Cases on the Law of Bankruptcy: Including the Law of Fraudulent ConveyancesEvans Holbrook, Ralph William Aigler |
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Cases on the Law of Bankruptcy, Including the Law of Fraudulent Conveyances Evans Holbrook No preview available - 2015 |
Common terms and phrases
30 Stat act of bankruptcy action adjudged a bankrupt adjudication alimony alleged allowed amendment amount application assets assignment attachment bank Bankr bankrupt law bankruptcy act bankruptcy proceedings benefit cause of action Circuit Court claim clause Company Congress contract conveyance Court of Appeals debtor decree deed defendant defraud District Court effect enforcement entitled execution exempt fact filed fixed liability four months fraud fraudulent fraudulent conveyance held indorser insolvent intent Judge judgment jurisdiction Justice levy liability lien ment mortgage mutual credits obtained opinion paid parties payment person petition in bankruptcy plaintiff plaintiff in error Poultney preference preferred creditor prior promissory note proved provisions purchase purpose question reason received record recover referee rupt ruptcy set-off settlor sold statute Supreme Court surety thereof tion transfer trustee in bankruptcy U. S. Comp valid void voidable voluntary
Popular passages
Page 565 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which Is exempt...
Page 47 - all levies, judgments, attachments, or other liens, obtained, through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Page 45 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred unless he was a bona fide holder for value prior to the date of the adjudication.
Page 252 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them ; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors...
Page 506 - ... after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgments of deeds, and shall be certified by the officer ; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the...
Page 80 - Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...
Page 106 - ... transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors; or (3) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final dis position of any property affected by such preference vacated or discharged such preference...
Page 727 - 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 646 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 298 - A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of- any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.