Page:United States Statutes at Large Volume 48 Part 1.djvu/949

 73d C ONGRESS. SESS. II. CH. 424. JUNE 7, 1934 . j of the estate : Provided, however, That such personal representative shall f irst o btain the co nsent and au thority of th e cour t whic h has assumed jurisdiction of said estate, to invoke the relief provided by said Act of March 3, 1933. The first sentence of subdivision (m) of said section 74 is amended to read as follows : "The filing of a debtor' s peti tion o r answ er see king r elief u nder t his se ction shall subject t he debtor and his property, wherever located, to the e xclusive urisdiction of the court in which the order approving the petition or answer as provided in subdivision (a) is filed, and this shall include property of the debtor in the possession of a trustee under a trust deed or a mortgage, or a receiver, custodian or other officer of any court in a pending cause, irrespective of the date of appointment of such receiver or other officer, or the date of the institution of such proceedings : Provided, That it shall not affect any proceeding in any court in which a final decree has been entered ." SEC. 3. In the administration of the Act of July 1, 1898, entitled "An Act to establish a uniform system of bankruptcy throughout the United States ", approved July 1, 1898, as amended, the district court or any judge thereof shall, in its or his discretion, so apportion appointments of receivers and trustees among persons, firms, or cor- porations, or attorneys therefor, within the district, eligible thereto, as to p revent any p erson, firm, or co rporati on fro m havi ng a m onop- oly of such appointments within such district. No person shall be appointed as a receiver or trustee who is a near relative of the judge of the court making such appointment. The compensation allowed a receiver or trustee or an attorney for a receiver or trustee shall in no case be e xcessive or exorbi tant, and the cour t in fixi ng such c ompensa- tion shall have in mind the c onse rvati on an d pre serv ation of t he estate of the bank rupt and the inter ests of t he credit ors there in. SEC. 4 . (a) Section 63 (a) of the Act of July 1, 1898, entitled "An Act to establish a uniform system of bankruptcy throughout the United States ", approved July 1, 1898, as amended, is amended to read as follows : "(a) Debts of the bankrupt may be proved and allowed again st his estat e whic h are (1) a f ixed l iabili ty, as evi- denced by a judgment or an instrument in writing, absolutely owing at the time o f the filing of th e peti tion ag ainst him, w hether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest ; (2) due as costs taxable against an involuntary 1 bankrupt who was at the time of the filing of the peti tion agai nst him p laintiff in a caus e of acti on which would pass to the trustee and which the trustee declines to prose- cute after notice ; (3) founded upon a claim for taxable costs incurred in good faith by a creditor before the filing of a petition in an action to recover a provable debt ; (4) founded upon an open account, or upon a contract express or implied ; (5) founded upon provable debts reduced to judgments after the filing of the petition and before the consideration of the bankrupt's application for a discharge, less costs incurred and interest accrued after the filing of the petition and up to the time of the entry of such judgments ; (6) founded upon an awar d of a n indu strial accid ent co mmissio n, or other commis sion, body or officer, of any State or Territory having power or jurisdic- tion to make awards as workmen's compensation in case of injury or death for injury prior to adjudication ; (61/2 ) the amount of any damages, as evidenced by a judgment of a court of competent juris- diction, in any action for negligence instituted prior to adjudication of defendant in such action in bankruptcy and pending at the time 1 So in original. 923 Provisos . Court 's ap prov al ne c- essary. Filing debtor' s peti- tion subject s him to exclu sive juris dict ion o f court. Proceeding in which final decree entered not affected. Receivers, etc ., in bankruptcy. Apportionment of ap- point ment s to prev ent a monopoly. Relative of appoint- ing judge. Pay of receiver, etc. Provable debt s. Vol .30, p. 562. Fixed liability. Costs taxable against involuntary bankrupt. Sundry claims. Founded on indus trial accident commis- sion, etc. Negligence.