A Treatise on the Law and Practice of Bankruptcy: Under the Act of Congress of 1898, and Its Amendments, Volume 1

Front Cover
Vernon Law Book Company, 1922 - Bankruptcy - 1840 pages
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Contents

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
CHAPTER II
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 22 Summary Jurisdiction
51
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 8L Practice in Bankruptcy
79
Powers and Authority of Judge
81
APPELLATE JURISDICTION AND PROCEDURE Sec 34 Statutory Provisions 35 Jurisdiction of United States Supreme Court
87
Same On Certification of Questions
92
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
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
Certifying Questions for Review by Judge
173
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
Concealment or Removal of Property
196
S4 Giving a Preference
198
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 91 Assignment for Creditors
215
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
Acts of Bankruptcy by Partners
258
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 Busfness and Commercial Companies 142 Religious Charitable Educational and Other Corporations Not for Profit
320
Unincorporated and Joint Stock Companies
321
Acts of Bankruptcy by Corporations 145 Same Admission of Insolvency and Willingness to be Adjudged Bankrupt
324
Effect of Adjudication on Status of Corporation
330
Franchises as Assets
332
Assessment on Unpaid Stock
333
Statutory Liability of Stockholders and Director
337
Discharge of Corporations
339
CHAPTER X
340
SECURED CREDITORS
346
Same Creditors Estopped to Petition
350
Same Requisites as to Number and Amount
353
Same Solicitation Procurement or Purchase of Claims 158 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
17b 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
Same Joinder of Bankrupt
424
Representation of Trustee by Counsel for Bankrupt
425
Injunction and Receivership
426
Vacating and Setting Aside Adjudication
427
Pleading Defenses to Trustees Bill or Complaint
428
Pleadings in Suits Against Trustees
429
Clerks Docket
430
CHAPTER XI
431
Liability of Trustee for Costs CHAPTER XXII
432
Assignment an Act of Bankruptcy
433
Effect of Adjudication in Bankruptcy on Previous Assignment
434
Assignment More Than Four Months Before Bankruptcy
435
Stay by Injunction or Order from Federal Court
436
Trustees Proceedings to Avoid or Set Aside Assignment
437
43S Recovery of Assets by Trustee 439 Same Summary Proceedings and Attachment for Contempt
439
Nature of Trustees Title to Property Assigned
440
Estate Partly Settled by Assignee
441
Leave to Continue Suit iu State Court 189 What Actions May be Stayed
442
Appointment of Assignee as Trustee
443
Credits and Allowances to Assignee
444
Statutory Provisions
445
Rights of Trustee as to Transfers
446
Foreclosure of Mortgages and Other Liens 191 Proceedings Subsequent to Judgment
447
Trustees Right of Action Exclusive
448
Conditions Precedent to Trustees Action
449
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
Transfers Fraudulent as to Partnership or Individual Creditors
455
Property or Rights Transferred
456
Intervention of Trustee in Pending Suits
457
Insolvency of Debtor
458
Intention of Debtor
459
Intention as to Future Creditors
460
Suits Begun After Adjudication
461
Rights and Liabilities of Transferees
463
Rights of Bona Fide Purchasers
464
CHAPTER XII
465
Burden of Proof and Evidence
466
Nature and Extent of Trustees Recovery
467
Rights of Creditors in Property or Fund Recovered
468
Authority of Trustees and Orders of Court
469
Seizure of Property in Hands of Third Person
470
Sale Free of Incumbrances
471
What Interests Not Divested
472
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
Manner and Conduct of Sale
476
Terms of Sale
477
Enjoining Levy Judicial Sale or Replevin
478
Restraining Proceedings in State Courts
479
Nature and Extent of Title Conveyed
480
Indemnity Bond by Petitioning Creditors
481
Forthcoming Bond by Bankrupt
482
Appointment of Receiver
483
Application of Proceeds
484
Vacating and Setting Aside Sale
485
Powers and Duties of Receiver
486
Statutory Provisions
487
Who Are Creditors Within the
488
Continuing Bankrupts Business
489
Fraudulent Conduct Barring Proof of Claim
490
Claims of Third Persons Against Receiver or Estate
491
Amount of Claims Provable
492
Actions By and Against Receiver
493
Time of Accrual of Claims
494
Ancillary Receiverships
495
Accounts and Compensation of Receiver
496
Judgments
497
Sale of Property Pending Proceedings
498
Contingent Demands and Liabilities
499
CHAPTER XIII
500
Assigned Claims
501
Debts Payable in the Future
502
Interest Accrued and Accruing
503
Schedule of Assets Preparation and Filing
504
Form and Contents of Schedule
505
Rights of Bankrupts Surety or Indorser
506
Preparation of Schedule on Bankrupts Default
508
Mistakes and Omissions in Schedule
509
Unpaid Subscriptions to Stock and Stockholders Statutory Liability
510
List of Creditors
511
Amendment of Schedule and List
512
Breaches of Real Covenants
513
Claims for Torts
514
Surrender of Money or Assets to Trustees Jurisdiction and Power to Order
515
Debts Barred by Limitations
516
Same Petition Order and Proceedings Thereon
517
Ultra Vires and Unlawful Contracts of Corporations
518
Same Evidence to Sustain Order
519
Same Landlords Lien
520
Same Rent to Accrue After Adjudication
521
Same Occupation and Use of Premises by Trustee
522
Same Excuses Defenses and Allowances
523
Same Commitment for Contempt
524
Effect of Proof
525
Time of Making Proof
526
Persons Authorized to Prove
527
Proof by Agent or Attorney
528
Detention and Extradition o Bankrupts 233 Privilege from Arrest on Civil Process
529
Proof by Persons Contingently Liable for Bankrupt
530
Form and Sufficiency of Deposition
531
Acknowledgment of Deposition
532
Receiving and Filing Proofs
533
Release from Imprisonment
534
Postixmeuient of Proofs
535
Objections to Claims Who May Object
536
Arrest Prior to Bankruptcy Proceedings
537
Same Grounds of Objection
538
AfterAcquired Property
539
Same Burden of Proof and Evidence
540
Right to Surplus of Estate
541
ReExamination of Claims and Expunging
542
Review of Referees Proceedings by Judge
543
Right of SetOff in General
544
CHAPTER XIV
545
Time of Accrual of Debts or Claims
546
Claims Purchased With a View to SetOff
547
Same Pledgees Assignees and Holders of Collateral
557
Homestead Exemption
558
Effect of Additional Security or Claim Against Third Person
559
Joinder In Petition and Rights at Creditors Meetings
560
Proof of Claim as Secured
561
Title to Exempt Property 246 Forfeiture of Exemptions
562
Same Amendment of Proof to Claim Security
563
Settling Value of Security
564
Claim for Deficiency and for Interest and Costs
565
Abandonment and Waiver of Exemptions
566
Foreclosure by Secured Creditor Independently of Bankruptcy
567
Same Rights and Remedies of Creditors Holding Waivers
568
Same Authority of Bankruptcy Court to Stay or Enjoin Proceedings
569
Redemption of Property by Trustee
570
Liens on and Claims Against Exempt Property
571
Preferences at Common
573
Preferences Under Bankruptcy
574
Same Claims for Unpaid Purchase Money
575
Jurisdiction of Bankruptcy Court
576
Same Guarantors Sureties and Indorsers
577
Claim of Exemptions
578
Procuring or Suffering Judgment
579
Transfers of Property
580
Setting Apart Exempt Property
581
Restoration of Specific Property or Funds
582
Same Trust Funds and Moneys Converted or Embezzled 584 Giving of Present Consideration Security for Present Loan or Fu ture Advances
584
Effect of Prior Agreement to Give Security or Make Transfer 586 Exchange or Substitution of Securities
586
Payments by Debtor
587
Sale of Property and Allowance of Exemptions Out of Proceeds 255 Exemptions In Partnership Cases
588
Payments to Attorneys for Past or Future Services
589
SetOff or Adjustment of Mutual Accounts
590
Dower and Allowances to Bankrupts Widow
591
Time of Giving Preference
592
CHAPTER XV
593
Same Time of Recording or Filing Lien
594
Application and Order for Examination and Notice
595
Intention of Debtor
596
Process to Secure Attendance of Witness
597
Examination of NonResident Witnesses
598
Same Facts Putting on Inquiry Duty to Investigate
599
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
Same
610
Same
611
Same
612
Privileged Communications
613
Privilege Against SelfCriminating Testimony
614
Same
615
Same
616
Same Circumstances Constituting Ground for Belief 601 Imputed Knowledge of Agent or Attorney 602 Solicitation Coercion or Threats by Creditor ...
617
Use and Effect of Evidence
618
Witness Fees and Costs of Examination
619
Assignment of Priority Claims
620
Contempts by Witnesses
621
What Taxes Included
622
Costs and Expenses of Administration
623
Receivers Certificates
624
CHAPTER XVI
625
Wages of Workmen Clerks and Servants
626
Designation of Newspapers
627
Meetings of Creditors
628
Same Advance of Money to Pay Labor Claims
629
Claims of United States
630
Same Special and Final Meetings
631
Representation by Attorney or Proxy
632
Assignment of Claims
633
Trust Creditors and Claimants of Trust Funds
634
Meaning of Dividend in Bankruptcy
635
Funds for Distribution as Dividends
636
Furnishmg Indemnity for Expenses
637
Right to Information as to Estate
638
CHAPTER XVII
639
Payment of Dividends
640
Recovery of Dividends Paid on Rejected Claims
641
Claims Proved After Dividend
642
Interest on Dividends
643
Unclaimed Dividends
644
Same Cases Where No Trustee Appointed
645
Same Rights of Creditors as Voters
646
Examination of Bankrupt
647
Offer of Terms 649 Acceptance by Creditors
649
Same Creditors Entitled to Vote
650
Same Representation by Agent or Attorney
651
Deposit for Payment
652
Application Notice and Hearing
653
Confirmation and Proceedings Thereon
654
Same Corrupt Practices and Improper Iniluences In Election 291 Confirmation or Disapproval by the Court
655
Effect of Failure of Performance
656
Appointment of Trustee by Court
657
Operation and Effect
658
Same What Debts Released
659
Acceptance and Resignation of Trustee
660
Bonds of Trustees
661
Right to Discharge in General
662
Death of Trustee
663
Removal of Trustee
664
Parties Entitled to Oppose Discharge
665
Grounds for Refusal of Discharge
666
CHAPTER XVIII
667
Trustee as Representative of Creditors
668
Same Purchasing Consent of Creditor
669
Instructions of Court or Referee
670
Inventory and Appraisal of Property
671
Custody and Care of Property
672
Same Omissions in Schedule and List of Creditors
673
Carrying On Bankrupts Business
674
Collection of Assets
675
Same Omission of Property Without Value
676
Same Omission of Doubtful Claims or Assets
677
Arbitration and Compromise
678
Same Obtaining Credit by False Statements
679
Same Failure to Keep Books of Account
680
Redemption of Property 306 Performance of Bankrupts Contracts and Obligations
681
Same Intent to Conceal Financial Condition
682
Leased Property and Leasehold Interests of Bankrupt
683
Same What Are Proper Books of Account
684
Expenditures
685
Petition for Discharge
686
Employment and Compensation of Attorney for Trustee
687
Proceedings in Opposition to Discharge
688
Priority of Petition and Transfer of Causesi Blk Bkr 3d Ed
689
Deposit and Disbursement of Funds
691
Form and Sufficiency of Specifications
692
Responsibility for Negligence or Misconduct
694
Signature and Verification of Specifications
695
Joint Trustees 313 Accounts and Reports of Trustee
696
Amendment of Specifications 697 Exceptions to Sufficiency of Specifications
697
Dismissal for Want of Prosecution
698
Discharge of Trustee 315 Closing and Reopening Estate
699
Same Admissibility of Evidence
700
Same Burden of Proof
701
Same Weight and Sufficiency of Evidence
702
CHAPTER XIX
703
Same Powers and Duties of Judge and Referee
704
Staying or Suspending Discharge
705
Order of Discharge
706
Revoking Discharge
707
Same Time for Application Laches
708
Date of Accrual of Trustees Title
709
Conclusiveness and Effect of Discharge
710
Effect of Discharge as to Property Fraudulently Transferred or Not Scheduled
711
Collateral Impeachment of Discharge
712
Assets in Bankruptcy in General
713
Same Who May Plead Discharge
714
Form andEffect of Plea
715
Evidence as to Discharge
716
Situation of Property
717
Burdensome Interests
718
Same Trustees Election to Accept or Abandon Property
719
Claims of Sureties for Bankrupt
720
Property In Bankrupts Possession
721
Property in Custody of the
722
Interests in Real Estate
723
Same Equity of Redemption
724
Same Leased Property
725
Same Remainders and Expectant Estates
726
Debts Not Duly Scheduled
727
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
Same Agents
732
Trade Marks and Trade Names 336 Franchises and Licenses
733
Membership in Stock Exchange
734
Same Bankers and Brokers
735
Executory Contracts
736
GoodWill of a Business
737
Same Partners and Joint Adventurers
738
Debts Due to Bankrupt
739
Sureties on Bonds of Fiduciary Debtors
740
Same Claims Against Government
741
Rights of Action
742
Same For Personal Injuries and Other Torts
744
Same Conversion of Property
745
Same For Usury 345 Legacies and Inheritances
746
Property Held In Trust for Bankrupt
747
Same Testamentary Trusts and Annuities
748
Same Contribution Between Sureties
749
Policies of Life Insurance
750
Discharge of Corporation and Effect on Liabilities of Officers and Stockholders
751
Effect of Discharge as to Securities and Liens
752
Same Attachment and Garnishment
753
Same Lien by Creditors Suit
754
Mortgages
755
Effect of Discharge on Rights as to Judgment and Execution
756
Same Cancellation of Judgment of Record
757
Wifes Personalty and Ghoses in Action 350 Acquisitions of Minor Children 351 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
Security for Costs
769
Power to Award Costs
770
Amount and Items of Costs
771
Money or Collateral In Hands of Bankrupt as StockBroker
772
Persons Property or Funds Liable for Costs
773
Taxation of Costs
774
Expenses of Administering Estates
775
Property Held Under Contract of Conditional Sale
776
Fees and Expenses of Marshals and Receivers
777
Compensation of Trustees
778
Fees and Expenses of Referees
779
On what Sums Commissions are Calculated
780
Property Held Under Executory and Option Contracts of Sale
781
Same Attorney for Bankrupt
782
Same Attorneys for Petitioning and Other Creditors
783
560 Property Procured by Bankrupt by Fraud
784
Same Attorney for Trustee
785
Property Sold or Pledged by Bankrupt
787
Equitable Rights of Third Persons
790
Offenses by Referees and Trustees
792
CHAPTER XX
793
Liens Invalid as Against Creditors
800
Mortgages of Real Property
802
APPENDIX
803
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
3S0 Date of Attaching of Lien as Affecting Dissolution
835
Rights of Bona Fide Purchasers
839
Rights of Trustee as to Property Affected by Liens
840
Conveyance or Surrender of Property Under Order of Court
842
Subrogation of Trustee to Rights of Lienholders
843
Rights and Remedies of Creditor on Dissolution of Lien
846
Costs and Pees Incurred Under Dissolved Lien 387 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
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
Claims on Property in Possession of Trustee or Custody of Court
888
Same Independent Suits Against Third Persons
892
Same Preferences aud Fraudulent Conveyances 411 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
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