Page:United States Statutes at Large Volume 44 Part 1.djvu/1932

 §44 TITLE 11.--124 timc, itmay be Bled within but not after tho expiration of the néntsixmomhs. _ - ·. ·" T " o (h) The Judge Shall hes.; the application for n discharge and snch pmofs sud pleas •s_ mn! be mode in opposition -· themto· by the trnstee or other parties in interm, tat such time up will give the  of mrties; in interat {reasonable opportunity to be fully heard; and inventigte the merits ot the application and discharge the`app1icant,.nn1ess hangs _ _; ‘ _. ` .(1) Committed in offense punishable by imprisonment ns §creinprovided§or` '— _ `·  t '· ~ (2)_ Dostroyed; mutBHted, falsified, concealed, or failed `to keep books ot -nc¢ount,, of records, tron: which his Hnancial condition and business tmnmctions inight be nscertninegl; nn? less the ‘conrt“ doom such failure ot nots ·to have_ been justfdcd, under nil the of the_casc“;-or ·‘ I   ¤. (3) Obmined money o1·_ property on credit, o1·· obtained an extension or renewal ot credit; by making or publishing; `or canéng to be made n or- published, in any manner w;hntso¢ve1·,‘ V a materially false stdtcment infwriting respecting "hin oiiiumcial condition ;· or / ’_ _, ‘ Y ` (4) At amy time mbseqncnt to' the flrst. qny of the twelve months immodlatoiy preceding the ming of the petition, trans-` {erred, removed, desttoyed, "orn conoeaiqd or permitted to __be J removed, destroyed, or conégnledgany of his property, with intent to hinder, délny, or defraud his creditors 1;-· or. n. a _(§)  ban granted nf discharge inbankruptcy within six (6) In the course of proceedings in ba.nkruptcy,‘ refused to obey any liwfnl orderof or to angyver any material question? appmnedjby the court; ox: o » ; 5. _, {(7) Has failed to explain satisfactorily any losses of assets or denciency of assets to meethis liabilities ;‘ _ _ » · · ‘ Pmmdd, That it, npon°the’hearing of an objection to n discmrgwe, tho objector  '·sho€v‘£o the sntisfaction of the court t1ut.the;·¢ nré reasonable grounds jo: beligving t that 'the bzink-· mnt hancommittod any of the acm which, under thisparnkraph {11), would prevent his discharge in bankruptcy. then the burden or proving that he has not committed guy ot such acts shall he upon thehznkruptg · ~ ·` t ' And d;»further, That the trustee shall not interposc `objections ‘ to a"“ban}¢rupt’s discharge until he shall I be hu-. thorized so to do by, tho creditors at n-meeting Yo! creditors called for that purpose · on the app1icntion_ not mw creditor. (c) The connrmktion or a composition qual; dléchargo the bankrupt from hisidebtsfotheg   thosoo agreed to be paid by {the   ot the composition uno wm not dttoctet by n' discharge. (Jnly 1, 1898; c.— 541, §j14,_ 30 Stat. 550; Feb. 5, 19%, C, 487. _! 4. &‘ Stat. 797; June M, 1910. 4.*:.,412. U 6, 36 Stut.'%; May}?. 19%, c. 406, S 8,   Edt. 663.) A _ ‘  $3 •! Two 11   14 ot Ac; ot July ;,” 1898, · c; 541, 36 Stat. 550, and Actr ammdatory thereof md mpple_ mantnry thereto, constitntinx [32 at Title 11 of the Code, has been amended by Act or my 27, 1926,'c. 406, { 6, 44 But. 663, to rend no above. The amendment relates to pqmzrapba (s) and-. ' tb)., , i Chapter 4.-—-COURTS AND PROCEDURE THEREIN. Soc! B 44. Evidence. a ‘ . 46. Jurisdiction; United States and State courts 47. Same; appellate jurisdiction. · ° “ _4S. Appeats and writ: otherror. 52. 0¤onsm,, ‘ I , l · . 44: Evidence.:-·(,a) A- court ot bankruptcy may, upon application ot any! cmu, . bankrupt, or croditotgt by order require guy désipated person, including tho bsnkruptispii. his wife, to nppwr in court or before a` réteron or the judge of any Stntooonrt, to be examined concerning the acts, co¤duct,;o1· property of 1 bankrupt whose www is in procms of aQj.ni¤istration under tho provisions of this title. The wife xhay be

ANKRUPTGY 1918 exaxinined only ·touch1ng bueiness transacted by her or to-which she is u, party, und to determine the tact whether she has transacted or been n. party to any business. 01 the bankrupt. (b) The right to tukedepcsttions in  under this 'title shell be determined and enjoyed according to the United States laws in force relating to the taking or depositions, except; as herein provided. M, · -. M. — “(c) Notice of the taking. of depcsjtibns shall be tiled with thee referee in every case, when depwitionsl are to be taken in opposition to the allowance ot an- claim notice shall also be setved upon "the clai1nan§· and When in 0@itio¤; to a discharge notice shall also be `krved upon the bunifupt. gd) Certified copies otfproceedings before n referee, or Or papers, when issued by the clerk or  shall be admitted Was evidence with like torce and ettect d` eertided-copies éf the records ot district courts ot. the‘United States are admitted as evidence. » -  , _` V ·‘ · ». L —· ” (e) A pertfiled wpy,01 the order epprovingihe bond of a trustee shall constitute conelnsivejevidenee 01 the vesting in hiurot the title to the   qi the bankmpt, md -11 re.- eorded shall impart the same notievthet n deed- ud the beak- ‘·rupt to" the trustee. it recorded would have imbsrted had — not bankruptcy proceedings intervened.  “ * , · - Lt) A eemnea copytot gn order émdrmiyg 0{settim Qsme a eoinpcdtien, or 8\’¤¤Ung or setting `uside e dkemrgé not revoked, ehall be or the jurisdiction of ae court, the regularity act the proceedings, and, of thefmct that the order wasmade}  · ·   J   ·’ - _ '_ (g) ‘A certfiled copy of anbrdcr connrming si composition shall constitute evidence- of the  of [`the title 'et hi.e . I¤‘0D¢1'|3Y· in’the. ban§rupt, and it rec6rded.sh•ll`i¤§art the same notice that srdeedktroq the trustee to the bankrmt it rworded wounqimpm, ‘ x    _ ._ Us    _— _ _ · Q1) A » communication by e creditor, `receiver, or trustee et one by ,0l.° against whom `a  petition is med, or who hes been adjudicated. • bankrupt,. to another `creditor, uttered in good faith and with reasonable grounds for belief in its tiuth. concerning thejconduct, iicts, or property of such bunkiupt, shari be privileged, and the creditor xjeceiva, or   so uttering the samesheli not be held liable therefor. (July 1, 1%, c. 541..5 21; 80-Stat., 551; Feb. 5,1b%, c. 487, § 7,,2 Stat. 796: May 27, 1926,-c. 408, { .7, A Stat. 604.) ‘   44 •f_'!‘lflq 11 ••e•4¤•.-4-seems 21 et Aer at jury 1, 1898, ,. e. 541, 80 Stat. 644, and Acts anendatoijy theme:   eupme ' menturyjtheieto, constituting {44 d Title 11   the glade, has ~ been mended. by Act et uq 27, 1926, e. soo, | 7, 44 8tlt._§64, to · read aq above, The amendment added • new paragraph (h) alter 1 46.,Jurisdiqti6n; United States ud Stnte c¤¤rts.··—(a) The United Smtes   vcourteushell have jurisdiction of all, coutmvexumut law and in equity, as distinguished from proceed- `1n@i¤—bauKruptcy, betvireenutnjustew as Buch and udveree claimants cimeerniné the property acquired br, claimed by the-tri1s· tees, in_ the sume manner and to me mme extent only as though bankruptcy   had not been instituted und such con-» trovereiee had hem between Jtbe hankrupts and meh adverse claimants. · ‘ * V ‘ (b)· Suits by the _C1’¤8t€€iSh&u bebrouzlpt or pmeuted.on1s' in the courts where the   whose mtehe is being adminoisteredby snob trustee,   ve broumt or prosecuted them tt proceedings in  not been instgitntetunlm by _ consent of the proposed defendant, exeept-suite icetne recovety at property under, section W, subdivision b; section 67, eulr psvmonpe; and section 70, suhdivwon e. e · _‘· _ 'seeua it qt Titk 11 .-—8ect1o¤· 23 or Act of July 1. 1898. .e. 641, 30’Btat. 562, and Acts gmmaatory mnereor and supplementary thereto, eonstitutiug 1 {8 or Title 11 ot the Code. MS, been nieended by Act ot Any 27, 1826, ¤‘400,. s 8, 44 stu:. 664. te read es sb0*ve.· ‘ '