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Home » Law Dictionary » B » BANKRUPT

BANKRUPT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A person who has committed an act of bankruptcy; one who has done some act or suffered some act to be done in consequence of which, under the laws of his country, he is liable to be proceeded against by his creditors for the seizure and distribution among them of his entire property. Ashby v. Steere, 2 Woodb. & M. 347, 2 Fed. Oas. 15; In re Scott, 21 Fed. Oas. 803; U. S. v. Pusey, 27 Fed. Cas. 632. A trader who secretes himself or does certain other acts tending to defraud his creditors. 2 Bl. Comm. 471. In a looser sense, an insolvent person; a broken up or ruined trader. Everett v. Stone, 3 Story, 453, Fed. Gas. No. 4,577. A person who, by the formal decree of a court, has been declared subject to be proceeded against under the bankruptcy laws, or entitled, on his voluntary application, to take the benefit of such laws.

Law Dictionary – Alternative Legal Definition

A person who has done, or suffered some act to be done, which is by law declared an act of bankruptcy; in such case he may be declared a bankrupt. 2. It is proper to notice that there is much difference between a bankrupt and an insolvent. A man may be a bankrupt, and yet be perfectly solvent; that is, eventually able to pay all his debts or, he may be insolvent, and, in consequence of not having done, or suffered, an act of bankruptcy. He may not be a bankrupt. Again, the bankrupt laws are intended mainly to secure creditors from waste, extravagance, and mismanagement, by seizing the property out of the hands of the debtors, and placing it in the custody of the law; whereas the insolvent laws only relieve a man from imprisonment for debt after he has assigned his property for the benefit of his creditors. Both under bankrupt and insolvent laws the debtor is required to surrender his property, for the benefit of his creditors. Bankrupt laws discharge the person from imprisonment, and his property, acquired after his discharge, from all liabilities for his debts insolvent laws simply discharge the debtor from imprisonment, or liability to be imprisoned, but his after-acquired property may be taken in satisfaction of his former debts.

Related Posts:

  • BANKRUPTCY
  • ACT OF BANKRUPTCY
  • PREFERENCE
  • RESPONSIBILITY
  • INSOLVENT
  • DEBTOR

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