The Law and Practice in Bankruptcy: Comprising the Bankruptcy Act, 1883, the Debtors Acts, 1869, 1878, and the Bills of Sale Acts, 1878 & 1882Stevens & Sons, 1884 - 735 páginas |
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Página xlviii
... preferences in certain cases 221-224 224-231 231-239 ..239-244 49. Protection of bonâ fide transactions without notice Realisation of Property . 50. Possession of property by trustee 51. Seizure of property of bankrupt 52. Sequestration ...
... preferences in certain cases 221-224 224-231 231-239 ..239-244 49. Protection of bonâ fide transactions without notice Realisation of Property . 50. Possession of property by trustee 51. Seizure of property of bankrupt 52. Sequestration ...
Página 9
... preferences became available as acts of bankruptcy . Under the Act of 1869 it was doubted whether a transaction which amounted to a fraudulent preference was per se an act of bankruptcy within section 6 , sub - section ( 2. ) There was ...
... preferences became available as acts of bankruptcy . Under the Act of 1869 it was doubted whether a transaction which amounted to a fraudulent preference was per se an act of bankruptcy within section 6 , sub - section ( 2. ) There was ...
Página 10
... preferences of particular creditors , in contravention of the principles under which assets are distributed by the bankruptcy law . Assignments of the whole of a debtor's property , when made for the benefit of creditors generally , are ...
... preferences of particular creditors , in contravention of the principles under which assets are distributed by the bankruptcy law . Assignments of the whole of a debtor's property , when made for the benefit of creditors generally , are ...
Página 11
... preference ) an act of bankruptcy . ( See also Keran v . Mawson , 24 L. T. 396 ; Ex p . Fisher , re Ash , Ì . R. 7 Ch . 636. ) Where the advance is future however , in order that the execution of a bill of sale of substantially the ...
... preference ) an act of bankruptcy . ( See also Keran v . Mawson , 24 L. T. 396 ; Ex p . Fisher , re Ash , Ì . R. 7 Ch . 636. ) Where the advance is future however , in order that the execution of a bill of sale of substantially the ...
Página 12
... preference which at once arises ; but , on the other hand , when the security does not include any pre - existing debt , many circumstances , such as exorbitant interest , which would otherwise throw suspicion upon the transaction ...
... preference which at once arises ; but , on the other hand , when the security does not include any pre - existing debt , many circumstances , such as exorbitant interest , which would otherwise throw suspicion upon the transaction ...
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Términos y frases comunes
9 Ch act of bankruptcy action adjudication affidavit after-acquired property amount annul appeal application appointed assignment bankrupt Bankruptcy Act bankruptcy notice bankruptcy petition bill of sale Board of Trade chattels claim commencement committed composition or scheme contract costs County Court Court of Bankruptcy Court of Chancery Court of Equity debt due Debtors Act default disclaimer dividend entitled equity execution filed fraudulent preference held High Court insolvent joint estate judge judgment jurisdiction L. J. Bank L. J. Ch liability Lord Lord Chancellor ment mortgage mutual credit official receiver order of discharge paid partner party payment person petitioning creditor possession present Act proceedings proof provable prove provisions receiving order Registrar reputed ownership respect Rule rupt ruptcy secured creditor separate estate set-off settlor sheriff solicitor statute Sub-s sub-section thereof tion true owner trustee in bankruptcy ubi sup unless vested Vict
Pasajes populares
Página 227 - ... at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, and that the interest of the settlor in such property had passed to the trustee of such settlement on the execution thereof.
Página 29 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Página 179 - includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in England or elsewhere ; also, obligations, easements, and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined : " Resolution
Página 640 - ... nor shares or interests in the stock, funds, or securities of any government, or in the capital or property of incorporated or joint stock companies, nor choses in action, nor any stock or produce upon any farm or lands which by virtue of any covenant or agreement or of the custom of the country ought not to be removed from any farm where the same are at the time of making or giving of such bill of sale...
Página 194 - That if any bankrupt at the time he becomes bankrupt shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition any goods or chattels whereof he was reputed owner...
Página 162 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof; provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be deemed goods within the meaning of this section.
Página 42 - On the making of a receiving order an official receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Act, no creditor to whom the debtor is indebted, in respect of any debt provable in bankruptcy, shall have any remedy against the property or person of the debtor, in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the court, and on euch terms as the court may impose" "(2.) But...
Página 331 - Orders made in pursuance of this Section shall be laid before Parliament within Three Weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within Three Weeks after the Beginning of the then next Session of Parliament.
Página 644 - In case two or more bills of sale are given, comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels. A transfer or assignment of a registered bill of sale need not be registered.