How this document has been cited
—it was held that the bankrupt had committed an act of bankruptcy, within the meaning of the bankrupt law, by failing, for at least five days before a sale on the execution issued upon the judgment recovered, to vacate or discharge the judgment, or to file a voluntary petition in bankruptcy.
- in Thompson v. Fairbanks, 1905 and 13 similar citations
—"the Act of 1898 makes the result obtained by the creditor and not the specific intent of the debtor, the essential fact."
- in American Bankruptcy Reports Annotated: Reporting the Bankruptcy Decisions … and 5 similar citations
Within the meaning of the Bankruptcy Act, a creditor obtains a preference by entering judgment on a warrant of attorney, and levying an execution thereunder on the debtor's stock in trade, within the time limited by the act, the debtor being then insolvent, notwithstanding that the warrant of attorney was given more than four months before the filing of the petition in …
- in Corpus Juris: Being a Complete and Systematic Statement of the Whole Body of … and 5 similar citations
The following cases pre-date the present statute but do not involve prior agreements to transfer which were outside the four month period.
- in Palmer v. Radio Corporation of America, 1971 and 4 similar citations
—of the United States held that, in determining what constitutes the suffering or permitting of a preference by legal proceedings, the statute makes the result obtained by the creditor and not the specific intent of the debtor, the essential fact, and that no intent on the part of a debtor either to hinder, delay, or defraud his creditors or to prefer one of them over another is …
- in A treatise on the bankruptcy law of the United States and 5 similar citations
—it appears that the debtor, some years before the filing of a petition in bankruptcy, gave his creditor an irrevocable power of attorney to confess judgment after maturity upon a promissory note of the debtor.
- in In re Tobin, 1938 and 3 similar citations
If the insolvent debtor transfers any of his property while insolvent, and such transfer enables the creditor to whom the same is transferred to obtain a greater percentage of his debt than any other creditor of the same class, such transfer is a preference.
- in Cases and materials on the law of credit transactions and 3 similar citations
—a judgment was entered against the alleged bankrupt without his knowledge or consent upon an irrevocable warrant of attorney to confess judgment given by him in 1885.
- in American Bankruptcy Reports Annotated: Reporting the Bankruptcy Decisions … and 3 similar citations
—without any further act of his, "suffered or permitted" a judgment to be entered against him, within four months before the filing of the petition in bankruptcy, the effect of the enforcement of which judgment would be to enable the creditor to whom it was given to obtain a greater percentage of his debt than other creditors; and the lien obtained by which, in a proceeding …
- in In re Ashe, 1983 and 4 similar citations
Cited by
24 F. Supp. 825 - Dist. Court, Minnesota 1938
712 F. 2d 864 - Court of Appeals, 3rd Circuit 1983
194 F. 2d 277 - Court of Appeals, 8th Circuit 1952
Dist. Court, SD Indiana 2013
35 BR 785 - Bankr. Court, D. New Jersey 1983
549 F. Supp. 1032 - Dist. Court, ND Illinois 1982
453 F. 2d 1133 - Court of Appeals, 5th Circuit 1971
82 F. 2d 692 - Circuit Court of Appeals, 5th Circuit 1936
27 F. 2d 917 - Dist. Court, D. Massachusetts 1928
22 F. 2d 268 - Circuit Court of Appeals, 2nd Circuit 1927