Page:United States Statutes at Large Volume 52.djvu/972

 52 STAT.] 75TH CONG. , 3D SESS. -CH. 575-JUNE 22, 1938 "(7) 'plan' shall mean a plan for a composition or extension, or both, proposed in a proceeding under this chapter; and "(8) 'wage earner' shall mean an individual who works for wages, salary, or hire at a rate of compensation which, when added to all his other income, does not exceed $3,600 per year. "SEC. 607. A creditor shall be deemed to be 'affected' by a plan only if his interest shall be materially and adversely affected thereby. In the event of controversy, the court shall, after hearing upon notice, summarily determine whether any creditor is so affected. "ARTICLE III-JURISDICTION, POWERS, AND DUTIES OF THE COURT "SEC. 611. Where not inconsistent with the provisions of this chap- ter, the court in which the petition is filed shall, for the purposes of this chapter, have exclusive jurisdiction of the debtor and his property, wherever located, and of his earnings and wages during the period of consummation of the plan. "SEC. 612. Where not inconsistent with the provisions of this chap- ter, the jurisdiction, powers, and duties of the court shall be the same- "(1) where a petition is filed under section 621 of this Act and a decree of adjudication has not been entered in the pending bank- ruptcy proceeding, as if a decree of adjudication had been entered in such bankruptcy proceeding at the time the petition under this chapter was filed, or "(2) where a petition is filed under section 622 of this Act, as if a voluntary petition for adjudication in bankruptcy had been filed and a decree of adjudication had been entered at the time the petition under this chapter was filed. "SEC. 613. Upon the filing of a petition, the court may, in addi- tion to the jurisdiction, powers, and duties hereinabove and else- where in this chapter conferred and imposed upon it- "(1) permit the rejection of executory contracts of the debtor, upon notice to the parties to such contracts and to such other parties in interest as the court may designate; "(2) extend upon cause shown any time which under this chapter the court is required or permitted to fix for any purpose. "SEC. 614. 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 proceed- ing to enforce any lien upon the property of a debtor. "SEC. 615. 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. 616. Where not inconsistent with the provisions of this chapter, the jurisdiction of appellate courts shall be the same as in a bankruptcy proceeding. "ARTIcim IV-PETITION AND STAY "SEC. 621. A debtor may file a petition under this chapter in a pending bankruptcy proceeding either before or after his adjudication. "SEC. 622. If no bankruptcy proceeding is pending, a debtor may file an original petition under this chapter with the court which would have jurisdiction of a petition for his adjudication. 931 "Plan. " "Wage earner." Creditor "affeeted" by a plan. Jrisdiction, powers, and duties of court. Exclusive jurisdic- tion of debtor and his property, etc. Adjudication provi- sions. Additional powers, etc. Power to enjoin or stay suits, etc. Ante, p. 849. Designation of time, form, etc., of giving notice. Jurisdiction of ap- pellate courts Petition and stay. Filing of petition n pending bankrupt- ey proceeding. If no pending pro- aeding.

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