Public Law 385.

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(/us/pl/74/384).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Bankruptcy Act of 1898; amendment.Vol. 30, p. 544; Vol. 47, p. 1470; Vol. 48, p. 925; [U. S. C., p. 335](/us/usc/p335).Fee of conciliation commissioner; amount and payment. That section 75 of said Act, as amended, be further amended by amending the second sentence of subsection (b), so as to read as follows: “The conciliation commissioner shall receive as compensation for his services a fee of $25 for each case submitted to him, and when docketed, to be paid out of the Treasury.

” Sec. 2. Vol. 47. p. 1472; [ U. S. C., p. 335](/us/usc/p335). That section 75 of said Act, as amended, be further amended by amending subsection

(g)to read as follows: " “(g) Application for confirmation of a composition or extension proposal; filing. An application for the confirmation of a composition or extension proposal may be filed in the court of bankruptcy after, but not before, it has been accepted in writing, by a majority in number of all creditors whose claims have been allowed, including secured creditors whose claims are affected, which number shall represent a majority in amount of such claims.” " Sec. 3. Vol. 47, p. 1472; [U. S. C., p. 336](/us/usc/p336). That section 75 of said Act, as amended, be further amended by amending subsection

(k)to read as follows: " “(k) Effect of confirmation. Upon its confirmation, a composition or extension proposal shall be binding upon the farmer and his secured and unsecured *Proviso*.Secured creditors.creditors affected thereby: *Provided, however*, That such extension and/or composition shall not reduce the amount of or impair the lien of any secured creditor below the fair and reasonable market value of the property securing any such lien at the time that the extension and/or composition is accepted, but nothing herein shall prevent the reduction of the future rate of interest on all debts of the debtor, whether secured or unsecured.” " Sec. 4. Vol. 47, p. 1473; [U. S. C., p. 336](/us/usc/p336). That section 75 of said Act, as amended, be further amended by amending subsection

(n)to read as follows: " “(n) Jurisdiction of court over farmer and his property when petition filed. The filing of a petition or answer with the clerk of court, or leaving it with the conciliation commissioner for the purpose or forwarding same to the clerk of court, praying for relief under section 75 of this Act, as amended, shall immediately subject the farmer and all his property, wherever located, for all the purposes of this section, to the exclusive jurisdiction of the court, including all real or personal property, or any equity or right in any such property, including, among others, contracts for purchase, contracts for deed, or conditional sales contracts, the right or the equity of redemption where the period of redemption has not or had not expired, or where a deed of trust has been given as security, or where the sale has not or had not been confirmed, or where deed had not been delivered, at the time of filing the petition. Period of redemption or confirmation of sale; extensions authorised.“In all cases where, at the time of filing the petition, the period of redemption has not or had not expired, or where the right under a deed of trust has not or had not become absolute, or where the sale has not or had not been confirmed, or where deed had not been delivered, the period of redemption shall be extended or the confirmation of sale withheld for the period necessary for the purpose of“Period of redemption” construed. carrying out the provisions of this section. The words ‘period of redemption’ wherever they occur in this section shall include any State moratorium, whether established by legislative enactment or executive proclamation, or where the period or redemption has beenJurisdiction and powers of court hereunder. extended by a judicial decree. In proceedings under this section, except as otherwise provided herein, the jurisdiction and powers943 of the courts, the title, powers, and duties of its officers, the duties of the farmer, and the rights and liabilities of creditors, and of all persons with respect to the property of the farmer and the jurisdiction of the appellate courts, shall be the same as if a voluntary petition for adjudication had been filed and a decree of adjudication had been entered on the day when the farmer’s petition, asking to be adjudged a bankrupt, was filed with the clerk of court or left with the conciliation commissioner for the purpose of forwarding same to the clerk of court.” " Sec. 5. That section 75 of said Act, as amended, be further Vol. 47, p. 1473; [U. S. C., p. 336.](/us/usc/p336)amended by amending subsection

(p)to read as follows: " “(p) The prohibitions of subsection

(o)shall apply to all judicial Application of enumerated prohibitions.or official proceedings in any court or under the direction of any official, and shall apply to all creditors, public or private, and to all of the debtor’s property, wherever located. All such property shall be under the sole jurisdiction and control of the court in bankruptcy, and subject to the payment of the debtor farmer’s creditors, as provided for in section 75 of this Act.” " Sec. 6. That section 75 of said Act, as amended, be further amended by adding a new subsection (s), after subsection (r), to read as follows: " “(s) Any farmer failing to obtain the acceptance of a majority Amendment of petition or answer.in number and amount of all creditors whose claims are affected by a composition and/or extension proposal, or if he feels aggrieved by the composition and/or extension, may amend his petition or answer, asking to be adjudged a bankrupt. Such farmer may, at the same Petition for appraisal of property.time, or at the time of the first nearing, petition the court that all of his property, wherever located, whether pledged, encumbered, or unencumbered be appraised, and that his unencumbered exemptions, and unencumbered interest or equity in his exemptions, as prescribed by State law, be set aside to him, and that he be allowed to retain possession, under the supervision and control of the court, of any part or parcel or all of the remainder of his property, including his encumbered exemptions, under the terms and conditions set forth in this section. Upon such a request being made, the referee, under Appointment of appraisers.the jurisdiction of the court, shall designate and appoint appraisers, as provided for in this Act. Such appraisers shall appraise all of Duties.the property of the debtor, wherever located, at its then fair and reasonable market value. The appraisals shall be made in all other respects with rights of objections, exceptions, and appeals, in accordance with this Act: *Provided*, That in proceedings under this section,*Proviso*.Time for filing objections, exceptions, etc. either party may file objections, exceptions, and take appeals within four months from the date that the referee approves the appraisal. “(1) After the value of the debtor’s property shall have been fixedOrder setting aside unencumbered exemptions.by the appraisal herein provided, the referee shall issue an order setting aside to such debtor his unencumbered exemptions, and his unencumbered interest or equity in his exemptions, as prescribed by the State law, and shall further order that the possession, under the supervision and control of the court, of any part or parcel or all of Property to remain in debtor.the remainder of the debtor’s property shall remain in the debtor, as herein provided for, subject to all existing mortgages, liens, pledges, or encumbrances. All such existing mortgages, liens, pledges, or encumbrances shall remain in full force and effect, and the property covered by such mortgages, liens,Status of existing mortgages, liens, etc. pledges, or encumbrances shall be subject to the payment of the claims of the secured creditors, as their interests may appear. 944 “(2) Stay of proceedings against debtor. When the conditions set forth in this section have been complied with, the court shall stay all judicial or official proceedings in any court, or under the direction of any official, against the debtor or Rental payments.any of his property, for a period of three years. During such three years the debtor shall be permitted to retain possession of all or any part of his property, in the custody and under the supervision and control of the court, provided he pays a reasonable rental semiannually for that part of the property of which he retains possession. Time of making.The first payment of such rental shall be made within one year of the date of the order staying proceedings, the amount and kind of such rental to be the usual customary rental in the community where the property is located, based upon the rental value, net income, and Manner of payment; distribution.earning capacity of the property. Such rental shall be paid into court, to be used, first, for payment of taxes and upkeep of the property, and the remainder to be distributed among the secured and unsecured creditors, and applied on their claims, as their interests Sale of unexempt perishable property.may appear. The court, in its discretion, if it deems it necessary to protect the creditors from loss by the estate, and/or to conserve the security, may order sold any unexempt perishable property of the debtor, or any unexempt personal property not reasonably necessary for the farming operations of the debtor, such sale to be had at Payments on principal.private or public sale, and may, in addition to the rental, require payments on the principal due and owing by the debtor to the secured or unsecured creditors, as their interests may appear, in accordance with the provisions of this Act, and may require such payments to be made quarterly, semiannually, or annually, not inconsistent with the protection of the rights of the creditors and the debtor’s ability to pay, with a view to his financial rehabilitation. “(3) Payment of appraised value.At the end of three years, or prior thereto, the debtor may pay into court the amount of the appraisal of the property of which he retains possession, including the amount of encumbrances on his exemptions, up to the amount of the appraisal, less the amount paid *Provisos*.Reappraisals.on principal: *Provided*, That upon request of any secured or unsecured creditor, or upon request of the debtor, the court shall cause a reappraisal of the debtor’s property, or in its discretion set a date for hearing, and after such hearing, fix the value of the property, Payment of amount determined by reappraisal.in accordance with the evidence submitted, and the debtor snail then pay the value so arrived at into court, less payments made on the principal, for distribution to all secured and unsecured creditors, as their interests may appear, and thereupon the court shall, by an order, turn over full possession and title of said property, free and Sale of property at public auction upon request of secured creditor.Redemption.clear of encumbrances to the debtor: *Provided*, That upon request in writing by any secured creditor or creditors, the court shall order the property upon which such secured creditors have a lien to be sold at public auction. The debtor shall have ninety days to redeem any property sold at such sale, by paying the amount for which any such property was sold, together with 5 per centum per annum interest, into court, and he may apply for his discharge, as provided for by Limitation.this Act. If, however, the debtor at any time fails to comply with the provisions of this section, or with any orders of the court made pursuant to this section, or is unable to refinance himself within three years, the court may order the appointment of a trustee, and order the property sold or otherwise disposed of as provided for in this Act. 945 “(4) The conciliation commissioner, appointed under subsection Conciliation commisioner; authority.(a) of section 75 of this Act, as amended, shall continue to act, and act as referee, when the farmer debtor amends his petition or answer, asking to be adjudged a bankrupt under the provisions of subsection

(s)of section 75 of this Act, and continue so to act until the case has been finally disposed of. The conciliation commissioner,Fee. as such referee, shall receive such an additional fee for his services as may be allowed by the court, not to exceed $35 in any ease, to be paid out of the bankrupt’s estate. No additional fees or costs of Restriction on additional costs to farmer. administration or supervision of any kind shall be charged to the farmer debtor when or after he amends his petition or answer, asking to be adjudged a bankrupt, under subsection

(s)of section 75 of this Act, hut all such additional filing fees or costs of administration or supervision shall be charged against the bankrupt’s estate. Conciliation Franking privilege.commissioners and referees appointed under section 75 of this Act shall be entitled to transmit in the mails, free of postage, under cover of a penalty envelope, all matters which relate exclusively to the business of the courts, including notices to creditors. If, at the time that the farmer debtor amends his petition or Status of receiver when petition or answer amended.answer, asking to be adjudged a bankrupt, a receiver is in charge of any of his property, such receiver shall be divested of possession, and the property returned to the possession of such farmer, under the provisions of this Act. The provisions of this Act shall be heldApplication of provisions. to apply also to partnerships, common, entirety, joint, community ownerships, or to farming corporations where at least 75 per centum of the stock is owned by actual farmers, and any such parties may join in one petition. “(5) This Act shall be held to apply to all existing cases now Application of Act to pending cases.pending in any Federal court, under this Act, as well as to future cases; and all cases that have been dismissed by any conciliation commissioner, referee, or court because of the Supreme Court decision holding the former subsection

(s)unconstitutional, shall be Vol. 48, p. 1279.promptly reinstated, without any additional filing fees or charges. Any farm debtor who has filed under the General Bankruptcy Act may take advantage of this section upon written request to the court; and a previous discharge of the debtor under any other section of this Act shall not be grounds for denying him the benefits of this section. “(6) This Act is hereby declared to be an emergency measure and Emergency nature of Act.if in the judgment of the court such emergency ceases to exist in its locality, then the court, in its discretion, may shorten the stay of proceedings herein provided for and proceed to liquidate the estate. " Approved, August 28, 1935. To provide for the appointment of an additional district judge in the United States District Court for the Eastern District of New York. 1935-08-28 793 Chapter 49 Stat. 945 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 793.] AN ACT To provide for the appointment of an additional district judge in the United States District Court for the Eastern District of New York. August 28, 1935.[[S. 3414.](/us/bill/74/s/3414)][[Public, No. 385](/us/pl/74/385).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President U. S. District Court Eastern District of New York.Appointment of additional judge.of the United States be, and he is hereby, authorized and directed to appoint, by and with the advice and consent of the Senate, an additional district judge in the United States District Court for the Eastern District of New York. Approved, August 28, 1935. To provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes. 1935-08-28 794 Chapter 49 Stat. 946 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public 946 [CHAPTER 794.] AN ACT To provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes. August 28, 1935.[[[H. R. 7167](/us/bill/74/hr/7167).][

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