Treatise on the Law of Bankruptcy and Insolvency [1867]

by
Format: Hardcover
Pub. Date: 2003-10-01
Publisher(s): Lawbook Exchange Ltd
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Table of Contents

Table of Cases Cited
xv
Nature of Bankruptcy, Etc.
1(17)
Meaning of the terms bankrupt and insolvent; analogy and distinction between them
General purposes of bankrupt and insolvent laws
Necessity and inefficiency of such laws
When proceedings may be annulled
English and American bankrupt acts
Nature of a commission
Constitutional questions in the United States
Acts of Bankruptcy and Insolvency
18(22)
General rule. Bankruptcy consists in acts
What are acts of bankruptcy
Effect of an act of bankruptcy upon subsequent dealings---relation
Notice
Whether bankruptcy is a crime
The act constitutes bankruptcy
Act of an agent
A bankrupt cannot set up a prior act
The act cannot be purged
Concerted act
Joint commission
Intent to defraud
Time of the act
Place
Absenting or keeping house
Denial
Departing
Concealment of goods
Imprisonment
Failure to dissolve attachment
Who may be Bankrupts or Insolvents
40(16)
General remarks
Trading, whether necessary; question of trading; how determined; estoppel
Miscellaneous occupations
Whether selling the produce of labor is sufficient. Mechanics, artificers, etc.
Innkeepers
Ship-owners
Drawing, etc. of bills
Banking, etc.
Selling the produce of land
Single acts of trading
Allegation of the mode of trading
Unlawful trading
Trading in one's own right---executors, etc.
Time of trading
Infants
Married women. Provision for them in case of the bankruptcy of their husbands
Place of trading; foreigners; aliens
Form of objecting that the party is not subject to bankruptcy
Bankruptcy and Insolvency in Case of Partnership
56(25)
General remarks
Bankruptcy or insolvency of a partnership---form of proceeding
Bankruptcy, etc. of one partner
Bankruptcy dissolves a partnership. Effect on the right of the partners to dispose of property, etc.
Mutual and relative rights of the assignee and the solvent partner
Residence---jurisdiction
Joint and separate property. Change of title before bankruptcy-transfer by one partner to the other
Joint and several commissions---joint and several debts---form of petition---appropriation of assets---double proofs---election of proofs, etc.
Whether the partnership may prove against a partner
Different firms consisting of the same members
Choice of assignees, by whose vote
Allowance
Set-off
Costs
Discharge
Forms of Proceeding in Bankruptcy and Insolvency
81(20)
Regulated by statute
The petition; signature, oath, etc.
Notice to the debtor
Proof of the petition
Misnomer, etc.
Amendment
Schedules of property and debts
Warrant
Clerk
Meetings
Decree or judgment
Trial by jury
Evidence
Mutual bearing of proceedings in bankruptcy, etc. and actions at law---right of election
Parties
Property of the Bankrupt or Insolvent---Messenger---Assignment
101(81)
Messenger and provisional assignee
Assignee
Who may be
Election
Removal
What property passes to the assignee
Subject to equities; incomplete contracts, etc.
Trusts
Possibilities---inheritance---devise
Miscellaneous property---policies of insurance, patents, offices, etc.
Liens and incumbrances---equitable liens
Sale, etc. for lieus---statutory provisions
Bills, etc. held as security
Lien, on whose property
Lien by legal proceedings; attachment, judgment, etc.
Lien by judgment
Lien by execution
Rights of assignee in case of fraud
Property in the order and disposition of the bankrupt
Leases
Choses in action
Claims for torts or wrongs
Foreign property
Rights of the bankrupt or insolvent in his property; allowance, etc.
Time in connection with the assignment, the title of the assignee, etc.
Sale of property by assignees
General responsibility of assignees
Conflicting assignments---voluntary and official assignees
Joint assignees
Successive assignees
Assignees and receivers
Assignment by special order of court
Debts in Bankruptcy, Etc.---Petitioning Creditor
182(12)
Debts---importance of the subject
Petitioning creditor
Question of time
Form of proof---strict
Duties of the creditor
Case of a former commission
Bond of creditor
Parties---husband and wife
Infant
Partners
Foreign creditor
Bankrupt and assignee
Holder of bill of exchange
Executors
Mortgagees, etc.
Agent
Sole creditor
Amount of debt---interest, etc.
Limitation
Claim must be complete
Consideration
Equitable claim
Liquidated
Claim secured by mortgage
Judgment, verdict, award, costs, execution
Payment of the petitioner's debt
Liability of petitioner for costs
When a creditor is estopped from petitioning
Proof of Claims
194(33)
Rights of proving creditors
Connection between proof and discharge
Whether a special contract is provable---claim requiring a jury
Time of the debt---future debts
Consideration
Illegality
Who must prove
Mode of proof
Creditor holding security
Amount of debt
Interest
Contingent claims
Surety
Equitable claim
Bonds
Notes, etc.
Judgment, verdict, etc.
Torts
Dividends
Preferred claims
Set-off
Withdrawing and expunging of claims
Appeal
Discharge
227(95)
Nature, history, and various kinds of discharge
Application of statutes providing for a discharge to pending cases. Discharges under National and State laws
Discharge in case of previous bankruptcy, etc.; assent of creditors
Whether judicial or ministerial; matter of right or discretion; form of proceeding
Necessity of a certificate
Conclusiveness of the certificate; question of jurisdiction; notice; whether the record is to be offered in evidence
How pleaded; form of plea and replication; notice of objections to the discharge
Fraud, as an answer to a plea of discharge
Duty of creditors objecting to a discharge; whether estopped by previous proceedings
Specification of acts of fraud
Concealment of property; insufficiency of schedule
Concealment or misrepresentation as to debts
Estoppel of creditor
General character of the bankrupt
Subsequent promise to pay
Effect of a discharge upon a judgment
Costs
Continuances of suit in case of bankruptcy, etc. Plea puis darrein continuance
Release from arrest and imprisonment; stay or supersedeas of execution, etc.
What debts are discharged---provable debts
Foreign debts; effect of a discharge under a State law upon citizens of other States, etc.
Debts due the State
Fiduciary debts
Necessaries
Torts
Unliquidated and contingent claims
Rent
Surety
Bail, and miscellaneous suretyship
Claim of surety against the principal
Assent of creditors
Effect of statutes, in reference to the time of enactment and repeal
Limitation
Preference
322(40)
General right of preferring
Statutory provisions against it
Construction of statutes
Amount of property conveyed; the whole or a part
Whether the conveyance must be in contemplation of bankruptcy etc.; meaning of the term
Pre-existing indebtedness; agreement for future security; sale in the regular course of business
Whether the conveyance must be voluntary; effect of pressure or compulsion
Questions of time in regard to preference
Voluntary assignment for the benefit of creditors
A preference is in general only voidable by proceedings in bankruptcy, etc.
Evidence---presumption---burden of proof
Preference by legal process
Notice
Preference by promise to pay a debt
By payment
Jurisdiction
362(20)
General---presumed, etc.
Interest---limited jurisdiction---in rem
Change of jurisdiction
Equity
United States Courts; Local Insolvency Courts; State Courts---respective and relative jurisdiction
Commissioners
Appeal, etc.
Suits Relating to Bankruptcy, Etc.
382(24)
General remarks
Concurrent proceedings
Suit by and against assignees
Limitation
Form of declaration
Bond of assignee
Costs
Evidence in suit by assignee
Suit by bankrupt
Pleading
Proceedings in equity
Set-off
Costs
Evidence
Supersedeas
406(9)
General grounds for, and mode of superseding
Effect
By whom
For what
On whose application
Miscellaneous points
Appendix. Statutes of Bankruptcy and Insolvency 415
Index

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