Page:United States Statutes at Large Volume 52.djvu/948

 52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 "(2) upon such notice as the court may prescribe and upon cause shown, authorize the receiver or trustee, or the debtor in possession, to lease or sell any property of the debtor, whether real or personal, upon such terms and conditions as the court may approve; "(3) whenever under this chapter the court is required or per- mitted to fix a time for any purpose, the court may upon cause shown extend such time. "SEC. 314. The court may, in addition to the relief provided by section 11 of this Act and elsewhere under this chapter, enjoin or stay until final decree the commencement or continuation of suits other than suits to enforce liens upon the property of a debtor, and may, upon notice and for cause shown, enjoin or stay until final decree any act or the commencement or continuation of any pro- ceeding to enforce any lien upon the property of a debtor. "SEC. 315. Whenever notice is to be given under this chapter, the court shall designate, if not otherwise specified hereunder, the time within which, the persons to whom, and the form and manner in which the notice shall be given. Any notice to be given under this chapter may be combined, whenever feasible, with any other notice or notices under this chapter. "SEC. 316. Where not inconsistent with the provisions of this chapter, the jurisdiction of appellate courts shall be the same as in a bankruptcy proceeding. "ARTICLE IV-PETr ON AND STAY "SEO. 321. A debtor may file a petition under this chapter in a pending bankruptcy proceeding either before or after his adjudication. "SEC. 322. If no bankruptcy proceeding is pending, a debtor may file an original petition under this chapter with the court whic would have jurisdiction of a petition for his adjudication. "SEc. 323. A petition filed under this chapter shall state that the debtor is insolvent or unable to pay his debts as they mature, and shall set forth the provisions of the arrangement proposed by him. "SEC. 324. The petition shall be accompanied by- "(1) a statement of the executory contracts of the debtor; "(2) the schedules and statement of affairs, if not previously filed; and "(3) payment to the clerk of the fees, if not already paid, required by this Act. SEC. 325. A petition filed under section 321 of this Act shall not act as a stay of adjudication or of the administration of the estate, but the court may, upon application of the debtor and upon notice to all parties in interest, including the creditors' committee and the receiver or trustee, if any such has been appointed, grant a stay of adjudication or of the administration of the estate upon such terms as may be proper for the protection of the estate and for indemnity against loss thereto or diminution thereof. "SEC. 326. Where a petition is filed under section 322 of this Act, the court may, upon hearing and after notice to the debtor and to such other persons as the court may direct, order the debtor to file a bond or undertaking, with such sureties as may be approved by the court and in such amount as the court may fix, to indemnify the estate against subsequent loss thereto or diminution thereof until, in the event of the entry of an order of adjudication under this chapter, the entry of such order. "SEC. 327. Upon failure of the debtor to comply with such order for indemnity, as prescribed in section 326 of this Act, the court may, 907 Power to enjoin or stay Certain suits. Ante, p. 849. Designation of time, form, etc., of giving notice. Jurisdiction of ap- pellate courts. Petition and stay. Petition by debtor in pending proceed- ing. If no proceeding pending. Contents of peti- tion. Accompanying papers, etc. If pending proceed- ing, effect of petition on adjudication, etc. I no pending pr ceeding, ng of bond etc. Failure to eomply with orde for indem- nity.

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