Page:United States Statutes at Large Volume 53 Part 1.djvu/642

 APPENDIX (4) "debts" shall include all claims; (5) "executory contracts" shall include unexpired leases of real property; (6) "petition" shall mean a petition filed under this chapter by a wage earner desiring to effect a plan for a composition or extension of time for the pay- ment of his debts, or both; (7) "plan" shall mean a plan for a composition or extension, or both, pro- posed 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 chapter, 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 chapter, 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 bankruptcy 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 adjudi- cation 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 addition to the juris- diction, powers, and duties hereinabove and elsewhere in this chapter con- ferred 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 slits to enforce liens upon1 the property of a debtor, and may, upon notice and for cause shown, enjoin or stay until final decree any act or the commenecement or contiuall tion of alny proceeding to enforce any lieu uponl the prol)rty of a debtor. SEC. 615 . Whenever notice is to be given under this ('cmp)tr, the (ourt sh:llI designate, if not otherwise specified hcerelndler, the time within which, the persons to whom, and the form andi 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. ARTICLE IV--PETITION AND STAY SEC. 621 . A debtor may file a petition under this chapter in a pending bank- ruptcy proceeding either before or after his adjudication. SEC. 622. If no bankruptcy proceeding is pending, a debtor may file an orig- inal petition under this chapter with the court which would have jurisdiction of a petition for his adjudication. SEC. 623. A petition filed under this chapter shall state that the debtor is insolvent or unable to pay his debts as they mature and that he desires to effect a composition or an extension, or both, out of his future earnings or wages. SEC. 624. The petition shall be accompanied- (1) by a statement of the executory contracts of the debtor; (2) by the schedules and statement of affairs, if not previously filed; and (3) where a petition is filed under section 622 of this Act, by payment to the clerk of $15 to be distributed, $10 to the referee and $5 to the clerk in lieu of the fees of $15 and $10 as prescribed in sections 40 and 52 of this Act. SEC. 625. A petition filed under section 621 of this Act shall act as a stay of adjudication or of administration of the estate. SEC. 626. The court may, upon hearing after notice to the debtor and such other persons as the court may designate, require the debtor to file, within CXXXVII

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