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THE

LAW OF BANKRUPTCY

INCLUDING THE

NATIONAL BANKRUPTCY LAW OF 1898,

THE

RULES, FORMS AND ORDERS OF THE UNITED STATES SUPREME
COURT, THE STATE EXEMPTION LAWS, THE

ACT OF 1867, ETC., ETC.,

ILLUSTRATED BY THE

BANKRUPTCY DECISIONS UNDER THE ACT OF 1867.

BY

EDWIN C. BRANDENBURG, LL.M.,

EDITOR OF "THE SUPPLEMENT TO THE UNITED STATES REVISED STATUTES,'
OPINIONS OF THE ATTORNEY GENERAL," AND ONE OF THE REVISERS OF
BOUVIER'S LAW DICTIONARY, ETC., ETC.; IN CHARGE OF BANK-
RUPTCY MATTERS IN THE DEPARTMENT OF JUSTICE,
AND MEMBER OF THE BAR OF THE UNITED
STATES SUPREME COURT AND THE
DISTRICT OF COLUMBIA.

CHICAGO:/

CALLAGHAN AND COMPANY.
1898.

TH

COPYRIGHT, 1898,

BY

E. C. BRANDENBURG.

STATE JOURNAL PRINTING COMPANY, PRINTERS AND STEREOTYPERS,

MADISON, WIS.

PREFACE.

The numerous requests from judges, lawyers and business men for authoritative construction of the various provisions of the recent Federal Bankruptcy Law, which have been referred to the author for disposition in the exercise of his official function, and the obvious necessity for a comprehensive and complete treatise on the subject of Bankruptcy, have actuated him in the preparation of this work.

Believing the demand of the legal profession of to-day to be for cases rather than comments, the author has carefully avoided criticisms and comments except where clearly justified by authoritative decisions. In considering the provisions of the Federal Bankruptcy Act of 1898, great care has been observed in giving references to co-ordinate principles and analogous provisions of the present Federal Bankruptcy Law and that of 1867, to avoid the labor and necessity of frequent cross-references. With that end in view, under every section and subdivision of the law of 1898, the author has placed analogous provisions of the law of 1867 and the decisions of all the courts based thereon.

It is believed the decisions of the courts upon questions arising under the general Bankruptcy Law of 1867 will be persuasive, if not controlling, in the disposition of questions arising under the many parallel provisions of the law of 1898. For that reason all the decisions of all the courts, in controversies under the law of 1867, have been specially and

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carefully digested for this work, resort being had to the decisions themselves rather than to text-books and digests of others, as is frequently done. The interesting and valuable results attending this course, as found throughout this work, attest its importance and, in a measure, compensate for the laborious task.

The author takes this opportunity of publicly expressing his thanks to George H. Gorman, Esq., for the preparation of the exemption laws of the various states, and to acknowledge his obligation to Irving U. Townsend, Esq., Edward F. Colladay, Esq., and W. Spencer Armstrong, Esq., of the Washington bar, for valuable assistance rendered.

Because of the great labor incident to digesting the bankruptcy cases, and the short time afforded in which to place in the hands of the public a work containing the rules, orders and forms of the Supreme Court of the United States before the rules themselves should become operative, some errors and omissions will doubtless be found, for which the author asks the indulgence of the critic.

WASHINGTON, D. C.,

December, 1898.

E. C. B.

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