Page:United States Statutes at Large Volume 44 Part 1.djvu/1931

 1917 TITLE 11.-·——BA · under mid swdiyieioa one the burden ot proving solvency shall be on the alleged mkrupt. · ` (#1) Whenever n person against whom a petition has Men · died as hcrdnbdom provided unda the second and third subdivisions o! this sectiim tsku iuue with and miss the nllegg. ma ot his i¤¤¤1veney,_it  be his duwto appear in court on me hearing, with his boon, papers, and accounts, and subput to an examinhtiou, im give testimony as to all mattus tending to wtnblieh eolvmcy or insolvency, and in  ot his tn1Lure__to so nttwd and  to examination the burden of proving his' soivwcyshall rest upon him. - _ · r _ " ° ge) Whwever s petition is Med by any person for the pur-, wee or having anethw adjudged a bankruiat,. and an nppucw fion is made. to take charge of and hold the property of the auegved bankrupt, ok any wrt ot the same, dP1Tior to- the dd;Iudi·· cation and  ¢ heating onthepetition, the petitionep 0; t appiicnnt shall die in the name court mbend with at least two. good and; éumzient mr$m who shall `reside Within the juzis· (notion ot slid   be nmroved by the court on A jndge memo:. an such sm as me court shall ditéct, conditioned rmthe payment, in use such petition ig dtsmissed, to the respond-; e ent,’his or her pdsoml representntives,_a1l costs,   and damages occnsimed by saw seimro, taking, and detention of · tnepqoperty0tthe¤,1Lwedba¤krnpL··, ·      _, It-such petition he   by the court or withdrawn, by the petitioner, the ¤de¤t Qt rmondents shall be allowed aucosts, counsel tees,_` ses,_ and dunagesfoccnsioned by such seizure, tnking, or detention of such   Counsel` fees, com cxpenm, and damngu shall be hxed and nllowed by thecougtwandpaid by the obligors in such bond. (July 1, t 1@8, c. m | 3, 80 Stat. 546; Feb. 5, 1903, 1:..487, § 2, 32 Statl 797,; my 27, 1926, c.-406, g 3, 44 Stat. 662.) ’ -, _ semi aid use ,11 .¤¤4•¢.·-—s&u¤¤ 2, or Act or amy 1, 1898,, c._ 541, 80 Stat. 648, and Acts amendatory t.hereot-and supplemmury thereto, constituting { 21 of Title i1 of the Code, has been amended by Act, or May 27,1926, tz, 406, { 3, 44 Stat, 662, to read as above. Tho, amendment rei¤tes`to_ par. (n)·. · 5. Sage; latina.-1*he bankrupt shall `(1) attend the mst meeting ofhis creditors, it dinected by the court 01* a judge thereof to do w, and` the @1*ing ugon his application for a discharge, it med; (2) comply with all lawful orders of the. court: (3) examine the correctness ot au proofs ot clatxns med amiust his estate; (4) execute and deliver such ‘ papers `a shall be ordered-by the court; (5) exzecute to.his`tmstee tram!e1€s_ ot all his property inioreigm  (Q) .im~, medintely imord his trustee ota any attempt, by his creditors or other p¤·s@ to evade the provisions ot this title; to his 'umrtoqe; (7); In case of iiny person having ,to` his knowledge pioxed • false dninf agihst his estate, diqclose that .fact immediately to his truxee; (8) prepare, make oath, to, and me in court within  dqys nite: adjudication, it nn invblun-" tary mnkifiivt, and within ten days utter   ming ot s. petition, it n voluntary bnnki'¤Pt.· (unless in. eithen cue "fuxthertime is ‘ granted), n schednleotkhis   showing the nuiount and kind ot pmnem, the location thereot,.its-money value in detail,. and tlistot- his c¤editon,showing.mir residence, it hmwn`; it  that tact to be   the amounts due wchfot them,  msiderntton   the security held by them, it any, and n claim for   exemptions, iss he may he ‘.entitle.d ltd, , all in triplicqte, and copy of ehch for the cierlg, one for the referee, and one for the trustee; and _(9) when present at the mst mgting ot his creditors, and at such other timm as the court. shait drdexgl submit, to an exnmingtion ¢(1D{$9HliIlg·° the conducting ot his bixéineas, the mum of his bankruptcy, his dealing with; his creditors  ¢thB1'·_§Ql'S0l'li,· the nxnount, kind, we `wnemmm of me   mm, an acumen, an matters whi& may iitect the ndmi tion· and settlement ot

NKRUPTC1? §32 his xtate; but no testimony given by him shall be oKered in evidence psaiugt him in any criminal `proceedlng. t He shall not borequimd to attend a dating of his creditors, or at or for an examination at n place more than om hundred and fifty miles diqtant from his homo or, prlndpal mace of business, or to examine claims except when presented to him, unless ordcred..lgy tho cozirt, or a judge thereof, for caiuse shown. and the bankrupt shall be paid his actual oxpeaégé from the estate when, examined or. required to attend at any placee other than the ci‘ty, toyvn, or village of his residcme. (July. 1., 1898, c. 541, { 7, 30·Stat. 548;*May 27,1926, c. 406, 5 4. 44 $¢%¢· 663-) [, 6. - - 8•c§h__25 •{ Title ll aiesdd.-—-Section 7 of Acro! Jul! 1, 1893, _ ci 541, 30 But. 548, copmtutlng §~ 25 or Title 11 or tm Coée. has `béén amended by Act of May 27, 1928. c. 406, { 4, 44 Stat. 663, to ,_ readgas above. · The amendment relatw to salad. (8). ‘ 30. Compositions; what con§rmcd.—— (s.) A boukmpt may * offet, _8iu1G1" beioré or. after adjudication; terms ot composition to  creditors, after, but not before, he has been oxémimd ia ¥pexl efohrt, or at a meetlpg of his creditors, and ms med 'in court the schedule-of his property and the list of his crcditorsi req¤i1*c<l`_ to be flied by banhiupts, In compositions bétore adjudimtion the bankrupt shall ile tw required schedulu,  theréinpon the court shall call .a mtcing ot creclitom tw tm all0Win?—c?6f clgims, examination ot the   md vraser-, vation or conduct of the estate, at which meeting the judge or referee shall preside; but action upon t1i©?peumm·to: adjuét _ mtion shall not be- glelued, `except that the   to! gm cause shown, may in its discretion delay   action   such terms gud, conditions for   protection of and indeagity . against lm by the bankrupt Qtatqas may be PNDE.  (b)' An application for the conérmtlou of a oomposiéog @1* be tiled `i¤-.the_court' of bankrugitcy éfter, but not before, it has beexréccepted in writing by a` mqjoriu in xmmbrgr of all ascii} tors whose claims have been allow$, which ¤tx§bcr mm represent a majority in amount of such clnihs, ood the cormdoratiou, to be paid. by the mnkrupt to his credito:§,Y and the mom! neoespry to pay all debts which have! piioriiy am me cost ot l tho proceedings, have won deposited in such place as shall be ( designated by dud subject 1:6 the order ot tm jsdgej _ (c) `A date and place, 'witlr reteréuce to the convenience ot V the parties in.-i¤ter$t, shall bc; Qxed for the heating upon cock application lot the oozmrmation of A éomposltlou. wd such Gbjeétions &S_ may be madé~to 1ts·conHrmatio¤.` ~ l · (d) [The jngndgoslnall conhruf a composition if satisucd that (1) it is for the best interests ot tho creditors ,; (2) thy muhrupt  not been guilty of may of the acts or failed to periormkuy not the duties which would be `a bar to his glisclmrgei · m1d.(3) the offer audits accqptancoare in good (sith and have not »b¢en made or procured excépt as honda- provided, or by any moans,  or ”acts‘.hei·e§z·§`.!orbi6m. ,  _ _ _, ` '(ta) Upon the co1;¤tmtio1i_‘ot.a compmtiou, tho wnsideration shall be gdigtributéd gs the judge shall diretct, im the cose dis- ·"  Wmnevcr a composition is not conmmeg, the estato - lshall- be adniinistérged in mukmptcy as' herein ·proyided.' (July 1, 1898,}. M1;} 12, 30 Smt.__54Q; Jima 25,·191Q,·¢. 412, § 5, 36 Stat. @9; Mny'27, 19%.1:. 406,} 5, 44 §t6t.~%.‘?·.)~ M · Eoctionll o£`1‘ltlo 11   12 of Act of Julyfl, 1898, ·_ k:. 551, 30 Stat. 549, and Act! améndatory thereof Amd supplemexitary thereto, ccnstlmting j 30 ot Tltlg 11 ot tho _Code, has; ~ .beexi {mended by Act pt May 27, 1926,_·c.   S 5, 44 sm:. 663. to rut? as above. The amenqmont relatgs to   (al'. . _ ·  32. ·Dischnrges; ihen grautgd.-—(a.) Any person may, utter the explnfution of one month :md,_witl1lu twelve mo1aths,.subse· · aunt to being adjudgw a. mnkrupqt. tile, an application for a discharge   the court of baukmptoy in whicliv the proceedings 6 oro pemliug, it it-shall be made to appear to the jgnclge thatlho baukmpfwus unavoidably~preve;1ted from Bling it within such