The Law Of Debtors And Creditors

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 Debtors and Creditors, 2013 Casebook Supplement, Sixth Edition

In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.

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.