Page:United States Statutes at Large Volume 52.djvu/930

This page needs to be proofread.

52 STAT.] 75TH CONG. , 3D SESS.-CH. 575-JUNE 22, 1938 "SEC. 161. The judge shall fix a time of hearing, to be held not Hearing. less than thirty days and not more than sixty days after the approval of the petition, of which hearing at least thirty days' notice shall be given by mail to the creditors, stockholders, indenture trustees, the Securities and Exchange Commission and such other persons as the judge may designate, and, if directed by the judge, by publica- tion in such newspaper or newspapers of general circulation as the judge may designate. "SEC. 162. At the hearing required by section 161 of this Act, Function of hearing, or at any adjournment thereof, or, upon application, at any other time, the judge may hear objections to the continuance of the debtor in possession, or to the retention in office of a trustee upon the ground that he is not qualified or not disinterested as provided in section 158 of this Act. "SEC. 163. Upon the approval of a petition, where the debtor Filing of schedules. is continued in possession, the debtor shall, at the expense of the estate, prepare, make oath to, and file in court, within such time as the court shall fix- "(1) a schedule of its property, showing the location, quantity, and money value thereof; "(2) a schedule of its creditors of each class, showing the amounts and character of their claims and securities and, so far as known, the name and post-office address or place of business of each creditor; and "(3) a schedule of its stockholders of each class showing the number and kind of shares registered in the name of each stock- holder, and the last-known post-office address or place of business of each stockholder. "SEC. 164. Upon the approval of a petition, where a debtor is not Listofcreditorsand continued in possession, the court shall fix a time within which the dtebtko 0 r o the trustee shall prepare and file in court a list of the creditors of each class, showing the amounts and character of their claims and securities and, so far as known, the name and the post-office address or place of business of each creditor; and a list of the debtor's stockholders of each class, showing the number and kind of shares registered in the name of each stockholder and the last-known post-ofice address or place of business of each stockholder. "SEC. 165. If in any case it appears that a person, other than the Duty of other per- debtor or its trustee, has in his possession or under his control a list ists, ottc.o such of security holders of the debtor or information in respect to their names, addresses, or the securities held by any of them, and such list or information is necessary in order to disclose the names and addresses of the beneficial owners of such securities, or to prepare or complete the schedules required to be filed under section 163 of this Act or the lists required to be filed under section 164 of this Act, the court shall direct such person, after a hearing upon notice to him, to produce such list or a true and correct copy thereof, or to furnish such information, or to permit the inspection or use thereof, as may be deemed by the court necessary for the foregoing purposes. "SEC. 1(6. The court may, upon cause shown, direct the impound- se of lists, etc., by trustee, creditor, or ing of the schedules, lists, copies, or information filed under sections stockholder. or 163, 164, and 165 of this Act, but shall permit their inspection or use by the trustee, any indenture trustee or any creditor or stockholder upon such terms as the court may prescribe: Provided, That the Pr of pe court may refuse to permit such inspection by any creditor or stock- sio to ospect.r holder who acquired his claim or stock within three months preceding the filing of the petition under this chapter or during the pendency of the proceeding. 889