 ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 434by Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron - 1915Full view - About this book
 | Illinois. Supreme Court - 1913 - 712 pages
...introduced. The bill was filed under subdivision (e) of section 70 of the Bankruptcy act, which provides that "the trustee may avoid any transfer by the bankrupt of his property which any creditor of the bankrupt might have avoided," etc. It alleges that the conveyance by Fred Smith was made on December... | |
 | 1920 - 516 pages
...Island, .111., 127 NE 94. 3. Bankruptcy — Avoiding Transfer. — Bankruptcy Act, § 70e, providing that "the trustee may avoid any transfer by the bankrupt of his property which any creditor of the bankrupt might have avoided, and may recover the property so transferred," merely vests the trustee... | |
 | 1902 - 1128 pages
...he was adjudged a bankrupt, except in so far as it is to property which is exempt, to all * * * (5) property which prior to the filing of the petition...and sold under judicial process against him." The referee having taken a contrary view of the matter when he had it under investigation, and his finding... | |
 | 1904 - 1148 pages
...qualification * • • shall be vested by operation of law with the title of the bankrupt * * * to all (5) property which prior to the filing of the petition...and sold under judicial process against him.' "The provision of the bankrupt act of 1867 as to the title vesting in the assignee is as follows: " 'All... | |
 | 1907 - 2136 pages
...the title of the bankrupt, "as of the date he was adjudged a bankrupt," to all property, not exempt, which "prior to the filing of the petition" he could...upon and sold under judicial process against him. Other provisions strengthen this view, notably the requirement of section 7, cl. 8, that a voluntary... | |
 | 1904 - 1038 pages
...with the title of the bankrupt, as of the date when he was adjudged a bankrupt, to, inter alia, all property which, prior to the filing of the petition,...have been levied upon and sold under judicial process aguinst him. The trustee, by this, does not simply stnnd In the shoes of the bankrupt, but is Invested... | |
 | 1917 - 2042 pages
...powers which he might have exercised for his own benefit, property transferred by him in fraud of nis creditors, and property which prior to the filing...transferred, or which might have been levied upon and sold by judicial process, the surplus Income accruing under a testamentary trust created for the support... | |
 | 1919 - 2026 pages
...Insurance as an Asset in Bankruptcy." [3] We think that the surrender value of this policy was not "property which, prior to the filing of the petition,...have transferred or which might have been levied upon * * * under judicial process against him," and, therefore, passing to the trustee, under Bankruptcy... | |
 | 1901 - 2042 pages
...of N'elson A. St. John under the will of Vincent St. John Is one which prior to the filing of hist petition he could by any means have transferred, or...upon and sold under judicial process against him. then it becomes a part uf the estate, and upon the appointment and qualification of a trustee tho title... | |
 | 1919 - 2038 pages
...filing of the <£=>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes petition he could by any means have transferred, or...upon and sold under judicial process against him." Under subsection 5 the trustee took such title to this fund as was vested in the bankrupt, except it... | |
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