American Bankruptcy Reports; Annotated, (Cited Am. B. R.) Reporting the Bankruptcy Decisions and Opinions in the United States, of the Federal Courts,

American Bankruptcy Reports; Annotated, (Cited Am. B. R.) Reporting the Bankruptcy Decisions and Opinions in the United States, of the Federal Courts,

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... of Amidon, District Judge: A petition has been 'See In re Shutts v. First Nat. Bank of Aurora, post, and note and cases referred to. presented in this proceeding by the trustee in bankruptcy, asking permission to file a bill in equity in the United States District Court to set aside certain alleged fraudulent conveyances made by the bankrupts. The application is opposed on the ground that this court has no jurisdiction to entertain such a suit. The objection thus raised presents two questions: (1) What jurisdiction, if any, is granted by section 2 of the Bankruptcy Act of 1898 to the United States District Courts in actions at law and suits in equity to collect the estate of the bankrupt? (2) If such jurisdiction is granted by that section, to what extent is it limited by the last clause of subdivision 7 thereof, and the other portions of the act to which reference is therein made? We shall best ascertain the scope of the present act by examining the grant of jurisdiction to District Courts in previous bankruptcy statutes, and the interpretation given to them by the Federal courts. The provision on that subject in the Act of 1841 is contained in section 6, and reads as follows: 'The District Court in every distncYhliiniaVe-jurisdiction in alT matters and proceedings in bankruptcy arising under this act. And the jurisdiction hereby conferred on the District Court shall extend to all acts, matters and things to be done under and in virtue of the bankruptcy, until the final distribution and settlement of the estate of the bankrupt, and the closing of the proceedings in bankruptcy." It will be observed that in this language there is no specific grant of jurisdiction at common law or in equity, and no power expressly vested in the District...show more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236641566
  • 9781236641564