The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Their title does not extend to anything which by the laws of the
State where the bankrupt belongs is exempt from his creditors.
Such exemptions differ greatly in different parts of the country.
In some States certain property of the value of $5,000 may be
exempt; in others the amount which the debtor can retain is
comparatively trifling. There is, therefore, no uniformity in
the result; but there is, nevertheless, uniformity in the rule
under which the results are reached, and this is enough to
support the validity of this provision of the statute.[Footnote:
Hanover National Bank _v._ Moyses, 186 U. S. Reports, 181.]
The bankrupt may propose a composition to his creditors, and it
may be accepted by a majority of them in number if they also hold
the major part of the indebtedness. If such an acceptance is
confirmed by the court the entire indebtedness is discharged when
the total amount to be paid (including whatever is necessary to
discharge all preferred claims) is deposited in court.
A discharge may be granted to every honest bankrupt (whether his
estate pays anything to his creditors or not), which clears him
forever of all his ordinary debts. It does not apply to taxes
nor to liabilities for certain wrongs of an aggravated character;
nor can two successive discharges in bankruptcy be procured
within six years unless the first was the result of involuntary
proceedings.
Whenever there has been no national bankruptcy law in existence,
the States have been held to be free to pass such insolvent laws
as they might think proper. During the existence of a national
bankruptcy law no State insolvent law can be of any force which
covers the same field.[Footnote: Ogden _v._ Saunders, 12
Wheaton's Reports, 213; Tua _v._ Carriere, 117
U. S. Reports, 201; Ketcham _v._ McNamara, 72 Conn. Reports,
709, 711; 46 Atlantic Reporter, 146.] Its operation is excluded
or suspended as a necessary effect of the enactment of the Act of
Congress, although that contains no express provision to that
effect.
Most of the States have on their statute-books provisions for a
permanent system of insolvency proceedings. In some they are as
favorable to the debtor as the United States bankrupt law of
1898: in more they are less favorable. Generally such
proceedings are brought before a court of special jurisdiction,
constituted both for this purpose and for the settlement of the
estates of deceased persons and of those who are incapable of
managing their own affairs. In the older States it is often made
a condition of a discharge that the creditors shall have received
a certain percentage of their claims.
The relief which the States are competent to give either to
debtor or to creditor is very inadequate. The discharge of the
debtor is of no avail except as against those creditors who were
subject to the jurisdiction of the court. None are so subject
except those belonging in the State, or actually taking part in
the proceedings.
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