions Not Raised Below
139
Review of Evidence and Findings
141
Determination on Appeal or Review and Effect Thereof
144
Jurisdiction of Territorial Supreme Courts
147
CHAPTER IV
149
Qualifications Oath and Bond
150
Disqualification by Interest
152
Removal of Referees
153
CHAPTER V
155
Specific Powers and Authorities of Referees
159
Same Surrender or Reclamation of Property
163
Same Grant of Injunction
166
Same Appointment of Receiver 70 Duties of Referees
167
Proceedings Before Referees
169
Same Taking and Preservation of Evidence
170
Same Review and Reopening of Case
172
Review of Proceedings by Judge
178
Same Effect of Referees Findings of Fact
180
Records and Accounts of Referees
182
Contempts Before Referees
184
CHAPTER VI
188
Nature and Effect of an Act of Bankruptcy
189
Insolvency as an Element in Acts of Bankruptcy
190
Fraudulent Conveyances
192
Concealment or Removal of Property
197
Giving a Preference
201
Same Intention of Debtor Presumed
203
Suffering Preference Through Legal Proceedings
205
Same Attachment
207
Same Failure to Vacate or Discharge
209
Same Meaning of Suffer or Permit
210
Warrant of Attorney Confession of Judgment
215
Assignment for Creditors
217
Same What Constitutes General Assignment
218
Same Invalid Assignment
219
Same Solvency No Defense
220
Appointment of Receiver or Trustee
221
Confession of Insolvency
225
CHAPTER VII
227
Voluntary Bankruptcy
228
Involuntary Bankruptcy General Considerations
230
Aliens
231
Married Women
232
Insane Persons
233
Infants
235
Decedents Estates 104 Executors and Other Trustees
237
WageEarners
239
Farmers
243
Second Bankruptcy
246
CHAPTER VIII
248
Proceedings in Partnership Cases
252
What Constitutes Partnership
254
Secret and Presumptive Partners
256
Same Insolvency of Firm and of Partners
260
Involuntary Proceedings Against Firm
261
Effect of Dissolution of Firm
262
Dissolution of Firm by Death of Partner
263
Bankruptcy of Firm Without Adjudication of Any Partner
264
Voluntary Petition by One or More Partners
266
Individual Bankruptcy of One or More Partners
269
Effect of Adjudication of One or More Partners
271
Continuing or Liquidating Partner
275
Distribution of Estate
277
Marshalling Assets 125 Partnership Assets
282
Individual Assets
283
Partnership Debts and Claims
284
Separate Debts of Partners
286
Joint and Several Liability Double Proof
288
Claims of Partners Inter Sese and Against the Firm
290
Discharge of Partners
293
CHAPTER IX
295
Corporations Amenable to Bankruptcy
301
Trading and Mercantile Corporations
303
Manufacturing Corporations
307
Banks and Bankers
311
Railroad and Insurance Companies
312
Mining and Quarrying Companies
314
PublicService Corporations
315
Amendment of 1910 Business and Commercial Companies
317
Religious Charitable Educational and Other Corporations Not for Profit
320
Unincorporated anfl Joint Stock Companies 144 Acts of Bankruptcy by Corporations 145 Same Admission of Insolvency and Willingness to be Adju...
324
Effect of Adjudication on Status of Corporation
330
Franchises as Assets
332
Assessment on Unpaid Stock
333
Statutory Liability of Stockholders and Directors
337
Discharge of Corporations
339
CHAPTER X
340
Involuntary Bankruptcy Creditors Entitled to File Petition
343
SECURED CREDITORS
346
Same Preferred Creditors
348
Same Creditors Estopped to Petition
350
Same Solicitation Procurement or Purchase of Claims
358
Same Withdrawal of Petitioners
359
Petition in Bankruptcy Formal Requisites
361
Same Allegations
363
Same Multifarious and Misjoined Matter 162 Signature and Verification of Petition
370
Amendment of Petition
374
Limitation of Time for Filing Petition
379
Filing and Presenting Petition
381
Service of Process
385
Notice to Creditors
387
Parties 169 Same Intervention and Substitution of Parties
388
Same Persons Entitled to Oppose Adjudication
391
Answer and Other Pleadings
393
Defenses and Grounds of Opposition
396
Issue of Insolvency
399
Proof of Solvency or Insolvency
403
Examination of Debtor as to Solvency
405
Burden of Proof and Evidence
407
Discontinuance and Dismissal of Proceedings
410
Death or Insanity of Bankrupt Before Adjudication
414
Trial by Jury
416
Trial or Hearing Conduct of Proceedings
418
Adjudication
420
Conclusiveness and Effect of Adjudication
421
Same Effect of Reopening Estate
422
Parties
423
Vacating and Setting Aside Adjudication
427
Clerks Docket
430
CHAPTER XI
431
Stay by Injunction or Order from Federal Court
436
Leave to Continue Suit in State Court
440
What Actions May be Stayed
442
Foreclosure of Mortgages and Other Liens 191 Proceedings Subsequent to Judgment
447
Proceedings Supplementary to Execution
450
Proceedings on Appeal
451
Contempt Proceedings 195 Effect of the Stay
452
Effect of Grant or Denial of Discharge
453
Pending Actions by Bankrupt as Plaintiff
454
Intervention of Trustee in Pending Suits
457
Suits Begun After Adjudication
461
Warrant and Seizure Before Adjudication
465
Seizure of Property in Hands of Third Person
470
Remedies Against Marshal Seizing Property of Stranger
473
Restraining Waste or Disposition of Property by Bankrupt
474
Restraining Interference with Property by Third Persons
475
Enjoining Levy Judicial Sale or Replevin
478
Restraining Proceedings in State Courts
479
Indemnity Bond by Petitioning Creditors
481
Forthcoming Bond by Bankrupt
482
Appointment of Receiver 211 Powers and Duties of Receiver
486
Continuing Bankrupts Business
489
Claims of Third Persons Against Receiver or Estate
491
Actions By and Against Receiver
493
Ancillary Receiverships
495
Accounts and Compensation of Receiver
496
Sale of Property Pending Proceedings
498
CHAPTER XIII
500
Schedule of Assets Preparation and Filing
504
Form and Contents of Schedule
505
Preparation of Schedule on Bankrupts Default
508
Mistakes and Omissions in Schedule
509
List of Creditors
511
Amendment of Schedule and List
512
Surrender of Money or Assets to Trustees Jurisdiction and Power to Order
515
Same Petition Order and Proceedings Thereon
517
Same Evidence to Sustain Order
519
Same Excuses Defenses and Allowances
523
Same Commitment for Contempt
524
Detention and Extradition oi Bankrupts 233 Privilege from Arrest on Civil Process 234 Release from Imprisonment
534
Arrest Prior to Bankruptcy Proceedings
537
AfterAcquired Property
539
Right to Surplus of Estate
541
Pension Money 240 Exemption Under State Laws
545
Same Exemption by Value
550
Same Exemption of Specific Property
551
Policies of Life Insurance
554
Homestead Exemption
558
Title to Exempt Property 246 Forfeiture of Exemptions
562
Abandonment and Waiver of Exemptions
566
Same Rights and Remedies of Creditors Holding Waivers
568
Liens on and Claims Against Exempt Property
571
Same Claims for Unpaid Purchase Money
575
Jurisdiction of Bankruptcy Court
576
Claim of Exemptions
578
Setting Apart Exempt Property
581
Sale of Property and Allowance of Exemptions Out of Proceeds 255 Exemptions in Partnership Cases
588
Dower and Allowances to Bankrupts Widow
591
CHAPTER XV
593
Application and Order for Examination and Notice
595
Process to Secure Attendance of Witness
597
Examination of NonResident Witnesses
598
Who Subject to Examination The Bankrupt
600
Same The Bankrupts Wife
601
Same Other Witnesses
602
Second Examination of Bankrupt
604
Conduct of the Examination
605
Same Right to Counsel
607
Objections to Questions and Rulings Thereon
608
Scope of the Inquiry
609
Privileged Communications
613
Privilege Against SelfCriminating Testimony
614
Use and Effect of Evidence
618
Witness Fees and Costs of Examination
619
Contempts by Witnesses
621
CHAPTER XVI
625
Designation of Newspapers
627
Meetings of Creditors
628
Same Special and Final Meetings
631
Representation by Attorney or Proxy
632
Assignment of Claims
633
Advising Trustee
635
Furnishing Indemnity for Expenses
637
Right to Information as to Estate
638
CHAPTER XVII
639
Same Cases Where NoTrustee Appointed
645
Same Rights of Creditors as Voters
646
Same Representation by Agent or Attorney
651
Same Corrupt Practices and Improper Influences in Election
653
Confirmation or Disapproval by the Court
655
Appointment of Trustee by Court
657
Acceptance and Resignation of Trustee
660
Bonds of Trustees
661
Death of Trustee
663
Removal of Trustee
664
CHAPTER XVIII
667
Trustee as Representative of Creditors
668
Instructions of Court or Referee
670
Inventory and Appraisal of Property
671
Custody and Care of Property
672
Carrying On Bankrupts Business
674
Collection of Assets
675
Arbitration and Compromise
678
Redemption of Property
680
Performance of Bankrupts Contracts and Obligations
681
Leased Property and Leasehold Interests of Bankrupt
683
Expenditures
685
Employment and Compensation of Attorney for Trustee
687
Deposit and Disbursement of Funds
691
693 Same Allegations of Knowledge Falsity and Fraudulent Intent
693
Responsibility for Negligence or Misconduct
694
Joint Trustees 313 Accounts and Reports of Trustee
696
Discharge of Trustee 315 Closing and Reopening Estate
699
CHAPTER XIX
703
Date of Accrual of Trustees Title
709
Assets in Bankruptcy in General
713
Situation of Property
717
Burdensome Interests
718
Property in Bankrupts Possession
721
Property in Custody of the
722
Interests in Keal Estate 325 Same Equity of Redemption
724
Same Leased Property
725
Same Remainders and Expectant Estates
726
Same Estates by Curtesy and Community Property 329 Same Estates of Vendor and Vendee Under Executory Contract
728
Same Settlers Rights and Improvements on Public Lands
729
Same Resulting Trusts 332 Same Powers
730
Growing Crops 334 Patents and Copyrights
731
Trade Marks and Trade Names 336 Franchises and Licenses
733
Membership in Stock Exchange
734
Executory Contracts
736
GoodWill of a Business
737
Debts Due to Bankrupt
739
Same Claims Against Government
741
Rights of Action
742
Same For Personal Injuries and Other Torts
744
Same For Usury 345 Legacies and Inheritances
746
Property Held in Trust for Bankrupt
747
Same Testamentary Trusts and Annuities
748
Policies of Life Insurance
750
Wifes Personalty and Choses in Action
757
Acquisitions of Minor Children 35L Dower Rights
759
Property of Third Persons in Bankrupts Possession
760
Same Remedies of Owner
762
Property Held by Bankrupt as Trustee
763
Same Deposits in Bank
767
Property Held by Bankrupt as Agent or Bailee
768
Money or Collateral in Hands of Bankrupt as StockBroker
772
Property Held Under Contract of Conditional Sale
776
Property Held Under Executory and Option Contracts of Sale
781
Property Procured by Bankrupt by Fraud
784
Property Sold or Pledged by Bankrupt
787
Equitable Rights of Third Persons
790
CHAPTER XX
793
Validity of Liens as Against Trustee
796
Liens Invalid as Against Creditors
800
Mortgages of Real Property
802
Chattel Mortgages
805
Pledges and Assignments of Collateral
811
Maritime Liens
813
Attorneys Liens for Services 371 Vendors Liens
814
Landlords Lien for Rent
817
Liens of Mechanics and Materialmen
819
Liens Acquired by Legal Proceedings Before Bankruptcy
822
Same Attachment or Garnishment
824
Same Judgment or Execution
827
Dissolution of Liens by Adjudication
830
Insolvency of Debtor
832
Date of Attaching of Lien as Affecting Dissolution
835
Eights of Bona Fide Purchasers 382 Rights of Trustee as to Property Affected by Liens
840
Conveyance or Surrender of Property Under Order of Court
842
CHAPTER XXI
860
Trustees Right of Action Exclusive
865
Leave or Direction to
867
Suit by Foreign Assignee In Bankruptcy 396 Suits Against Trustee
868
Same Leave of Court
871
Enjoining Proceedings Against Trustee
872
Garnishment of Trustee 400 Nature and Form of Remedy
873
Suits in Equity by Trustee
875
Summary Proceedings in Court of Bankruptcy
877
Same Against Adverse Claimants
880
Same Determination of Character of Claim
883
Joinder of Causes of Action 406 Jurisdiction Statutory Provisions
885
Same Jurisdiction of Court of Bankruptcy 408 Same Claims on Property in Possession of Trustee or Custody of Court
888
Same Independent Suits Against Third Persons
892
Same Preferences and Fraudulent Conveyances
894
Same Suits Which Bankrupt Could Not Have Maintained
896
Same Consent or Waiver of Objections
897
Same Federal Courts in Other Districts
899
Same Jurisdiction of State Courts
901
Same Conflicting Jurisdiction
906
Limitation of Actions
907
Same What Suits and Proceedings Barred
908
Same Ignorance of Cause of Action and Concealed Frauds
909
Same Parties Affected by Statute
910
Same Pleading the Statute
911
Same Joinder of Bankrupt
915
Representation of Trustee by Counsel for Bankrupt 426 Injunction and Receivership
916
Pleading Allegations of Trustees Bill or Complaint
918
Pleading Defenses to Trustees Bill or Complaint
920
Pleadings in Suits Against Trustees
921
Burden of Proof and Evidence in Trustees Suit
922
Evidence in Actions Against Trustee 432 Liability of Trustee for Costs
924
CHAPTER XXII
926
Assignment More Than Four Months Before Bankruptcy
929
Enjoining Action by Assignee
930
Trustees Proceedings to Avoid or Set Aside Assignment
931
Recovery of Assets by Trustee
932
Same Summary Proceedings and Attachment for Contempt
933
Nature of Trustees Title to Property Assigned
934
Estate Partly Settled by Assignee
935
Rights of Purchasers from Assignee and Paid Creditors 443 Appointment of Assignee as Trustee
936
Credits and Allowances to Assignee
937
CHAPTER XXIII
941
Election by Trustee 448 Trustees Right of Action Exclusive
946
Conditions Precedent to Trustees Action
947
Same Proof of Debts and Insufficiency of Assets
948
Nature and Form of Transaction
949
Sales of Merchandise in Bulk
954
Preference and Fraudulent Transfer Distinguished
955
Transfers Void Under State Laws
958
Transfers Fraudulent as to Partnership or Individual Creditors 456 Property or Rights Transferred
965
Time of Conveyance or Transfer
966
Insolvency of Debtor
968
Intention of Debtor
970
Same Intention as to Future Creditors
971
Consideration
973
Rights and Liabilities of Transferees
978
Rights of Bona Fide Purchasers
979
Jurisdiction Form of Action Parties and Pleading
981
Burden of Proof and Evidence
984
Nature and Extent of Trustees Recovery
988
Rights of Creditors in Property or Fund Recovered
990
CHAPTER XXIV
992
Sale of Incumbered Property
995
Sale Free of Incumbrances
998
What Interests Not Divested
1000
Sale of Perishable Property
1001
Land in Another District or State
1002
Notice
1003
Manner and Conduct of Sale
1004
Terms of Sale 478 Who May Purchase
1007
Rights and Liabilities of Purchasers
1009
480 Nature and Extent of Title Conveyed
1012
Approval or Confirmation of Sale
1015
Payment or Recovery of Purchase Money
1017
Conveyance and Delivery
1018
Application of Proceeds
1020
Vacating and Setting Aside Sale
1023
Collattdal Impeachment of Sale
1026
CHAPTER XXV
1027
Fraudulent Conduct Barring Proof of Claim
1033
Nature of Claims Provable in General
1034
Amount of Claims Provable 493 Payment or Satisfaction
1039
Time of Accrual of Claims
1041
Claims on Contracts and Damages for Breach Thereof
1043
Promissory Notes Consideration Good Faith of Holder
1046
Judgments 498 Equitable Claims and Demands 499 Contingent Demands and Liabilities
1050
Unliquidated Demands
1052
Assigned Claims
1055
Debts Payable in the Future
1056
Interest Accrued and Accruing
1057
Costs Expenses and Collection Fees
1058
Liability of Bankrupt as Indorser Guarantor or Surety
1061
Rights of Bankrupts Surety or Indorser
1063
Rights of Creditor Where Several Parties are liable
1066
Claims of Bankrupts Wife
1067
Claims for Alimony
1069
Unpaid Subscriptions to Stock and Stockholders Statutory Liability
1070
Debts Created by Bankrupts Fraud
1071
Taxes and Interest and Penalties Thereon
1072
Breaches of Keal Covenants 514 Claims for Torts i
1074
Fines Penalties and Forfeitures
1076
Debts Barred by Limitations
1078
Claims Founded on Illegal or Immoral Consideration
1080
Ultra Vires and Unlawful Contracts of Corporations
1082
Landlords Rights and Remedies
1083
Same Landlords Lien
1084
Same Rent to Accrue After Adjudication
1085
Same Occupation and Use of Premises by Trustee
1087
Same Damages for Breach of Contract or Covenant
1088
CHAPTER XXVI
1091
Persons Authorized to Prove
1099
Proof by Agent or Attorney
1101
Proof by Assignee of Claim
1102
Proof by Persons Contingently Liable for Bankrupt
1103
Form and Sufficiency of Deposition
1104
Acknowledgment of Deposition 533 Receiving and Filing Proofs
1107
Allowance or Disallowance of Proved Claims
1109
Postponement of Proofs
1111
Objections to Claims Who May Object
1112
Same Manner and Form of Objections
1113
Same Grounds of Objection
1114
Same Contest and Determination
1115
Same Burden of Proof and Evidence
1116
Amendment and Withdrawal of Proofs
1119
ReExamination of Claims and Expunging
1123
Review of Referees Proceedings by Judge
1128
CHAPTER XXVII
1130
Time of Accrual of Debts or Claims
1135
Claims Purchased With a View to SetOff 548 Claims Already Filed or Proved
1136
Joint Debts and Credits
1137
SetOff Against Deposit Account in Bank
1138
Unpaid Stock Subscriptions
1140
SetOff By or Against Trustee
1141
Suit to Recover Preference Blk iBke 3d Ed b
1142
Same Mortgagees 556 Same Judgment Creditors 557 Same Pledgees Assignees and Holders of Collateral
1144
Same Holders of Notes
1149
Effect of Additional Security or Claim Against Third Person 560 Joinder in Petition and Rights at Creditors Meetings
1151
Proof of Claim as Secured
1152
Waiver of Security and Proof of Debt as Unsecured
1154
Same Amendment of Proof to Claim Security
1155
Settling Value of Security
1156
Claim for Deficiency and for Interest and Costs
1158
Right to Rely on Security and Disregard Bankruptcy
1161
Foreclosure by Secured Creditor Independently of Bankruptcy 568 Same Obtaining Permission of Bankruptcy Court
1166
Same Authority of Bankruptcy Court to Stay or Enjoin Proceedings
1167
Redemption of Property by Trustee
1168
Sale of Property by Order of Bankruptcy Court
1169
Marshalling Assets
1170
CHAPTER XXIX
1171
Preferences Under Bankruptcy
1172
Essentials of a Voidable Preference
1174
Transferee as Creditor or Person Benefited
1177
Same Guarantors Sureties and Indorsers
1180
Nature and Form of Transaction
1181
Procuring or Suffering Judgment
1185
Transfers of Property
1188
Same Transfer of Property in Substitution or Satisfaction of Lien
1190
Restoration of Specific Property or Funds
1191
Same Trust Funds and Moneys Converted or Embezzled
1192
Effect of Prior Agreement to Give Security or Make Transfer 586 Exchange or Substitution of Securities
1198
Payments by Debtor
1200
Payment or Transfer by Third Person
1204
Payments to Attorneys for Past or Future Services
1205
SetOff or Adjustment of Mutual Accounts
1207
Partial Payments on Running Accounts 592 Time of Giving Preference
1210
Same Time of Filing Petition
1213
Same Time of Recording or Filing Lien
1214
Insolvency of Debtor
1217
Intention of Debtor
1220
Creditors Knowledge or Reasonable Cause of Belief
1221
Dutv to Investigate
1225
Same Circumstances Constituting Ground for BelieT
1229
Imputed Knowledge of Agent or Attorney
1231
Solicitation Coercion or Threats by Creditor 003 Preference of Partnership or Individual Creditors
1234
Rights of Preferred Creditor as to Proving Claim
1236
Same Creditors Knowledge of Intent to Prefer
1238
Same What Constitutes Surrender of Preference
1239
Same Separate or Independent Claims 608 Proceedings to Recover Preference Jurisdiction 609 Same Right of Action
1243
Same Form of Action or Proceeding
1244
Same Pleading
1245
Same Defenses
1247
Same SetOff of Amount of New Credit
1248
Same Burden of Proof and Evidence
1249
Same Trial
1254
Same Measure of Damages or Recovery
1255
CHAPTER XXX
1258
Relative Rank of Priority Claims
1260
Assignment of Priority Claims
1262
Priority of Taxes
1264
What Taxes Included
1266
Costs and Expenses of Administration
1267
Receivers Certificates
1269
Attorneys Claim for Services
1270
Wages of Workmen Clerks and Servants
1271
Same Traveling Salesmen 628 Same Limitation of Three Months
1275
Same Advance of Money to Pay Labor Claims 630 Claims of United States
1277
Claims of State or Municipality
1281
Claims Entitled to Priority Under State Laws
1282
Landlords Claim for Rent
1283
Trust Creditors and Claimants of Trust Funds
1285
CHAPTER XXXI
1287
Reopening and Setting Aside Order
1291
Payment of Dividends
1292
Recovery of Dividends Paid on Rejected Claims
1293
Claims Proved After Dividend 643 Interest on Dividends
1294
Unclaimed Dividends
1295
Right to Offer Composition
1297
Examination of Bankrupt
1300
Offer of Terms
1301
Acceptance by Creditors
1302
game Creditors Entitled to Vote
1304
Same Fraudulent Inducement to Consent
1306
Deposit for Payment 653 Application Notice and Hearing
1309
Confirmation and Proceedings Thereon
1311
Performance and Distribution
1315
Effect of Failure of Performance
1316
Vacating and Setting Aside Composition
1317
Operation and Effect
1320
Same What Debts Released
1323
Same Effect on Rights of Secured Creditors
1325
Same Joint Liability of Others With Bankrupt
1326
CHAPTER XXXIII
1327
Same Responsibility for Acts of Partner Agent or EmployS 664 Same Effect of Prior Application or Decision
1331
Parties Entitled to Oppose Discharge
1333
Grounds for Refusal of Discharge
1336
Same Want of Jurisdiction
1338
Same Transactions Prior to Enactment of Bankruptcy Law 669 Same Purchasing Consent of Creditor
1339
Same Fraudulent or Preferential Transfers
1340
Same Creation of Fiduciary Fraudulent or Tortious Debts
1343
Same Concealment of Property
1344
Same Omissions in Schedule and List of Creditors
1348
Same Knowledge and Fraudulent Purpose 675 Same Omission by Mistake or by Advice of Counsel
1350
Same Omission of Property Without Value
1351
Same Omission of Doubtful Claims or Assets
1352
Same False Oath or Testimony Refusal to Testify
1353
Same Obtaining Credit by False Statements
1356
Same Failure to Keep Books of Account
1362
Same Destruction Mutilation or Concealment of Books
1364
Same Intent to Conceal Financial Condition
1366
Same Contemplation of Bankruptcy 684 Same What Are Proper Books of Account
1369
Time of Application for Discharge
1372
Petition for Discharge
1375
Notice of Application for Discharge
1376
Proceedings in Opposition to Discharge
1377
Withdrawal of Opposition
1378
Want or Failure of Opposition
1379
Time to File Specifications in Opposition 692 Form and Sufficiency of Specifications
1380
Signature and Verification of Specifications
1386
Amendment of Specifications
1387
Exceptions to Sufficiency of Specifications 698 Dismissal for Want of Prosecution
1388
BTidence on Application for Discharge
1389
Same Admissibility of Evidence
1390
Same Burden of Proof
1392
Same Weight and Sufficiency of Evidence
1394
Bearing and Determination of Application
1396
Same Powers and Duties of Judge and Referee
1397
70R Staying or Suspending Discharge
1400
Order of Discharge
1401
Revoking Discharge
1402
Same Time for Application Laches
1403
Same Grounds for Revoking v
1405
Conclusiveness and Effect of Discharge
1407
Effect of Discharge as to Property Fraudulently Transferred or Not Scheduled
1409
Collateral Impeachment of Discharge
1410
Pleading Discharge Necessity of Pleading
1413
Same Who May Plead Discharge
1415
Same Form and Effect of Plea
1416
Evidence as to Discharge
1419
Effect of Refusal of Discharge or Failure to Apply
1422
CHAPTER XXXIV
1424
Bik Bke 3d BSD
1425
Stockholders Liabilities
1426
Claims of Sureties for Bankrupt 721 Claims Against Bankrupt as Surety
1427
Claims for Alimony and Support of Wife or Children
1428
Claims of Alien Creditors
1429
Liabilities to State or United States
1430
Claims for Taxes
1431
Debts and Claims Not Provable
1432
Debts Not Duly Scheduled
1434
Same Creditors Notice or Knowledge of Proceedings
1437
Debts Contracted in Fiduciary Capacity
1438
Same Trustees
1440
Same Executors Administrators and Guardians
1442
Same Agents
1443
Same Attorneys
1444
Same Bailees 735 Same Bankers and Brokers
1445
Same Factors and Commission Merchants
1446
Same Auctioneers 738 Same Partners and Joint Adventurers 739 Same Public and Other Officers
1447
Same Sureties on Bonds of Fiduciary Debtors
1449
Liabilities for Seduction and Criminal Conversation
1453
Debts Contracted by Fraud
1454
Same Deceit and False Representations
1457
Same Conversion of Property 746 Effect of Proving Debt and Receiving Dividends
1461
Effect of Discharge as to Codebtors and Persons Jointly Liable
1462
Same Sureties and Guarantors
1464
Same Contribution Between Sureties 750 Partnership and Individual Debts
1466
Discharge of Corporation and Effect on Liabilities of Officers and Stockholders
1468
Effect of Discharge as to Securities and Liens
1469
Same Attachment and Garnishment
1470
Same Lien by Creditors Suit 755 Same Mortgages
1472
Effect of Discharge on Rights as to Judgment and Execution
1473
Same Cancellation of Judgment of Record
1477
CHAPTER XXXV
1479
Sufficiency of New Promise
1483
Same Part Payment 763 Same Written or Oral Promise
1486
Conditional Promise
1488
Promise to Pay When Able
1489
Remedies of Creditor
1490
Burden of Proof and Evidence
1491
CHAPTER XXXVI
1493
Amount and Items of Costs
1498
Persons Entitled to Costs
1499
Persons Property or Funds Liable for Costs
1500
Taxation of Costs
1503
Expenses of Administering Estates
1504
Fees of Clerks
1506
Fees and Expenses of Marshals and Receivers
1507
Compensation of Trustees
1511
Fees and Expenses of Referees
1513
On what Sums Commissions are Calculated
1516
Fees of Attorneys
1518
Same Attorney for Bankrupt
1519
Same Attorneys for Petitioning and Other Creditors
1522
Same Attorney for Receiver
1525
Same Attorney for Trustee
1526
Conspiring with Bankrupt
1534
APPENDIX
1543
TABLE OF CASES CITED
1667
INDEX
1777
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