A Treatise on the Law and Proceedings in Bankruptcy

A Treatise on the Law and Proceedings in Bankruptcy

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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. 1899 edition. Excerpt: ...these provisions is very general. They give the referee power to summon any person who could give evidence in a court at law. They authorize the examination of them upon all matters which are likely to arise in respect to the bankrupt or his property. The only limitation as to time within which this power may be exercised is that the estate shall be in process of administration in bankruptcy. The judge or referee may therefore summon a wit-1 Gen. Ord. 3o. 8B. A. 1898, Sec. 38, clause 2. 8B. A. 1898, Sec. 915. For pro-4B. A. 1898, Sec. 21a. Compare ceedings to detain a bankrupt for R. S. Sec. 5087. examination, see When a bankrupt may be arrested, Sec. 219. ness at any time after the commencement of proceedings until the estate is closed by order of court. The referee of course can only summon witnesses while the case is pending before him upon reference. 206. How to obtain an order for an examination. The judge or referee may make the order for an examination.1 The referee usually makes the order for examination after the order requiring the bankrupt to attend before the referee, which is made by the judge in the order of reference.8 Orders for examinations of a bankrupt subsequent to the first one are regularly made only upon application and for cause shown.8 The examination may be taken before a referee for another district when the convenience of the parties will be served thereby.4 The application for an order requiring the bankrupt or other person to appear for examination may be made by the trustee or by any creditor of the bankrupt.8 A creditor must prove his claim before he can make an application.8 The application is usually made by petition or motion. The petition must designate the persons to be examined, but it need not specify...show more

Product details

  • Paperback | 398 pages
  • 189 x 246 x 21mm | 708g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236660366
  • 9781236660367