Page:United States Statutes at Large Volume 52.djvu/926

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52 STAT.] 75TH CONG. , 3D SESS.-CI. 575-JUNE 22, 1938 "(1) permit the rejection of executory contracts of the debtor, except contracts in the public authority, upon notice to the parties to such contracts and to such other parties in interest as the judge may designate; "(2) authorize a receiver, trustee, or debtor in possession, upon such notice as the judge may prescribe and upon cause shown, to issue certificates of indebtedness for cash, property, or other consideration approved by the judge, upon such terms and con- ditions and with such security and priority in payment over existing obligations, secured or unsecured, as in the particular case may be equitable; "(3) authorize a receiver or a trustee or a debtor in possession, upon such notice as the judge may prescribe and upon cause shown, to lease or sell any property of the debtor, whether real or personal, upon such terms and conditions as the judge may approve; and "(4) in addition to the relief provided by section 11 of this Act, enjoin or stay until final decree the commencement or continuation of a suit against the debtor or its trustee or any act or proceeding to enforce a lien upon the property of the debtor. "SEC. 117 . The judge may, at any stage of a proceeding under this chapter, refer the proceeding to a referee in bankruptcy to hear and determine any or all matters not reserved to the judge by the pro- visions of this chapter, or he may refer the proceeding to a special master, who may be a referee in bankruptcy, to hear and report generally or upon specified matters. The appointment of a receiver in a proceeding under this chapter shall be by the judge. "SEC. 118. The judge may transfer a proceeding under this chapter to a court of bankruptcy in any other district, regardless of the location of the principal assets of the debtor or its principal place of business, if the interests of the parties will be best served by such transfer. "SEC. 119. Whenever under this chapter the court is required or permitted to fix a time for any purpose, the court may upon cause shown extend such time. "SEC. 120. Whenever notice is to be given under this chapter, the court shall designate, if not otherwise specified hereunder, the time within which, the persons to whom, and the form and manner in which the notice shall be given. Any notice to be given under this chapter may be combined, whenever feasible, with any other notice or notices to be given under this chapter. "SEC. 121. Where not inconsistent with the provisions of this chapter, the jurisdiction of appellate courts shall be the same as in a bankruptcy proceeding. "ARTTCLF. IV-PETITION 885 Rejection of execu- tory contracts; excep- tion. Issuance of certifi- cates of indebtedness. Sale or lease of debtor's property. Enjoin or stay pro- ceedings against debt- or's property. Ante, p. 849. Reference of pro- ceeding to referee or special master. Appointment of re- ceiver. Transfer of proceed- ing to a court of bank- ruptcy in another dis- trict. Time extensions. Designation of time, form, manner of notices. Appellate court jur- isdiction. Petition. "SEC. 126. A corporation, or three or more creditors who have Whomayflle. claims against a corporation or its property amounting in the aggre- gate to $5,000 or over, liquidated as to amount and not contingent as to liability, or an indenture trustee where the securities outstand- ing under the indenture are liquidated as to amount and not con- tingent as to liability, may, if no other petition by or against such corporation is pending under this chapter, file a petition under this chapter. "SEC. 127. A petition may be filed in a pending bankruptcy pro- Pending proceed- ceeding either before or after the adjudication of a corporation. tions.