Page:United States Statutes at Large Volume 48 Part 1.djvu/942

 916 73d C ONGRESS. SESS. II. CH. 424. JUNE 7, 1934 . Debtor 's estate, p os- notice to the debtor and to such others as the judge may determine session of. temporarily continue the debtor in possession or appoint a trustee or t rustees of the d ebtor's estate, and shall require the deb tor, or such trustee or trustees, if appointed, to give such notice as the orde r may di rect to creditor s and st ockholder s and to cause p ublica- tion thereof to be made at least once a week for two successive weeks ofa hearing to be held within thirty days after such appointment, or, if no such appoint ment, wi thin thi rty days after t he appro val of the pe tition o r answer, at whi ch heari ng or an y adjour nment th ereof, or at any s ubse quen t he arin g af ter noti ce, the judg e may ma ke permanent any such appointment, or terminate it and restore the debtor to possession, or, if no trustee has been appointed, may appoint a trustee or trustees, and may remove any such trustee or trustees and continue the debtor in possession or appoint a substitute trustee or trustees and may appoint an additional trustee or trustees Trustee's bond, (2) shall fix the amount of the bond of every such trustee, and every powers, etc. such trustee, upon filing such bond, shall have all the title and shall exercise, subject to the control of the judge and consistently with the provisions of this section, all the powers of a trustee appointed pursuant to section 44 of this Act, and if authorized by the judge, the same powers as those exercised by a receiver in equity to the extent consistent with this section, and, subject to the authoriza- tio n and control of the judge, the pow er to operate the business of the debtor during such period, fixed or indefinite, as the judge may issuance of certifi- from ti me to time prescribe ; (3 ) may, for cause show n, aut horiz e cates for cash, prop- erty, etc. ; conditions. the debtor or the trustee or trustees, if appointed, to issue certificates for c ash, proper ty, o r oth er con sider ation appro ved b y the judge for s uch l awful purpo ses, and upon such terms and conditions and with such security and such priority in payments over existing obligations, secured or unsecured, as may be lawful in the particular schedules of debtor. case ; (4) shall require the debtor, or the trustee or trustees if appointed, at such time or times as the judge may direct, and in lieu of the schedules required by section 7 of this Act, to file such schedules and submit such other information as may be necessary to disclose the cond uct of t he debto r's affa irs and the fairn ess of a ny propo sed plan ; and may direct the debtor, or the trustee or trustees if List of known bond- appointed, to prepare (a) a list of all known bondholders and holders, etc ., to be pre- creditor s of, or claiman ts against, the debtor or its pr operty, and pared. the amounts and character of their debts, claims, and securities, and the last known p ost-office addre ss or place of b usiness of each c reditor stockholders. or claimant, and (b) a list of the stockholders of each class of the debtor, with the last kn own post -office address o r place of busin ess of each, which lists shall be open to the inspection of any creditor or stockholder of the debtor, during reasonable business hours, upon application to the debtor, or to the trustee or trustees, if appointed, and the contents of such lists shall not constitute admis- sions by the debtor or the trustees in a proceeding under this section Executory contracts or otherwise may be rejected executory in whole or in part ; (6) shall determine a reasonable time Time erestfiling offcre claims i-w and interests interests e d ithin which the claims and inter ests o f cre ditor s and stock holde rs tors, etc. may be filed or evidenced and after which no such claim or interest may participate in any plan, except on order for cause shown, the manner in which such -claims and interests may be filed or evidenced and allowed, and, for the purposes of the plan and its acceptance, c lass ific atio n of cred- the division of creditors and stockholders into classes according to itors. the nature of their respective claims and interests ; and may, for the purposes of such classification, classify as an unsecured claim, the amount of any secured claim in excess of the value of the security therefor. such value to be determined in accordance with the provi-
 * (5) may direct the rejection of contracts of the debtor