A Manual Relating to Bankruptcy & Insolvency, and Imprisonment for Debt PDF Download
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Author: Josiah William Smith
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 564
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Book Description
Author: Josiah William Smith
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 564
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Book Description
Author: Josiah William Smith
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages :
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Book Description
Author: Frederick George Manley WETHERFIELD
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Frederick George Manley Wetherfield
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 180
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: James Murdoch (member of the faculty of procurators in Glasgow.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 580
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Author: Charles Edward LEWIS (M.D.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 186
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Author: James Murdoch
Publisher:
ISBN: 9781332838899
Category : Law
Languages : en
Pages : 534
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Book Description
Excerpt from Manual of the Law of Insolvency and Bankruptcy: Comprehending a Treatise on the Law of Insolvency, Notour Bankruptcy, Composition-Contracts, Trust-Deeds, Cessios, and Sequestrations A claim may be established or cut down by three kinds of evidence: 1. By writing; 2. By oath and, 3. By witnesses. The debt may in all cases be proved or disproved by writing or oath it may be proved by the writing or oath of the debtor, or disproved by the writing or oath of the creditor. But proof by witnesses is more. Circumscribed for while, as a general rule, all contracts may be so proved, yet, where there has been no consideration for the debt, it can only be evidenced by the writing or oath of the debtor. The first mode of proof is incomparably the best for the pos session of a writing - such as a bill of exchange - enables the creditor Within a week to put the debtor in prison or attach his goods. N 0 process is required to constitute the debt - the mere possession of such a document puts the debtor, and not the creditor, in the position of pursuer; for if the debtor has any objection to the debt he must raise a process of suspension at his own instance, and before he is allowed to proceed he must, as a rule, consign in court the amount of the bill, or find secu rity for the payment of it. When no such writing exists, but the debt stands on an open account, a regular process for Oh taining a decree must be raised by the creditor, during which the debtor may, if he is so disposed, put the creditor to vast expense and trouble: he may take advantage of all the forms of court he may have a pleading at every stage he may cause the creditor to prove his whole case; and, in addition to this, the creditor, in such instances, always runs the risk of losing the evidence of his witnesses from death and other causes. Where the creditor has no such document as a bond or a bill, but requires to raise a law process for the purpose of obtaining such judgment or decree, the result is to put him in the same position practically as if he had had a bond or bill. This process must be raised in Scotland. No process raised in any foreign court against a person whose domicile is in Scotland is of any avail. In matters of civil jurisprudence, England, Scotland, and Ireland are foreign countries to each other. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Tim Bracken
Publisher:
ISBN: 9781905536528
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
The Practitioners Personal Insolvency Handbook is designed specifically for Irish legal practitioners, providing an overview of debt collection and procedure in relation to personal insolvent clients. The book contains an outline of the various debt collection procedures in Ireland's courts where the procedure is quite distinct, depending whether one is in the District, Circuit, or High Court. Separate chapters deal with the particular procedures in each court. This book explains how to enforce a judgment once obtained, how to register it as a judgment mortgage, and how to ultimately obtain an Order for Sale of a premises over which a judgment mortgage has been registered. The book also examines mortgage suit proceedings, whether the basis of the mortgage is a legal charge, an equitable mortgage, or a judgment mortgage. Additionally, the book looks at how to attach debts by garnishee order or the appointment of a Receiver by way of equitable execution and explains the procedure up to the point of petitioning the High Court to have a person adjudicated a bankrupt. Finally, there is a discussion on Mareva Injunctions. The Practitioners Personal Insolvency Handbook contains an explanation of the steps required to obtain the individual orders and also contains various precedents of proceedings and necessary forms.
Author: Benjamin Weintraub
Publisher: Warren Gorham & Lamont
ISBN:
Category : Law
Languages : en
Pages : 1430
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Book Description
This handbook covers corporate reorganization; rights of landlords, debtors, and secured creditors; jurisdiction and power of bankruptcy courts; discharge of debts and other areas of bankruptcy law for debtor and creditor attorneys. The complete text of the Bankruptcy Code and the Bankruptcy Tax Act of 1980 are included.
