After-acquired property-bankruptcy, Financial Accounting

Assignment Help:

AFTER-ACQUIRED PROPERTY

All property acquired by the bankrupt between the commencement of bankruptcy and his discharge passes to the trustee, except as stated above and below.

(a) Rule in Cohen v Mitchel:
Property acquired by the bankrupt after adjudication may be validly transferred by him to a third party taking in good faith and for value, before the trustee has intervened to claim the property; the bankrupt must then account to the trustee of the consideration received.

Payments to or by a banker are deemed to be for value for this purpose, but a banker who discovers that a customer is an undischarged bankrupt must not make payments out of his account without informing the trustee of its existence and seeking his instructions.

(b) Salary and other income:
The bankrupt's income from whatever source, passes to the trustee, unless otherwise provided by statute as, e.g. in the case of certain pensions.In respect of personal earnings, however the bankrupt is entitled to keep sufficient for the maintenance of himself and his family.The trustee can apply to the court for any periodical payments due to the bankrupt to be paid directly to himself.

(c) Subsequent bankruptcies:
If an undischarged bankrupt is adjudicated for a second or further time, property acquired by him after the first adjudication vests in the trustee in the subsequent bankruptcy, unless it had been distributed at the time the subsequent petition was presented.

A trustee having notice of a subsequent petition must retain after-acquired property in his possession for transfer of the trustee in the subsequent bankruptcy, and may prove for its value in that bankruptcy.


Related Discussions:- After-acquired property-bankruptcy

Financial statements, Describe the following questions:- Q.1 Explain how...

Describe the following questions:- Q.1 Explain how financial statements assist in the capital allocation process. How are financial statements limited? Which financial statement

Mathematics of investment and credits, 1) A magazine offers a one-year subs...

1) A magazine offers a one-year subscription at a cost of 15 with renewal the following year 16.50. Also offered is a two-year subscription at a cost of 28. What is the effective a

Is the emergency center a wise use of the hospital''s , Consider a not-for-...

Consider a not-for-profit hospital faced with a familiar choice: to open or not to open an emergency center in a new suburban hospital shopping mall.  The mall's developers claim t

Prepare the journal entry at the date of the bond issuance, On January 1, 2...

On January 1, 2012, Osborn Company sold 12% bonds having a maturity value of $800,000 for $860,651.79, which provides the bondholders with a 10% yield. The bonds are dated January

Compute the companys largest available depletion deduction, In May 2011, Yo...

In May 2011, Your Company purchased the rights to a natural resource for $4,125,000. The estimated recoverable units from the natural resource amount to 5,500,000 units. During the

Amalgamation of partnership, Please I need assistance with steps to prepare...

Please I need assistance with steps to prepare amalgamation

Auditngrol ., what type of control procedures were ignored at daiwa

what type of control procedures were ignored at daiwa

Example of abc analysis, Illustration: Dinesh Limited is looking selective...

Illustration: Dinesh Limited is looking selective control for its inventories. By using the subsequent datas, prepare the ABC plan. Items                 A           B

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd