Page:United States Statutes at Large Volume 44 Part 1.djvu/1935

 1921 .- T1TLE 11.——·B. amaze a·mare¤·`¢¤ lofi &¤!0fhism*¤¤¢1'¢y; ¤¤dtb¤e¤cct or 5he ¤t8llch3 ¤¤a@erwiHMtoenahle qnywgothta C1'@it0l'8_t0t(l¤llB a  ot his -dc9¢&ig\B]0$d'¤f_8£¢1'9dit0$_8¤!t®’&E%Cl8:S._ Where the prefwuca c¤  ina maxim, suchpuiod of/`four months mall not eqnlroundl fmt- month; after the date otrecordins or rwnterlut of the t!¤®•r,` lf bylaw such recording or regi¤erl@ls_¤¤uirodorpu·mltted.o· 5 . - 1 tb) If a  shall have procured or `suitered a Judsment.to_b¤ entered   him lh fuyor of any person or have madeatrawm•ofa¤y`of hh ty, audit, at the time of the‘tramer,orotthemtry otme1 t, or of the record# ing or. rl¤¢ ed the trander if by lawrecording or_1’¢8i¤·t teringdwereé ta nwred, and being  four months befoi*e‘ 1hemiuiotthep&ou-lnban or_afterthe ming and betore the aosomesaoo, the bankrupt be insolvent and the judgment or mma   te:as a preference, and the @on,reeelyluilt or to be  thueby, or his agent acting t =~ ~ = ahalltheu have  » · eauae,.to believe that the enforcement of nach  or uansfer would elfect a_ preference, lt hu be `voldable. by the trusteeand home-y ·recover.the @¤ty or its value fromyauch  And for the purpose of and  any   of bankruptcy, as- here inbefohe  any- State court which would have had jnrisdlo& lf] ba$*wt¢1 Nd not intervened, shall have con-· currentjm·ls&cma. _ _ ° e ‘ ‘ (c) If a has  prderred, and afterwards in good faith gves the dwtor further credit without security of- any kind for properw thich becomes a part of —th• debtoxfs estates, me amount of sum new credit remaining unpaid at the time uf the adjudication ln ba¤krul>t¢y m8y be set olfagainst the amount which wotad otherwise be recoverable from him. " (d) Ifa debtorywall, directly or indirectly, ln contemplation of the nllng of a petition by or against him, pay money or ara asfer property to an attorney and counselor at law, solidtor in equity, or ’proctor ln admlralty for services to be rendered, the 'tranaction shall be’reexamlned_ by. the court on_-.petition' of the umtee or any creditor and shall; only be held valid crtearot a reasoumle amount to be determined by the court, and the exc& may be recovered by the trustee for the benedt uf the estate. (July 1, 1%, c. 541, { 66, .30 Stat. 562; Feb. 5,* moo, e 487, 5 ,13,- sz satjvoo; Jane 26, 1910, e. 412 5 11, ac that. 842; May 27. 19%,1:. 406, § 14, 44 Stat. 666.) Y  sr at rue ll enema.-Section 60 ot Act or July 1, 1898, c. "5§1,»W Stltt 562, and Acts amudatory thereof and supple- . meotary threto, constituting l 96 o:_.1*ltle 11 er me Code, has .beu_ aaumed by act or any 21, 19%, c. 406, 5 14, 44 stat. 666, to read as above. The amendment relates to paragraph ta). éapm 'l.--»ES'I‘A'1`ESL 1 _, sa:. · . — Y _ 2 164. Dehti which have priority. ` 1.10. same; uae. j · _, _ 164. Déta wild have priority.-5—(a) The court shall order the trustee to. pay all taxulegally due and owing by y the bankrupt to the United Btatm, State, county, district, or muuiclpalitl.; in the order of ‘prlorlty_fus  forth in paragraph (b) hereof: Prooldw, 'lhat he order shall be made forpithe ’ paywt of a tax,a d againm real estate of a bankrupt ja execs of the value of the lntemm of the bankrupt estate therein as ®te1¤ined by the court. Upon dling the receipts of & p  pwllc @eer·a for such, payments the trustee shall be   the amounts mmf, and in case any quwtlw, aries as to the amount or l%utY`” of any such tax the sameahal1,be‘h&.and determined by the court. · · (b) The debts to have priority, ln advance- of the payment of dividends to creditors, and to be paid in full out of ba:¤k— rupt estates, and the orda of payment shall be » 86270•—+··26—--11*1 » I

ANKRUPTGY _ §110 (1) '1`heactual and necessary cost of preserving the estate subsequent to filing the petition ;· a » · ` (2) '1‘he.¤llng,fem paid by- creditors in involuntary mses,‘ and, where property ct the bankrupt, transferred for concealed by him either before or after the Ming ot the petition, shall have been recovered for the benent of me mtate ot. the- bank- ._1‘¤pt by the e¤orts and at the expense of one or more creditors, the reasonable expense of such rccoiery; -. _ `, (3) The cost of administration, including the few and milmge payable to witnesses as now or hereafter provided by the laws of- the United States,. and one reasonable attorney’s tee, for, the Professional services actually rendered, irr five of the ‘ _ number of attorneys employed, to the petitioning aiewtors in ’ g involuntary cases while performing the duties herein praerihcd, and  the. bankrupt in voluntary and- inyoiuntary cases, as the · conrttmay allow; · {~ ” ¤ Y · · '(4) Where the condrmatiort of composition  has been refused or set-aside upon the objection and throtmh the eierts and at the expense ot one or more creditors, in the discretion ot the court, they rmsonable expensm of snch  in opposing such composition; I. y ’ V- - V (_5)_ Wages due to workmen, _;lerks, traveling or city sales-‘ ‘men,· or tservantx, which have beeneamed within  months before the date of the commencement of the  not to  $600 to each claimant; l, ' J a (6)_ Taxes payable under paragraph (a) mm! and . (7 )-· Debts owing to any person who by the law; of the Statw or the United States is entitled- to priority; _ Provided, That the térm " person " as used in this section f_ shall. include. corporations, the United States, and the several he States and Territories ot the United States. Q _ ~ (c) In the event of the co¤£rmation_ oi a com@ition being set aside, or a discharge revoked, the property acquired hy the bankrupt in/canteen to his estate at the time the composition was connrmed or the adjudication was made shall b·e_ap~ plied to. the payment ih' full of the claims of creditors for property sold to him, on credit; ingood faith, while such com-. position or discharge was- in force, and the residue, if any, shall be applied to the myment of the debts which were owing at! the time of adjudication. (July 1, 1898, c. 541, §_ 64, 30 Stat. 563; Feb. 5, 1903,?c.‘487, 5 .14, 32 Stat. 800; June 15; 1906, c. 3333, 34 Stat.-267 ; May: 27, 1926, c,_~106, 5 15, 44 Stat. ¥ seeuea 164 bt ride 11`•¤•¤ded.-2-Section 64 ct Act or Jury _1, · V 1898, c. 531,. 30 Stat. 563, and Acts amendatorygtthereof and sapplcmentary thereto, constituting _§ 104 of Title 11 of the Code, g has been amended by Act ot May 27, 1926, c.·406, §` 15, 44 Stat, 666, to read as ahove. The amendment relates to snbtiivisiens ' (a). and (b). ·f' -.  " · 110. Same; title.-—(a)e Thetrustee of the estate of a bank- _ ·rupt,_\Ipon his appointment andqualitlcation, and his successor or successors, if he shall hate one or more, nponhis or their appointtnentand quali!lcation,‘shall in turn be vested by operation, ot lawwith, the title of thebankrupt, as of the date~he I was adjudged a bankrupt, eicept me so far as it is to property which is exempt, to all (1) documents relating to his property: (2) interests at patents. patent rights, copyrights, and trademarks, and in applications for patents, copyrights, and trade- s marks: Provided, That in case the trjsstee, within thirty days after appointment, does not notify the applicant Iowa patent, copyright, or trademark of his clectionto prosecute the appli-, cation in allowance or rejection, the bankrupt may-apply to` the court for an order revesting him with the title tlneteto, which petition shall he granted, unless, for cause shown by the trustee, the_'c.ourt grants further time to`tl1e_trus'tc·e for making such selection; and such-applicant may, in any QVCIII. ` at any time petition the court to be revzested with such title in case the trustee Shall fail to prosecute such application with al