Page:United States Statutes at Large Volume 81.djvu/545

 81 STAT.]

PUBLIC LAW 90-157-NOV. 28, 1967

511

Public Law 90-157 AN ACT November 28, 1967 T(» amend sections 04a, 238, 378, and 483 of the Bankrniitcy Act and to repeal [H. R. 2517] sections 354 and 4.")}) of the Act.

Be It enaxted by the Senate and IIou.se of Repr'-senfatives of the United States of America in Congress assembled, That section 64a of the Bankruptcy Act (11 U.S.C. 104(a)) is amended to read as follows:

Bankruptcy. 52 Stat. 874;

" SEC. 64. DEBTS W H I C H HAVE PKIORITY.—a. The debts to have pri- 'VrSitfof'^'"

ority, in advance of the payment of dividends to creditors, and to be debts. paid in full out of bankrupt estates, and the order of payment, shall be (1) the costs and expenses of administration, includin^^ the actual Expenses and and necessary costs and expenses of preserving the estate subsequent traTion^. ^'^"''"*^' to filing the petition; the fees for the referees' salary and expense fund; the filing fees paid by creditors in involuntary cases or by persons other than the bankrupts in voluntary cases; where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, is recovered for the benefit of the estate of the bankrupt by the efforts and at the cost and expense of one or more creditors, the reasonable costs and expenses of such recovery; the trustee's expenses in opposing the bankrupt's discharge or in connection with the criminal prosecution of an offense pvmishable under chapter 9 of title 18 of the United States Code, or an offense ^s USI^'IM^ISS concerning the business or property of the l)ankrupt punishable under other laws, P'ederal or State; the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney's fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the bankrupt in voluntary and involuntary cases, and to the petitioning creditors in involuntary cases, and if the court adjudges the debtor bankrupt over the debtor's objection or pursuant to a voluntary petition filed by the debtor during the pendency of an involuntary proceeding, for the reasonable costs and expenses incurred, or the reasonable disbursements made, by them, including but not limited to compensation of accountants and appraisers employed by them, in such amount as fhe court may allow. Where an order is entered in a proceeding under any chapter of this Act directing that bankruptcy be proceeded vrith, the costs and expenses of administration incurred in the ensuing bankruptcy proceeding, including expenses necessarily incurred by a debtor m possession, receiver, or trustee in preparing the schedule and statement required to be filed by section 288, 378, or 483, shall cf^^'J"^' ^^^' have priority in advance of payment of the unpaid costs and expenses of administration, including the allowances provided for in such chapter, incurred in the superseded proceeding and in the suspended bankruptcy jjroceeding, if any; (2) wages and commissions, not to exceed wages and com$600 to each claimant, which have been earned within three months before the date of the commencement of the proceeding, due to workmen, servants, clerks, or traveling, or city salesmen on salary or commission basis, whole or part time, whether or not selling exclusively for the bankrupt; and for the purposes of this clause, the term 'traveling or city salesman' shall include all such salesmen, whether "Traveling or or not they are independent contractors selling the products or services '^'^ ^ ^^ esman. of the bankrupt on a commission basis, with or without a drawing account or fdrmal contract; (3) where the confirmation of an arrange- certain crediment or Mage earner plan or the bankrupt's discharge has been ^"""^ costs. refused, revoked, or set aside upon the objection and through the efforts and at the cost and expense of one or more creditors, or, where through the efforts and at the cost and expense of one or more creditors, evidence shall have been adduced resulting in the conviction of any 85-622 0-68—35

�