A Digest of All the Reported Cases Decided Under the Bankruptcy ACT, 1883; With References to All the Reports and to the Courts in Which the Various Decisions Have Been Given - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888. Excerpt: ... Notice of sent by Post.--Qucere: Whether, where notice of appeal is sent by post in accordance with the provisions of section 142 of the Bankruptcy Act, 1883, such notice will be in time, unless the letter is received by the respondent before the expiration of the twenty-one days during which the appeal may be brought. In re Arden, Ex parte Arden, 2 Morrell, 1; L. R. 14 Q. B. D. 121; 51 L. T. 712; 83 W. R. 460--D. Notice of to Official Receiver.--Where after a receiving order has been made against a debtor on a bankruptcy notice, the petitioning creditor is settled with, and with his assent the debtor appeals for the purpose of having the receiving order set aside, it would appear that notice should be given to the official receiver, and where this was not done the Court discharged the receiving order as prayed, but directed that the order should not be drawn up for four days, and notice be given to the official receiver so as to enable him to come forward if he thought fit. In re Fletcher, Ex parte Fletcher, 4 Morrell, 113--D. Who may Appea1.--An unpaid creditor is a "person aggrieved" within the meaning of section 104, sub-section (2) of the Bankruptcy Act, 1883, by the granting of an order of discharge to a bankrupt, and as such has a right of appeal against such order. In re Payne, Ex parte Castle Mail Packet Co., 3 Morrell, 270; L. R. 18 Q. B. D. 154; 56 L. J. Q. B. 625; 85 W. R. 89--C. A. The official receiver has locus standi to appeal to the Court of Appeal from the refusal of the Registrar forthwith to adjudge a debtor bankrupt on application made by him for that purpose under Rule 191 of the Bankruptcy Rules, 1886. In re Reed, Bowen & Co., Ex parte the Chief Official Receiver, 4 Morrell, 225; L. R. 19 Q. B. D. 174; 56 L. J. Q. B. 447; 56 L. T. 8...
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