Volume 73
Public Law 86–64
To amend sections 1, 18, 22, 331, and B31 of the Bankruptcy Act (11 U.S.C. 1, 41, 45, 731, 1031) to provide for automatic adjudication and reference in certain cases.
Approved June 23, 1959
Statutory text
AN ACT
To amend sections 1, 18, 22, 331, and B31 of the Bankruptcy Act (11 U.S.C. 1, 41, 45, 731, 1031) to provide for automatic adjudication and reference in certain cases.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
paragraph (2) of section 1 of the Bankruptcy Act (11 U.S.C. 1) is amended to read as follows:
“(2) ‘Adjudication’ shall mean a determination, whether by decree or by operation of law, that a person is a bankrupt;”.
Paragraph (12) of such section is amended to read as follows:
“(12) ‘Date of adjudication’ shall mean the date of the filing of any petition which operates as an adjudication, or the date of entry of a decree of adjudication, or if such decree is appealed from, then the date when such decree is finally confirmed or the appeal is dismissed”.
Sec. 2.
Subdivision f of section 18 of the Bankruptcy Act
Repeal.
(11 U.S.C. 41), as amended, is hereby repealed.
Subdivision g of such section is hereby relettered subdivision f and amended to read as follows:
“f. The filing of a voluntary petition under chapters I to VII of this Act, other than a petition filed in behalf of a partnership by less than all of the partners, shall operate as an adjudication with the same force and effect as a decree of adjudication.”
Sec. 3.
Subdivision a of section 22 of the Bankruptcy Act (11
U.S.C. 45a) is hereby amended to read as follows:
“a. Unless the judge or judges direct otherwise, the clerk shall refer to a referee all cases filed under chapters I to VII, chapter XI, and chapter XIII of this Act.”
Sec. 4.
Section 331 of the Bankruptcy Act (11 U.S.C. 731) is hereby
amended to read as follows:
“Sec. 331.
The clerk shall, unless the judge or judges direct otherwise, refer the proceeding to a referee.”
Sec. 5.
Section 631 of the Bankruptcy Act (11 U.S.C. 1031) is
hereby amended to read as follows:
“Sec. 631.
The clerk shall, unless the judge or judges direct otherwise, refer the proceeding to a referee.”
Approved June 23, 1959.