Act of June 23, 1959, Pub. L. 86-64, 73 Stat. 109
An Act To amend sections 1, 18, 22, 331, and 631 of the Bankruptcy Act (11 U.S.C. 1, 41, 45, 731, 1031) to provide for automatic adjudication and reference in certain cases
Eighty-Sixth Congress, Session I · Approved June 23, 1959
Makes adjudication and reference automatic in most cases. It redefines “adjudication” in section 1(2) as a determination “whether by decree or by operation of law” that a person is a bankrupt, and “date of adjudication” in section 1(12) to include the date of filing of a petition that operates as an adjudication. It repeals section 18f and replaces it with a new 18f under which the filing of a voluntary petition under chapters I to VII (other than a partnership petition filed by fewer than all the partners) itself operates as an adjudication “with the same force and effect as a decree of adjudication,” so no decree by the judge is needed. And it rewrites sections 22a, 331 and 631 so that the clerk, “unless the judge or judges direct otherwise,” refers every case under chapters I to VII, XI and XIII, and every chapter XI and XIII proceeding, to a referee as a matter of course.
This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.
United States Statutes at Large (PDF, 1 page) (opens in a new tab) Unofficial transcription (PDF, 2 pages) (opens in a new tab)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) paragraph (2) of section 1 of the Bankruptcy Act (11 U.S.C. 1) is amended to read as follows:
“(2) ‘Adjudication’ shall mean a determination, whether by decree or by operation of law, that a person is a bankrupt;”.
(b) Paragraph (12) of such section is amended to read as follows:
“(12) ‘Date of adjudication’ shall mean the date of the filing of any petition which operates as an adjudication, or the date of entry of a decree of adjudication, or if such decree is appealed from, then the date when such decree is finally confirmed or the appeal is dismissed;”.
Sec. 2. (a) Subdivision f of section 18 of the Bankruptcy Act (11 U.S.C. 41), as amended, is hereby repealed.
(b) Subdivision g of such section is hereby relettered subdivision f and amended to read as follows:
“f. The filing of a voluntary petition under chapters I to VII of this Act, other than a petition filed in behalf of a partnership by less than all of the partners, shall operate as an adjudication with the same force and effect as a decree of adjudication.”
Sec. 3. Subdivision a of section 22 of the Bankruptcy Act (11 U.S.C. 45a) is hereby amended to read as follows:
“a. Unless the judge or judges direct otherwise, the clerk shall refer to a referee all cases filed under chapters I to VII, chapter XI, and chapter XIII of this Act.”
Sec. 4. Section 331 of the Bankruptcy Act (11 U.S.C. 731) is hereby amended to read as follows:
“Sec. 331. The clerk shall, unless the judge or judges direct otherwise, refer the proceeding to a referee.”
Sec. 5. Section 631 of the Bankruptcy Act (11 U.S.C. 1031) is hereby amended to read as follows:
“Sec. 631. The clerk shall, unless the judge or judges direct otherwise, refer the proceeding to a referee.”
Approved June 23, 1959.