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Bankruptcy Act of 1898

June 1960 amendment of the Bankruptcy Act of 1898 (Pub. L. 86-519)


Act of June 12, 1960, Pub. L. 86-519, 74 Stat. 217

An Act To amend section 57a of the Bankruptcy Act (11 U.S.C. 93(a)) and section 152, title 18, United States Code

Eighty-Sixth Congress, Session II · Approved June 12, 1960

Rewrites section 57a on proofs of claim. A proof of claim is a written statement signed by the creditor setting forth the claim, the consideration, any securities held, any payments made, and that the claim is justly owing; and a proof filed in accordance with the Act, the General Orders of the Supreme Court and the official forms is prima facie evidence of the validity and amount of the claim even though not verified under oath. Section 2 conforms the false-claim paragraph of 18 U.S.C. 152.

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph a of section 57 of the Bankruptcy Act (11 U.S.C. 93(a)) is amended to read as follows:

“a. A proof of claim shall consist of a statement, in writing and signed by a creditor, setting forth the claim; the consideration therefor; whether any and, if so, what securities are held therefor; and whether any and, if so, what payments have been made thereon; and that the claim is justly owing from the bankrupt to the creditor. A proof of claim filed in accordance with the requirements of the Bankruptcy Act, the General Orders of the Supreme Court, and the official forms, even though not verified under oath, shall constitute prima facie evidence of the validity and amount of the claim.”

Sec. 2. That paragraph 3 of section 152, title 18, United States Code, is amended to read as follows:

“Whoever knowingly and fraudulently presents any false claim for proof against the estate of a bankrupt, or uses any such claim in any bankruptcy proceeding, personally, or by agent, proxy, or attorney, or as agent, proxy, or attorney; or”.

Approved June 12, 1960.