The Bankrupt Act of 1867, Consolidated with Its Amendments, Including the Amendatory and Supplementary Act of 1874

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Soule, Thomas & Wentworth, 1874 - 74 páginas

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Página 15 - That as soon as said assignee is appointed and qualified, the judge, or, where there is no opposing 'interest, the register, shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all his d^eeds, books, and papers relating thereto...
Página 52 - ... debt against his estate, he shall fail to disclose the same to his assignee within one month after coming to the knowledge or belief thereof; or...
Página 38 - ... the assignee may recover the property, or the value of it, from the person so receiving it, or so to be benefited.
Página 15 - ... such assignment shall relate back to the commencement of the proceedings in bankruptcy, and by operation of law shall vest the title to all such property and estate, both real and personal, in the assignee...
Página 33 - ... with a view to give a preference to any creditor or person having a claim against him, or who is under any liability for him, procures any part of his property to be attached, sequestered, or seized on execution...
Página 51 - Court, on satisfactory evidence, that the composition or scheme cannot in consequence of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, or that the approval of the Court was obtained by fraud the Court may, if it thinks fit, on application by any creditor, adjudge the debtor bankrupt, and annul the composition or scheme...
Página 6 - That the several circuit courts of the United States within and for the districts where the proceedings in bankruptcy shall be pending shall have a general superintendence and jurisdiction of all cases and questions arising under this act ; and, except when special provision is otherwise made, may, upon bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity.
Página 6 - ... no suit at law or in equity shall in any case be maintainable by or against such assignee, or by or against any person claiming an adverse interest, touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years from the time the cause of action accrued, for or against such assignee : Provided, That nothing herein contained shall revive a right of action barred at the time such assignee is appointed.
Página 24 - ... b A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy.
Página 23 - ... shall be entitled to prove such debt, "or to stand in the place of the creditor, if...

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