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xv | |
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Nature of Bankruptcy, Etc. |
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1 | (17) |
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Meaning of the terms bankrupt and insolvent; analogy and distinction between them |
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General purposes of bankrupt and insolvent laws |
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Necessity and inefficiency of such laws |
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When proceedings may be annulled |
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English and American bankrupt acts |
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Constitutional questions in the United States |
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Acts of Bankruptcy and Insolvency |
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18 | (22) |
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General rule. Bankruptcy consists in acts |
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What are acts of bankruptcy |
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Effect of an act of bankruptcy upon subsequent dealings---relation |
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Whether bankruptcy is a crime |
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The act constitutes bankruptcy |
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A bankrupt cannot set up a prior act |
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Absenting or keeping house |
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Failure to dissolve attachment |
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Who may be Bankrupts or Insolvents |
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40 | (16) |
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Trading, whether necessary; question of trading; how determined; estoppel |
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Miscellaneous occupations |
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Whether selling the produce of labor is sufficient. Mechanics, artificers, etc. |
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Selling the produce of land |
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Allegation of the mode of trading |
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Trading in one's own right---executors, etc. |
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Married women. Provision for them in case of the bankruptcy of their husbands |
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Place of trading; foreigners; aliens |
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Form of objecting that the party is not subject to bankruptcy |
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Bankruptcy and Insolvency in Case of Partnership |
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56 | (25) |
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Bankruptcy or insolvency of a partnership---form of proceeding |
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Bankruptcy, etc. of one partner |
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Bankruptcy dissolves a partnership. Effect on the right of the partners to dispose of property, etc. |
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Mutual and relative rights of the assignee and the solvent partner |
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Joint and separate property. Change of title before bankruptcy-transfer by one partner to the other |
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Joint and several commissions---joint and several debts---form of petition---appropriation of assets---double proofs---election of proofs, etc. |
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Whether the partnership may prove against a partner |
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Different firms consisting of the same members |
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Choice of assignees, by whose vote |
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Forms of Proceeding in Bankruptcy and Insolvency |
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81 | (20) |
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The petition; signature, oath, etc. |
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Schedules of property and debts |
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Mutual bearing of proceedings in bankruptcy, etc. and actions at law---right of election |
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Property of the Bankrupt or Insolvent---Messenger---Assignment |
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101 | (81) |
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Messenger and provisional assignee |
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What property passes to the assignee |
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Subject to equities; incomplete contracts, etc. |
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Possibilities---inheritance---devise |
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Miscellaneous property---policies of insurance, patents, offices, etc. |
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Liens and incumbrances---equitable liens |
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Sale, etc. for lieus---statutory provisions |
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Bills, etc. held as security |
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Lien by legal proceedings; attachment, judgment, etc. |
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Rights of assignee in case of fraud |
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Property in the order and disposition of the bankrupt |
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Claims for torts or wrongs |
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Rights of the bankrupt or insolvent in his property; allowance, etc. |
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Time in connection with the assignment, the title of the assignee, etc. |
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Sale of property by assignees |
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General responsibility of assignees |
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Conflicting assignments---voluntary and official assignees |
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Assignment by special order of court |
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Debts in Bankruptcy, Etc.---Petitioning Creditor |
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182 | (12) |
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Debts---importance of the subject |
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Case of a former commission |
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Parties---husband and wife |
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Holder of bill of exchange |
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Amount of debt---interest, etc. |
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Claim secured by mortgage |
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Judgment, verdict, award, costs, execution |
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Payment of the petitioner's debt |
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Liability of petitioner for costs |
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When a creditor is estopped from petitioning |
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194 | (33) |
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Rights of proving creditors |
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Connection between proof and discharge |
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Whether a special contract is provable---claim requiring a jury |
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Time of the debt---future debts |
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Creditor holding security |
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Withdrawing and expunging of claims |
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227 | (95) |
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Nature, history, and various kinds of discharge |
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Application of statutes providing for a discharge to pending cases. Discharges under National and State laws |
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Discharge in case of previous bankruptcy, etc.; assent of creditors |
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Whether judicial or ministerial; matter of right or discretion; form of proceeding |
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Necessity of a certificate |
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Conclusiveness of the certificate; question of jurisdiction; notice; whether the record is to be offered in evidence |
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How pleaded; form of plea and replication; notice of objections to the discharge |
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Fraud, as an answer to a plea of discharge |
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Duty of creditors objecting to a discharge; whether estopped by previous proceedings |
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Specification of acts of fraud |
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Concealment of property; insufficiency of schedule |
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Concealment or misrepresentation as to debts |
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General character of the bankrupt |
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Subsequent promise to pay |
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Effect of a discharge upon a judgment |
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Continuances of suit in case of bankruptcy, etc. Plea puis darrein continuance |
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Release from arrest and imprisonment; stay or supersedeas of execution, etc. |
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What debts are discharged---provable debts |
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Foreign debts; effect of a discharge under a State law upon citizens of other States, etc. |
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Unliquidated and contingent claims |
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Bail, and miscellaneous suretyship |
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Claim of surety against the principal |
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Effect of statutes, in reference to the time of enactment and repeal |
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322 | (40) |
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General right of preferring |
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Statutory provisions against it |
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Amount of property conveyed; the whole or a part |
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Whether the conveyance must be in contemplation of bankruptcy etc.; meaning of the term |
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Pre-existing indebtedness; agreement for future security; sale in the regular course of business |
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Whether the conveyance must be voluntary; effect of pressure or compulsion |
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Questions of time in regard to preference |
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Voluntary assignment for the benefit of creditors |
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A preference is in general only voidable by proceedings in bankruptcy, etc. |
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Evidence---presumption---burden of proof |
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Preference by legal process |
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Preference by promise to pay a debt |
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362 | (20) |
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Interest---limited jurisdiction---in rem |
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United States Courts; Local Insolvency Courts; State Courts---respective and relative jurisdiction |
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Suits Relating to Bankruptcy, Etc. |
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382 | (24) |
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Suit by and against assignees |
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Evidence in suit by assignee |
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406 | (9) |
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General grounds for, and mode of superseding |
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| Appendix. Statutes of Bankruptcy and Insolvency |
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415 | |
| Index |
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Other versions by this Author
![Treatise on the Law of Bankruptcy and Insolvency [1867],9781584773498](http://simages.ecampus.com/images/d/3/498/9781584773498.jpg "Treatise on the Law of Bankruptcy and Insolvency [1867],9781584773498")
