The Rights And Remedies of Creditors Respecting Their Debtors Property
The Rights And Remedies of Creditors Respecting Their Debtors Property
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873; Re Ehrieh's Brewery, 158 Fed. 644; Re Alton Mfg. Co. , 158 Fed. 567. The amendment of 1910 to Section 300 THE RIGHTS AND REMEDIES OF CREDITORS. [Chap. XVIII.
§ 379. Ancillary Receivership. This receiver has no powers outsideof thedistrict of the court which appointed him, except as, under the present dispensation afforded by the Judicial Code of 1911, he may have powers in an adjoining district located within the same Circuit.^ If, then, the debtor owns property which is located in distric...ts of other States, it is necessary to resort to some form of ancillary proceedings to obtain judicial custody of such property. While the National Bankrupt Acts always con- templated that only one petition in bankruptcy is proper, and that in the district which has jurisdiction over the bankrupt by reason of his residence or, in the case of a corporation, the lo- cation of its principal place of business, - it was also recognized that in cases of scattered assets the federal courts of the districts where the property is located should give aid to the creditors' representative in his efforts to gather in the estate.
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To quickly assess the difficulty of the text, read a short excerpt:
873; Re Ehrieh's Brewery, 158 Fed. 644; Re Alton Mfg. Co. , 158 Fed. 567. The amendment of 1910 to Section 300 THE RIGHTS AND REMEDIES OF CREDITORS. [Chap. XVIII.
§ 379. Ancillary Receivership. This receiver has no powers outsideof thedistrict of the court which appointed him, except as, under the present dispensation afforded by the Judicial Code of 1911, he may have powers in an adjoining district located within the same Circuit.^ If, then, the debtor owns property which is located in distric...ts of other States, it is necessary to resort to some form of ancillary proceedings to obtain judicial custody of such property. While the National Bankrupt Acts always con- templated that only one petition in bankruptcy is proper, and that in the district which has jurisdiction over the bankrupt by reason of his residence or, in the case of a corporation, the lo- cation of its principal place of business, - it was also recognized that in cases of scattered assets the federal courts of the districts where the property is located should give aid to the creditors' representative in his efforts to gather in the estate.
What to read after The Rights And Remedies of Creditors Respecting Their Debtors Property?
You can find similar books in the "Read Also" column, or choose other free books by Garrard Glenn to read onlineMoreLess
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