Page:United States Statutes at Large Volume 52.djvu/966

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52 STAT.] 75TH CONG., 3D SESS. -CH. 575-JUNE 22, 1938 directing that the bankruptcy be proceeded with pursuant to the provisions of this Act; or "(2) where the petition was filed under section 422 of this Act, Antep. 918. enter an order upon hearing after notice to the debtor, the creditors, and such other persons as the court may direct, either adjudging the debtor a bankrupt and directing that bankruptcy be proceeded with pursuant to the provisions of this Act or dismissing the proceeding under this chapter, whichever in the opinion of the court may be in the interest of the creditors. "SEC. 482. Where the court has retained jurisdiction after the con- Default by firmation of an arrangement and the debtor defaults in any of the trmination. terms thereof or the arrangement terminates by reason of the hap- pening of a condition specified in the arrangement, the court upon hearing after notice to the debtor, the creditors and such other persons as the court may direct shall- "(1) where the petition has been filed under section 421 of this Antep. 918. Act, enter an order dismissing the proceeding under this chapter and adjudging the debtor a bankrupt and directing that the bankruptcy proceeding be proceeded with pursuant to the provisions of this Act; or "(2) where the petition has been filed under section 422 of this Aetp.-18 Act, enter an order either adjudging the debtor a bankrupt and directing that bankruptcy be proceeded with pursuant to the provi- sions of this Act or dismissing the proceeding under this chapter, whichever in the opinion of the court may be in the interest of the creditors. "SEC. 483. Upon the entry of an order directing that bankruptcy Entry of or recting bankrul be proceeded with- be proceeded "(1) in the case of a petition filed under section 421 of this Act, Antep.918 . the bankruptcy proceeding shall be deemed reinstated and there- after shall be conducted, so far as possible, as if such petition under this chapter had not been filed; and "(2) in the case of a petition filed under section 422 of this Act, Ante, p. 18. the proceeding shall thereafter be conducted, so far as possible, in the same manner and with like effect as if a voluntary petition for adjudication had been filed and a decree of adjudication had been entered on the day when such original petition under this chapter was filed. "SEC. 484. No adjudication shall be entered under this chapter Wage ecane farmers, cons( against a wage earner or farmer unless such person shall in writing adjdlication. filed with the court consent to the adjudication. "SEC. 485. Upon the dismissal of a proceeding originated by a Fin decree. petition filed under section 422 of this Act, the court shall enter Ante, p. 98. a final decree discharging the trustee, if any, and closing the estate. debtor ation; der di- ptcy to ith. rs and et to " ARTICLE XI-COMPENSATION AND ALLOWANCES "SEC. 491. The judge may allow reasonable compensation for services rendered and reimbursement for proper costs and expenses incurred in a proceeding under this chapter- "(1) by a referee; "(2) by the trustee and other officers, and the attorneys for any of them; and "(3) by the attorney for the debtor. "Such compensation of referees and trustees shall not be governed by sections 40 and 48 of this Act. "SEC. 492. The judge may allow reasonable compensation for services rendered and reimbursement for proper costs and expenses incurred in connection with the administration of an estate in a Compensation and allowances. Ante, pp . 859, 861 . Administration of estate. 925