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Current as of January 01, 2022 | Updated by FindLaw Staff
Upon the hearing of the rule, which shall be at the bar of the court, and at which the petitioner shall answer all questions put to him, and shall produce all papers and books required of him, if it shall appear to the court that the petitioner has duly assigned all his property for the benefit of his creditors, that he has not violated any of the provisions of this act, and that all the claims against him would be discharged by the creditors accepting a dividend, as by this act provided, the court shall forthwith discharge him from arrest; and he shall not thereafter be liable to arrest in said proceedings, or upon any claim existing at that time, unless upon petition to said court, and with notice to the insolvent, it shall afterwards be made to appear that, under this act, he should have been or should be imprisoned. If, however, he shall refuse to answer relevant questions, or to produce his books and papers, or it shall appear that he has violated any of the provisions of this act, or that any of the claims against him would not be discharged by the creditors accepting a dividend, as by this act provided, he shall be discharged from arrest only upon undergoing such imprisonment not exceeding ninety days, as the court shall require. If the petitioner fails to give notice as required, or to appear, or to surrender himself within forty-eight hours, or to comply with the decrees of the court or the provisions of this act, his bond shall thereby be forfeited; and recovery may be had thereon by the assignee, for the use of all the creditors of the insolvent, and he may be re-arrested by an alias or pluries writ. A surrender, to be valid, must be accompanied by a certified copy of the order of the court, or of the writ under which the arrest was originally made. The assignment, once made, shall proceed in the usual course.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 39 P.S. Insolvency and Assignments § 7. Hearing; discharge; forfeiture of bond; requisites of valid surrender - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-39-ps-insolvency-and-assignments/pa-st-sect-39-7/
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