A Treatise on the Law and Practice of Bankruptcy: Under the Act of Congress of 1898, and Its Amendments, Volume 2

Front Cover
Vernon Law Book Company, 1922 - Bankruptcy
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Contents

Rights of Purchasers from Assignee nnd 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 Blk Bkb 3u Ed iii
973
Knowledge Bad Faith or Participation of Transferee
975
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 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
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
Collateral 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
1049
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
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 Real Covenants
1073
Claims for Torts
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 Breachof Contract or Covenant
1088
CHAPTER XXVI
1091
Time of Making Proof
1096
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 Slay Object 537 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
Claims Purchased With a View to SetOff 648 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 Preferenca
1142
CHAPTER XXVIII
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 686 Exchange or Substitution of Securities
1198
Payments hy Debtor 688 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
Same Grounds of Suspicion or Doubt
1225
Same Facts Putting on Inquiry Duty to Investigate
1226
Imputed Knowledge of Agent or Attorney
1231
Solicitation Coercion or Threats by Creditor 603 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
1241
Proceedings to Recover Preference Jurisdiction 609 Same Right of Action
1243
Same Form of Action or Proceeding
1244
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 Claim
1293
Claims Proved After Dividend 643 Interest on Dividends
1294
Unclaimed Dividends
1296
CHAPTER XXXII
1297
Same Fraudulent Inducement to Consent
1306
Deposit for Payment
1308
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
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
Same Allegations as to Failure to Keep Books or Destruction or Concealment of Books
1384
Signature and Verification of Specifications
1386
Amendment of Specifications
1387
Exceptions to Sufficiency of Specifications 698 Dismissal for Want of Prosecution
1388
Evidence on Application for Discharge
1389
Same Admissibility of Evidence
1390
Same Burden of Proof
1392
Same Weight and Sufficiency of Evidence
1394
Hearing and Determination of Application
1396
Same Powers and Duties of Judge and Referee
1397
Staying or Suspending Discharge
1400
Order of Discharge
1401
Revoking Discharge
1402
Same Time for Application Laches
1403
Same Grounds for Revoking
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
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
Sureties on Bonds of Fiduciary Debtors
1449
Liabilities for Seduction and Criminal Conversation
1453
Debts Contracted by Fraud
1454
Deceit and False Representations
1457
Same Conversion of Property
1460
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
Time of Making Promise
1482
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
Pecsons 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
ml
1528
Conspiring with Bankrupt
1534
APPENDIX
1543
TABLE OF CASES CITED
1667
INDEX
1777
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