Wage Earner Plans Under the Bankruptcy Act: Hearings Before Subcommittee No. 1 ... 90-1, on H.R. 1057, H.R. 5771, Bills to Amend the Bankruptcy Act with Respect to the Use of Chapter XIII, May 24, 25, 19671967 - 155 pages |
Common terms and phrases
89th Congress AFL-CIO amendment American Bankers Association American Bar Association attorneys bankrupt Bankruptcy Act Bankruptcy Committee bankruptcy court bankruptcy discharge bankruptcy filings bankruptcy law bankruptcy petitions bill billion Chairman chapter XI chapter XIII proceedings circuit composition compulsory confirmation Congress consumer bankruptcies consumer credit consumer debt corporate counsel COUNTRYMAN debtor debtor's court deficiency claim DENNEY discharge in bankruptcy District DOHERTY eastern enacted extension plan fiscal future earnings garnishment income increase individual JACOBS Judge BROWN judge or referee Judicial Conference KENDALL legislation loan McCLORY ment National Bankruptcy Conference obligations pay his debts pay their debts payments percent personal bankruptcies POFF POULOS problem procedure proposal provisions question ROGERS SCHWARZSTEIN secured creditor six-year bar statement straight bankruptcy subcommittee sumer Thank tion TWINEM unconscionable Uniform Commercial Code unsecured voluntary wage earner plan wage earner proceedings wage garnishment wage-earner WETZEL WHITENER WIGGINS ZELENKO
Popular passages
Page 77 - If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
Page 75 - The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner.
Page 150 - The judge shall confirm a composition if satisfied that (1) it is for the best interests of the creditors ; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge...
Page 143 - The provisions of chapters I to VII, inclusive, of this Act shall, insofar as they are not inconsistent or in conflict with the provisions of this chapter, apply in proceedings under this chapter...
Page 153 - ... shall be deemed to be reduced to the amounts respectively provided for them in the arrangement or in the order confirming the arrangement, less any payment made thereunder; and "(3) the provisions of chapters I to VII, inclusive, of this Act shall, insofar as they are not inconsistent or in conflict with the provisions...
Page 145 - Frequently, however, even when the plain meaning did not produce absurd results but merely an unreasonable one "plainly at variance with the policy of the legislation as a whole" 20 this Court has followed that purpose, rather than the literal words.
Page 83 - ... adequate protection for the realization by them of the value of their equity...
Page 100 - ... is not accepted at the meeting of creditors or within such further time as the court may fix...
Page 134 - States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held.
Page 144 - There is, of course, no more persuasive evidence of the purpose of a statute than the words by which the legislature undertook to give expression to its wishes.