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A Code of Federal Procedure

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Pages: 60

Book format: An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.

Publisher: Date:8/4/2009 - General Books LLC

By: Walter Malins Rose

Excerpt from book: § 2307. Proof of contingent claim. The claims of persons contingently liable for the bankrupt may be proved in the name of the creditor when known by the party contingently liable. When the name of the creditor is unknown, such claim may be proved in the name of the party contingently liable: but no dividend shall be paid upon such claim, except upon satisfactory proof that it will diminish pro tanto the original debt. Fourth clause of 21st order in bankruptcy in effect Jan. 2, 1890. § 2308. Proof of execution of letter of attorney and assignment how made. The execution of any letter of attorney to represent a creditor or of an assignment of claim after proof, may be proved or acknowledged before a referee, or a United States commissioner, or a notary public. When executed on behalf of a partnership or of a corporation, the person executing the instrument shall make oath that he is a member of the partnership, or a duly authorized officer of the corporation on whose behalf he acts. When the person executing is not personally known to the officer taking the proof or acknowledgment, his identity shall be established by satisfactory proof. Fifth clause of 21st order in bankruptcy in effect Jan. 2, 1899. § 2309. Re-examination of claims filed. When the trustee or any creditor shall desire the re-examination of anv claim filed against the bankrupt's estate, he may apply by petition to the referee to whom the case is referred for an order for such re-examination, and thereupon the referee shall make an order fixing a time for hearing the petition, of which due notice shall be given by mail addressed to the creditor. At the time appointed the referee shall take the examination of the creditor, and of any witnesses that may be called by either party, and if it shall a...  


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