FREE BOOKS

Author's List




PREV.   NEXT  
|<   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393  
394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   417   418   >>   >|  
or debtor, make a receiving order for the protection of the estate. All receiving orders to be advertised in the _London Gazette_ and locally. 1539. Petition. A creditor (or creditors) cannot present a petition unless the debt (or debts) amount to L50; the debt must be a liquidated sum, payable now or at some future time; the act of bankruptcy on which the petition is grounded must have occurred within _three months_ before presentation of petition; and the debtor must be domiciled in, or within a year before petition have resided in or had a place of business in, England. No petition can, after presentment, be withdrawn without leave of the Court. A creditor's petition must be accompanied by affidavits verifying the statements therein. 1540. Official Receiver. On a receiving order being made, the debtor's property vests in the Official Receiver, who must summon a first meeting of creditors, giving to each not less than seven days' notice of time and place in the 'Gazette' and locally. 1541. The Meeting of Creditors. The meeting of creditors summoned as above shall consider whether a proposal for a composition or scheme of arrangement shall be entertained, or whether the debtor shall be adjudged bankrupt, and the mode of dealing with the debtor's property. 1542. Duties of Debtor. The debtor must furnish the Official Receiver with a full statement of his affairs in the prescribed form, verified by affidavit, and all such information as the Receiver may require. This statement, if made on a _debtor's petition_, must be submitted to the Receiver within _three days_ of the date of the receiving order; if on a _creditor's petition_, within _seven days_; or the debtor will be liable to be adjudged bankrupt on petition to the Court by Receiver or creditor. [A SWALLOW MAKES NOT SUMMER OR SPRING-TIME.] 1543. Public Examination. Before any resolution or composition is approved by creditors, a public examination of the bankrupt, on oath, must be held by the Court, at which the Receiver must be present. 1544. Composition or Scheme of Arrangement. The creditors may at their first meeting or any adjournment thereof, by special resolution, entertain a composition or scheme of arrangement, and if the same be accepted by the creditors, application must be made to the Court to approve it, the Official R
PREV.   NEXT  
|<   369   370   371   372   373   374   375   376   377   378   379   380   381   382   383   384   385   386   387   388   389   390   391   392   393  
394   395   396   397   398   399   400   401   402   403   404   405   406   407   408   409   410   411   412   413   414   415   416   417   418   >>   >|  



Top keywords:

petition

 

debtor

 

Receiver

 
creditors
 

receiving

 

creditor

 

Official

 

meeting

 

bankrupt

 
composition

scheme

 
property
 
resolution
 

adjudged

 
present
 

locally

 

Gazette

 

arrangement

 
statement
 
information

affidavit

 
entertained
 

verified

 

Duties

 
Debtor
 

furnish

 

dealing

 
prescribed
 

affairs

 

Public


Arrangement

 

adjournment

 

Scheme

 

Composition

 

thereof

 

special

 

approve

 

application

 

accepted

 

entertain


examination

 

public

 
liable
 

SWALLOW

 

submitted

 

SUMMER

 

Examination

 
Before
 

approved

 

SPRING