65 – Order to Show Cause.
§ 65. Order to show cause. The petition and other papers, specified in the foregoing sections of this article, must be presented to the court, and filed with the clerk. The court must thereupon make an order, requiring all the creditors of the petitioner to show cause before it, at a time and place therein […]
66 – How Order Published and Served.
§ 66. How order published and served. The order must be published and served in the following manner: 1. The petitioner must cause a copy thereof to be published in a newspaper, designated in the order, published in the county; and also, if one-fourth part of the insolvent’s debts accrued or are due to creditors […]
67 – Hearing.
§ 67. Hearing. On the day specified in the order, and before any other proceedings are taken in the matter, the petitioner must present to the court, and file with the clerk, proof, to the satisfaction of the court, that the order has been published and served, as prescribed in the last section; and thereupon, […]
68 – Putting Cause on Calendar.
§ 68. Putting cause on calendar. Where the insolvent’s discharge is opposed, the court may direct the special proceeding to be placed upon the calendar for trial. In that case, the parties must appear, and the proceedings are the same, as in an action, except as otherwise prescribed in this article; and costs, as in […]
69 – Opposing Creditor to File Specifications, and May Demand Jury Trial.
§ 69. Opposing creditor to file specifications, and may demand jury trial. In order to entitle a creditor to oppose the discharge of the insolvent, he must, on the day fixed to show cause, or at such other time as the court may direct, file with the clerk a specification of his objections; and he […]
70 – Opposing Creditor to File Proofs, if Not Named in Schedule.
§ 70. Opposing creditor to file proofs, if not named in schedule. Where the name of an opposing creditor does not appear in the schedule, he must file, with the specification of his objections, proof, by affidavit, that he is a creditor; and, if his debt is not set forth in the schedule, he must […]
71 – Proceedings if Jurors Do Not Agree.
§ 71. Proceedings if jurors do not agree. There shall be but one trial by jury. If the jurors cannot agree, after being kept together for such a time as the court deems reasonable, the court must discharge them, and determine the questions of fact, or those questions as to which the jurors have not […]
57 – Effect of Consent Where Petitioner Is a Joint Debtor.
§ 57. Effect of consent where petitioner is a joint debtor. A creditor’s consent does not affect his remedy against any person or persons indebted jointly with the petitioner; and the petitioner’s discharge has the effect, as between the creditor and the other joint debtors, of a composition between the petitioner and the creditor, made […]
58 – Consent of Purchaser or Assignee of Debt.
§ 58. Consent of purchaser or assignee of debt. Where a consenting creditor is the purchaser or assignee of a debt against the petitioner, or the executor, administrator, trustee, or receiver of such a purchaser or assignee, he is deemed, for all the purposes of this article, except as to the declaration and receipt of […]
59 – Consenting Creditor Must Relinquish Security.
§ 59. Consenting creditor must relinquish security. A creditor who has, in his own name, or in trust for him, a mortgage, judgment, or other security, for the payment of a sum of money, which is a lien upon, or otherwise affects, real or personal property belonging to the petitioner, or transferred by him since […]