Page:United States Statutes at Large Volume 48 Part 1.djvu/947

 73d C ONGRESS. SESS. II. CH. 424. JUNE 7, 1934 . 921 ceeding as may be fixed by the court appointing said receiver or prior trustee. If a receiver or trustee has been appointed by a Federal or State or Territorial court prior to the institution of a Retransfer, if dis- proceeding under this section, and such proceeding shall be dismissed missed. under subd ivisi on (c ), clause (8 ), of this section, the judge may include in the order of dismissal appropriate orders directing the trustee or trustees, or the debtor if no trustee is appointed, to trans- fer possession of the debtor's property within the territorial juris- diction of such court to the receiver or prior trustee so appointed, upon such terms as the judge may deem equitable for the protection of obligations incurred by any trustee or trustees appointed under this section, and for the payment of administrative expenses and allowances in the proceeding hereunder. For the purposes of this "Federal court" con- section the words `Federal court' shall include the district courts strued for purposes of secti on. of the United State s and of the Terri tories and po ssessi ons to which this amendatory Act is or may hereafter be applicable, the Supreme Court of the District of Columbia, and the United States Court of Alaska, and the District Court of the United States for the Territory of Hawaii. "(j) A certified copy of the final decree or of an order confirming Certi fied copy ofco n- a plan of reorganization, or of any other decree or order entered in firming order; evidence. a proceeding under this section, shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and the fact that the decree or order was made . A certified copy of an order directing the transfer of the property dealt with by the plan as provided in subdivi sion ( h) of this s ection shall be evi dence of the trans fer of title accordingly, and if recorded shall impart the same notice that a deed, if recorded, would impart . "(k) If an order is entered directing the trustee or trustees to Proceedings pro- liquidate the estate pursuant to the provisions of clause (8) of sub- pr o- scribed biois liq uidation division (c) of this section : (1) The case may be referred to a dered. referee as pr ovided in se ction 22, wh o shall be co mpensa ted as pro- vided in section 40 ; (2) the first meeting of creditors shall be held as provided in section 55, upon notice as provided in section 58 ; (3) a trustee o r trustee s shall b e appoint ed as pro vided in section 4 4, and be compensated as provided in section 48 ; (4) claims which are provable under section 63 may be proved as provided in section 57, except that the time within which procf may be made shall not expire until six months after the date of the last publication of the notice of the first meeting ; (5) debts shall be entitled to priority as provided in section 64 ; (6) sales shall be made as provided in subdivision (b) of section 70 ; (7) dividends may be declared and paid as provided in section 65. None of the sections enumerated in this subdivision (k), except subdivisions (g), (i), (j), and (m) of section 57, and subdivisions (a) and (e) of section 70, shall apply to proceedings instituted under this section 77B unless and until an order has been entered directing the trustee or trustees to liquidate the estate. All other provisions of this Act, except such as are incon- sistent with the provisions of this section 77B, shall apply to proceed- ings instituted under this section, whether or not an order to liquidate the estate has been entered. For the purposes of such application, provisions relating to `bankrupts' shall be deemed to relate also to `debtors' ; `bankruptcy proceedings' or 'proceed- ings in ba nkrup tcy' shal l be deem ed to incl ude p roce eding s und er this section ; the date of the order approving the petition or answer under this section shall be taken to be the date of adjudication, and such order shall have the same consequences and effect as an order of adjudication.