« PreviousContinue »
4. Proofs of debt must be returned by the assignee, after he has registered the claims in his book, to the register; and they must, under G. 0. 7, be filed in the clerk's office with the other papers in the case. Anon. (N.Y. S. D.) 1 B. R. 2; 2 B. R. 21.
5. An assignee must make his return, when requested by the bankrupt, under Form 35, when he has not received or paid any moneys on account of the estate, though he has reason to believe that he will thereafter receive money on account of the estate. — In re W. A. Hughes (N.Y. S. D.), 1 B. R. 9; 1 L. T. B. 45.
6. When a bankrupt petitions for his discharge, according to Form 51, alleging that no assets have come to the hands of the assignee, a return by the assignee, according to Form 35, that he has no assets, is not necessary, before granting the order to show cause, provided in Form 51. – In re J. Bellamy (N.Y. S. D.), 6 I. R. R. 86; s.c. 1 L. T. B. 22.
See EXAMINATION, 3–7; EXECUTION, 5; FEES, I. 29; V. 5; Proor, II. 9; REGISTER, 4, 5; RENT; SALE OF INCUMBERED PROPERTY, 1, 6; SECOND AND THIRD MEETINGS ; STAMP; STAY OF PROCEEDINGS, 5.
III. Suits by and against Assignees. 1. Semble, that, after the appointment of the assignee, a bill to restrain creditors from proceedings in a State court against the bankrupt's estate must be brought by the assignee, and not by the bankrupt.-In re T. F. Bowie (Md. D.), 1 B. R. 185; s.c. 3 Pitts. L. J. (N.S.) 448.
2. Before the appointment of an assignee, a bankrupt can maintain a bill in equity to restrain execution creditors from levying on his estate. —Jones v. Leach (Miss. D.), 1 B. R. 165.
3. The assignee can maintain a suit to recover property conveyed by the bankrupt in fraud of creditors, even though the conveyance was before the passage of the Bankrupt Act. [Citing Carr v. Hilton, 1 Curt. C. C. 230.] - Bradshaw v. Klein (Ind. D.), 1 B. R. 146 ; s.c. 3 Pitts. L. J. (N.s.) 433; 7 Am. Law Reg. (n.s.) 505; 1 L. T. B. 72.
4. A lien was created on certain property of A., by a judgment against him. A. was afterwards adjudged bankrupt, and subsequently the sheriff levied on said property under an execution issued on the judgment. Held, that the assignee could maintain a bill against the sheriff to have the goods turned over to himself to be sold, and the proceeds applied as the court should direct. - Pennington v. Sale (Miss. D.), 1 B. R. 157 ; s.c. 2 Am. Law Rev. 776.
5. A conveyance by an insolvent of all his property to a creditor, made at the creditor's instance and for the creditor's security, is void; but if such conveyance included property exempt from execution, the assignee can only recover from the creditor the value of the property conveyed, less the value of the exempt property. [Citing Phonix v. Assignees of Ingraham, 5 Johns. 412, 428; Ashby V. Steere, 2 Wood. & M. 347 ; Atkinson v. Farmers' Bank, Crabbe, 529; Shawhan v. Wherritt, 7 How. 627 ; Ex parte Breneman, Crabbe, 456 ; Worseley v. De Mattos, 1 Burr. 467; Wilson v. Day, 2 Burr. 827 ; Newton v. Chantler, 7 East, 138; Hooper v. Smith, 1 W. Bl. 441; Lindon v. Sharp, 7 Scott (N.s.), 730; Appenden v. Burgess, 4 East, 230; Dutton v. Morrison, 17 Ves. 193; Harman v. Fishar, Cowp. 123; Jolly v. Wallis, 3 Esp. 228; Chase v. Goble, 3 Scott, (x.s.) 2451; Grow v. Ballard (Cal. D.), 2 B. R. 69; s.c. 1 L. T. B. 111.
6. Proceedings, by an assignee, to recover property fraudulently conveyed by the bankrupt, may be had in a summary manner, by petition, in the District Court. [Citing Ex parte Christy, 3 How. 292.] In re J. C. Neal, Ex parte Bill (Ohio, N. D. C. C.), 2 B. R. 82.
7. Property replevied was taken from A., the plaintiff in replevin, by the marshal, and delivered to the assignee as the property of the bankrupt. A. moved on affidavits for a summary order to the assignee to deliver the property. Held, that the order should be refused, and that A. ought to proceed by action, bill, or petition, against the assignee. [Citing Buck v. Colbath, 3 Wall. 334.] - In re G. J. G. Davidson (N.Y. S. D.), 2 B. R. 49.
8. The owner of property which is wrongly withheld from him by the assignee, on the alleged ground that it is the property of the bankrupt, can sue the assignee in the State courts. In re T. Noakes (Md. D.), 1. B. R. 164. See DIVIDEND, 2.
IV. Compensation. In a voluntary bankruptcy, where there were no assets and only one creditor proved his debt, $10 were allowed to the assignee as compensation, to be paid by the bankrupt. — In re J. W. Dean (Ky. D.), 1 B. R. 26; s.c. 1 L. T. B. 9. See FEES, I. 20.
ASSIGNMENT. 1. The register has authority to assign and convey the bankrupt's estate to the assignee, if no one appears before him to oppose the assignment, though the title to the property is in dispute. — In re W. H. Wylie (Md. D.), 2 B. R. 53.
2. A claim by A. for fraudulently recommending to him a person as worthy of trust, though put in suit, does not pass to the assignee of A. in bankruptcy. - In re J. D. Crockett (N.Y. S. D.), 2 B. R. 75.
3. Property of which the bankrupt has made a bona fide assignment for the benefit of all his creditors, twelve months before the commencement of the proceedings in bankruptcy, does not pass to the assignee in bankruptcy. [Citing Mitchell v. Winslow, 2 Story, 630; Brown v. Heathcote, 1 Atk. 160, 162; Mitford v. Mitford, 9 Ves. 87; Bedford v. Perkins, 3 Carr. & P. 90; Fisher v. Miller, 1 Bing. 150; Young v. Taylor, 2 Moore, 326 ; Crowfoot v. Gurney, 9 Bing. 372.] - In re G. H. Arledge (Ga. D.), 1 B. R. 195.
4. A general assignment of property by an insolvent debtor for the benefit of all his creditors, if untainted by fraud, either against creditors or the Bankrupt Act, is valid, and the property will not pass to an assignee appointed in proceedings in voluntary bankruptcy. - Sedgwick v. Place (N.Y. S. D. C. C.), 1 B. R. 204.
See Act OF BANKRUPTCY, 2, 3; AFTER ACQUIRED PROPERTY ; ATTACHMENT, 2; EXEMPTED PROPERTY; FEES, I. 1; II. 2; STAMP; STAY OF PROCEED
ATTACHMENT. 1. By attachments on mesne process are meant attachments on all process before execution. — Pennington v. Lowenstein (Miss. D.), 1 B. R. 157.
2. Where proceedings in bankruptcy are carried on by trustees under $ 43, the
transfer of the bankrupt's estate to the trustees, like the assignment to the assiguee, relates back to the commencement of the bankruptcy proceedings, and dissolves attachments in like manner. In re D. B. Williams (Conn. D.), 2 B. R. 79; 8.c. 1 L. T. B. 107, 113.
See BANKRUPT ACT, WHEN IT TAKES EFFECT, 1; DISCHARGE, IV. 2; DiviDEND, 2; FEES, V. 4.
ATTORNEY. 1. To vote for an assignee, an attorney must have a letter of attorney, otherwise he cannot vote, even though he be an attorney at law. — In re J. J. Purvis (Md. D.), 6 I. R. R. 173; s.c. 1 L. T. B. 19.
2. The powers given by a letter of attorney to several persons jointly must be exercised by all. But Forms 14 and 26 do not give a joint authority, and the power given by letters of attorney in those forms may be exercised by any one of the persons to whom they are addressed. — In re Phelps (Ky. D.), 1 B. R. 139.
3. A power of attorney given before the passage of the Bankrupt Act, which authorizes the attorney to “ask, demand, collect, and receive all debts" due his constituents, “to compromise and settle, release and discharge, and for that purpose to sign our name to any agreement of compromise or settlement, or any other paper writing proper or necessary for the purpose aforesaid,"is sufficient authority for the attorney to vote for an assignee, and sign Form 15. — In re W. H. Knoepfel (N.Y. S. D.), 6 I. R. R. 114.
4. A. claimed to act as attorney for B. & C. in the choice of an assignee. The power of attorney to him was signed by K., as attorney of B. and C., and was acknowledged before a register, who certified that K. was known to him as the authorized agent of B. and C., and had acknowledged that he executed the power as such agent. K. had also proved the debt due to B. and C., making the affidavit according to Form 25; but the attorneyship of K. was not proved by the oath of any one, nor was there any power of attorney from B. and C. to K. Held, that A. was not a “duly constituted attorney” of B. and. C. — In re W. H. Knoepfel (N. Y. S. D.) 6 I. R. R. 53.
5. A power of attorney to act for a creditor need not be acknowledged. — In re A. F. Powell (N.J. D.), 2 B. R. 17.
6. The authority of an attorney or counsellor of the circuit or district court to appear for a creditor cannot be inquired into by the register at the instance of the bankrupt. — In re W. D. Hill (N.Y. S. D.), 6 I. R. R. 51.
See AssIGNEE, I. 7, 8; EXAMINATION, 19, 20; FEES, V. 1; FRAUDULENT PREFERENCE, 6, 7; PRIORITY, 1; STAMP; WITNESS, 1.
$ 1.— See STATE INSOLVENT Laws; STAY OF PROCEEDINGS, 7, 8.
$ 2.- See CIRCUIT COURT; JUDGMENT, 2. $ 4. — See AssiGNEE, I. 12; CERTIFYING QUESTION; CREDITOR'S PETITION, 3 ;
DISCHARGE, II. 1, 2; III. 10; EXAMINATION, 15, 16, 18; FEES, I. 17-21; II. 5; PETITION, 2 ; REGISTER. $ 5. - See DISCHARGE, II. 1, 2; FEES, I. 16, 28, 32, 33; REGISTER, 1.
§ 6.— See CERTIFYING QUESTION ; DISCHARGE, III. 10; EXAMINATION, 17;
FEES, I. 34; WITNESS, 2.
$ 8. — See CIRCUIT COURT.
§ 10.- See FEES, I. 23. § 11.— See AFTER ACQUIRED PROPERTY, 2; AMENDMENT; DISCHARGE, III. 13;
IV. 6; FIRST MEETING, 2 ; INVENTORY; LIMITATIONS, STATUTE OF, 6; NoTICE; PARTNERSHIP, 1, 2; PETITION; REFERENCE, ORDER OF, 2 ; RESIDENCE; SCHEDULE.
$ 12.- See First MEETING; MARSHAL; NOTICE, 3-5, 7. § 13. — See AMENDMENT; ASSIGNEE, I. 1-15; FEES, I. 2; MARSHAL; NOTICE,
7 ; SECURED CREDITOR, 2; STAMP. § 14. — See AFTER AOQUIRED PROPERTY; AssIGNEE, I. 16; II. 3; III. 3-6;
ASSIGNMENT; ATTACHMENT; BANKRUPT ACT, WHEN IT TAKES EFFECT, 1;
§ 15. — See AssIGNEE, II. 1; STAMP.
See ASSIGNEE, III. 1.
$ 18. — See ASSIGNEE, I. 17. § 19.- See AssIGNEE, I. 5; LIMITATIONS, STATUTE OF; PARTNERSHIP 7;
PROOF, I.; II. 4; RENT; SECURED CREDITOR, 1. § 20. -See EXECUTION; LIEN; SALE OF INCUMBERED PROPERTY ; SECURED
CREDITOR; STAY OF PROCEEDINGS, 3. § 21. - See ARREST, 8; ASSIGNEE, III. 1; JUDGMENT, 1, 3-6; LIEN, 2;
STATE COURTS; STAY OF PROCEEDINGS. 822.-See ASSIGNEE, II. 4; EXAMINATION, 1-13; Proof, II. ; REGISTER, 3; SALE
OF INCUMBERED PROPERTY, 5; SECURED CREDITOR, 2-4. $ 23. — See ATTORNEY; FEES, I. 26; PROOF, I. 2, 3; II. 6–8; REGISTER, 3;
STAMP. $ 25. - See ASSIGNEE, II. 2; III. 7, 8; PERISHABLE PROPERTY; Stay Of Pro
CEEDINGS, 3. § 26. - See AFTER ACQUIRED PROPERTY, 2; AMENDMENT; ARREST; Dis
CHARGE, II. 11, 12; EXAMINATION; FEES, I. 17–20, 28; IV. ; INVENTORY, 4;
PARTNERSHIP, 5; SCHEDULE, 8–10; SUMMONS; WITNESS. $ 27. — See DISCHARGE, I. 3; II. 8,9; DIVIDEND, 1; FEES, I. 8, 26; PRIORITY;
PROOF, II. 9; REGISTER, 3, 5; SECOND AND THIRD MEETINGS. § 28. - See ASSIGNEE, II, 5, 6; IV.; DISCHARGE, II. 8, 9; DIVIDEND; FEES,
I. 8; V. 1, 3, 4; PRIORITY; PROOF; I. 4; II. 9; REGISTER, 4; SECOND AND
THIRD MEETINGS; TAXES. § 29.-See AssiGNEE, II. 6; III. 2; BOOKS OF ACCOUNT; CONCEALMENT OF
Assets ; CONTEMPLATION OF BANKRUPTCY AND INSOLVENCY ; DISCHARGE, I.; II. ; III. ; IV. 1-5; EXAMINATION, 14; FEES, I. 8, 27 ; FRAUDULENT PREFER
ENCE, 4-8; FRAUDULENT TRANSFER, 1; SECOND AND THIRD MEETINGS ;
SPECIFICATIONS, 4-12. $ 31. - See DISCHARGE, III. ; IV.5; EXAMINATION, 13; PROOF, III. ; SPECIFICA
$ 32. — See DISCHARGE, IV. 6, 7; FEES, II. 4. § 33. — See ARREST, 2, 3; DISCHARGE, IV. 3, 4; V. 2–4; EXAMINATION, 23,
24; PARTNERSHIP, 8, 9; SPECIFICATIONS, 6.
$ 34. — See DISCHARGE, V.1; VI. ; PARTNERSHIP, 8, 9. § 35. — See ASSIGNEE, III. 3, 5, 6; AssIGNMENT, 3, 4; FRAUDULENT PREFER
ENCE, 3 ; INSOLVENCY ; PROOF, I. 2, 3. § 36. — See AssIGNEE, I. 2, 3; CREDITOR'S PETITION, 5; EXEMPTED PROPERTY,
2, 3; PARTNERSHIP.
$ 37. See RAILROAD. $39. – See ACT OF BANKRUPTCY; COMMERCIAL PAPER; CONFESSION OF JUDG
MENT; CREDITOR'S PETITION ; DEPOSITION; DISMISSAL OF PETITION, 2, 3; FRAUDULENT PREFERENCE, 1, 2; FRAUDULENT TRANSFER, 2 ; INSOLVENCY ; PROOF, I. 2, 3, 5; RESIDENCE, 1; STAY OF PROCEEDINGS, 6; SUFFERING
PROPERTY TO BE TAKEN, § 40. — See DEPOSITION; INJUNCTION; JUDGMENT, 2; PLEADING ; RENT, 2;
§ 43. — See ATTACHMENT, 2; EXECUTION, 4.
§ 47. — See DiscHARGE, IV. 7; FEES, I. — III. ; V. 5, 6. $ 50. — See ACT OF BANKRUPTCY, 3; BANKRUPT Act, WHEN
BANKRUPT ACT, WHEN IT TAKES EFFECT. 1. An attachment laid prior to June 1, 1867, is dissolved by an assignment in bankruptcy, if the attachment is made within the four months next preceding the commencement of the bankruptcy proceedings. [Citing Dash v. Van Kleeck, 7 Johns. 477; Planters' Bank v. Sharp, 6 How. 301; Larrabee v. Talbott, 5 Gill, 426 ; Harrison v. Sterry, 5 Cranch, 289; Peck v. Jenness, 7 How. 612; Bronson v. Kinzie, 1 How. 311; Alexander v. Ghiselin, 5 Gill, 138, 178; Selby v. Magruder, 6 H. & J. 455; Harding v. Stevenson, 6 H. &. J. 264; Giese v. Thomas, 7 H. & J. 458; Hepburn's Case, 3 Bland, 95, 119; Barr v. Perry, 3 Gill, 313, 325.]— Corner v. Miller (Md. Common Pleas for Baltimore City), 1 B. R. 98.
2. State insolvent laws were not superseded until June 1, 1867, by the Bankrupt Act. [Citing Sturges v. Crowninshield, 4 Wheat. 122 ; Ogden v. Saunders, 12 Wheat. 213; Ex parte Eames, 2 Story, 322; Judd v. Ives, 4 Met. 401; Griswold v. Pratt, 9 Met. 16; Commonwealth v. Fowler, 10 Mass. 290; Opinion of Justices, 3 Gray, 606; Gardner v. Lane, 9 All. 497 ; Seaman v. Stoughton, 8 Barb. Ch. 349; Savage's Assignee v. Best, 3 How. 111; Peck v. Jenness, 7 How. 612; Davenport v. Tilton, 10 Met. 320; Hutchins v. Taylor, 5 Law