Page:United States Statutes at Large Volume 44 Part 2.djvu/703

 .S.D(’1`Y-NINTH CONGRESS. Sass. I. C11. 406. 1926. 663 or (4) suifered, or permitted, while insolvent, any creditor to obtain w,*§i‘{gj',;g{v€§g¤é,,g;,¤,· through legal proceedings any levy, attachment, judgment, or other ' ( ' lien, and not having vacated or discharged the same within thirty days from the date such levy, attachment, judgment, or other lien was obtained; or (5) made a general assignment for the benefit of his creditors; or, while insolvent, a receiver or a trustee has been appointed, or put in charge of his property; or (6) admitted in writing his inability to Bay his debts and his willingness to be ad'udged a bankrupt on t at ground." ( _ _ gee. 4. That section 7 (a), subdivision (8), of said Act, as so b,,@§§§ d“““ °’ amended, be, and the same hereby is, amended to read as follows: “(8) Prepare, make oath to, and file in court within ten days after m8§e¤g1?;=‘}¢1·3{0g{g$¤¥ adjudication, if an involuntary bankrupt and within ten days after v¤1,so,;5.é4s,¤mA¤- the tiling of a petition, if a voluntary bankrupt (unless in either °"· case further time is dgranted), a sche ule of his roperty showing the amount and kin of property, the location thereof, its money value in detail, and a. list of his creditors showing their residence, if known; if unknown, that fact to be stated, the amounts due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee, and 0116 for the trustee." · Sec. 5. The section 12 (a) of said Act, as so amended, be, andthe C°m¤°““°¤’~ same hereby is, amended to read as follows: . r · "(a) A ankrupt may offer, either before or after adjudication, Vm§§‘°°’*°‘°‘·m°Yb“ terms of conrposition to his creditors, after, but not before, he has been examine in 0 en court, or at a meeting of his creditors, and has filed incourt the schedule of his property and the list of his creditors A. if .. d required to be filed by bankrupts. I1 compositions before »adjudica— guajggggn. °°f°r° ° ` tion the bankrupt shall file the rreguired schedules, and thereupon the ·,_,‘f°*·3°·P·“°·*”‘°”d‘ court shall call a meeting of c itors for the allowance of claims, V 01 839 d examination of the bankrupt, and preservation or conduct of the .¤, '°°'p‘ ’°m°° ` estate, at which meeting the Judge or referee shall preside; but action upon the petition for adjudication shall not be delayed, except that the court, for good cause shown, may in its discretion delay such action upon such terms and conditions for the protection of and indemnity against loss by the bankru testate as may be proper." ( _ _ Sno. 6. T at section 14 (a) and (bi) of said Act, as so amended, bc, D‘°°“'*°“ and the same hereby is, amended to read as follows: · . —"(a-) Any person may, after the expiration of one month and ,,,,T"‘§’ ,}f,F,§§,‘§§§,°§,,f°' within twelve months, subsequent to being adjudgeda bankrupt, file °dVn<5-3K6·¤-550,¤m¤¤¤- an application for a discharge in the court of bankruptcy in which ' the proceedings are pending, if it shall be made to appear to the judge that the bankrupt was unavoidably prevented from filing it within such time, it may be filed within but not after the expiration of the next six months. (,  Y "(b) The judge shall hear the apiplicationo for a discharge and c§,§,{‘”‘ wd ‘”" such proofs and pleas as may be ma e in opposition thereto y the trusteeor other parties in interest, at suc time as will} give the trustee or dparties in intered: a reasonable opportunity to be fully heard; an investigate the merits of the application and discharge mgm? f<>¤ *¤f¤¤¤¤ the applicant, unless he has (1) committed- an ofense punishable by v¤x.s6,i>.sss,¤me¤+ im risonment as herein rovided`; or (2) destroyed, mutilated, falsx- °°‘ find', concealed, or failed) to keep booksof account, or; records, from which his financial condition and business transactions might be ascertained; unless the court deem such failure or acts to have zbeen justitied, under all the circumstances of the case; or (3) obtained money or prferty on credit, or obtained an extension or renewal of, credit, by ma ing or publishing, or causing to bemade or published, 1n any manner whatsoever, a materially also statement in writing