The Law Of Debtor And Creditor In The United States And Canada

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The Law of Debtor and Creditor in the United States and Canada; Adapted to the Wants of Merchants and Lawyers

Author : James Philemon Holcombe
Publisher : Theclassics.Us
Page : 164 pages
File Size : 43,5 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230363181

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The Law of Debtor and Creditor in the United States and Canada; Adapted to the Wants of Merchants and Lawyers by James Philemon Holcombe Pdf

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ...or is about to remove any of his property out of the state, with intent to defraud his creditors; or, 4th, that he fraudulently, contracted the debt, or incurred the obligation, respecting which the suit is brought; or, 5th, that the defendant is not a resident of the state, and has not resided therein for three months immediately preceding the time of making such affidavit; or, 6th, that the defendant is a foreign corporation.' Goods and chattels are bound by an attachment from the time of serving the writ; but to create a lien upon real estate, a certified copy of the writ, with a description of the realty, must be deposited in the office of the register of deeds of the county where the same is situate. If it appears by the return of the writ that either of the defendants has been served personally, the suit proceeds as in ordinary cases; if there has been no personal service, but property of the defendant has been attached, the plaintiff' is required to publish in a newspaper of the county, or judicial circuit, for six successive weeks, a notice of the attachment, after which, upon filing an affidavit of the fact, he may file his declaration and proceed as if a copy had been served on the defendant. Where perishable property has been attached, it may be sold pending the proceedings by order of the court. Where there has been no personal service, a judgment is rendered in the ordinary form, but it is not conclusive upon the defendant, and on an execution thereupon, the officer is only authorized to sell the property attached. In cases of joint indebtedness, the Writ of attachment may issue against the separate or joint estate of such debtors, or any of them, (a) There are similar provisions authorizing and regulating attachments in...

The Law of Debtor and Creditor in the United States and Canada

Author : James Philemon Holcombe
Publisher : Palala Press
Page : 528 pages
File Size : 47,7 Mb
Release : 2016-05-19
Category : Electronic
ISBN : 1357290470

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The Law of Debtor and Creditor in the United States and Canada by James Philemon Holcombe Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Debtors and Creditors in America

Author : Peter J. Coleman
Publisher : Beard Books
Page : 322 pages
File Size : 43,5 Mb
Release : 1999
Category : Business & Economics
ISBN : 9781893122147

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Debtors and Creditors in America by Peter J. Coleman Pdf

Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.

The Insolvency Laws of Canada

Author : Susan M. Grundy,Amanda B. Kushnir,Linc A. Rogers,Nicholas J. Hayduk
Publisher : Juris Publishing, Inc.
Page : 20 pages
File Size : 48,9 Mb
Release : 2006
Category : Law
ISBN : 9781578232147

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The Insolvency Laws of Canada by Susan M. Grundy,Amanda B. Kushnir,Linc A. Rogers,Nicholas J. Hayduk Pdf

International Insolvency has become recognized in recent years as critically important to the flow of international commerce and to the resolution of financial crises that threaten the system. Business failure is as important a part of commercial life as success, and the ability of those who supply credit to protect themselves in the event of insolvency affects not only the cost of credit but a lender’s or supplier’s willingness to supply it. Each volume in this new series has been written by one or more leading practitioners in the area, and has been edited by Howard S. Beltzer, Andrew P. DeNatale and Allan L. Gropper, who have had many years of experience as lawyers engaged actively in cross-border insolvencies. Each volume is designed to give the reader — lawyers and non-lawyers alike — ready access to a comprehensive but non-technical summary of the law of the particular nation. In order to make each volume easily accessible, each country is organized in the same manner. The first part consists of an overview, setting forth a broad outline of the relevant law as well as the country’s general attitude toward insolvency. The second part describes the nation’s forms of business entities and types of obligations that will usually be at issue in insolvency proceedings. The third part deals with consequences of insolvency for businesses. These works are designed to present the law of international insolvency in a practical, non-technical manner that is accessible to lawyers and law students as well as the business community.

Creditor-debtor Law in Canada

Author : Charles Richard Bentley Dunlop
Publisher : Unknown
Page : 563 pages
File Size : 42,6 Mb
Release : 1981
Category : Debtor and creditor
ISBN : OCLC:953243287

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Creditor-debtor Law in Canada by Charles Richard Bentley Dunlop Pdf

Creditor Rights and the Public Interest

Author : Janis Pearl Sarra
Publisher : Unknown
Page : 352 pages
File Size : 53,8 Mb
Release : 2003
Category : Law
ISBN : 080208754X

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Creditor Rights and the Public Interest by Janis Pearl Sarra Pdf

Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Debt's Dominion

Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 48,5 Mb
Release : 2014-04-24
Category : Business & Economics
ISBN : 9781400828500

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Debt's Dominion by David A. Skeel Jr. Pdf

Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

Bennett on PPSA (Ontario)

Author : Frank Bennett
Publisher : CCH Canadian Limited
Page : 410 pages
File Size : 43,5 Mb
Release : 1999
Category : Law
ISBN : 1551412519

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Bennett on PPSA (Ontario) by Frank Bennett Pdf

Frauds on Creditors and Assignments for the Benefit Of Creditors. A Treatise on the Canadian Law Of

Author : William Ruston Percival Parker
Publisher : Legare Street Press
Page : 0 pages
File Size : 41,8 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 102216063X

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Frauds on Creditors and Assignments for the Benefit Of Creditors. A Treatise on the Canadian Law Of by William Ruston Percival Parker Pdf

This comprehensive guide to Canadian bankruptcy law provides practical advice and legal insights for creditors, debtors, and lawyers alike. Parker covers fraudulent transfers, preferences, and assignments, as well as the duties and responsibilities of receivers and trustees. With its clear and accessible style, this book is an essential reference for anyone dealing with insolvency issues in Canada. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Law of Bankruptcy, and Debtor and Creditor

Author : Alfred William Bays
Publisher : Palala Press
Page : 334 pages
File Size : 43,9 Mb
Release : 2016-05-18
Category : Electronic
ISBN : 1357084455

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The Law of Bankruptcy, and Debtor and Creditor by Alfred William Bays Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Bennett on Bankruptcy.

Author : Frank Bennett
Publisher : CCH Canadian Limited
Page : 1595 pages
File Size : 53,7 Mb
Release : 2007
Category : Bankruptcy
ISBN : 9781553678311

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Bennett on Bankruptcy. by Frank Bennett Pdf

Creditor-debtor Law in Canada. Supplement

Author : Charles Richard Bentley Dunlop
Publisher : Carswell Legal Publications
Page : 163 pages
File Size : 42,9 Mb
Release : 1984
Category : Debtor and creditor
ISBN : 0459367404

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Creditor-debtor Law in Canada. Supplement by Charles Richard Bentley Dunlop Pdf