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Bankruptcy

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Articles 1291 - 1301 of 1301

Full-Text Articles in Bankruptcy Law

Purchaser For Value, J. W. M. Jan 1923

Purchaser For Value, J. W. M.

West Virginia Law Review

No abstract provided.

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The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook Jan 1918

The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook

Articles

Since Sturgis v. Crowninshield, 4 Wheat. 122, it has been clear that State Insolvency Laws were valid (within certain well-defined limits) during the non-existence of a Federal Bankruptcy Act, and that upon the enactment of a Federal Bankruptcy Act the State laws were superseded and suspended so far as they were in conflict with the Federal legislation. The difficulty has been in determining when there was such conflict, and it has arisen in various ways. For instance, the Federal Bankruptcy Act permits any natural person to become a voluntary bankrupt, but provides that no involuntary proceedings shall be taken against …

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Insurance Policies As Assets In Bankruptcy, Evans Holbrook Jan 1918

Insurance Policies As Assets In Bankruptcy, Evans Holbrook

Articles

The Supreme Court of the United States, in the recent case of Cohen v. Samuels, 38 Sup. Ct. 36, has put an end to a method, approved by some of the lower Federal Courts, whereby a person could create a fund which would be completely under his control but which would nevertheless be protected against any claim on the part of his trustee in bankruptcy. The circumstances in the principal case were as follows: Samuels had taken out ordinary life insurance policies, with the usual provisions as to loan and surrender values, payable to certain of his relatives as beneficiaries, …

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When Is A Preferential Transfer 'Required' To Be Recorded? , Evans Holbrook Jan 1918

When Is A Preferential Transfer 'Required' To Be Recorded? , Evans Holbrook

Articles

The BANKRUPTCY ACT of 1898 (as amended in 1903 and 1910), after defining a preference, provides in § 60b that preferences made under certain circumstances may be recovered from the preferred creditor if the latter had "reasonable cause to believe" that a preference was to be effected "at the time of the transfer * * * or of the recording or registering of the transfer if by law recording or registering thereof is required," such time being within four months before bankruptcy. Bankrupcty courts have for years been vexed with the question: When is a transfer "required" to be recorded …

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Execution Sales As Preferential Transfers In Bankruptcy, Evans Holbrook Jan 1917

Execution Sales As Preferential Transfers In Bankruptcy, Evans Holbrook

Articles

In the recent case of Golden Hill Distilling Co. v. Logue, 243 Fed. 342, the Circuit Court of Appeals for the Sixth Circuit holds that a "creditor who recovers a judgment, by consent or in invitum, and by execution sale collects his money within four months preceding bankruptcy, and with reasonable cause to believe [that a preference would thereby be effected] receives a voidable preference, which he must repay to the trustee." This question is one that has vexed the bankruptcy courts ever since the Supreme Court of the United States in Clarke v. Larremore, 188 U. S. 486, declined …

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When Is A Preferential Transfer Required To Be Recorded?, Evans Holbrook Jan 1916

When Is A Preferential Transfer Required To Be Recorded?, Evans Holbrook

Articles

In the recent case of Carey v. Donohue, 36 Sup. Ct. 386, the Supreme Court of the United States has passed on a question that has for years been vexing the Circuit Courts of Appeals, namely: When is the recording of a preferential transfer "required" under § 60 of the'Bankruptcy Act of 1898 as amended in 1903 and 1910. § 60a (as amended in 1903) defines a preference as a transaction by which property of an insolvent debtor is transferred, within four months before his bankruptcy, in such a way that the debt owing to one of his creditors will …

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Cases On The Law Of Bankruptcy: Including The Law Of Fraudulent Conveyances, Evans Holbrook, Ralph W. Aigler Jan 1915

Cases On The Law Of Bankruptcy: Including The Law Of Fraudulent Conveyances, Evans Holbrook, Ralph W. Aigler

Books

This collection of cases is the result of several years' work in the class-room by both of the editors. It is obvious that there are difficulties in the teaching of a subject based entirely on a statute, especially in the years immediately following the adoption of the statute, when its provisions have not yet been passed on by the courts; now, however, a considerable body of authoritative judicial interpretation of the Bankruptcy Act of 1898 has grown up, and it is hoped that the cases contained in this volume will serve to show the effective structure that has been constructed …

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Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook Jan 1915

Discharge In Bankruptcy Of Principal's Inchoate Obligation To Indemnify His Surety, Evans Holbrook

Articles

In the recent case of R. P. Williams, et al. v. United States Fidelity and Guaranty Company, 35 Sup. Ct. 289, the United States Supreme Court has at last passed upon a question that has vexed the courts ever since the enactment of the Bankruptcy Act of 1898. As stated by the Supreme Court, the question is this: "Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety …

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Depositors' Checks In Payment Of Matured Obligations Held By Drawee Bank As Preferences, Ralph W. Aigler Jan 1913

Depositors' Checks In Payment Of Matured Obligations Held By Drawee Bank As Preferences, Ralph W. Aigler

Articles

Since the case of New York County Bank I. Massey, 192 U. S. 138, there has been no doubt as to the right of a debtor of a bankrupt's estate to exercise the right of set-off as preserved by § 68a of the Bankruptcy Act. In that case it was laid down dearly that such right of set-off may be exercised despite the provisions of § 60a, which covers the matter of preferences. The question very frequently arises when bankers apply deposit balances upon matured obligations of customers. If such application is made within four months of the time when …

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Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler Jan 1912

Provability In Bankruptcy Of Claims Arising Out Of Alimony Decrees Or Separation Agreements Between Husband And Wife, Ralph W. Aigler

Articles

It was not until the decisions in Audubon v. Shufeldt, 181 U. S. 575, and Wetmore v. Markoe; 196 U. S. 68, that it was authoritatively determined in this country that alimony, whether in arrears at the time of filing petition, or payable in the future, was not provable in bankruptcy.

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A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook Jan 1912

A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook

Articles

The peculiar three-sided relationship of principal, surety and creditor gives rise to many vexatious questions of law, and one of the most interesting of these vexatious questions is that of the relationship between surety and principal in the case of the latter's bankruptcy. Under such circumstances, the creditor's right is fairly simple; he may prove his debt against the principal, take such dividend as may be declared, and recover the balance of the debt from the surety, his remedy against the latter being expressly saved by Sec. 16 of the present Bankruptcy Act.1 But the position of the surety is …

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