American Bankruptcy Reports: Reporting the Decisions and Opinions in the United States, of the Federal Courts, State Courts, and Referees in Bankruptcy, Volume 3M. Bender, 1924 - Bankruptcy |
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action adjudication affirmed agreement alleged allowed amount answer appeal application appointed assets assignment authority B. R. Digest bank bankrupt Bankruptcy Act bill bond Brewer cause Circuit claim claimant Collier Company consent consideration contract corporation creditors debts December decree deed defendant denied directed discharge District Court effect entered entitled equity error evidence executed facts filed finding follows four fraud fraudulent funds further given granted held individual insolvent intent interest issued Judge judgment July jurisdiction land lien matter months mortgage motion notes notice obtained opinion paid parties partnership payment person petition petitioner plaintiff possession preference present prior proceedings proceeds proof purchase question reason receiver record referee Ricks rule sold statement statute suit taken tion transaction transfer trial trustee in bankruptcy United
Popular passages
Page 70 - ... and such trustees, as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon...
Page 60 - Every executor, administrator, or assignee, or other person, who pays any debt due by the person or estate from whom or for which he acts, before he satisfies and pays the debts due to the United States from such person or estate, shall become answerable in his own person and estate for the debts so due to the United States, or for so much thereof as may remain due and unpaid.
Page 638 - ... has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, 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. Where the preference consists in a transfer,...
Page 806 - 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 60 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Page 60 - ... debts due to the United States shall be first satisfied; and the priority established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 541 - ... transfer then operate as a preference, and the person receiving it or to be benefited thereby, or his agent acting therein shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person.
Page 60 - If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount shall be a lien in favor of the United States from the time when the assessment list was received by the collector, except when otherwise provided, until paid, with the interest, penalties, and costs that may accrue in addition thereto upon all property and rights to property belonging to such person...
Page 254 - State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another, or for alimony due or to become due, or for maintenance or support of wife or child, or for seduction of an unmarried female, or for breach of promise of marriage accompanied by seduction, or for criminal conversation...
Page 114 - The general rule is that to constitute actionable fraud it must appear: (1) That defendant made a material representation ; (2) that it was false ; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion ; (4) that he made it with the intention that it should be acted upon by plaintiff; (5) that plaintiff acted in reliance upon it; and (6) that he thereby suffered injury.