Page:United States Statutes at Large Volume 44 Part 1.djvu/266

 § 80 " ;r·1rr1;1a. 11.-L-BAN . I5 · ; trustee in each case instituted before Bling the petition, except - the petition of a propéfsed · voluntary bankrupt which is nc·· m eompanied by an aiiidavit stating thatlthe petftioner is with- ix -0ut, and can not obtain, the money with which to paylsuch tl fees; (3) deliver to the referees upon application all papers · which may be referred to them, or, if the o§ce¤s. of such b, referees are not in the" same cities or towns as the offices of h such clerks, transmit such papers by mail, and in like manner S, retnixrn papers which were received from suclnrefexjees after ,· they have been used ;· (4) and within ten days after each, case _ 4; has been closed pay to the referee, if the case was referred, 5] the fee collected for him, and to the trustee the ‘fee collectedhy forhim at the time of filing the petition. (July 1, 1898, c. S 541, § 51, 30‘ Stat; 558,) -- · · ‘" ·_ Y · ‘ · yl
 * 89. Fees of, clerks and marshalsw-(al Clerks shall 1'€S1)€(.“' 0

tirely charge aaa, collect for their- service to each estate, R u filing fee of $10, except, vyhen a-fee iscnot required from a voluntary bankrupt, which `said fee shal1,·be_ paid into the Q; Treasury of the United States in the inanner`pwvided,by law. 1 (b) Marshals shall respectively charge the estate where an · ntljudication `in bankruptcy is made, except ·&1S»11€l‘€l`lZ1_0lZh£§1'WiS€ `_s - proviclctl, for- the performance .of their services in proceedings n in bankrnptiy, the same fees, and account for them in the same: h ` way, as they are entitled to charge for the performance of the v same or similar services in other cases in accordance with laws " in force on July 1,_ 1898, or such as may be thereafter enactedw _; nxing the -c—ompensat—i0n'of.·· marshals. (July- 1; 1898, ‘¢. 541, a § 52, 30 Stat. 559; Febf 26, 19l9, `c, 49, 5 `1, 40 Stat. 1182; Feb; ; _11, 1921, c. 46, 41 StatQ1099.) . ‘ . * _ · _ t ‘ -_ C _ 81; Duties of Attorney General.-—-Th_e Attorney General shall- s ‘ annually lay before Congress statistical tables showing for the -( whole country, and by States, the number ogpsses during the.- year of voluntary and involuntary bankruptcy; the ·amount,of s 3 the property of the estates ;‘ the dividends paid and the expenses 1 of a~drn»inistering;sneh·~es;t2rtes1and· such cs—»s other like information 1 as he may deem important, _ (July 1, 1898, c. 541, § 53, 30 l Stat.'55{}.)  _- u. ·_ -- _ _` ‘ » · a 82, Statistics of bankruptcy, {!l'0¢€€diHgS.+OmQ€PS shall fur— I nish in writing and transmit by mailsuch information as ls l nithln their_knowl¤><lge,.and as may beshown by the records i and papers in their possession, to the Attorney General, for 1 statistical purposes, within ten days after being requested by = him to do so. (Jnly 1, 1898, c. 541,5 ,54,,30 Stat. 559.) V _ < " Chapter 6.-—CREDH‘ORS., » n Sec. .   u - w 91. Creditors meetlngb. ‘ 92. Same; voters at. ,93. Proof and allowance of clalmaw l 94. Creditors; notices to. . “ ., . _ _ 95. Bankruptcy petition‘s‘:‘tlllng and dismissal. _ _ 96. Preferred creditors. _ _ Section 91. Creditore’ meétingsq-—(a) The court shall cause — the first meetlngdof the credltorsof a bankrupt. to be held, not less than ten or more than thirty daysafter the adjudication, at the county seaf of theconnty in which the bankrupt has had . his principal— place of business, resided, or had his domicile; or if that Qplace- would be ntlanifently inconvenient as u place of, meeting for the parties in interest, orif the bankrupt is one who docs not do business. reside, or have his domicile within the United States, the court shall H; a place for the rneeting L which is the most convenient for parties in intereét, ·If such nxnetizig should by any mlschance not be held within such thne, » the eonrt shall Hrthe date, ·as‘soon as may be thereafter, when it shall he held. _ ‘, .  · ‘ _ n -(b} At the tlrst meeting of creditors the judge or referee ` shall preside, and. before proceeding with the .other business, may allow or disallow the claims of creditors there presented, and, may publicly examine the bankrupt lor cause him to be examined at the instance of any creditor; U Q

Knwmtcy gy (c) The; creditors shell at each meeting take such steps HS l my be pertinent Yantl ne<:e¤s¤ry" forthe promotion'<>£lt1tQ tml ltermtsot the estate and, the enforcement of the prusigignx UQ - '· 1is title. _- ‘ · " {tj) A meeting or creditors, subsequenf to the hrst ono. tm`, B held at amy; time and place `when ull of the cresmoyr \·_-hl, ave ’&}(,‘11—[9(l·th€ allowance of their claims sign :1 written tm. ent to hold :1 meeting at such time and place. (e)‘ The court shall call a meetinglof cre<lltors‘ whe:lex·,1,· ne-iourth or more in number of those who have proven" thm. {aims shall me a\ written request to that effect; it such ;·t~·t;m¤r; s siyed by n majority of Sulfh éreditots, which number ;t·y,l-l.- ent sa majority in smountxot seszli claims, and contaitte il equestjor such meeting to be   st i designated blugewttt. · ourt ehal1°~cal1_-such meetingtat such place within thirty (1;.;,-S “ iter the date, of the hlingof. the request. ». E .- .· (I) Whenever·°the_'afIairs of the esthte are ready to hn.`, losetl/h final  of creditors shall be ordered. (July l, $98, c. 541, § 55; 30 Stat. 559.) _ _,. , 92. Same;. rotors at.—··(a) Creditors slmll paw upon nuittet-s ubmitted to.them at their meetings by a majority vote in nm1ber‘aud·_an1ount of claims of allcreditors whose claims ‘. {ave, beenallowed and u1§ present; except as ·0(h€l‘\\’lS€ pt·o-· lded inthis title. _  · _‘ · · ·‘ °(b) Creditors holding elalmsh which are secured or have nrlorlty shall not, in respect ito such cleims, be entitled to vote tt creditors meetings; nor shall such claim be couxited in commting either the__number of creditors or the amount of their claims; tmless thejamounts of such claims exceed the values ofl such [securities or- priorities; and thenvonlly for   excess. }July 1, 1898; c.‘541,_S 56, ,30 Stet. 560.) ·`. ‘ _ .93. Proof and  of claiq€.¥<(a) Proof of cl¤tim<. shall consist of a statment under oath, ln wrlting, signetl hy tt ' creditor' setting forth  claim, the consideration°therefor,_:z:»tl whether_¤11Y.. ¤~l1d,‘_iI so what, securities are -held_ therefor, sml whether any, and, it so what, payments have_heen made thereon;. 1m1'that the_s\1m claimed is justly owing from·'the ha.nkrupt_ to ` the eretlitoiu -  ‘ _ .~ _, j ‘. E ‘(b) Wliegnevcr a claim is founder! noon an instrument of writ- ‘ lnk, such instrument, unless lost or destroyled, shall be hled with ·‘ the proof of claim. _I£ such instrument ls_lost_ or,_tlestroyotl. gt · atatement of such fact and of the circumstances of such loss or destruction shalllbel filedhnder oath with the claim. ~ After  _ the claim is allowed or disallowed, such instrument may he " withdrawn by permission of the court, upon leaving n cov? thereof on file-with the claim. t . _ ·_ .(C)· Claims after being proved may; for the purpose of allow# Q ance, be Bled by the claimants in the court where the prot·ccel· _ ings. are ‘pei1ding‘ or before_'the.·referee it the com has bvcri referred, _  _ _ . _ - j j (tl) Claims whlchhave 'been duly proved shall be·allow<·<l, _ upon receipt by*or upon presentation to the court, unless ohjtwtion to their allowance shall be made by parties in jntorest; ot- _ their consideration be continued for cause by the court upon _. its own motion. · _ . __ · . · (e) Claims ofsecured creditors and those whohave priority may beallowed to. enable such creditors to.pa1*tici·pa1te ln tlw proceedings at cretlltors’ mectlngsheld prior to the tletemtimt ·‘ tion of the‘valoe of their securities or priorities, but shall he allowed for such sums onlyss to the courts seeth to he owing over and above the valneof their `securltiw or priorities? .` (fl Obj€€¢i0hS to clnlnxs shall ·l>e heard and deternniuotl HS S00§1_ aslthe convenience ot the court and `the~ host interests GY, the estates andethe claimants Will jyertnlt. = _ ‘ . ‘ · . . (g) The claims of credltorswho have -recei;·ed prci'ercn<·<*<._ volclable DI1dQ1'·%!uQD_ 96,-subdivision (h)°,··ot this title, fl? W whom conveyances, _ transfers, assignments, ·or incumbranccs. . void or voldable'under‘eectjon 107, subdivision (e), ofthis title. o have been made or given, ‘ shall not be allowed unless such