Page:Harvard Law Review Volume 5.djvu/227

HARVARD LAW REVIEW. VOL. V. DECEMBER 15, 1891. NO. 5. THE VALIDITY OF ATTACHMENTS MADE ABROAD BY CREDITORS OF AN INSOLVENT DEBTOR. IN a widely extended business it frequently happens that the assets of the business are situated in several jurisdictions and debts are due to and by citizens of several countries ; so that upon the bankruptcy of those carrying on the business, difficult ques- tions arise concerning the effect in foreign jurisdictions of the action of the bankruptcy court of the bankrupts' domicile. Such questions have been discussed by writers on international law and the conflict of laws for a long time, and many points have become settled either by statutory provisions or by judicial de- cisions. Thus in all civilized countries foreign creditors stand on quite or nearly the same footing as domestic ones, as regards the proof of claims. And on the continent of Europe generally, on proof that judgment of bankruptcy has been rendered against the debtor in his domicile, foreign courts will order payment or de- livery of the debtor's property situated within their jurisdiction to the assignees in bankruptcy, free from any liens of creditors made after the bankruptcy. In England, also, so far as chattels and choses in action are concerned, the rights of a foreign assignee in bankruptcy are recognized as controlling from the date of the bankruptcy. It may happen, however, either from considerations of con-