act-1941-0-339•Pennsylvania Act 1941-339 — TAX LIEN DISCHARGE UNDER BANKRUPTCY ACT
Pennsylvania Act 1941-339 — TAX LIEN DISCHARGE UNDER BANKRUPTCY ACT
act-1941-0-3391941 Pa. Act 339Law
Act text
TAX LIEN DISCHARGE UNDER BANKRUPTCY ACT
Act of Aug. 11, 1941, P.L. 894, No. 339 Cl. 53
AN ACT
Authorizing political subdivisions to accept in full payment of
municipal claims, taxes, penalties, interests and costs such
amount as may be fixed for the discharge thereof in
proceedings under the National Bankruptcy Act.
Whereas, during the years of the economic depression many
corporations and individuals became insolvent or unable to pay
their debts as they matured and are now or may hereafter be in
the process of reorganization or arrangement proceedings under
the National Bankruptcy Act, and,
Whereas, the National Bankruptcy Act has made provision for
the fair and equitable administration and readjustment of the
affairs of such corporations and individuals under the
jurisdiction of the United States courts and with due
consideration to the relative rights and priorities of claims
and obligations of all classes, including municipal claims and
taxes against such corporations or individuals,
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Definitions.--Hereafter in this act the following
words shall be understood to have the meanings herein set forth,
unless a contrary or different meaning be clearly indicated by
the context:
(a) "Claims" shall mean municipal claims and liens, tax
claims and liens and penalties, interest and costs due thereon.
(b) "Corporation" shall mean all bodies having any of the
powers and privileges of private corporations not possessed by
individuals or partnerships and shall include partnership
associations organized under laws making the capital subscribed
alone responsible for the debts of the associations, joint stock
companies, unincorporated companies and associations and any
business conducted by a trustee or trustees wherein beneficial
interest or ownership is evidenced by certificate or other
written instrument.
Section 2. Corporate Reorganizations.--Whenever, after a
hearing duly held thereon, a plan of reorganization of any
corporation has been or shall hereafter be found to be fair and
equitable and feasible and be approved by the decree or order of
any court of competent jurisdiction pursuant to the provisions
of Chapter X of the Act of the Congress of the United States,
approved the first day of July, one thousand eight hundred
ninety-eight, entitled, "An Act to Establish a Uniform System of
Bankruptcy Throughout the United States", and the amendments and
supplements thereto, or of any similar Act of Congress, and
which plan of reorganization fixes a sum to be paid for the
discharge and satisfaction of all claims of any political
subdivisions against such corporation or its property, which sum
may be less than the total amount of such claims, but shall be
determined by such court to be not less than the net amount
which could be realized at a tax sale of the real property
against which such taxes may be or might become a lien or by
enforced collection against such corporation, then and in such
event the tax levying body of any political subdivision shall
have power to file its written acceptance of said plan of
reorganization, accompanied by a copy of the ordinance or
resolution authorizing the acceptance of such plan, in the court
having jurisdiction of the proceedings for the reorganization of
such corporation, and to accept in full satisfaction and
discharge of such claims as may constitute claims against such
corporation, and in full satisfaction and discharge of the liens
of any such claims as may constitute liens against the property
of such corporation, the amount so fixed by the court in said
plan of reorganization. Such satisfaction and discharge shall
not constitute a satisfaction and discharge of any liability of
any person other than such corporation with respect to such
claims. Upon the payment over to the political subdivision of
the amount so fixed the tax levying body of such political
subdivision shall cause satisfaction to be entered on the proper
record for such claims.
Section 3. Arrangement Proceedings by Persons Other Than
Corporations.--Whenever any arrangement respecting a person
other than a corporation has been or shall hereafter be proposed
pursuant to the provisions of Chapter XII of the Act of the
Congress of the United States, approved the first day of July,
one thousand eight hundred ninety-eight, entitled, "An Act to
Establish a Uniform System of Bankruptcy Throughout the United
States", and the amendments and supplements thereto, or of any
similar Act of Congress, which arrangement fixes a sum to be
paid for the discharge and satisfaction of all claims due by
such person to any political subdivision, which sum may be less
than the total amount of such claims, but shall be not less than
the net amount which could be realized at a tax sale of the real
property against which such taxes may be or might become a lien
or by enforced collection against such person, then and in such
event the tax levying body of any political subdivision shall
have power to file its written acceptance of said arrangement,
accompanied by a copy of the ordinance or resolution authorizing
the acceptance of such arrangement in the court having
jurisdiction of the proceeding for such arrangement, and, upon
confirmation by such court of such arrangement, shall accept in
full satisfaction for such claims the amount so fixed in said
arrangement. Upon payment over to the political subdivision of
the amount so fixed the tax levying body of such political
subdivision shall cause satisfaction to be entered on the proper
record for such claims.
Section 4. Effective Date.--This act shall become effective
immediately upon final enactment.
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