i '■■•^lliiii^ 1 1 1 1 i i: ^M ■ Ik » 231 Burns v. O'Gorman 444 Burrell v. State 282 Burt, In re 414 Bush V. Export Storage Co 460 Butterick, In re 414 Butts, In re 342, 363 c Cabus, In re 362 Cadenas & Coe, In re 274 Cagliostro v. Indelle 382 Cain, In re 30 Calhoun Co. Bank v. Cain 452 Callison, In re 30 Cambridge Lumber Co., In re 113 Camp, In re 158, 160. 243, 544 Campbell, In re 159, 230. 544 Cannon, In re 218 Carbone, In re 19 Carleton, In re 25, 41, 539, 545 Carley, in re 282, 366, 502, 503 Carmichael, In re 354 Carolina Cooperage Co., In re 191 Carpenter v. Cudd 53, 230 Carpenter v. South worth 445 Carr, In re 117, 271, 551 Carroll & Bro. Co. v. Young 323 Carter, In re 218 Carter v. Hobbs 64, 460 Carton & Co, In re 361 Carton & Co., In re A. B 398 xxii TABLE OF CASES. PAGE Carver & Co., In re 176, 438 Castleberry, In re 158, 160, 192, 275 Castle Braid Co., In re 218 Cavagnaro, In re 415 Ceballos & Co., In re 19, 25, 43, 539 Challoner, In re 226, 343 Chambers, In re 547, 549 Chambers & Calder Co., In re 177 Chandler, In re 384, 521 Chaplin, In re 401 Chapman v. Bowen 509, 555 Chase, In re 437 Chatfield et al. v. O'Dwyer et al 220 Chauncey v. Dyke Bros 323 Chavez, In re 230 Chequasset Lumber Co., In re '. 33 Chesapeake Shoe Co. v. Seldner 502 Chicago- Joplin Lead and Zinc Co., In re 29 Chicago Motor Vehicle Co. v. American Oak Leather Co 81, 82 Chicago Title and Trust Co., ex parte 523 Chilberig v. Smith 414 Chism V. Bank of Friar's Point 255 Christensen, In re 53 Christianson, In re 192 Church Construction Co., In re 124 City National Bank v. Doolittle 401 Claiborne, In re 521, 551 Clarke Coal and Coke Co., In re 316, 550 Clarke v. Larremore 429 Clark V. Henne & Mayer et al 31, 33 Clark V. Pidcock 543 Cleage v. Saidley 19 Clevenger v. Moore 470 Cliffe, In re 45, 281 Clisdell, In re 19, 27, 348 Clothier, In re 358, 552 Cobb, In re 281, 535, 551 Cobb V. Overman 225 Coburn, In re 31 Coder v. Arts 323, 454, 479 Coder v. McPherson 453 Coe, In re 50, 63, 141 Coffey, In re 453 Cogley, In re 247 Cohen, In re 146, 415, 517 Cohen v. American Surety Co 437 Cohen v. Budd 313 Cohen v. U. S 531 Cohn V. Small 451 Cohn V. U. S 531 Colaluca, In re 19 Cole. In re 169, 170, 289, 297, 342, 431, 432 Coleman v. Sherman 414 TABLE OF CASES. xxiii PAGE Cole V. Manson 268 Collier, In re 554 Colton aud Preston, In re 244 Columbia Bank v. Birkett 21, 381 Columbia Iron Works, In re 139, 144. 151, 183, 203, 217, 547 Columbia Iron "Works v. National Lead Co 29, 479, 483, 486, 515 Columbia Real Estate Co., In re 28, 30, 38, 76 Columbus Buggy Co., In re 415 Comstock, In re 401 Conboy v. National Bank 509, 555 Concord Motor Car Co., In re 29 Convoy, In re 358 Consumers' Coffee Co., In re 103, 231 Continental Corporation, In re 200 Conway et al. v. German et al 43, 81 Cook Inlet Coal Fields v. Caldwell 479, 489, 555 Cooper, In re 45, 144, 542 Cooper Bros., In re 407 Copper King, (L'td) In re 231, 427 Corbitt Buggy Co. v. Ricard 414 Courier Journal Job Print. Co. v. Brewing Co 504 Conro V. Crane 505 Couts V. Townsend Co 28 Coventry Evans Furniture Co., In re 200, 227, 275 Cox V. State Bank of Chicago 426 Cox V. Wall 460 Craddock-Terry Co., et al. v. Kaufman 178, 550 Craesinger, In re 200, 201 Craine v. Craine 363 Cramer, In re 169 Cramond, In re 203, 275 Crawford v. Burke 224 Crenshaw, In re 41, 81, 202, 281 Crescent Lumber Co., In re 225 Cresson, Clearfield Coal and Coke Co. v. Stauffer 43, 65 Crim V. Woodford 177, 481, 550 Criss, In re 366 Crist, In re - 354, 365 Criterion Watch etc. Co., In re 401 Crooks V. People's Nat. Bank of Malone 452, 454 Cross V. Evans 515 Crouse v. Whittelsey 381 Crucible Steel Co. v. Holt 413, 555 Crystal Spring Bottling Co., In re 470 Cunningham v. German Ins. Bank 490, 504, 549 Curtis, In re 31 Curtiss, Ir. re 117 Gushing, In re 225 Custard v. Wiggerson 385 xxiv TABLE OF CASES. D PACK Dalton, In re 392 Damon et al., In re 37, 227 Daniels, In re 549 Darlington, In re 413 Davidson, In re 281 Davidson & Co. v. Friedman 479, 502 Davis, In re 204, 413 Davis V. Crompton 415 Davison, In re 169, 432 Day, In re L. W 144 Day v. Beck & Gregg Hardware Co 38, 52, 53 Day ville Woolen Co., In re 144 Decker-Foster Co., In re 555 Deere Plow Co. v. Anderson 414 De Gottardi, In re 54& De Lancey Stables Co., In re 231 Deland v. Miller & Cheney Bank 452 De Lany & Co., In re 342 Delmour, In re 360 De Long, In re 342 Delta National Bank v. Easterbrook 478 Demarest, In re 160 Dempster v. Waters-Pierce Oil Co 64, 134 Devries v. Orem 275 Devries v. Shanahan 489, 504 Dexter, In re 230 Diamond, In re 348, 355 Dickas v. Barnes 23, 502, 539 Dickens, In re 432 Dickson, In re 47^ Dietz, In re 384 Dimock v. Revere Coffee Co 39g Dimm & Co., In re 275 Dinglehoof, In re 27 Disler y. McCauley 362 Dixon, In re 554 Dodge v. Kaufman 64, 381 Dodge V. Knowles 486 Dodge V. Norlin 461, 479, 502 Dokken v. Page 461 Domenig, In re 218 Doran, In re 47g Doroshow v. Ott 478 Doty, In re 218, 220, 547 Douglas Coal and Coke Co.. In re 32 Douglass & Sons Co., In re 232 Downing, In re 158 Dowaguiac Mfg. Co. v. Lochran 548 Drake, In re 28 Drayton, In re 542 TABLE OF CASES. xxv PAGE Dressel v. North Star Lumber Co 28, 35, 48, 554 Dresser, In re 200, 337, 362, 509, 521, 541, 551 Dresser & Co., In re 361 Drew V. Myers 459 Duel!, In re 432 Duffy, In re 160 Duguid, In re 19 Dunbar v. Dunbar 363 Duncan v. Ferguson-McKinney Co 158, 503 Dunlap Carpet Co., In re 225 Dunlop (Dunlop y. Mercer), In re 413 Dunlap Hardware Co. v. Huddleston 113 Dunn Hardware and Furniture Co., In re 200, 554 Dunn Salmon Co. v. Pillmore 203 Dunnigan Bros., In re 19 Dunseath & Son Co., In re 134 Duplex Radiator Co., In re 28, 43, 50 Durham Paper Co. v. Seaboard Knitting Mills 31 Duryea Power Co., In re 144 Du Vivier & Co. v. Galilee 227 Dwyer, In re 19 E Eades, In re 359, 361 Eagles & Crisp, In re 144 Easley, In re 429 Eastern Commission and Importing Co., In re 342 Eastlake, In re 144, 542 Eau Claire Nat. Bank v. Jackman 511 Eberspacher v. Boehm 381 Edelstein v. U. S 28, 64, 202 Edens & Co., In re 226 Edes, In re 311, 545 Edinburg Coal Co. v. Humphrey 90, 523 Eggert, In re 453, 502 Eidemiller, In re 19 Eisenberg, In re 19, 407 Elby, In re 367, 684 Eldred, In re 272, 369 Eliowich, In re 414 Elkind & Schwartz, In re 349 Elliott V. Toeppner 52, 479, 501, 511 Ellis, In re 31, 159, 243, 544 Ellis Bros. Printing Co., In re I74 Ellithorpe, In re 160 Ellsworth Co., In re Edward 32 Elmira Steel Co., In re 27, 538, 539 Embry v. Bennett 218 Empire Construction Co., In re 337 Empire Metallic Bedstead Co., In re 33 Ennis & Stoppani, In re 262, 389 xivi TABLE OF CASES, PAGE Epstein, In re 169, 412, 554 Equitable Loan and Security Co. v. Moss & Co 247 Erie Lumber Co., In re 103, 128 Eschwege & Cohn, In re 192 Etheridge Furniture Co., In re 89 Ethier, In re 333 Euclid Nat. Bank v. Union Trust Co 503 Eureka Furniture Co., In re 470 Eurick's Fort Hamilton Brewery, In re 174 Evans, In re 161 Ewing, In re 45 Excelsior Cafe Co., In re 29 F Fabian, In re 413 Fagan, In re 201 Fahy, In re ." 377 Falter v. Reinhard 144, 145, 542 Fanning, In re 362 Faulk, T. S. & Co. v. Steiner et al 90, 548 Faulkner, In re 200 Fechter v. Postel 343, 362, 381 Feigenbaum, In re 19, 64 Feldser, In re 169 Fellerman, In re 283, 431 Fellows V. Freudenthal 367 Felsen, In re 117 Felson, In re 169, 192, 275, 554 Fenley v. Poor 203 Fidelity Ins. Co. v. Roanoke Iron Co 128 Fidler & Son, In re E. J 183, 264 Field & Co., Marshall, v. Wolf Bros. Dry Goods Co 399 Field V. U. S 531 Fife, In re 521, 551 Filer, In re 27, 225 Finlay, In re 217, 547 Finley Bros., In re 200 Finnegan v. Hull 362 Firestone Tire and Rubber Co. v. Agnew et al 381, 470 First National Bank of Beaumont v. Eason 203 First National Bank of Belle Fourche, In re 29, 64 First National Bank of Chicago, ex parte 523 First National Bank of Chicago v. Chicago Title and Trust Co 501, 503, 525 First National Bank of Denver v. Klug 479, 515, 555 First National Bank of Louisville, Ky., In re 452 First National Bank of Miles City v. State National Bank 479, 481, 503 First National Bank v. Lasater 248 First National Bank v. Peavey 550 First National Bank of Pittsburg v. Guarantee Title and Trust Co 415 First National Bank of Wilkesbarre v. Barnum 28 TABLE OF CASES. xxvii PAGE First State Bank of Corwith v. Haswell 82 Fischer, In re 117 Fishblatte Clothing Co., In re 30 Fisher, In re 145, 157, 159, 160, 541, 550 Fisher & Co., In re 230, 326, 333, 392 Fisher v. Cushman 503 Fitch V. Richardson 547 Fixen, In re 89, 106, 281, 282, 431 Flanders, In re 343 Flanders v. Mullin 362 Fleischer, In re 281, 555 Fletcher, In re 158 Flickenger v. First National Bank of Vandalia 484, 485, 486, 490 Flint Hill Stone and Construction Co., In re 31, 32 Florcken, In re 89, 95, 542 Floyd, Crawford & Co., In re 342, 343 Floyd, In re W. J 225 Flynn, In re 392 Forbes, In re 25, 324, 539 Foreman v. Burleigh 481 Forsyth v. Hammond 525 Forth, In re 375 Fortunate, In re 342 Foss, In re 177, 461, 549 Fowler v. Jeuks 265 Fox, In re 392, 399 Francis, In re 89 Francis v. McNeal 480 Frank, In re 354, 359 Frank-fort, In re 109 Franklin, In re 323 Franklin Lumber Co., In re 429 Franklin Syndicate, In re 282 Frank v. Dickey 117 Frank v. Vollkommer 511, 512 Frazin & Oppenheim, In re 253, 401 Frear, In re 398 Freche, In re 363 Freund, In re 25, 81, 539 Frey v. Torrey 201 Frice, In re 358 Friday v. Hall & Kaul Co 29 Friedman, In re 169, 170 Friedman v. Myers • 468 Friedrich, In re 159, 243 Friend. In re 399, 478, 480 Frischberg, In re 37 Fritz, In re 377, 384, 521 Froelich Rubber Refining Co., In re 413 Fuller & Bennett, In re 230 Fulton, In re 305 xxviii TABLE OF CASES. PAGE Fulton Club, In re 29 Funk, In re 19 Furth V. Stahl 174 G Gage Co. v. Bell 39 Galb, In re 413 Gany, In re 415 Gardner, In re 195 Garneau, In re 20, 28 Garner & Co., In re 305 Gasser, In re 358, 537, 552 Gay, In re 23 Gaylord, In re 348, 360 Geister, In re 342, 343 General Metals Co., In re 84 Gerdes, In re 323 Gerry, In re 316, 323 Gerstel, In re 169, 433 Gerstman & Bandman, In re 413 Gerson, In re 30 Getts V. Janesville Grocery Co 452, 454 Ghiglione, In re 74, 553 Gibbs, In re 159 Gift, In re 360, 361 Gilbertson v. U. S 531 Gilkin, In re 431 Gillette, In re 30 Gillette & Prentice, In re 31 Gilligan, In re (Troy Wagon Works v. Hancock) 414 Gilroy & Bloomfield, In re 174 Ginsberg, In re 356, 359, 361, 552 Girard Glazed Kid Co., In re 481 Girvin, In re 200 Gladding, In re 438 Gladding Co., In re B. H 229 Glass, In re 360, 366, 552 Gleason v. Smitb Perkins & Co 37, 81, 538, 541 Glickman & Pisnoff, In re 377 Globe, Cycle Works, In re 342 Glover Grocery Co. v. Dome 398 Godschalk Co. v. Sterling 359, 36O, 361 Godwin, In re 401 Goldberg, In re 343 Goldberg Bros., In re 231, 427 Goldman, In re 44O Goldman v. Smith 45 Goldsmith, In re 323 Goldstein, In re 283 Goldville Mfg. Co., In re 117, 191 TABLE OF CASES. xxix PAGE Good, In re 479, 503, 505 Goodale, In re 359, 360 Goodhile, In re 368 Goodman, In re 159, 541 Goodman & Brenner, In re 480 Goodman v. Curtiss 160 Goodwin, In re 192 Gordon Supply & Mfg. Co., In re 145, 183, 542 Gorman, In re 31 Gorman v. Wright 203 Graessler, In re 502 Graessler & Reich wald, In re 170, 432 Grainger, In re 550 Granite City Bank of Dell Rapids, In re 134, 322, 323 Grant, In re 356, 549, 552 Grant Shoe Co., In re F. L 30, 227 Grant Shoe Co. v. Laird 511 Gray, In re 460 Gray v. Grand Forks Mercantile Co 220, 479, 483 Greek Mfg. Co., In re 549 Green River Deposit Bank v. Craig Bros 28, 45 Gregg V. Mitchell 28 Gregory, In re 316 Griffin Bros , In re 359, 360, 384 Griffin v. Mutual Life Ins. Co 258 Grignard Lithographic Co., In re 253 Grimes, In re 20, 27, 183, 243 Grissler, In re 337 Groetzinger, In re 479, 503, 505 Gross, In re 359 Groves, In re 159, 160, 333 Gruber v. Knobloch 381 Guarantee Title & Trust Co. v. Pearlmore 106, 460 Guilbert, In re 358 Gurewitz, In re 230 Gutman, In re 342 Gutterson, In re 305, 485 H Haase, In re 362 Haack v. Theise 537 Habegger, In re 174 Hackney v. Hargreaves Bros 453 Haeseler-Kohlhoff Carbon Co., In re 74, 93 Haff, In re 41, 48, 82, 90, 93, 124, 541 Hahlo et al. & Burret et al. as Trustee v. Cole 256 Halbert & Co., In re 275 Halbert v. Pranke 460 Hale, In re 64, 224, 343, 348, 354, 362 Hall, In re 343 XXX TABLE OF CASES. PAGE Halsell, In re 359, 361 Halsey Electric Generator Co., In re 30, 230 Hamilton, In re 360 Hamilton Furniture Co., In re 220, 412, 414 Hammond, In re 31, 45 Hamrick, In re 82, 53S Hanna v. State Trust Co 128 Hansen, In re 384 Hanson, In re 144, 145, 542 Hanyan, In re 30 Hardie & Co., In re 361 Harder v. Clark 452 Hardt v. Schuylkill, etc., Co 426 Hare, In re 145, 147, 265, 542 Hark Bros., In re 81, 281, 283, 555 Hark v. C. M. Allen Co 81 Harmon, In re 230 Harper, In re 65, 247 Harper & Bro., In re 33 Harper v. Rankin 363 Harr, In re 361 Harris, In re 20, 28, 53, 82, 292, 305, 392 Harris, In re Geo 89 Harris, In re W. G 539, 545 Harris & Algor, In re 377 Harris Trustee, etc., v. 1st Nat. Bank, etc 444 Hart, In re 292 Hart & Co., In re 117, 275, 554 Hartman, In re 354 Hartman v. John Peters & Co 33 Hartsell, In re 158 Harvey, In re 392 Haskell, In re 372 Hassenbusch, In re 517 Hatch, In re 158 Hatcher, In re 540 Hatem. In re 218, 232 Hathorn, In re 282 Hausman, In re 432 Hawk, In re 384 Hawkins, In re 314, 545, 640 Hawley, In re 333 Hayden, In re 282 Hayer v. Comstock 226 Haynes & Sons, In re 377 Hays V. Wagner 31, 41 Haywood Co. v. Pittsburgh Industrial Iron "Works 413 Hebbart, In re 19 Heckathorn, In re 413, 415 Hpcox, In re 503 Heebner, In re 186 Heinsfurter, In re 39 Hemstreet. In re 289, 297 TABLE OF CASES. xsxi PAGE Henckel Brewing Co 226 Hendrick, In re 359, 366, 650 Henrie v. Henderson 444 Henschel, In re 144, 146, 282, 348, 505, 542, 549 Herbold, In re 159 Hercules, Atkin Co., In re 28 Hersey, In re 226 Herskowitz, In re 169, 432 Herzikopf, In re 30, 33, 53, 537 Hess, In re 292 Hewitt V. Berlin Machine Works 509 Heyman, In re 165 Hicks, In re 337, 342 Higgins, In re 426 Hilborn, In re 387 Hildebrandt, In re 412 Hill, In re 158 Hill Co., In re T. E 89, 113, 117, 483, 486 Hill Co., In re 413 Hill Co. T. E. V. Contractors & C. Co 93 Hill V. Levy 50 Hilton, In re 521, 551 Hinds V. Moore, Trustee 478 Hines, In re 93, 158, 160, 203, 227, 553 Hintze, In re 76 Hirsch, In re 359 Hirschman, In re 225 Hiscock V. Varick Bank 204, 227, 337, 555 Hitchcock, In re 191 Hixon, In re 359, 366, 552, 553 Hoffschlaeger Co. v. Young Nap 35, 93, 518, 553 Holden v. Stratton 501, 505, 509, 525 Holman, In re 356, 359, 366, 552 Holmes, In re 348, 502 Holmes v. Baker & Hamilton 32 Hom-e Discount Co., In re 177, 337, 549 Hooks V. Aldridge 32 Hooks Smelting Co., In re 282 Hoover, In re 384 Horgan v. Slattery, In re 282 Home & Co., In re 202 Horner-Gaylord Co. v. Miller & Bennett 461 Hornstein, In re 30 Houck V. Christy 176, 461 Houghton V. Stiner 453 Howard, In re 256, 281, 431 Howard v. Cunliff 355 Hoy, In re 28 Hoyt, In re 271. 551 Hoyt & Mitchell, In re 240, 547, 549, 551 xxxii TABLE OF CASES. PAGE Huddleston, In re 541 Hudson Clothing Co., In re 481 Hudson River Electric Power Co., In re 29, 43 Hull V. Burr 256, 400 Humbert, In re 38 Humbert & Co., In re L 43 Hunt, In re 33, 461 Hunt V. Dowal 459 Huntenberg, In re 229 Hurley v. Devlin 460 Hussey v. Judson 381 Hussey v. Richardson-Roberts Dry Goods Co 64, 453 Hutchinson v. Le Roy 502 Hutchinson v. Otis 201, 202, 478, 480, 50-1, 509 Huttig Mfg. Co. V. Edwards 64, 453, 551 Hyde & Co., In re 82 I Imperial Brew. Co., In re 226 Independent Thread Co., In re 30, 43 Ingalls Bros., In re 201, 535, 544, 547 Ingram v. Wilson 503 Inman & Co., In re 225, 226 International Milling Co., In re 226 Irwin, In re 160 Isaacson, In re 103, 113, 115, 284, 538, 548 Ives, In re 76, 480, 503 Jacobs, In re 359, 501, 502 Jacobs V. Ano., In re 360 Jacobs and Roth, In re 145, 283 Jacobs V. George 483 James, In re 360 James v. Gray 218 Jamieson, In re 183, S60 Jarecki Mfg. Co. v. McElwaine 64 Jassoy Co., In re The 470 Jefferson, In re 282 Jeffers, In re 160 Jehu, In re 20, 281 Jemison Mercantile Co., In re 41, 504 Jersey Island Packing Co., In re 248, 337, 407 Jewett V. Huffman 158 Johnson, In re 28, 204, 349, 367 Johnson & Knox Lumber Co., In re 289, <31 Johnson v. U. S 20, 21, 531 Johnston v. Forsyth Mercantile Co 459, 460, 461 Jones, In re 230 Jordan, In re 362 Jordan v. Bridges 268 Joseph V. Markley 268 TABLE OF CASES. xxxiii PAGE Joseph V. Raff 268 JuDck & Balthazard, In re 25. 539 E Kahn. In re 389 Kaiser, In re 359, 366, 368 Kajita, In re 240 Kalb & Berger Mfg. Co., In re 108 Kallak, In re 230 Kalter, In re 240 Kane, In re 169 Kanter & Cohen. In re 108, 282 Kaufman, In re 64, 82, 147 Kaufmann, In re 159, 218, 355 Kaufman v. Lindner : . . . . 381 Kaupisch Creamery Co., In re 426 Keet, In re 322, 323 Keith, Trustee v. Gettysburg Nat. Bank 452 Kehler, In re 19, G3 Keller, In re 324 Kellogg, In re 220 Kelly Dry Goods Co., In re 43, 100, 108, 113, 117, 144, 218, 305, 550 Kemp, In re 426 Kemper, In re 201 Kennedy Tailoring Co., In re 32 Kenney, In re 426 Kenney & Co., In re 144, 146, 226, 429, 555 Kenova Loan & Trust Co. v. Graham 502, 505 Kenny & Co., In re 542 Kentucky Nat. Bank of Louisville v. Carley 3G6, 384 Kenyon, In re 176, 201, 227, 413 Kerrch v. U. S 532 Kersten, In re 43 Kessler & Co., In re 203 Kessler v. Herklotz 258 Ketchum, In re 517 Ketterer Mfg. Co., In re 113, 117, 144, 32G Keyes, In re 227 Kiendl, as Trustee, etc. v. Dubroff and others 208 Kimball, In re 200 Kindt, In re 39 King V. Bloch Amusement Co 426 Kingsley, In re 20 Kingston Realty Co., In re 29 Kirkpatrick, In re 113 Klein & Co., In re 437 Kleinhaus, In re 342 Klein v. Powell 359 Kletchka, In re 342 xxxiv TABLE OF CASES. PAGE Knapp & Spencer Co. v. Drew 170, 178, 542, 550 Knapp V. Milwaukee Trust Co 509, 555 Knauer, In re 348 Knaszak, In re 359, 372, 375 Knopf, In re 89, 461, 542 Knott V. Pilman 551 Koenig, In re 549 Kobusch V. Hand 453 Kohler, In re 461 Korowsky, In re 343 Kranich, In re 165 Kretsch, In re 359 Krinsky Bros., In re 333, 432 Kronfeld v. Liebman 268 Kross, In re 174 Kuffler, In re 146, 281, 349, 479, 480, 502 Kuntz V. Young 349 Kurtz, In re 549 Kyle Lumber Co. v. Bush 84, 478 Kyte, In re 113, 361 L Lackow, In re 45 Lacov, In re 68, 93, 113, 432 Lafferty & Bros., In re 218 Landis, In re 170, 413 Landry v. Andrews 453 Lane, In re 398, 399 Lang, In re 81 Lange, In re 284 Lange Co., In re Otto P 227 I angslow. In re 23, 554 Lans, In re 169 La Plume Milk Co., In re 90, 170 Lasch, In re 169, 384 Lascaris, In re 33, 556 Latimer, et al., In re 35 I atimer v. McNeal 89 T aughlin, In re 25, 64, 348, 355 Law, In re 145 Lawrence, In re 342, 343. 479 Lazoris, In re 145- Lederer, In re 74, 349 Lee, In re 201 Leech, In re 452, 454 Leibowitz, In re 201 Leicester v. Hoadley 362 Leidigh Carriage Co. v. Stengel 33, 45, 50 Leinweber, In re 169 Lennox v. Allen Lane Co. et al 511 Lesaius v. Goodman 502. TABLE OF CASES. xxxv PAGE Lesher & Son, In re T. M 550 Leslie, In re 3C8 Lesser, In re 502, 503 Lesser Bros., In re 343, 542 Lesser v. Bradford Realty Co 452, 453 Letson, In re 64, 160 Leverton, In re 161, 262, 275, 544 Levey, In re 358, 361 Levi and Klauber, In re 41, 540 Levi V. Picard 412, 414 Levin, In re 282, 552 Levor v. Seiter 426, 429 Levy, In re 162, 220, 389, 401, 547, 552 Lewensohn, In re 144, 145, 201, 218, 220, 265, 521, 541, 547, 548, 551 Lewin, In re 174, 361, 377, 432 Lewis, In re 361 Lewis, In re E. B 229 Lewis, Eck & Co., In re 220 Lewis V. Bishop 460* Liddon & Bros. v. Smith 478 Liesum v. Krauss 20, 537 Linton, In re 176, 218 Lipke, In re 517, 518 Lipman, In re 20 Lipman v. Stein 21, 160 Lipsett Co., In re 548 Lipsett, Levittan & Co., In re 555. Lisk Mfg. Co., In re 42 Little, In re 362 Littlefield, In re 322, 323 Livingston, In re 33 Livingston, In re John H 220 Lloyd, In re I44 Lock Stub Check Co., In re 438 Lockman v. Lang 50, 479, 482, 483, 484, 485, 486, 512 Lockwood V. Exchange Bank 158 Logan, In re 359 I ong V. Farmer's State Bank 485, 511 Longbottom & Sons, In re 170 Loomis V. Wallblom 64 T ouisville Trust Co. v. Cominger 437 Love V. Export Storage Co 176, 444 I oveless v. Southern Grocer Co 437 Luby, In re 160 Lucius, In re 158 Lucius V. Cawthorn-Coleman Co 509 Ludvigh V. American Woolen Co 414, 468 Luftig, In re 361 Lullman & Co 401. Lyman, In re 65, 76 Lynch, In re I57 Lynch v. Bronson 201, 460 Lyon, In re 220, 547 xxxvi TABLE OF CASES. M PAGE McBryde, In re 201, 432 McCabe v. Patton 226 McCall, In re 481, 523 McCallum, In re 256 McCallum & McCallum, In re 202 McCarthy, In re 365 McCarty v. Coffin 478 McCauley, In re 225 McChristal v. Clisbee 362 McClintock, In re 20, 21, 158, 159, 160, 243 McClure v. Gibbs 53 McConnell, In re 21 McCormack v. Solinsky 401 McCormick, In re 169, 432 McCoy, In re 225 McCracken & McLeod, In re 117 McCrea, In re 21, 361 McDaniel v. Stroud 481 McDonald, In re 413 McDonald v. Brown 362 McDonald v. Tefft Weller Co 19, 28 McDuff, In re 367. 541 McEwen v. Totten 412 McFaun, In re 64, 355 McGahan v. Anderson 15R McGill, In re 144, IJ" McGowen v. Knittel 53 McGurn, In re 359 Mclntyre, In re T. A 237 McKane, In re 93, 362 McKee, In re 439 McKenna, In re 151, 275 McKenny v. Cheny 158 McKenzie, In re 324, 502, 503 McLish V. Roff 515 McMahon, In re 323, 501, 502, 503 McMurtrey & Smith, In re 64 McNaboe v. Columbian Mfg. Co 454, 455 McNamara, In re 359 McNaughton v. Osgood 53 McNiel V. U. S 531 McNulty V. Feingold 460 Maas V. Kuhn 337 MacDougall, In re 444 Machin, In re 542 Machin & Brown, In re 146 Mackel v. Rochester 282, 342, 343 Mackellar, In re 144, 147 Mackey. In re 20, 28, 41 Mackissic, In re 158 TABLE OF CASES. xxxvii PAGE Madden, In re 503 Madison Steele Co. (Elkus Petitioner), In re 281 Magen and Magen, In re 431 Magid-Hope Silk Mfg. Co., In re 28, 37 Maher, et al., In re 362 Mahler, In re 226 Mahoney, et al., v. Ward 20, 537 Malino, In re 144 Mammoth Pine Lumber Co., In re 41, 113, 549, 550 Mandel, In re 21 Mandell & Co. v. Levy 398 Mangan, In re 145 Manhattan Ice Co., In re 30 Manning, In re 157, 159, 437, 544 Manson v. Williams 64 Maples, In re 362 Marcus, In re 196, 289, 521, 551 Marine Machine, etc., Co., In re 28, 43 Marks, In re 550 Marshall Paper Co., In re 354 Martin, In re 192, 392 Martin v. Bigelow 452 Mason, In re 39, 64, 76, 348 Mason v. Nat. Bank of Little Falls 452 Mason v. St. Albans Furniture Co 229 Mason v. Wolkowich 89, 305, 478, 502 Mathews Consol. Slate Co., In re 28 Matson, In re 28 Matthews, In re 326, 540 Mattley v. Wolfe 461 Mauran v. Crown, etc., Co 438 Maxson, In re 159 Mayer, In re 191, 282, 333 Maynard v. Hecht 515 Mays, In re 437 Mellen, In re 283 Mercedes Import Co., In re 342 Merchants Nat. Bank, etc., v. Cole, Adm 479 Mercur, In re 82 Meredith, In re 159. 204 Mero, In re 30, 31, 359 Mersman, In re 256 Mertens & Co., In re 204, 227, 343, 501 Messengill, In re 389 Metcalf V. Barker 343, 426 Metropolitan Store & Saloon Fixture Co 258 Meurer, In re 360 Meyer, In re 25 Meyer, et al.. In re 35 Meyers, In re 64, 35Z, 360, 384 Meyer Drug Co. v. Pipkin Drug Co 505 Milgraum v. Ost 358, 359, 360 Miller, In re 81, 354, 361 xxxviii TABLE OF CASES. PAGE Miller Electrical Maintenance Co., In re 470 Mills Co., In re 455 Mills V. J. H. Fisher & Co 33, 35, 481 Mills V. Virginia-Carolina Lumber Co 204, 323 Milne Mfg. Co., In re 545 Milne, Turnbull & Co., In re 144 Miner, In re 200 Miner's Brewing Co., In re 202, 323 Mishawaka Woolen Mfg. Co. v. Smith 415 Mitchell, In re 158, 326 Mitchell V. Mitchell 459 Mize, In re 169 Moehs & Rechnitzer, In re 93 Moench & Sons Co., In re 43, 65 Monroe & Co., In re J. M 160 Montello Brick Works, In re 225 Moody, In re 89, 226 Moody V. Cole 432 Moore, In re 170 Moore & Bridgman, In re 274, 501 Moore & Muir Co., In re 29 Moore v. Green 338, 503 Morales, In re 30 Morgan, In re 366 Morgan v. Benedum 481 Morgan v. 1st Nat. Bank 503 Morris, In re 139, 146, 192, 200 Morrison, In re 64 Morse Iron Works & Dry Dock Co., In re 275 Morss V. Franklin Coal Co 53 Moulton V. Coburn 31, 35 Mound Mines Co. v. Hawthorn 478 Mowery, In re 202 Mudd, In re 366 Mueller, In re 479, 501, 502 Mueller v. Bruss 459, 460 Mueller v. Goerlitz 21 Mueller v. Nugent 95, 502, 509, 525 Muhlhauser Co., In re 275, 316 Mulford V. 4th St. Nat. Bank 502, 503 Mullen, In re 460 Munger Vehicle Tire Co., In re 28, 470 Murphy-Barbee Shoe Co., In re 412, 414, 415 Murphy v. Blunienreich 381 Murphy v. John Hofman Co 1''8 Murray, In re 25, 372 Murray & Winters, In re 539 Murray v. Joseph 169, 461 Muschel V. Austern 305 Muskoka Lumber Co., In re 201 Mustin, In re 342 Mutual Mercantile Agency, In re 43 Myers & Charni, In re 202 TABLE OF CASES. xxxix N PAGE Nachman, In re 282, 362 Nassau, In re 454 National Bank v. Katz 541 National Surety Co. v. Medlock 64, 362 National Hotel & Cafe Co., In re 32 National Mercantile Agency, In re 106, 134 Nathanson. In re 358, 360, 361. 366, 552 Neal, In re 160 Neasmith, In re 53, 479, 511 Neely, In re 362 Neff, In re , 226 Nelson and Bro. Co., In re 90, 134, 426 Neustadter et al. v. Chicago Dry Goods Co 64, 66 New England Piano Co., In re 322, 323 New England Thread Co., In re 230 New River Coal Land Co. v. Ruffner Bros 337 Newland v. Zodikow 444 Newton, In re 265, 439, 440 Newton & Co., In re E. M 415 New York Building and Loan Banking Co., In re 28 New York Economical Printing Co., In re 505 New York Institution, etc., v. Crockett 381 New York and Westchester Water Co., In re 29 New York Tunnel Co., In re 200, 225, 342 Niagara Contracting Co., In re 76 Nice and Schrieber, In re 144 Ninth National Bank v. Moses 258 Nixon, In re 93 Nixon V. Fidelity and Deposit Co., etc 93 Noel, In re (Powell v. Leavitt) 227 Norcross, In re 30 Norfolk and Western R. Co. v. Graham 201 North Carolina Car Co., In re 230 Northrop, In re 342 Norton, In re 37, 537 Novak, In re 30, 160 Noyes Bros., In re 203, 479 Nunn, In re 160, 243 Nusbaum, In re 31, 82 o Oakland Lumber Co., In re 89, 90 O'Connell, In re 192, 503 O'Connor, In re 412, 413 O'Dell V. Boyden 502 Off V. Hakes 227, 451, 454 Ogles, In re 50 O'Hara, In re 158 Ohio Valley Bank Co. v. Mack 192, 218, 481 xl TABLE OF CASES. PAGE Ohio Valley Bank Co. v. Swltzer 480, 503 Oil Well Supply Co. v. Hall 55 Oldmixon v. Severance 247 Oleson, In re 384 Olman, In re 401 Oliver, In re 384, 385 Oliver v. Armour & Co. et al 2S Omraen v. Talcott 455 O'Neal, ex parte 521 Openhym, Wm. & Sons v. Blake 413 Oppenheimer, In re 117 Orcutt Co., J. B., V. Green 201, 535, 547 Orne, In re 681 Orr Co. V Cushman 108 Orr v. Tribble 426 Osborn, In re 159, 552 Osborne, In re 360, 366 Osborne's Sons & Co., In re John 201, 547 Osborne v. Pennsylvania R. Co 268 Owens V. Bruce 333 Owings, In re 157 P Page V. Edmunds 159, 316 Paige, In re SO' Paine, In re 439. 440 Painter v. Napoleon Township 452, 453 Palmer v. Roginsky 460 Pancoast, In re 200 Paramore and Ricks, In re 15^ Parish, In re 359 Park, In re 161 Parker v. Black 451, 453 Patten v. Carley 256 Patterson. In re 359 Patterson & Co., In re 412 Pattee, In re 437 Pauley, In re 437 Payne, In re 191 Paxton V. Scott 355 Peacock, In re 35^ Pearson, In re 169 Peck, In re 201, 359, 360, 366 Pepperdine v. Bank of Seymour 426 Peiser, In re 134 Penny & Anderson, In re 414 Penzansky, In re 30 People, ex rel Taranto v. Erlanger 521, 551 People's Bank v. Brown 281. 282 People's Department Store Co., In re I77 Pequod Brewing Co., In re 275 Perkins, In re 415 TABLE OF CASES. xli PAGE Peter Paul Book Co., In re 438 Peters, In re 284 Peterson, In re 354, 381, 382 Pettingill & Co., In re 201, 224, 225, 504, 547, 54:i Pfaffinger, In re 218, 227, 361, 45 4 Pfeiffer, In re 158, 159 Phelps, In re 160, 165, 256, 454 Fhenix Nat. Bank v. Waterbury 33. 225 Philadelphia and Lewes T. Co., In re 74, 93, 553 Philadelphia Freezing Co., In re 29 Pickens Mfg. Co., In re 32, 50 Pickens v. Roy 338 Pierce, In re 413, 414, 554 Pierson, In re 440 Pilger, In re 28 Pincus, In re 348. 354, 361, 610 Pittelkow, In re 322 Pittner In re 282 Pittsburg Laundry Supply Co. v. Imperial Laundry Co 32, 82 Platteville Foundry & M. Co., In re 316, 323, 324 Plant, In re 523 Plaut V. Gorham Mfg. Co 64 Plimpton, In re 162, 540, 554 Plotke, In re 20, 28 Plummer v. Myers 454 Plummer. In re 275 Plymouth Cordage Co.. In re • 35, 74, 81. 502 Polakoff. In re 63. 64 Pond V. N. Y. Exchange Bank 451 Pontiac Buggy Co. v. Skinner 415 Poore, In re 413 Porter & Bros., In re 258 Portner, in re 82, 541 Post V. Berry 461 Postlethwaite v. Hicks 479, 481 Prager, In re 183, 361 Pratt V. Bothe 174, 480 Pratt V. Christie 451 Pratt V. Columbia Bank 454 Prentiss v. Bowden 268 Presscott v. Galluccio 452, 460 Price, In re 284 Price V. Derbyshire Coffee Co 455 Priegle Paint Co., In re 413 Pridmore v. Puffer Mfg. Co 415 Prince & Walter, In re 160. 230, 272, 323 Prindle Pump Co., In re 201, 227 Proudfoot, In re 203 Pure Milk Co., In re 31, 82, 541 Pursell, In re 281 Purvine, In re 432 Putnam v. Loveland 323 xlii TABLE OF CASES. Q PAGE Quackenbush, In re 358, 359, 366, 381, 542 Quartz Gold Mining Co., In re 43 Quinby, In re 29 Quinn, In re 204 R Randall, In re 354, 360 Randolph v. Scruggs 225, 437, 515 Rauchenplat, In re 542, 555 Ray, In re 20, 28 Reading Hosiery Co., In re 224 Reboulin Fils & Co., In re E 205, 547 Receivers of Virginia Coal & Coke Co. v. Staake 427 Rector v. City Deposit Bank Co 511 Reese, In re 159, 170, 439 Reid, In re 292 Reinboth, In re 274 Reinhart, In re 159 Reisler Amusement Co., In re J. J 29 Rekersdres, In re 144, 542 Reliance Storage & Warehouse Co., In re 115, 547 Remington Automobile & Motor Co., In re 470 Remmers, In re 360 Remsley, In re 28 Ren da, In re 158 Rennie, In re 19 Resler, In re 20 Restein, In re 103. 128 Reukauff, Sons & Co., In re 178, 550 Rhodes, In re 159 Rhutarsel, In re 355 Rice, In re 225, 544 Richards, In re 113, 146, 504 Richardson v. Woodward 157 Richmond Standard Steel Spike & Iron Co. v. Allen 20, 32 Rider, In re 218, 232, 398, 547 Ridge Ave. Bank v. Sundheim 454 Rielly v. Rosenberg 268 Riggs Restaurant Co., In re 82, 538 Riley, Talbot & Hunt, In re 43 Rinker, In re 414 Ripon Knitting Mills v. Schreiber 432 Rise v. Bordner 28 Risteen, In re 37, 537 Roanoke Furnace Co., In re 220, 262 Roberts, In re (Smithson v. Emerson) 314 Robertshaw. In re 481, 489 Robinson, In re 202, 360 Roche, In re 480 TABLE OF CASES. xliii PAGE Rochester Trust Co. v. Onteonta, etc., R. Co 128 Rochester Trust Co. v. Rochester, etc., R. Co 128 Rodgers, I n re 460 Roeber, In re 202 Rogers Milling Co., In re 38 Rogers v. De Sota, etc., Milling Co 33, 537 Rogers v. Fidelity Savings Bank & Loan Co 454 Rogers v. Page 455 Rollins ete. Co., In re 30 Rollins Gold & Silver Mining Co., In re 43 Romine, In re 432, 542, 547, 549 Roosa, In re 384 Rose, In re 281, 412 Rosenberg, In re 201 Rosenblatt, In re 292 Rosenburg, In re 201 Rosenthal, In re 90, 191, 343 Rose Shoe Mfg. Co., In re 480 Rosser, In re 282, 432, 502, 504 Ross-Meeham Foundry Co. v. Southern Car & Foundry Co 134 Ross v. Saunders 398, 399, 480, 552 Ross V. Stroh 479. 501, 555 Roth & Appel, In re 226 Rothenberg, In re 30 Rothschild, In re 161, 169 Roukous, In re 406, 407 Rowland v. Auto Car Co 89 Royal, In re 349, 354 Royce Dry Goods Co., In re 218 Rudwick, In re 401, 406 Rudwick & Co., In re 170 Ruhl-Koblegard Co. v. Gillespie 459 Rung Bros., In re 543, 544 Rung Furniture Co., In re 32 Ruos, In re 282 Rusch, In re 15l' 501 Rush v. Lake 504 Rushmore, In re 160 Russell, In re 25, 343, 348, 361, 539, 549 Russell Card Co., In re W. W 275 Russie, In re I9 Rutland Co. Nat. Bank v. Graves 452 Rutland Realty Co., In re 29 Ryan, In re 30, 74 Ryan v. Hendricks 81, 82, 502 Ryburn, In re 439, 44O Ryder, In re 401 Ryker v. Gwynne 268, 459 xliv TABLE OF CASES. S PAGE Sacharoff and Kleiner, In re 407 Sale, In re 160 Salmon and Salmon, In re 32 Salt Lake Valley Canning Co. v. Collins 84 Rr.mel v. Dodd 169, 432, 502, 504 Sample v. Beasley 338 Sampter, In re 201 Samuelsohn, In re 281, 294 Sanborn, In re 323, 540 Sanderlin, In re 23 Sanderson, In re 201 Sanford Furniture Mfg. Co., In re 275 Sapiro, In re 292 Saratoga Gas, etc., Co., In re 523 Sauer, In re 415 Savage v. Savage 324 Sax, In re 170 SaxtoB Furnace Co., In re 323 Schachter, In re 169, 361 Schaeffer, In re 322 Schafer, In re 161 Scheerman, In re 247 Scheldt Bros., In re 230 Scheld, In re 160 Scherr, In re 272 Schenck, In re 460 Schenectady Engineering & Constructive Co., In re 195 Schenkein & Ano, In re 30, 38 Schermerhorn, In re 256 Schiller, In re 549 Schiller v. Weinstein 382 Schindler, In re 413 Schlesinger, In re 169, 432 Schlessel, In re 413, 415 Schloss v. A. Strellow & Co 53 Schmilowitz v. Bernstein 426 Schocket, In re 423 Schomacker Piano Mfg. Co 226 Schreier v. Hogan 268 Schrom, In re 106, 134 Schuler and Hassengle, In re 183 Schulman, In re 282, 431 Schulman & Goldstein, In re 431 Schwaniger, In re 19 Schweer v. Brown 432, 433, 503 Scofield v. U. S. ex rel. Bond 240, 262 Scott, In re 27, 56, 113, 186, 200, 282, 542, 547, 549 Scott V. Abbott 225 Screws, In re 275, 554 Scully, In re 217 Seaboard Fire Underwriters, In re 28 Sears, In re 82, 84 TABLE OF CASES. xlv PAGE Sears, Humbert & Co., In re 93, 113, 124, 538 Security Warehouse Co. v. Hand 478 Seider, In re 261 Seligman, In re 401 Selkregg v. Hamilton 93, 553 Sellers v. Bell 20, 162, 554 Semner Glass Co., In re Philip 555 Semens, In re 480 Servis, In re 358, 359, 366 Sessions v. Romadka 248 Shachter, In re 432 Shaeffer, In re 324 Shaffer, In re 361, 385, 439, 537 Shapiro v. Thompson 253 Sharr, In re 160 Shaw, In re 218, 282 Shea, In re 326, 333 Sheldon v. Parker 459 Shepherd, In re 359 Shera, In re 282 Shiebler & Co., In re 174, 275 Shoe & Leather Reporter, In re 323 Shoesmith, In re 81 Shriver, In re 176 Shropshire & Co. v. Bush 230 Shute, et al., v. Patterson, et al., 37, 63 Shutts V. Bank 39 Siebert, In re 343, 542, 653, 659 Silvey v. Tift 412 Silverman, In re 349 Silverman Bros., In re 226, 227 Silverman & Schoor, In re 117 Simon & Sternberg, In re 177 Simonson, In re 39 Simonson v. Sinsheimer 31, 33, 53 Simpson Mfg. Co., In re 413 Singer, In re 283, 431 Sinsheimer v. Simonson 437 Skelton v. Price 461 Skewis V. Bartlett 460 Skillin V. Endelman 460, 461 Skillin V. Magnus 470 Skilton V. Coddington 459 Skubinsky v. Brodek et al 281, 431 Sloan, In re 158 Slomka, In re 229 Smalley v. Langenour 157, 509, 543 Smith, In re 93, 145, 192, 224, 225, 226, 256, 314, 362, 540, 544 Smith & Nixon Piano Co., In re 414 Smith V. Cooper 117 Smith V. Means 478 Smith V. Mottley 229, 414 xlvi TABLE OF CASES. PAGE Smith V. Township of Au Gres 275, 316 Snell, In re 426 Soils & Peiser, In re 134 Solomon & Carrol, In re 539 Sonnabend, In re 398, 407, 542 Soper, In re 20, 543 Soppr & Slada, In re 439, 552, 556 Sorkin, In re 431 Southern Loan & Trust Co. v. Benbow 323, 342 Southern Pine Co. v. Savannah Trust Co 177, 413 Southern Steel Co., In re 43, 117 Spalding, In re 32, 93 Spicer, In re 439, 440 Spitzer, In re 108 Standard Varnish Works v. Haydock 413 State Bank of Chicago v. Cox 33 State of New Jersey v. Anderson 230 Stavrahn, In re 169, 432, 433 Stearns v Flick 437 Steed. In re 361 Steed & Curtis, In re 350, 372 Steele v. Buel 160, 481 Steele, ex parte 555 Stegar, In re 19 Stein, In re 19, 37, 41, 81, 272 Stein & Co., In re L 35 Steiner v. Marshall 502, 504 Stelling V. Jones Lumber Co 481 Stephens, In re 158 Stephens v. Merchants National Bank 53 Sterlingworth Ry. Supply Co., In re 338 Stern, In re 220 Stern v. Mayer 454 Sternburgh v. Duryea Power Co 470 Steuer, In re 343, 542 Stevens, In re 200, 201, 323 Stevens v. Nave McCord Mercantile Co 30, 225, 480, 481, 503 Stevens v. Oscar Holway Co 453 Stevenson, In re 541 Stevenson v. Milliken Tomlinson Co 454 St. Louis Ice Mfg. & Storage Co 230 Stoever, In re 201, 219, 547 Stokes, In re 23, 28 Stone, In re 349 Stone V. Jenkins 398 Stout, In re 160 Strait, In re 53S Strasburger v. Bach 468 Stratemeyer, In re 117, 192 Strellow V. Schloss 50 Strobel, In re 100, 195, 227 Stroheim v. Perry & Whitney Co 30, 31, 48 Sturgeon, In re 281, 283, 547 TABLE OF CASES. xlvii PAGE Sturgis V. Corbin 305, 323. 333 Styer, In re 322, 323, 326, 545 Suffel V. McCartney Nat. Bank 454 Sugenheimer, In re 200, 547 Sullivan, In re 158, 160, 342, 363 Sully, In re 50. 113. 220 Summers v. Abbott 437 Sumner, In re 200. 218, 281 Sunseri, In re 93 Susquehanna Roofing Co., In re 413 Sutfy, In re 33 Sutherland v. Lasher 20, 382, 537 Sutter Bros., In re 281 Sweetzer, Pembroke & Co., In re 226 Sykes, In re 19, 348 T Taft, C. C. Co. V. Century Sav. Bank 31, 479, 482, 502 Taplin, In re 358, 359 Taylor, In re 30, 41, 50, 161. 433 Taylor Trustee, etc., v. Nichols 452 Teague v. Anderson Hardware Co 256. 459 Tennessee Producer Marble Co. v. Grand et al 338, 426 Terens, In re 3G1 Terrill, In re 191 Thaw, In re 521 Thomas, In re 358 Thomas v. Adelman 454 Thomas v. Roddy 268, 459. 460 Thomas v. Sugarman 461, 509 Thomas v. Taggart 227, 237, 414 Thomas v. Woods 478 Thomlinson Co., et al.. In re 32 Thompson, In re 28, 333, 437 Thompson Milling Co., In re J. H 226 Thompson Mercantile Co., In re 231 Thompson Sons, In re E. 227 Thompson v. Judy 362 Thompson v. Mauzy 480 Thrall v. Union Maid Tobacco Co 470 Throckmorton, In re 326, 333 Tice, In re 413 Tiffany v. La Plume Condensed Milk Co 28 Tilden, In re 158 Tindle v. Birkett 343, 363 Tinker v. Colwell 363, 381 Title Guarantee & Surety Co. v. Guarantee Title & Trust Co 231 Tobias, In re 157 Todd, In re 549 Toledo Portland Cement Co., In re 45 Tollett, In re 159 xlviii TABLE OF CASES. PAGE Toms, In re 342 Tontine Surety Co., In re 29 Toothaker Bros., In re 384 Toxaway Hotel Co. v. Smathers Co 29 Tracy & Co., In re 292 Traders Ins. Co. v. Mann 255 Tribelhorn, In re 30. 41, 48 Troeder, In re 359, 360 Tucker. In re 218 Tucker, In re M. E. Pet 323 Tudor, In re 169. 432 Tully, In re 20. 76 Tumlin v. Bryan 453 Tune, In re 159, 426 Tupper, In re 31, 33 Turnbull, In re 158 Turner & Co., In re J. H 144 Turner v. Fisher 454 Turner v. Turner 363 Tybo Mining & Reduction Co., In re 84, 134, 538 u Union Nat. Bank v. Neill 502 Union Trust Co. v. Chicago, etc., R. Co 128 United Button Co., In re 84, 227, 538 United States ex rel. Adler v. Hammond 480. 523 United States ex rel. Kelley v. Peters 521 United States ex rel. Mansfield v. Flynn 520 United States ex rel. SchaufHer v. Union Surety & Guaranty Co 240 United States ex rel. Scott v. McAleese 521 United States Graphite Co., In re 292, 322. 323. 426 United States v. Brod 282, 531 United States v. Chambers 531 United States v. Cohn 531 United States v. Comstock et al 531 United States v. Goldstein 431, 433 United States v. Lake 531 United States v. Liberman 531, 548 United States v. Simon 282 United States v. Young & Holland Co 531 Unitype Co. v. Long 415 Upson. In re 384 Upson V. Mt. Morris Bank 454 Urban & Suburban, In re 76 V Vaccaro, et al. v. Security Bank 453 Van Buren, In re 343 Van De Mark, In re 144, 145, 147, 542 TABLE OF CASES. xlix PAGE Van Emon, et al. y. Veal 43 Van Iderstine, Trustee v. National Discount Co 460, 461 Van Wagenen v. Sewall 515 Vary v. Jackson 439 Vastbinder. In re 30, 33, 324, 337, 429 V. D. L. Co., In re 231 Vehon v. Ullman 360, 480 Vitzthtim V. Large 158, 451 Vetterman, In re 32 Virginia Hardware Mfg. Co., In re 453 Viguisney v. Allen 451 Vogt, In re 323 Von Hartz & Co., In re 134 Von Kern, In re 160 w Wagner, In re 348 Wagner v. United States & Houston 521 Walder, In re 170, 372, 650 Walker, In re 186, 281 Walker v. Muir 381 Walker v. Woodside 82 Wall et al. v. Cox 451, 453, 460 Walrath, In re 19, 64, 348 Walsh, In re 282 Walsh Bros., In re 426 Walton, In re 282 Ward, In re 50 Warmath v. O'Daniel 453 Warner, In re 436 Wasey v. Holbrook 460 Waterloo Organ Co., In re 203, 323 Watertown Carriage Co. v. Hall 363 Watkinson & Co., In re 219 Watson V. Merrill 64, 226, 253 Watts, In re 431. 525 Waugh, In re 555 Waxelbaum, In re 19, 28, 158, 538 Waynesboro Drug Co., In re 401 Weaver v. Hugill Stone Supply Co 229 Wechsler v. U. S 281, 282 Weidenfeld v. Tillinghast 20, 382, 607 Weil, In re 412, 413 Weinreb, In re 169, 362 Weintraub, In re 349 Weiss, In re 230 Wells, In re 413 Wenham, In re 363 Wenman, In re 521 Wentworth Lunch Co., In re 29 West Co. V. Lea 535 k 1 TABLE OF CASES. PAGE Western Investment Co., In re 64 Western Tie and Lumber Co. v. Brown 50^ Westfall Bros. & Co., In re 284 Westfall, et al. v. Avery 452 Westheimer v. Howard 20 Westlund, In re 230 West Side Paper Co., In re • 231 West V. McLaughlin Co 481, 550- Wetmore, In re 359, 360 Wetstein v. Franciscus 454 Wheeler, In re E. S 292 White, In re 33, 81, 159, 160, 243, 282, 544 White Mountain Paper Co. v. Morse & Co 29' Whitener, In re 479, 480, 502 White V. Thompson 342 Whitney v. Dresser 218 Whitney v. Wenhan 122, 444 Wigmore, In re 226 Wilbur V. Watson 437 Wilcox, In re 282, 368, 542, 554 Wilder v. Watts 81 Wildes' Sons, In re Samuel 177 Wilk, In re 337 Wilka, In re 322, 323 Wilder v. Watts 82, 538 Wildes' Sons, In re 548 Williams, In re 20, 27, 74, 93, 134, 281, 504, 548 Williams Estate, In re 226, 324, 36S Williams Bros. v. Savage 486, 490 Willis Cab & Automobile Co., In re 29 Wilmington Hosiery Co., In re 43 Wilson, In re 160, 401, 431 Wing Yick Co., In re 23, 31, 37 Winkels, In re 218 Wir.ship, In re 39& Winston, In re 31 Winton Lumber & Manufacturing Co., In re 230 Wiseman & Wallace, In re 247 Wittenberg, In re 364, 36& Wolf, In re 19. 361 Wolfensohn, In re 359, 366 Wolff, In re 34& Wolf & Levy, In re 550 Wollock, In re 342 Wood, In re 157, 413 Woodend, In re 401 Wood & Henderson, In re 174 Wood v. Carr 425 Wood V. U. S. Fidelity & Guaranty Co 226 Wood, W. A., Mowing & R. Machine Co. v. Vanstory 414 Woolford V. Diamond State Steel Co 81 Wooten, In re 218 Worcester Co., In re 481, 505- TABLE OF CASES. li PAGE Worland, In re 322 Worrell, In re 281 Wright, In re 481 Wright V. Sampter 452, 453 Wright V. Wm. Skinner Mfg. Co 452, 453 Wrisley & Co., In re 261, 406, 407 Wulbern v. Drake 28 Wunder, In re 158, 544 Wylie, et al, In re 333 Wyoming Valley Ice Co., In re 226 Y Yates, In re 76 Yoder, In re 28 York Mfg. Co. v. Brewster 414 York Mfg. Co. v. Cassell 413 Yost, In re 161 Young, In re 117, 192, 356 Young, In re J. J. ^ 552 Young V. Young 363 Youngstrom, In re 160, 503 z Zier & Co., In re 117. 437 Zotti, In re 230 Zugalla V. International Merc. Agency 32, 479 Zumpfe V. Schultz 159 TITLE I. PETITION AND ADJUDICATION. Form No. 1. Debtor's Petition in Bankruptcy. 2. Debtor's Schedules, Oath and Summary Statement. 3. Partnership Petition. 4. Partnersliip Petition, all Partners not joining. 5. Involuntary Petition by Three Creditors. 6. Involuntary Petition by One Creditor against Partnership. 7. Subpoina to Alleged Bankrupt. 8. Marshal's Return thereon. 9. Notice of Appearance of Bankrupt or Creditor. 10. Notice of Appearance by Intervening Creditor. 11. Petition to Intervene. 12. Order allowing Intervention. 13. Admission of Inability to pay Debts and Willingness to be adjudged Bankrupt. 14. Demurrer to Petition. 15. Notice of Argument of Demurrer. 16. Answer of Alleged Bankrupt denying Insolvency. 17. Answer alleging more than twelve Creditors and List of Creditors. 18. Answer of Bankrupt upon other Grounds. 19. Answer of Creditors to Involuntary Petition. 20. Demand for a Jury Trial. 21. Order for Jury Trial. 22. Notice of Trial. 28. Special Warrant to Marshal and Return thereon. 24. Bond to Marshal for Release of Property. 25. Bond of Petitioning Creditors upon Seizure by Marshal. 26. Petition that Bond of Petitioning Creditors be increased. 27. Order denying Petition to increase Bond. 28. Order extending Time to Answer. 29. Consent to withdraw Answer and for Adjudication. 30. Order for Adjudication and Reference. 31. Order denying Adjudication. 32. Order dismissing Petition, vacating appointment of Receiver etc. and Notice of Settlement. 33. Order referring Issues to Special Master. 34. Notice of Hearing before Special Master. 35. Order upon Report of Special Master dismissing Petition, etc. 36. Order directing Bankrupt to file Schedules. 37. Oath to liist of Creditors prepared by Petitioning Creditors. 38. Order dismissing Involuntary Proceeding by Consent. 39. Petition to vacate Adjudication. 40. Notice of Motion thereon. 41. Petition for Service by Publication, 42. Order of Publication. 43. Petition to amend Petition. 44. Order Pemanding Proceeding. 1 S FORMS IN BANKRUPTCY. FORM No. 1— {Official). DEBTOR'S VOLUNTARY PETITION. To the Honorable Judge of the District Court of the United States for the District of ': The petition of of in the county of , and District and State of respect- fully represents : That he has I... , for the greater portion of six months next immediately preceding the filing of this petition at within said judicial district ; that he owes debts which he is unable to pay in full ; that he is willing to surrender all his prop- erty for the benefit of his creditors, except such as is exempt by law, and desires to obtain the benefit of the Acts of Congress relating to Bankruptcy. That the schedule hereto annexed, marked A, and verified by your peti- tioner's oath, contains a full and true statement of all his debts ; and (so far as it is possible to ascertain) the names and places of residence of his creditors, and such further statements concerning said debts as are required by the pro- visions of said acts : That the schedule hereto annexed marked B, and verified by your peti- tioner's oath, contains an accurate inventory of all his property, both real and personal, and such further statements concerning said property as are re- quired by the provisions of said acts : Wherefore your petitioner prays, that he may be adjudged by the court to be a bankrupt, within the purview of said acts. , Petitioner. Attorney. United States of America, District of ss : I, , the petitioning debtor mentioned and described in the foregoing petition, do hereby make solemn oath that the statements con- tained therein are true, according to the best of my knowledge, information and belief. , Petitioner. Subscribed, and sworn to before me, this day of , A. D. 19.. FORMS IN BANKRUPTCY. Pi U M a 08 n o •so J3 03 N O ':3 <1 o iz; o «^ o o OQ -- I S 1 W o 'J^ AMOUNT. $ c Nature and considera- tion of the debt, and whether contracted as partner or joint-con tractor, and if so, with whom. Total, Petitioner, WHEN AND WHERE CONTRACTED. RESIDENCE. (If unknown that fact must be stated.) Reference to Ledger or Voucher. > »— I (1) Taxes and debts due and owing to the United States. (2) Taxes due and owing to the State of o o •c CO 3 *- 9 >. rl si (3) Wages due workmen, clerks or servants to an amount not e.xceediug $300 each, earned witliin three months before filing the petition. (4) Other debts having priority by law. FORMS IN BANKRUriCY, CO 3 03 a! 5 a 03-3 sj a 3 a "^^ 3 >>S C/3 p w " o en O H — : ^ :i^ h-i '^.^ 3 m ! 33 .^ ' 0^3 =OcS , J ZJ 1« 1- tH 1) '3o^ •- '3 3 .3 _ -^ O I' 3 cS ^ ^ 3 g .3 TS "y bo '■3 '5 •- t« is 4> 3 w « 3 to 2 o 2 03 * II I CQ Amount of Debts. $ c Value of Securities. $ c WHEN AND WHERE DEBTS WERE CONTRACTED. Total, Pctilioner. DESCRIPTION OF SECURITIES. RESIDENCE. (If unknown, that fact must be stated.) K O H Q W fa o en Reference to Ledger or Voucher. FORM« IN liANKKL'PTCY. B U *" ..::^ " O O >» "^ « S O c >§ S 3 « * m S a; 5 • - t- - -3 ^ ^ g I2£ a 5 "S s 2 (S 1) o c; ^ •— -1 3 s c "^ -2 t! 3 "5 :/} & « ^^ 3 3 u i^ - FORMS IN BANKRUPTCY. CO ^< b! (V (V tn ^ ^ S3 o ■§ tn oj a »H & ° »s 5^S 2 a> «<-i n 0) o O^X! a> cupation are not •e of resi ser.) or oc olders d plac indor ^ TO J S is CO u 4) O) 0) 3,a xn-Z cd bus of sine 9 lia 01 0) - "" ^a-^s -♦-» >> oT"^ S J5 ^ •i-i p< a - o resid Iders. state n wh 1-^ o ames, he ho 11 be bills o H 4^ th the n ames of btor slia notes or o 03 o ^ ? -^2 u D §-^S ^ -d 4) a -^ 3 (U •^ 3 _ " +j d pC ?^ " :3 -ct 2 E. o a o - o C3;»H ..li o CO T3 i, •i^ a> o -M J « t— 1 H •t-i Xi 1 cU M >-) ^ O Nature of Liability, whether same was contracted as part- ner or joint-contractor, or with any other person ; and, if so, with whom. Total, Petitioner, KESIDENCE. (If unknown that fact must be stated. ) «^ 1-5 o '~' en OS <^ 'A Reference to Ledger or Voucher. FORMS IN BANKRUPTCY. < hi P W o CO O H O o o <1 O ."3 <" ?, s ^ F & 2 S o £ •" ^ ■? o I- t: 1) .41 > H o.a 2 '1 oj o -« 5 a o fli *> :3 *^ -13 c3 ^ en •" s ^ " -a o: ■ -^ u ^ a'a :S > H O 7^ - '^ s o a 3 o ^ • a ^ t. a .a 3 ^^ •« ■-J t, O c« 3 .,j O --^ 2^ CC 03 TS "O -a H) 43 »1 03 I— I 3 ^^ O ,Q ^ ° 'S)l ■g a'H'° a a o 2 ^ 03 5! ■^ -3 — ««H 03 03 OS H H H 15 « r-> Pz) Ph <^ O N P^ PU n h) O r/) w « w (z^ W Oi o w O ^ ^ 03 2£ 3 si CM O T3 « «3 ^ > cn „ a "as 5 « (U ea ^ o a « '=^ jg ^.> > (X s a o«2 ii CQ 73 a es 2 OS £■3 X ^ ■• T3 a 03 05 ^ o O m bo * CO x-i fl OQ 4) W) a a .2 'E u c3 O a •• IS S -2 'm bO •n >> &, o 4'' O u !:: O !« - 12 FORMS IN BANKRUPTCY, . O o g FORMS IN BANKKri'TCY 13 u FORMS IN BANKRUPTCY. u •r- » (0 o -4-1 a> w S »-i H . .S t»x) IH •O c(J •— 1 rt o >.-*^ Ph^^ t-^ CO pq H '^■'5 i-l — ; o t3 n^ P .J:! 4-> o yj c« ^ •^-' O o , "2 o a -M •i-t (a B H 0) > 0) « d •iH >. ti a> Pi o u ^ to ♦^ 00 «4-< O ^|| oj a> ^ V a '■^ S-^ O ^ 03 8^ =* o S « CO u c 3 C- !? c >: OJ c'"" -a ci— *" . — tn ~ =:t3 ~ c z^ • t; u o c 3j - 5 -^- M p ^ <^C ^ c^ X a; (u — O *! t^ "". a O 03 3 ^ -^ ■2i ^ FORMS IN BANKRUPTCY. 15 lo 5.2 16 FORMS IN BANKRUPTCY. (O «- t- « d c C c o - «-S w re a ^ - *- O i- o-^ >>^, -C O =3 43 B &. - ."ti ==o 2 ^ m a "g S 4) c>" £=" b£ cs c w a _ C ai ^'P CO U "^ Si TS a to a> ^*^ -= ^ • IH CO 5 c CD -- ^ =s n ^ 5 ^ ° C3 oj q:) 09 •v -4-> 3 00 teg's .2J ^ .9 t^.o'S cc c: :: m5 '^ >^ a o +j a . --^ •— s- oj boo •c '^ t£2 d ^ g-=j •t-( » to c t, a> to E <« o .,- - a 2 CO CO to O o S-^ ^ 5^ C3 a o C^ . 3 =3 - a ^ - <« *^ oT !--» c b^ P^ -3 2 e .^ '^ — ^^ ^- " ^ .ji 9 -^ i O C ;> O >> ;^< ? g'^ o HH ^ a Q, *J to ^, o? 2 J 5— ^ -ss. On this. day of_ .A. D. 19 before me personally came the person mentioned in and who subscribed to the foregoing Schedule, and who, being by me first duly sworn, did declare the said Schedule to be a statement of all his estate, both real and personal, in accordance with the acts of Congress relating to bankruptcy. Subscribed and sworn to before me this, day of , A. D., 19 18 FORMS IN BANKRUPTCY. SUMMARY OF DEBTS AND ASSETS. [PVom the Statements oftJie Bankrupt, in Schedules A and B.] ^ Schedule A. 1 (1) 1 (2) 1 (3) 1 (4) Taxes and Debts Due United States. Taxes due States, Counties, Districts and Municipalities. Wages. Other debts preferred by law. Schedule A. 2 Secured Claims. Schedule A. 3 Unsecured Claims. Schedule A. 4 Notes and Bills which ought to be paid by other parties thereto. Schedule A. 5 1 Accommodation paper. Schedule A. Total, .... Real Estate. Schedule B. Schedule B. << <( 2— a. 2— b. 2— c. 2— d. 2— e. 2-f. Cash on hand. Bills, promissory notes, and securities. Stock in trade. Household goods, &c. Books, prints and pictures. Horses, cows and other animals. <( It 2-g. Carriages and other vehicles. 2— h. 2— i. a— k. Farming stock and implements. Shipping and shares in vessels. Machinery, tools, &c. " 2—1. Patents, copyrights and trade-marks. (( Attorney for Petitioners, (Address.) (Verification.) (Attach schedules and summary statement for partnership, and individual schedules and summary statement for each petitioning partner.) NOTES. See General Order VIII. Proceeding voluntary as to petitioning partner and involuntary as to non-joining partner. Before adjudication can be had, a subpoena must issue and be served with a copy of petition on the latter and he may defend in same way as if an involuntary petition were filed against him. In re Murray (infra). In re Junck and Balthazard (D. C. Wis.), 169 Fed. 481. If non-assenting partner is an absentee he must be brought in by publication. In re Murray, 3 Am. B. R. 601 ; 96 Fed. 600. In re Russell, 3 Am. B. R. 91 ; 97 Fed. 82. The filing of a petition by one partner against co-partners cannot be deemed an act of bankruptcy on the part of the partnership. In re Ceballos and Co. (D. C. N. J.), 20 Am. B. R. 459; 161 Fed. 445. What non-assenting partner may plead ; may set up defence of solvency. In re Forbes, 11 Am. B. R. 787; 128 Fed. 137. Under Gen. Order VIII. entitled to same notice as if petitioned against. In re Altman, 2 Am. B. R. 407; 95 Fed. 263; aff'g 1 Am. B. R. 689. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. In re Carleton, 8 Am. B. R. 270; 115 Fed. 246. In re Freund, 1 Am. B. R. 25. Whether court has jurisdiction to adjudge non-consenting partner a bankrupt Individually. In re Meyer (C. C. A. 2nd Cir.), 3 Am. B. R. 559; 98 Fed. 976; 89 C. C. A. 368; aff'g lAm. B. R. 565; 92 Fed. 896. 26 FORMS IN BANKRUPTCY. FORM No. 5. INVOLUNTARY PETITION BY THREE CREDITORS. To the Honorable , Judge of the District Court of the United States, for the District of : The petition of , of the City of , and of , of the City of , and of ., of the City of . . ., respectfully shows : First. That , has for the greater portion of the six months next preceding the date of the filing of this petition, resided, (or had his principal place of business) (or had his domicile) in the City of , State and District aforesaid, and owes debts to the amount of one thousand dollars and upwards, and is insolvent, and is neither a wage-earner nor a person engaged principally in farming or the tillage of the soil, but is by occupation a (That the said is a corporation, organized and exist- ing under the laws of the State of , and that it is en- gaged principally in manufacturing, trading and mercantile pursuits. [See Amendment 1910 necessitating change here.] Second. That your petitioners are creditors of the said , having provable claims against him amounting in the aggregate in excess of securities held by them to the sum of five hundred dollars ; that none of your petitioners is entitled to priority of payment of his said claim within the meaning of Section 64 (b) of the United States Bankruptcy Act and amendments thereof, nor has any of your petitioners received a preference within the meaning of Section 60 (a) -(b) of such law as amended. Third. That the nature and amount of your petitioners' claims are as follows : : The claim of petitioner is for : [Here set forth fully as to amount, consideration, etc.] no part of which has been paid though duly demanded. : The claim of petitioner is for : • of which no part thereof has been paid though duly demanded. : The claim of petitioner is for : of which no part thereof has been paid though duly demanded. And your petitioners represent that the said , while insolvent, and within four months next preceding the date of this peti- tion, , committed an act of bankruptcy in that he did heretofore, to wit: [Here set forth act specifically, giving facts bringing under Sec. 3-a.] Wherefore, your petitioners pray that service of this petition with a subpoena may be made upon the said , as provided in the Acts of FORMS IN BANKRUPTCY. 27 Congress relating to bankruptcy and that he may be adjudged a bankrupt with in the purview of said Acts. I^ated , , 19. .. Petitioners. Attorney for Petitioners, Office and Post Office address, Street, State of County of | ^^- , and , the petitioning creditors mentioned and described in the foregoing petition, do hereby severally, make solemn oath that the statements of fact contained in the foregoing petition are true, according to the best of their knowledge, information and belief. Subscribed and sworn to before me, this day of , 19... NOTES. Should be executed and filed in duplicate. Official form (No. 3) has been held demurrable. See, Act Sees. 2, 3, 4, 5 (if against a partnership), 18, 59. Gen. Orders V., VI., VII. , IX., XI. and Equity Rules XX., XXV., XXVIII. to XXX See Rule XXVIII Southern District of New York. If petitioners are corporatious, show where incorporated; if a partnership, set out firm name and add "a co-partnership composed of and etc." If the adjudication of a partnership is desired, modify prayer for relief to ask adjudication of both the partnership and the individuals composing same. Power to adjudicate. — Residence and domicile. In re William-^, 9 Am. B. R. 736; 120 Fed. 34. In re Williams, 3 Am. B. R. 677; 99 Fed. 544. In re B<'rner. 3 Am. li. R. 325. In re Grimes, 2 Am. B. R. 160; 96 Fed. 529. In re Dinglehoef, 6 Am. B. R. 242; 109 Fed. 866. In re Filer, 5 Am. B. R. 332; 108 Fed. 209. In re Scott, 7 Am. B. R. 39; 111 Fed. 144. In re Clisdell, 2 Am. B. R. 424; 101 Fed. 246. In re Blair, 3 Am. B. R. 588; 99 Fed. 76. 28 FORMS IN BANKRUPTCY. In re Garneau (C. C. A. 7th Cir.), 11 Am. B. R. 677; 127 Fed. 677; 62 C. C. A. 403. In re Warelbaum, 3 Am. B. R. 267; 97 Fed. 562. In re Mathews Consol. Slate Co. (D. C. Mass.), 16 Am. B. R. 350; 144 Fed. 724; aff'd (C. C. A. 1st Cir.), 16 Am. B. R. 407; 144 Fed. 737; 75 C. C. A. 603. Principal place of business.— In re Brice, 2 Am. B R. 197; 93 Fed. 942. Dresstl v. iSorth tttale Lumber Co., 5 Am. B. R. 744; 107 Fed. 255. In re Magid- Hope Silk Mf'g Co., 6 Am. B. R. 610; 110 Fed. 352. In re Elmira Steel Co., 5 Am. B. R. 484; 109 Fed. 456. In re Marine Machine, etc., Co., 1 Am B. R. 421; 91 Fed. 630. In re Plotke(C. C. A. 7th Cir.) 5 Am. B. R. 171; 104 Fed. 964; 44 C. C. A. 282. In re Mackey, 6 Am. B. R. 577; 110 Fed. 355. In re Duplex Radiator Co., 15 Am. B. R. 324; 142 Fed. 906. Tiffany v. LaPlume Condensed Milk Co., 15 Am. B. R. 413; 141 Fed. 444. In re Mathews Consolidated Slate Co. (C. C. A. 1st Cir.), 16 Am. B. R. 407; 144 Fed 737; 75 C. C. A. 603; aff'g 16 Am. B. R. 350; 144 Fed. 724. In re Munger Vehicle Tire Co. (C. C. A. 2nd Cir.), 19 Am. B. R. 785. 159 Fed. 901; 87 C. C. A. 81. Six months period. — In re Ray, 2 Am. B. R. 158. {Contra). In re Stokes, 1 Am. B. R. 35. In re Plotke {supra). In re Harris, 11 Am. B. R. 649. "Who may be adjudged an involuntary bankrupt. — In re Yoder, 11 Am. B. R. 445; 129 Fed. 894. In re Pilger, 9 Am. B. R. 244; 118 Fed. 206. In re Mackey, 6 Am. B. R. 577; 110 Fed. 355. In re Drake, 8 Am. B. R. 137; 114 Fed. 229. In re Matson, 10 Am B. R. 473; 123 Fed. 743. Wulburn v. Drake (C. C. A. 4th Cir.). 9 Am. B. R. 695; 120 Fed. 493; 56 C. C A. 64; aflf'g 8 Am. B. R. 137; 114 Fed. 229. In re Thompson, 4 Am. B. R. 340; 102 Fed. 287. Bank of Dearborn v. Matuey, 12 Am. B. R. 482; 132 Fed. 75. In re Brown, 13 Am. B. R. 140; 132 Fed. 706. Coats v. Townsend, 11 Am. B. R. 126; 126 Fed. 249. In re Hoy, 14 Am. B. R. 048; 137 Fed. 175. Rise v. Bordner, 15 Am. B. R. 297; 140 Fed. 566. Married woman when engaged in business on her own account and owes business obligations. MucDonald v. Tefft-Weller Co. etal., 11 Am. B. R. 800; 128 Fed. 381; 63 C. C. A. 123. Sec. In re Remaley, 23 Am. B. R. 29. Farmer who conducts dairy may not be adjudged. Gregg V. Mitchell (C. C. A. 6th Cir.), 21 Am. B. R. 659. Nor though farmer makes a general assignment. Oliver v. Armour and Co. et al., 21 Am. B. R. 901. In re Johnson (D. C. N. Y.), 18 Am. B. R. 74; 149 Fed. 8. Petition should contain allegation that persou petitioned against is in neither of ex- empted classes. Failure to do so, unless raised, deemed waived. Green River Deposit Bank v. Craig Bros., 6 Am. B. R. 381 ; 110 Fed. 137. In re Columbia Real Estate Co.. 4 Am. B. R. 411 ; 101 Fed. 965. In re Taylor (C. C. A. 7th Cir.) 4 Am. B. R. 515; 102 Fed. 728; 42 C. C. A. 1. Rise v. Bordner {supra). Edelstein v. U. S. (C C. A. 8th Cir.) 17 Am. B. R. 649; 149 Fed. 636; 79 C. C. A. 328. Who may be adjudged an involuntary bankrupt. A person giving music lessons at so much per hour not a wage earner within meaning of the act. 1st Nat. Bank of Wilkesbarre v. Barnum, 20 Am. B. R. 439; 160 Fed. 245. Partnership as a private banker. Burkhart v. German American Bank, 14 Am. B. R. 222 ; 137 Fed. 958. Unincorporated companies. — A fire Lloyds association. In re Seaboard Fire Lndc rwriters, 13 Am. B. R. 722; 137 Fed. 987. A joint stock association. In re Hercides Atkin Co. Ltd.. 13 Am. B. R. 369; 133 Fed. 813. An ordin try huildiug anl loan association, not amei.able lo Act. FORMS IN BANKRUPTCY. 29 In the matter of New York Building Loan Banking Co. (D. C. N. Y.) 11 Am. B. R. 61. 127 Fed. 471. An incorporated club for social intercourse, not amenable to Act. In re Fulton Club, 7 Am. B. R 670; 113 Fed. 997. "Engaged principally in." — Charter not usually controlling. In re Chicago Jopliu Lead and Zinc Co., 4 Am. B. 11. 71*2; 104 Fed. 67. In re Quimby, 10 Am. B. R. 424; 121 Fed. 139. White Mountain Paper Co. v. Morse and Co. (C. C. A. 1st Cir.;, 11 Am. B. R. 633; 127 Fed. 643; 62 C. C. A. 369; aff'g 11 Am. B. R. 491; 127 Fed. 189. Depends on the business it actually transacts. In re Kingston Realty Co. (C. C. A. 2n(l Cir.). 19 Am. B. R. 845; 160 Fed. 445; 87 C. C. A. 406; rev'g 19 Am. B. R. 465. In re Concord Motor Car Co. (C. C. A. l.st Cir.), 23 Am. B. R. 73. In re N. Y. and Westchester Water Co., 3 Am. B. R. 508; 98 Fed. 711. In re Tontine Surety Co., 8 Am. B. R. 421 ; 116 Fed. 401. In re Columbia Iron Works v. Kat. Lead Co. (C. C. A. 6th Cir.), li Am. B. R. 340; 127 Fed. 99; 62 C. C. A. 99. In re Excelsior Cafe Co., 23 Am. B. R. 701; 175 Fed. 294. Manufacturing. — Brewing Co. held subject to bankruptcy under this provision. In re Bloomsburg Brewing Co. (D. C. Fa.), 172 Fed. 174. Engaged in business of building houses. In re Rutland Realty Co. (D. C. N. Y.), 19 Am. B. R. 546; 157 Fed. 296. Corporation making and constructing arches, walls, abutments, bridges, buildings, etc., out of concrete is a corporation engaged principally in manufacturing. Friday v. Hall and Kaul Co. (U. S. Sup. Feb. 1910), 23 Am. B. R. 610; 30 Sup. Ct. R. 261 ; rev'g 19 Am. B. R. 841. See, In re 1st Nat. Bank of Belle Fourche (C. C. A. 8th Cir.), 18 Am. B. R. 265; 152 Fed. 64; 81 C. C. A. 260. Columbia Iron Works v. Nat. Lead Co. (supra.). See, In re Concord Motor Car Co. (supra). Corporation whose business is to generate electricity and transmit it is not engaged in manufacturing or mercantile pursuits. In re Hudson River Electric Power Co., 23 Am. B. R. 191 ; 173 Fed. 934. " Trading " or " Mercantile Pursuits." Corporation engagetl in conducting hotels and incidentally maintaining two country stores not engaged principally in trading or mercantile pursuits so as to be liable to in- voluntary adjudication. Toxaway Hotel Co. v. Smathers and Co. (U. S. Sup. Feb. 1910), 23 Am. B. R. 626; 30 Supp. Ct. R. 203. Corporation conducting a general lire insurance agency not subject to adjudication. In re Moore v. Muir Co., 23 Am. B. R. 122. Nor a cold storage warehouse corporation. In re Philadelphia Freezing Co., 23 Am. B. R. 508; 174 Fed. 702. Nor corporation conducting a restaurant. In re Excelsior Cafe Co., 23 Am. B. R. 701 ; 175 Fed. 294. In re Wentworth Lunch Co., 20 Am. B. R. 29; 159 Fed. 413; 86 C. C. A. 393; aff'd U. S. Supp.). Nor corporation conducting a boarding stable. In re Willis Cab and Automobile Co. (D. C. N. Y.), 23 Am. B. R. 593. Nor corporation actually engaged in business of producing a theatrical play. In re J. J. Reisler Amusement Co. (D. C. N. Y.), 171 Fed. 283. As to Brewing Co., see In re Bloomsburg Brewing Co., 172 Fed. 174. [All of the above decisions and distinctions as to corporations are now- abrogated by Sec. 4-b of the amendments of 1910, but are retained as appli- cable to proceedings pending June 25, 1910.] 30 FORMS IN BANKRUPTCY. Allegation that the corporation comes within one of above classes should be specifl cally alleged or petition is demurrable. In re Taylor (C. C. A. 7th Cir.), 4 Am. B. R. 515; 102 Fed. 728; 42 C. C. A. 1. In re Callison, 12 Am. B. R. 344; 130 Fed. 987 aff'd sub nom. Brake v. Callison, 11 Am. B. R. 797; 129 Fed. 201; 63 C. C. A. 359. Beach v. Macon Grocery Co. (C. C. A. 5th Cir.), 9 Am. B. R. 762; 120 Fed. 736; 57 C. C. A. 150. In re Mero, 12 Am. B. R. 171; 128 Fed. 630. In re Broadway Savings Trust Co. (C. C. A, 8th Cir.), 18 Am. B. R. 254; 152 Fed. 152; 81 C. C. A. 58. Burden of proof on petitioners. In re Columbia Real Est. Co., 4 Am. B. R. 411; 101 Fed. 965. Who may be a petitioning creditor. In re Ryan, 7 Am. B. R. 562; 114 Fed. 373. In re Brown. 7 Am. B. R. 102; 111 Fed. 979. Must have been a creditor at the time of the commission of alleged act of bankruptcy. In re Callison, 12 Am. B. R. 344; 130 Fed. 987; aff'd sub. nom. Brake v. Callison {8upra). In re Brinkmann, 4 Am. B. R. 551 ; 103 Fed. 65. Beers v. Hanlin, 3 Am. B. R. 745; 99 Fed. 695. Provable claims. Wife of alleged bankrupt. In re Novak, 4 Am. B. R. 311; 101 Fed. 800. Only one creditor. In re Penzansky, 8 Am. B. R. 79. Stockholders. In re Rollins, etc. Co., 2 N. B. N. Rep. 988. Unliquidated claim, authorities divided. Pro. If provable. In re F. L. Grant Shoe Co. (C. C. A. 2nd Cir.), 12 Am. B. R. 349; 130 Fed. 881; 66 C. C. A. 78; aff'g 11 Am. B. R. 48; 125 Fed. 576. Contra. In re Big Meadows Gas Co. (D. C. Pa.), 7 Am. B. R. 697; 113 Fed. 974. In re Manhattan Ice Co., 7 Am. B. R. 408; 114 Fed. 400; afE'd 8 Am. B. R. 569; 116 Fed. 604; 54 C. C. A. 60. In re Brinkmann (D. C. Ind.), 4 Am. B. R. 551; 103 Fed. 65. In re Morales, 5 Am. B. R. 425; 105 Fed. 761. Splitting claims not allowed. In re Independent Thread Co., 7 Am. B. R. 704; 113 Fed. 998. In re Tribelhorn (C. C. A. 2nd Cir.), 14 Am. B. R. 491; 137 Fed. 3; 69 C. C. A. 601. In re Halsey Electric Generator Co., 20 Am. B. R. 738. Stroheim v. Perry and Whitney Co. (C. C. A. 1st Cir.), 23 Am. B. R. 695; 175 Fed. 52; aff'g 22 Am. B. R. 772; 172 Fed. 745. Endorser. In re Gcrson, 5 Am. B. R. 89; 105 Fed. 891; aff'd (C. C. A. 3rd Cir.), 6 Am. B. R. 11; 107 Fed. 897; 47 C. C. A. 49. Holder of note not yet due. In re Rothenberg, 15 Am. B. R. 485; 140 Fed. 798. Secured creditors, not if fully secured. Creditors Twho have secured voidable preference. In re ilurnstein, lU Am. B. R. 308; 122 Fed. 266. In re Herzikopf, 9 Am. B. R. 90; 118 Fed. 101. In re Norcross, 1 Am. B. R. 644, In re Cain, 2 Am. B. R. 318. In re Gillette, 5 Am. B. R. 119; 104 Fed. 769. In re Fishblate Clothing Co., 11 Am. B. R. 204; 125 Fed. 986. lure Vastbinder, 11 Am. B. R. 118; 126 Fed. 417. Stevens v. Nave-McCord Mercantile Co. (C. C. A. 8th Cir.), 17 Am. B. R. 609; 150 Fed. 71; 80 C. C. A. 25. Creditors holding attachments. In re Hurlingtou Malting Co., 6 Am. B. R. 369; 109 Fed. 777. In ro Schenkein, 10 Am. B. R. 322; 113 Fed. 421. Contra. In re Hornstein, 10 Am. B. R. 308; 122 Fed. 266. FORMS IN BANKRUPTCY. 31 Trustee in bankruptcy of a petitioning creditor may be substituted. Hays V. Wagner (C. C. A. 6th Cir.). 18 Am. B. R. 163; 150 Fed. 533; 80 C. C. A. 275. Subcontractor may not be a petitioner. In re Ellis (C. C. A. 6th Cir.), 16 Am. B. R. 221; 143 Fed. 103; 74 C. C. A. 397. "Who may be estopped. Creditors inducing assignment. Clark V. Henne and Mayer (C. C. A. 5th Cir.), 11 Am. B. R. 583; 127 Fed. 288: 62 C. C. A. 172. One assenting to, or receiving benefit under general assignment, may not be petitioning creditor. Moulton V. Coburn (C. C. A. 1st Cir.), 12 Am. B. R. 553; 131 Fed. 201; 66 C. C. A. 90. Aff'g In re Coburn, 11 Am. B. R. 212. Durham Paper Co. v. Seaboard Knitting Mills, 10 Am. B. R. 29; 121 Fed. 179. Sec, In re Curtis (C. C. A. 7th Cir.), 2 Am. B. R. 226; 94 Fed. 630; 36 C, C. A. 430. In re Simonsoa v. Sinsheimer (C. C. A. 6th Cir.), 3 Am. B. R. 824; 100 Fed. 426; 40 C. C. A. 474. Stroheim v. Perry and Whitney Co. (supra). Corporation creditor may not be estopped because an officer of said corporation in his individual capacity acted as the assignee. In re Winston, 10 Am. B. R. 171 ; 122 Fed. 187. Right of petitioning creditor to withdraw. When creditor has used the machinery of the court and obtained a settlement of his claim he cannot withdraw from the proceeding. In re Beddingfleld, 2 Am. B. R. 355; 96 Fed. 190. A creditor who has joined under a misunderstanding of fact may be permitted to withdraw as a petitioning creditor. Moulton V. Coburn (supra). No power in court to compel creditors to become petitioners. In re Gillette and Prentice, 5 Am. B. R. 119; 104 Fed. 769. SufiBciency of. — The caption no essential part. In re Gorman, 15 Am. B. R. 587. Petition must allege that debtor owes at least $1,000 to confer jurisdiction. Taft Co. V. Century Sav. Bank (C. C. A. 8th dr.). 15 Am. B. R. 594; 141 Fed. 369; 72 C. C. A. 671. Insufficient allegation of preference. In re Pure Milk Co.. 18 Am. B. R. 735; 154 Fed. 682. In re Tupper (D. C. N. Y.), 20 Am. B. R. 824; 163 Fed. 766. In re Flint Hill Stone and Construction Co., 18 Am. B. R. 81 ; 149 Fed. 1007. Essential to allege " insolvency at time of transfer." In re Hammond (D. C. N. Y.). 20 Am. B. R. 776; 163 Fed. 548. Allegations of acts of bankruptcy must be based on something more than rumor, hearsay or suspicion. In re Blumberg, 13 Am. B. R. 343; 133 Fed. 845. In re Mero, 12 Am. B. R. 171 ; 128 Fed. 630. Prayer for adjudication. In re Wing Yick Co., 13 Am. B. R. 757. Acts of bankruptcy. Sec. 3 (3). "Permitting preferences through legal proceedings." Failure to vacate a preference resulting from judgment levy and sale is an act of bankruptcy even though the judgment debtor is a corporation and defended in good faith, provided such corporation was insolvent five days before the day set for the sale. 32 FORMS IN BANKRUPTCY. In re Rung Furniture Co. (C. C. A. 2nd Cir.), 14 Am. B. R. 12; 139 Fed. 526; 71 C. C. A, 342 ; afif'g 10 Am. B R. 44. Computation of time for completion of such act of bankruptcy ; when petition prema- turely filed. Pittsburgh Laundry Supply Co. v. Imperial Laundry Co. (C. C. A. 3rd Cir.), 18 Am. B. R. 756; 154 Fed. 662; 83 C. C. A. 486. In re Nusbaum, 18 Am. B. R. 598 ; 152 Fed. 835. In re Nat. Hotel and Cafe Co., 15 Am. B. R. 69; 138 Fed. 947. Levy of an execution against a partnership. Failure to discharge levy constitutes an act of bankruptcy by all the members. Holmes v. Baker and Hamilton (C. C. A. 9th Cir.). 20 Am. B. R. 252; 160 Fed. 922; 88 C. C. A. 104. Sale under distress for rent may not constitute an act of bankruptcy. Richmond, etc., Co. v. Allen (C. C. A. 4th Cir.), 17 Am. B. R. 583; 148 Fed. 657; 78 C. C. A. 389. A creditor's petition which merely alleges that an attachment has been made upon property of the alleged bankrupt in a legal proceeding against him, does not set forth an act of bankruptcy within the meauing of this section. In re Vetterman (D. C. N. H.), 14 Am. B. R. 245; 135 Fed. 448. "Final Disposition," meaning of. In re Tupper (D. C. N. Y.), 20 Am. B. R. 824; 163 Fed. 766. Acta of Bankruptcy. Sec. 3 (4). Appointment of receiver. Since amendment of 1903 a receivership is not au act of bankruptcy unless it was pro- cured upon the application of the insolvent himself while insolvent and does not make the putting of a receiver in charge of the property of an insolvent an act of bankruptcy unless by reason of insolvency. In re Spalding (C. C. A. 2nd Cir.), 14 Am. B. R. 129; 139 Fed. 244; 71 C. C. A. 370; rev'g 8. c. 13 Am. B. R. 223. See, Blue IVIountain Iron and Steel Co. v. Portner (C. C. A. 4th Cir.), 12 Am. B. R. 559; 131 Fed. 57; 65 C. C. A. 295; certiorari denied in, 195 U. S. 636; 49 L. Ed. 355. Appointment under general equity powers of the court not an act of bankruptcy. Zugalla V. International Mercantile Agency (C. C. A. 3rd Cir.), 16 Am. B. R. 67; 142 Fed. 927; 74 C. C. A. 97; rev'g 13 Am. B. R. 725. In re Edward Ellsworth Co., 23 Am. B. R. 284; 173 Fed. 699. What sufficient to bring within section. Hooks V. Aldridge (C. C. A. 5th Cir.), 16 Am. B. R. 658; 145 Fed. 865; 76C.C. A. 409. In re Pickens Mfg. Co. (D. C. Ga.), 20 Am. B. R. 202; 158 Fed. 894. In re Belfast Mesh Underwear Co. (D. C. Conn.), 18 Am. B. R. 620; 153 Fed. 224. In re Douglass Coal and Coke Co., 12 Am. B. R. 539. Beatty v. Anderson Coal Mine Co. (In re Beatty) (C. C. A. 1st Cir.), 17 Am. B. R. 738; 150 Fed. 293; 80 C. C. A. 181. In re Kennedy Tailoring Co. (D. C. Tenn.), 23 Am. B. R. 656; 175 Fed. 871. Acts of Bankruptcy. Sec. 3-a (4). General assignment. Construed in a generic sense. In re Thomlinson Co. et al. (C. C. A. 8th Cir.), 18 Am. B. R. 691; 154 Fed. 834; 83 C. C. A. 550. Coupled with voluntary dissolution of a corporation, an act of bankruptcy. In re Bennett Shoe Co. (D. C. Conn.), 15 Am. B. R. 497; 140 Fed. 687. Conveyance in trust for benefit of creditors though without preferences an act of bankruptcy. In re Salmon and Salmon, 16 Am. B. R. 122; 143 Fed. 395. Essential allegations in re giving of mortgage. In re Flint Hill Stone and Construction Co., 18 Am. B. R. 81; 149 Fed. 1007. FORMS IN BANKRUPTCY. 33 Clark V. Henne and Meyer etal. (0. C. A. 5th Cir.), 11 Am. B. R. 583; 127 Fed. 288; 62 C. C. A. 172. In re Broadway Savings Trust Co. (C. C. A. 8th Cir.), 18 Am, B. R. 254; 152 Fed. 152; 81 C. C. A. 58. In reTupper. 20 Am. B. R. 824; 163 Fed. 766. In re Ball, 19 Am. B. K. 609; 156 Fed. 682. Mills V. J. H. Fisher and Co., 20 Am. B. R. 237; 159 Fed. 897; 87 C. C. A. 77. Hartman v. John Peters and Co., 17 Am. B. R. 61 ; 146 Fed. 82. Application for voluntary dissolution by a corporation in State Court is not an act of bankruptcy. In re Empire Metallic Bedstead Co. (C. C. A. 2nd Cir.), 3 Am. B. R. 575; 98 Fed. 981 ; 39 C. C. A. 372; aff'g s. c. 2 Am. B. R. 329. See, In re Harper and Bros., 3 Am. B. R. 804; 100 Fed. 266. Nor by a partnership. Boyd V. Boyd Fry Stove and China Co., 20 Am. B. R. 830. Frame of petition. May set forth several and distinct acts of bankruptcy. Bradley Timber Co. v. White, 10 Am. B. R. 329; 121 Fed. 779; 58 C. C. A. 55; aff'g 9 Am. B. R. 441. Nature of petitioner's claims. In re White, 14 Am. B. R. 241 ; 135 Fed. 199. Agent's authority should be set forth. In re Levingston. 13 Am. B. R. 357. Petition should not be disjunctive in form. In re Lascaris, 1 Am. B. R. 480. Verification of petition. In re Brumelkamp, 2 Am. B. R. 318 ; 95 Fed. 814. In re Ball (D. C. N. Y.), 19 Am. B. R. 609; 156 Fed. 682. By attorney In re Vastbinder. 11 Am. B. R. 118; 126 Fed. 417. In re Hunt, 9 Am. B. R. 251 ; 118 Fed. 282. In re Herzikopf, 9 Am. B. R. 90; 118 Fed. 101. In re Levingston, 13 Am. B. R. 357. Rogers v. De Sota Placer Mining Co. (C. C. A. 9th Cir.), 14 Am. B. R. 253; 136 Fed. 407; 69 C. C. A. 251. In re Chequasset Lumber Co., 7 Am. B. R. 87; 112 Fed. 56. Defect not jurisdictional and answering on merits 'waives. Leidigh Carriage Co. v. Stengel, 2 Am. B. R. 383; 95 Fed. 637. Simonson v. Sin- gheimer (C. C. A. 6th Cir.), 95 Fed. 948; 87 C. C. A. 337. No abuse of discretion to allow amendment. Armstrong v. Fernandez (U. S. Sup.), 19 Am. B. R. 746; 208 U. 8. 324; 52 L. Ed. 514. Effect of filing petition.—" Caveat to all the world." State Bank of Chicago v. Cox (C. C. A. 7th Cir.), 16 Am. B. R. 32; 143 Fed. 91 ; 74 C. C. A. 285. In re Billing, 17 Am. B. R. 80; 145 Fed. 395. In re Lutfy, 19 Am. B. R. 614; 156 Fed. 873. Phenix Nat. Bank v. Waterbury (N. Y. Sup. Ct.), 20 Am. B. R. 140; 128 App. Div. 453; 108 N. Y. Supp. 391. 34 FORMS IN BANKRUPTCY. FORM No. 6. INVOLUNTARY PETITION BY ONE CREDITOR AGAINST A PARTNER- SHIP. To the Honorable , Judge of the District Court of the United States, for the District of : The petition of , of , respectfully shows : First. That and are and have been co-partners, doing business under the firm name and style of , and have had their principal place of business at , State and district aforesaid, for the greater portion of the six months next preceding the date of the filing of this petition; that the said partnership is insolvent and owes debts to the amount of one thousand dollars and upwards and is neither a wage-earner nor a person engaged principally in farming or the tillage of the soil. Second. That upon information and belief, the said partnership has less than twelve creditors. Third. That your petitioner is a creditor of said and composing the partnership firm of having a provable claim against said partnership, amounting in the aggregate in excess of securities held by him to the sum of five hundred dollars; that your petitioner is not entitled to priority of payment of his said claim within the meaning of Section 64 (b) of the United States Bankruptcy Act and the amendments thereof, nor has he received a preference within the meaning of Section 60 (a-b) of such law as amended. Fourth. That the nature and amount of your petitioner's claim is as follows : No part of said claim has been paid though duly demanded. Fifth. Your petitioner represents that the said and , composing the partnership firm of , while insolvent and within four months next preceding the date of this peti- tion, committed an act of bankruptcy in that they did heretofore, to wit: [Here specify act, giving facts, bringing under Section 3-a.] Wherefore your petitioner prays that service of this petition with a subpoena FORMS IN BANKRUPTCY. 35 may be made upon the said and individually and as co-partners doing business under the firm name and style of , as provided in the Acts of Congress relating to bankruptcy and that they as individuals and the firm of may be adjudged bankrupt within the purview of said Acts. Dated ,19... Petitioner. Attorney for Petitioner, Office, and Post Office Address, Street, (Verification.) NOTES. A partnership is a distinct entity and may be adjudged bankrupt irrespective of any adjudication against its individual members. Mills V. J. H. Fisher Co. (C. C. A. 6th Cir.). 20 Am. B. R. 237; 159 Fed. 899, 87 C. C. A. 77. In re Meyer et al. (C. C. A. 2nd Cir.), 3 Am. B. R. 559; 98 Fed. 976, 39 C. C. A. 368. Partnership adjudication draws to estate individual estate of partners though as in dividuals they have not been adjudicated. In re Latimer et al. (I). C. Pa.), 23 Am. B. R. 388. In re Meyer et al. {supj-a). Insanity of a partner and appointment of a committee will not prevent adjudication of partnership. In re L. Stein «& Co. (C. C. A. 7th Cir.), 11 Am. B. R. 536; 127 Fed. 547; 62 C. C. A. »72. In what district proceeding may be brought. In re Blair et al. (D. C. N. Y.), 3 Am. B. R. 588; 96 Fed. 76. What petition should show. In re Blair et al (supra). Petition filed by one creditor.— In re Blount 16 Am. B. R. 97; 142 Fed. 263. In re Ilofifschlaeger Co. (Lim.) v. Young Nap., 12 Am. B. R. 515. How number of creditors computed. Moulton V. Coburn (C. C. A. 1st Cir.). 12 Am. B. R. 553; 131 Fed. 201; 66 C. C. A. 90 aff'g 11 Am. B. R. 212. The averment that all the creditors of the alleged bankrupt are less than twelve in number does not limit the jurisdiction of the court. In re Plymouth Cordage Co. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 185 Fed. 1000; 68 C. C. A. 484, Se FORMS IN BANKRUPTCY. FORM No. 7. [Offkial.] SUBPOENA TO ALLEGED BANKRUPT. United States of America, District of To , in said District, Greeting : For certain causes offered before the District Court of the United States of America within and for the District of , as a court of bankruptcy, we command and strictly enjoin you, laying all other matters aside and notwithstanding any excuse, that you personally appear before our said District Court, to be holden at the United States Court House in said district, on the day of , A. D. 19. . ., to answer to a petition filed by in our said court, praying that you may be adjudged a bankrupt; and to do further and receive that which our said District Court shall consider in this behalf. And this you are in no wise to omit, under the pains and penalties of what may befall thereon. Witness, the Honorable , Judge of said Court, and the seal thereof, at the City of , this day of , A. D. 19. . . Cleric. J Seal of ] I the Court. J FORM No. 8. MARSHAL'S RETURN. I hereby certify that on the day of , 19 . . , at , in the City of , in my District, I personally served the within subpoena upon the within-named by exhibiting to the within original and at the same time leaving with a copy thereof. I further certify that at the same time and place I left with a duplicate original of the creditor's petition for adjudication herein. Dated , , 19. . . U. S. Marshal Dist. I hereby certify that after diligent search I am unable to find the within- named in my District. I further certify that on the day of , 19. . ., at , in the City of , in my District, that FORMS IN BANKRUPTCY. 37 being at the residence of said I delivered to and left a copy of the within subpoena with an adult member of the family, to wit, and at the same time and place left with a duplicate original of the creditor's peti- tion for adjudication herein. Dated , , 19... U. S. Marshal Dist NOTES. Subpoena to alleged bankrupt. — Issued by clerk. General Order III. Returnable in fifteen days. As to memorandum required by Equity Rule XII. In re Wing Yick Co. 13 Am. B. R. 360. Failure to make timely service does not terminate the proceeding. Gleason v. Smith & Co. (C. C. A. 3d Cir.), 16 Am. B. R 602; 145 Fed. 895; 76 C. C. A. 427. In re Stein (C. C. A. 2nd Cir.), 5 Am. B. R. 288; 105 Fed. 749; 45 C. C. A. 29. In re Frischberg, 8 Am. B. R. 607. Death of alleged bankrupt after filing of petition but, before service of subpoena, does not abate the proceeding. Shuteet al. v. Patterson et al. (C. C. A. 8th Cir.), 17 Am. B. R. 99; 147 Fed. 509; 78 C. C. A. 75. Service. See Equity Rule XIII. May be made by leaving the papers in the district with an adult member of his family at his home. In re Norton 17 Am. B. R. 504; 148 Fed. 301. Upon clerk of hotel where alleged bankrupt usually resided and of which he was the proprietor. In re Risteen (D. C. Mass.), 10 Am. B. R. 494; 122 Fed. 782. Service upon Commissioner of Corporation of State, In re Magid-Hope Silk Mf'g Co., 6 Am. B. R. 610; 110 Fed. 352. Fees of XT. S. Marshal for service. In re Damon et al., 5 Am. B. R. 133; 104 Fed. 775. 38 FORMS IX BANKRUPTCY. FORM No. 9. GENERAL APPEARANCE IN INVOLUNTARY CASE. In the District Court of the United States, for the District of ': In Bankruptcy. In the Mattee OF Alleged Bankrupt. y No. To the District Court of the United States, for the District of The clerk of this court will please enter my appearance as attorney for , of , the alleged bankrupt [or a creditor of said alleged bankrupt], who desires to plead herein in re- sponse to the petition of and , and that the said be adjudicated bankrupt. Dated , , , , 19... Attorney for. Address . NOTES. This appearance must now be filed within five days after the return day. See § 18-b, as amended. Consult Section Eighteen, ante, and see General Order IV. and Equity Rule YII. Adjudication should not be made before expiration of time limit. Day V. Beck, etc., Co. (C. C. A. 5th Cir.). 8 Am. B. R. 175; 114 Fed. 834; 52 C. C. A. 468. In re Humbert, 4 Am. B. R. 76 ; 100 Fed. 439. Comp. In re Columbia Real Estate Co.. 4 Am. B. R. 411; 101 Fed. 965. A preferred creditor and an attaching creditor cannot appear and plead without surrendering preference or attachment. In re Burlington flatting Co., 6 Am. B. R. 369; 109 Fed. 777. In re Rogers Milling Co., 4 Am. B. R. 540; 103 Fed. 687. In re Schenkein and Ano., 7 Am. B. R. 162; 113 Fed. 421. Voluntary appearance by alleged bankrupt equivalent to personal service, but only so far as to confer jurisdiction of the person. FORMS IN BANKRUPTCY. 39 705. In re Mason, 3 Am. B. R. 599; 99 Fed. 256. Shutts v. Bank, 3 Am. B. R 492; 98 Fed Extension of time to appear. In re Simonson, 1 Am. B. R. 197 ; 92 Fed. 904. In re Heinsfurter, 3 Am. B. R. 109; 97 Fed. 198. Authority of Attorney to appear. In re Kindt, 3 Am. B. R. 546; 98 Fed. 867. Cannot be questioned by answer of alleged bankrupt. Gage Co. v. Bell, 10 Am. B. R. 696; 124 Fed. 371. FORM No. 10. APPEARANCE BT INTERVENING CREDITOR. In the District Court of the United States, for the District of : In Bankruptcy. In the Matter OF Alleged bankrupt. y No. To the District Court of the United States, for the District of : I, , a creditor of , against whom a petition for an adjudication in bankruptcy, filed by , on the day of , 19 . . . . , is pending, desire to appear in such proceeding; and, to that end, the clerk of this court will please enter my appearance, by , Esq., of No St., , whom I hereby appoint as my attorney for such pro- ceeding and take note that I join in such petition as provided in Sec. 59-f of the bankruptcy law of 1898. Dated ..,19... Intervening Creditor, Address , [Verification if desired.] 40 FORMS IN BANKRUPTCY. FORM No. 11. PETITION TO INTERVENE. United States District Court, for the District of In Bankruptcy. In the Matter OP VNo. Alleged Bankrupt. To the Honorable , Judge of the District Court of the United States, for the District of : The petition of , respectfully alleges and shows on in- formation and belief: 1. That your petitioner, , is a creditor of the above named, , having a provable claim against the same amounting to in excess of securities held by him. That the nature and amount of your petitioner's claim is for : and that no part of said claim has been paid, although duly demanded. 2. That on or about the day of , 19 ... , , filed in the office of the clerk of this court a petition that be adjudged an involuntary bankrupt. That the said petition is still pending and that your petitioner desires to join in the petition of the said , that the said , be adjudged an involuntary bankrupt. Wherefore, your petitioner would respectfully pray that he be allowed to join in the said petition of , that the said be adjudged a bankrupt within the purview of the Bankruptcy Act of 1898 and the amendments thereof. Petitioner. [Verification.] FORMS IN BANKRUPTCY. 41 NOTES. Appearance by Intervening Creditor and Petition and Order of Interven- tion. — See 59 f. In re HaflE (C. C. A. 2d Cir.), 13 Am. B. R. 362; 136 Fed. 78; 68 C. C. A. 646; Whether creditors " join in the petition" or "file an answer" appearance should be entered. In re Taylor, 1 N. B. N. 412. If application is granted the applicant becomes as much a petitioning creditor as if he had joined in original petition. "Who may intervene. — Generally any creditor who could have filed the petition, Ayres v. Cone (C. C. A. 8th Cir.), 14 Am. B. R. 789; 138 Fed. 778; 71 C. C. A. 144. "When intervention allow^ed. If issue is general, creditor should be allowed to join in, even when four months from act of bankruptcy has expired. In re Stein, 5 Am. B. R. 288 ; 105 Fed. 749. In re Mammoth Pine etc. Co., 6 Am. B. R. 84; 109 Fed. 808. In re Mackey, 6 Am. B. R. 577; 110 Fed. 855. A deficiency in matter of form of the claim of an intervening creditor may be supplied upon the hearing. Hays v. Wagner (C. C. A. 6th Cir.), 18 Am. B. R 163; 150 Fed. 533; 80 C. C. A. 275. Delay of a year unreasonable. In re Jemison Mercantile Co., 7 Am. B. R. 588; 112 Fed. 966. No intervention to oppose adjudication upon voluntary petition. In re Carleton, 8 Am. B. R. 270; 115 Fed. 246. Practice. — By verified petition and usually granted ex parte. Intervention will not be ordered -when petition is defective on its face. In re Beddingfield, 2 Am. B. R. 355 ; 96 Fed. 190. Nor after a hearing and dismissal of original petition. In re Tribelhorn, (D. C. N. Y.), 14 Am. B. R. 491 ; 187 Fed. 3. Efifect of appearance or intervention. Involuntary proceedings in absence of collusion may be dismissed upon default with- out notice except to creditors intervening or appearing in the proceeding. In re Levi and Klauber (C. C. A. 2d Cir.), 15 Am. B. R. 294; 142 Fed. 962; 74 C. C. A. 932. See Amendments 1910, Sec. 59 g. Intervening creditors may be counted in making up the number of creditors and amount of claims necessary to support the petition. In re Crenshaw, 19 Am. B. R. 502; 156 Fed. 638. 42 FORMS IN BANKRUPTCY. FORM No. 12. ORDER AI.LOWING INTERVENTION. At a stated term of the District Court of the United States, for the District of , held at the United States Court House, City of , on the day of , 19.... Present : Hon. District Judge. In the Matter OF Alleged Bankrupt, V^o. Upon reading and filing the annexed petition of , verified , 19. . ., praying that he be joined as a petitioning creditor in the above entitled proceeding, and upon the petition in bankruptcy and all proceedings heretofore had herein, and upon motion of , attorney for said petitioner, it is Ordered, that be and he hereby is allowed to intervene herein, and is hereby joined and made a petitioning creditor, in the petition praying for the involuntary adjudication of , filed in the office of the clerk of the District Court of the United States, for the District of , on the day of ,19... D.J. FORMS IN BANKRUPTCY. 43 FORM No. 13. i ADMISSION OF BANKRUPTCY. a corporation organized and existing Tinder the laws of the State of , of , hereby admits its inability to pay its debts and its willingness to be adjudged a bankrupt on that ground. Dated ,19... i By [Acknowledgment.] NOTES. In re Mutual Mercantile Agency, 6 Am. B. R. 607; 111 Fed. 152. In re L. Humbert Co., 4 Am. B. R. 76; 100 Fed. 439. In re Marine Macliine Co., 1 Am. B. R. 421 ; 100 Fed. 439. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. Contra, In re Bates ISIachine Co., 1 Am. B. R. 129; 91 Fed. 625. Filing of a voluntary petition, not such an admission. In re Ceballos & Co., (D. C. N. J.), 20 Am. B. R. 459; 161 Fed. 445. Must be an unqualified admission. In re Baker-Ricketson Co., 4 Am. B. R. 605; 97 Fed. 489. In re Wilmington Hosiery Co., 9 Am. B. R. 579; 120 Fed. 179. See Brinkley v. Smithwick, 11 Am. B. R. 500; 126 Fed. 686. Debtor may request certain creditors to file petition. In re Duplex Radiator Co., 15 Am. B. R. 324; 142 Fed. 906. See, In re Independent Thread Co., 7 Am. B. R. 704; 113 Fed. 998. A treasurer cannot. In re Burbank Co. (D. C. N. H.), 21 Am. B. R. 838. Authority of Directors. — Cresson, etc.. Coal & Coke Co. v. Stauffer (C. C. A. 3d Cir.), 17 Am. B. R. 573; 148 Fed. 981; 78 C. C. A. 609, aff'g s. c. 16 Am. B. R. 309. In re Moeuch & Sons Co., 10 Am. B. R. 656; 123 Fed. 965 aff'd s. c. 12 Am. B. R. ^0; 130 Fed. 685; 66 C. C. A. 37. Even when directors hold over. In re Riley, Talbot & Hunt, 15 Am. B. R. 159. In re Lisk Mfg Co., (D. C. N. Y.), 21 Am. B. R. 674. Contra In re Quartz Gold Mining Co. (D. C. Or.), 19 Am. B. R. 667; 157 Fed. 243. Van Emon et al. v. Veal, (C. C. A. 9th Cir.), 158 Fed. 1022 ; 85 C. C. A. 547, aff'g 157 Fed. 243. In re Hudson River Electric Power Co., 23 Am. B. R. 191. In re Kersten, 6 Am. B. R. 510; 110 Fed. 929. In re Rollins Gold & Silver Mining Co. {obiter), 4 Am. B. R. 327; 102 Fed. 982. By Officer. In re Southern Steel Co. (D. C. Ala.), 169 Fed. 702. What insufficient. Conway et al. v. German et al. 165 Fed. 895; 91 C. C. A. 653. When a corporation admits in writing its inability to pay its debts and its willingness to be adjudged bankrupt upon that ground an opposing creditor cannot raise the question of solvency. In re Duplex Radiator Co. (supra). In re C. Moeuch & Sons Co. (C. C. A. 2d Cir.), 12 Am. B. R. 240; 130 Fed. 685; 66 C. C. A. 37. 44 FORMS IN BANKRUPTCY. FORM No. 14. DEMURRER TO PETITION. United States District Court, for the District of In Bankruptcy. In the Matteb OF y No. Alleged -Bankrupt Now comes , the above named alleged bankrupt, (or a creditor of alleged bankrupt,) by , his attorney, by pro- testation, not confessing or acknowledging all or any of the matters or things in said petition in bankruptcy set forth to be true in such manner and form as the same are therein set forth and alleged, and demurs to the petition of , filed herein , 19 ... , upon the follow- ing grounds: First. That it appears on the face of the said petition that the court is without jurisdiction to grant the relief prayed for in said petition. Second. That said petition is wholly without equity. Third. That said petition does not state facts sufficient to warrant the granting of the relief prayed for therein. Fourth. That the petitioners have not by their said petition shown them- selves entitled to the relief therein prayed for, or any part thereof. Attorney for Alleged bankrupt (or creditor), State of County of '' , being duly sworn, deposes and says : That he is the herein ; that the foregoing demurrer is not interposed for delay. Sworn to before me this day of , 19 . . . I hereby certify that the foregoing demurrer is in my opinion well founded in point of law. Dated , , 19... f Attorney for FORMS IN BANKRUPTCY. 45 NOTES. When should be interposed. When petition does not show all the jurisdictional facts. Green River Dep. Bank v. Craig Bros., 6 Am. B. R. 381; 110 Fed. 137. In re Ewing, 8 Am. B. R. 269; 115 Fed. 707. In re Hammond (D. C. N. Y.), 20 Am. B. R. 776; 163 Fed. 548. In re Lackow, 15 Am, B. R. 825. Answer on merits waives demurrer. Green River, etc., Bank v. Craig (supra). Leidigh Carriage Co. v. Stengel, 2 Am. B. R. 383 ; 95 Fed. 637. In re Cliflfe, 2 Am. B. R. 317; 94 Fed. 354. In re Cooper Bros., 20 Am. B. R. 392; 159 Fed. 956. If demurrer is overruled leave to answer is usually granted. If demurrer is sustained, new petition may be filed except where there is lack of jurisdiction. In re Toledo Portland Cement Co. (D. C. Mich.), 19 Am. B. R. 117; 156 Fed. 83. In re Britt, 12 Am. B. R. 492; 130 Fed. 981. Demurrer to Answer. None allowed. Goldman V. Smith, 1 Am. B. R. 266; 98 Fed. 183. FORM No. 15. NOTICE OF ARGUMENT OF DEMURRER. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged Banhrudt. In Bankruptcy No- Please take notice that the demurrer of , alleged bank- rupt, (or creditor herein,) to the petition filed herein on the day of , 19. . ., will be brought on for argument before the Hon United States District Judge, for the District of , at the U. S. Court House, in the City of , on the day of , 19 ... , at o'clock in the noon of said day and a motion made to over- 46 FORMS IN BANKRUPTCY. rule said demurrer with costs and for such other or further relief as to the court may seem just and proper. Dated , 19... Attorney for petitioning creditors, No Street, City of To , Esq., Attorney for alleged bankrupt, (or creditor.) FORM No. 16. [Official.] ANSWTR DENYING BANKRUPTCY. United States District Court, for the District of In Bankruptcy. In the Matter OF J3anJcTvpt. V No. At , in said District, on the day of , A. D. 19... And now the said appears, and denies that he has com- mitted the act of bankruptcy set forth in said petition, or that he is insolvent, and avers that he should not be declared bankrupt for any cause in said petition alleged ; and this he prays may be inquired of by the court, (or he demands that the same may be inquired of by a jury). Subscribed and sworn to before me, this A. D. 19... day of *!»")} FORMS IN BANKRUPTCY. 47 FORM No. 17. ANSWER ALLEGING MORE THAN TWELVE CREDITORS. In the District Court of the United States, for the District of : In Bankruptcy. In the Mattkk OP Bankrupt. No. Now comes of , , the person against whom a petition for an adjudication in bankruptcy has been filed herein, (or creditor,) and does hereby controvert such petition and file the following answer : That the creditors of the said are twelve and more in number. That annexed hereto is a list of all such creditors, with their addresses, under oath, as required by § 59-d of the bankruptcy law of 1898. Wherefore, answer is made to such petition, and a hearing and the judg- ment of the court is asked thereon. [by.... Address Answering Bankrupt. [or Creditor] Jiis Attorney, 1 The following is the list of the creditors and their addresses, referred to in the foregoing answer. LIST OF CREDITORS AND ADDRESSES. Names of Creditors. Addresses. Answering Bankrupt, (or creditor). 48 FORMS IN BANKRUPTCY. County of State of. ^ ^ " \ I, , the answering bankrupt [or creditor] mentioned and described in the foregoing answer, do hereby made solemn oath that the state- ments of fact contained in such answer are true, according to the best of my knowledge, information, and belief; and also that the list annexed thereto and j therein referred to comprises all of the creditors of the said I and gives their addresses, so far as they are known or can be ascertained. i Subscribed and sworn to before m, this day of , I 19... j NOTES. I i Answer to petition alleging that creditors are less than twelve in number. j Sec. 59-d. ; Service of notice. : lu re Tribelhorn (C. C. A. 2nd Cir.), 14 Am. B. R. 491 ; 137 Fed. 3; 69 C. C. A. 601. Insufficiencj' in allegation not an incurable jurisdictional defect. * In re Haff (C. C. A. 2nd Cir.), 13 Am. B. R. 362; 136 Fed. 78; 68 C. C. A. 340. i List under oath should be filed with answer. j In re Hafif {supra). An intervening creditor who became such by assignment after petition filed not to be ! counted in computing requisite number. ! Stroheim v. Perry and Whitney Co. (C. C. A. 1st Cir.). 23 Am. B. R. 695; 175 Fed. | 52; aff'g 22 Am. B. R. 772. j FORMS IN BANKRUPTCY. 49 FORM No. 18. ANSWER or AXLEGED BANKRUPT. United States District Court, for the District of In Bankruptcy. In the Matter OP y No. Alleged Bankrupt. Now comes , of , the person against whom a petition for adjudication in bankruptcy has been filed herein and does controvert such petition and file the following answer: 1. Denies that he is insolvent as alleged in said petition. 2. Denies that he has committed an act of bankruptcy as alleged in paragraph No of the petition, but on the contrary, alleges the facts to be aB follows: 3. Denies that , , and , petitioning creditors herein, have provable claims against him which amount in the aggregate in excess of the value of securities held by them to $ , but on the contrary, alleges the facts to be aB follows : Wherefore, avers that he should not be adjudged bankrupt for any cause in said petition alleged, and prays a hearing thereon and that the petition herein be dismissed (with costs). Alleged Bankrupt. Attorney for Alleged Bankrupt. ("Verification.) 60 FORMS IN BANKRUPTCY. NOTES. Sec. 18, 3. c. Defense of Solvency. Acme Food Co. v. Meier (C. C. A. 6th Cir.), 18 Am. B. R. 550; 153 Fed. 74; 82 C. C. A. 208. When immaterial. In re Sully (C. C. A. 2nd Cir.), 18 Am. B. R. 123; 152 Fed. 619; 81 C. C. A 609. See Lockman v. Lang, 132 Fed. 1 ; 65 C. C. A. 621. Objection to jurisdiction may be taken by answer as well as demurrer. In re Taylor, 4 Am. B. R. 515 ; 102 Fed. 728. Answer may contain any available defense or counterclaim. In re Paige, 3 Am. B. R. 679 ; 99 Fed. 538. Hill V. Levy, 3 Am. B. R. 374; 98 Fed. 94. Leidigh Carriage Co. v. Stengel, 2 Am. B. R. 383; 95 Fed. 637. Bray v. Cobb, 1 Am. B. R. 153; 91 Fed. 102. Claim of, " Not real party in interest," Strellow v. Schloss, (C. C. A. 3rd Cir.), 19 Am. B. R. 359; 156 Fed. 662; 84 C. C. A. 374, rev'g 149 Fed. 907. "When corporation admits inability to pay debts and willingness to be adjudged bank- rupt, question of its insolvency is immaterial. In re Duplex Radiator Co., 15 Am. B. R. 324; 142 Fed. 906. If answer is prolix or defective, may be stricken out. or amendment allowed. Bradley Timber Co. v. White, 10 Am. B. R. 329; 121 Fed. 779, aff'g 9 Am. B. R. 441. In re Coe, 1 Am. B. R. 504; 92 Fed. 333. In re Ogles, 1 Am. B. R. 671. Verification. — Must be verified. Attorney may verify for creditor when facts are within his knowledge or creditor is a non-resident. Respondent entitled to file. And not concluded by finding of State Court which appointed a receiver upon the ground of insolvency. In re Pickens Mf'g Co., 20 Am. B. R. 202; 158 Fed. 894. Insanity as a defense. In re Ward, (D. C. K Y.), 20 Am. B. R. 483. FORMS IN BANKRUPTCY. 61 FORM No. 19. ANSWER OF CREDITORS. TJnited States District Court, for the District of In Bankruptcy. In the Matter OF Alleged Bankrupt. y No. Now comes , of , a creditor of the above named alleged bankrupt, for answer to the petition of , praying that be adjudicated a bankrupt, respectfully shows : 1. That said creditor, Company, is a corporation duly organized under and by virtue of the laws of the State of , and is a creditor of said , having a provable claim in the sum of $ , all of which is unsecured. 2. On information and belief, said creditor denies the allegation of the petition that said alleged bankrupt is insolvent, but alleges that said bankrupt is solvent and has assets in excess of liabilities, enabling him to pay all his debts in full. 3. Upon information and belief, denies the allegation that the petitioner, , is a creditor of said alleged bankrupt or that he has a provable claim against said alleged bankrupt, which amounts in the aggre- gate in excess of the value of securities held by him to five hundred dollars ($500) and over, and denies that said petitioner is a creditor of said alleged bankrupt in any sum, and alleges that said petitioner, , is indebted to said alleged bankrupt in the sum of dollars ($....) over and above all counter claims. 4. Denies any knowledge or information sufficient to form a belief as to the allegations of the petition that said alleged bankrupt has less than twelve creditors. 5. Denies that said bankrupt has committed an act of bankruptcy as alleged in the petition, or that said should be declared bankrupt for any cause. "52 FORMS IN BANKRUPTCY. Wherefore, he prays a hearing thereon, and that the petition be dismissed with costs. • » Attorney for Creditor, Street, (Verification.) NOTES. Ans-wrer by Creditor. In re. Taylor (C. C. A. 7th Cir.), 4 Am. B. R. 515; 102 Fed. 738 ; 42 C. C. A. 1. FORM No. 20. DEMAND FOR JURY TRIAL. United States District Court, • for the District of In Bankruptcy. Ik the Matter OF =. No. Alleged bankrupt. i, , of , in said district, the alleged bankrupt, who has this day filed an answer to the petition filed on the day of , 19. ., by , and , praying for an adjudication in involuntary bankruptcy, do hereby apply for and demand a trial by jury in respect to those matters concerning which I am entitled thereto by the pro- visions of Section 19-a of the Bankruptcy Act. Dated , 19... Alleged Bankrupt. NOTES. Right absolute to bankrupt as to questions specified. Sections 18 and 19. Elliott V. Toeppuer, 9 Am. B. K. 50; 187 U. S. 327; 47 L. Ed. 200. Day V. Beck and Gregg Hardware Co.. 8 Am. B. R. 175; 114 Fed. 834. FORMS IN BANKRUPTCY. 53 Creditors cannot demand. InreHerzikoyf (C. C. A. 9th Cir.). 9 Am. B. R. 745; 121 Fed. 544; 57 C. C. A. 606. Issues limited to insolvency and act of bankruptcy charged in petition. Morss V. Frankliu Coal Co.. 11 Am. B. R. 423; 125 Fed. 998. Day V. Beck, etc., Co., 8 Am. B. R. 175; 114 Fed. 834. In re Christensen, 4 Am. B. R. 99; 101 Fed. 802. Simonsoa v. Sinsheimer, 3 Am. B. R. 824 ; 100 Fed. 426. Stephens v. Merchants' National Bank (C. C. A. 7th Cir.), 18 Am. B. R. 560; 154 Fed. 341; 83 C. C. A. 119. In re Neasmith (infra). Schloss v. A. Strellow and Co. (C. C. A. 3rd Cir.), 19 Am. B. R. 359; 156 Fed. 662; 84 C. C. A. 374; rev'g 17 Am. B. R. 881. In re Harris, 19 Am. B. R. 204; 155 Fed. 216. As to right of judge to submit other matters to jury. McNaughton v. Osgood, 114 N. Y. 574. McChire v. Gibbs, 157 N. Y. 413. Verdict on such questions advisory only, and a bill of exceptions, if taken, is of no value except upon a motion for a new trial. In re Neasmith (infra). As to whether alleged bankrupt is a wage earner merely advisory. Carpenter v. Cudd (C. C. A. 4th Cir.), 23 Am. B. R. 463; 174 Fed. 603. Burden on petitioners. McGowan v. Knittel (C. C. A. 3rd Cir.), 15 Am. B. R. 1 ; 137 Fed. 453; 69 C. C. A. 595. Time limit for demand. Waiver. In re Neasmith (C. C. A. 6th Cir.), 17 Am. B. R. 128; 147 Fed. 160. Oil Well Supply Co. v. Hall, 11 Am. B. R. 738; 128 Fed. 875. Bray v. Cobb, 1 Am. B. R. 153 ; 91 Fed. 102. FORM No. 21. [Official] ORDER FOR JURY TRIAL. In the District Court of the United States, for the District of : In Bankruptcy. In the Matter OF At , in said District, on the day of 19... 54 FORMS IN BANKRUPTCY. Upon the demand in writing filed by , alleged to be a bankrupt, that the fact of the commission by him of an act of bankruptcy, and the fact of his insolvency may be inquired of by a jury, it is ordered, that said issue be submitted to a jury. Clerk. Seal of the Court. NOTES. This Order not used in many jurisdictions including Southern district of New York. FORM No. 22. NOTICE OF TRIAL IN INVOLUNTARY PROCEEDING. United States District Court, for the District of : In Bankruptcy. In the Matter OP Alleged Bankrupt. No. Please take notice that the issues raised by the petition and answer filed herein, will be brought on for a trial and a motion will be made for judgment as prayed for in the petition, [or to dismiss the petition herein], at a term of this court, to be held in and for the District , at the court room, in the United States Court House, in the City of , on the day of , 19 . . , at o'clock in the noon of that day, or as soon thereafter as Counsel can be heard. Dated, , , , 19... Yours, etc. Attorneys for Petitioners, [or alleged Bankrupt.] Street, To Messrs Attorneys for FORMS IN BANKRUPTCY. 55 FORM No. 23. [Official.] SPECIAL VTARRANT TO MARSHAL. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF bankrupt. To the Marshal of said District, or to either of his deputies, greeting: Whereas a petition for adjudication of bankruptcy was, on the day of , A. D. 19 . . . , filed against , of the County of , State of , in said district, and said petition is still pending; and whereas it satisfactorily appears that said has committed an act of bankruptcy [or has neglected or is neglecting, or is about to so neglect his property that it has thereby de- teriorated or is thereby deteriorating or is about thereby to deteriorate in value], you are therefore authori;^cd and required to seize and take possession of all the estate, real and personal, of said , and of all his deeds, books of accounts, and papers, and to hold and keep the same safely subject to the further order of the court. Witness the Honorable , Judge of the said court, and the seal thereof, at , in said district, on the of , A. D. 19... j Seal of ) I the Court, j D.J. RETURN" BY MARSHAL THEREON. By virtue of the within warrant, I have taken possession of the estate of the within-named , and of all his deeds, books of account, and papers which have come to my knowledge. Marshal [or Deputy Marshal]. 66 FORMS IN BANKRUPTCY. FEES AND EXPENSES. 1. Service of warrant 2. Necessary travel, at the rate of six cents a mile each way. 3. Actual expenses in custody of property and other services, as follows. [Here state the particulars.] Marshal [or Deputy Marsha^. NOTES. Reference. Sec. 69a. Cross-reference. Sees. 2, (3), (15), 3-e, 38-a, (3). General Orders, X., XIX. This remedy little used as the equivalent remedies of a receiver and injunction are safer and accomplish much the same result. Compensation of marshal when he has taken possession of property under this section. Reasonable fees. In re Adams Sartorial Co., 4 Am. B. R. 107; 101 Fed. 215. In discretion of court. In re Scott, 3 Am. B. R. 625. FORMS IN BANKRUPTCY. 67 FORM No. 24. [Official.] BOND TO MARSHAL UPON RELEASE OF PROPERTY TO BANKRUPT. Know all men by these presents: That we, , as principal, and , as sureties, are held and firmly bound unto , marshal of the United States for the District of , in the full and just sura of dollars, to be paid to the said , his executors, administrators, or assigns, to wiiich payment, well and truly to be made, we bind ourselves our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19. . . The condition of this obligation is such that whereas a petition in bank- ruptcy has been filed in the district court of the United States for the District of , against the said , and the said court has issued a warrant to the marshal of the United States for said district, directing him to seize and hold property of the said , subject to the further order of the court, and the said property has been seized by said marshal as directed, and the said district court, upon a petition of said , has ordered the said property to be re- leased to him. Now, therefore, if the said property shall be released according to the said , and the said , being adjudged a bankrupt, shall turn over said property or pay the value thereof in money to the trustee, then the above obligation to be void; otherwise to remain in full force and virtue. Sealed and delivered in the presence of [seal.] [seal.] [seal.] Approved this day of , A. D. 19 . . . District Judge. FORM No. 25. BOND OF PETITIONING CREDITOR, UPON SEIZURE BY MARSHAL. Know all men by these presents: That we, , as principal, and , as sureties, are held and firmly bound unto , in the full and just sum of dollars to be paid to the said , executors, administrators, or assigns, to which payment, well and truly to 58 FORMS IN BANKRUPTCY. be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19. . . The condition of this obligation is such that whereas a petition in bank- ruptcy has been filed in the district court of the United States for the District of against the said , and the said has applied to that court for a warrant to the marshal of said district directing him to seize and hold the property of said , subject to the further orders of said district court. Now, therefore, if such a warrant shall issue for the seizure of said property, and if the said shall indemnify the said for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained, then the above obligation to be void ; other- wise to remain in full force and virtue. Sealed and delivered in presence of [seal.] [seal.] [seal.] Approved this day of , A. D. 19. . . District Judge. [Justification of sureties may be added.] FORM No. 26. PETITION THAT BOND OF PETITIONING CREDITORS BE INCREASED. United States District Court, for the District of ,. . ..,.: In Bankruptcy. In the Matter OF ^ No. Alleged bankrupt. To the District Court of the United States, for the District of . . . The petition of respectfully shows ; FORMS IN BANKRUPTCY. 59 1. That he is the president of , a corporation, against which a petition in involuntary bankruptcy was filed herein by , and on the day of ,19... 2. That on same day, upon the petition of said creditors and the filing of a cost bond by said creditors, was appointed temporary receiver and duly qualified. 3. That the receiver has taken possession of the place of business and all the assets of said Co. 4. That on the day of , 19 ... , the said , alleged bankrupt, appeared and filed an answer in this pro- ceeding denying its insolvency, denying the acts of bankruptcy charged, or that it should be adjudged bankrupt upon any ground. 5. That the bond filed by the petitioners herein for $250 is entirely in- adequate for the following reasons: (Here show value of assets, loss of credit, shrinkage of assets, etc., due to filing of petition.) 6. That in view of the above facts and conditions, the Co. should be adequately secured and protected against the action of the petitioning creditors in the appointment of a receiver, in case the petition is dismissed and adjudication refused. That the said bond of the petitioning creditors should be increased to $ to afford such protection. No previous application has been made for the relief herein prayed for. Wherefore your petitioner prays that an order be entered increasing the amount of petitioners' bond to dollars, and in default thereof an order be entered discharging the receiver and directing the return of the property now held by said receiver to the Co., the alleged bankrupt. Petitioner. (Verification.) 60 FOKM« IN BANKRUPTCY. FORM No. 27. ORDER DENTING PETITION TO INCREASE BOND. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of , 19... Present : Hon. , District Judge. In the Matter OP Alleged Bankrupt. > No A motion having been made herein by , the alleged bankrupt, upon petition verified the day of , 19. . ., that the petitioning creditors' bond should be increased to $ , and said motion having come on for hearing before this court, Now upon reading and filing the said petition and notice of motion, and the annexed affidavit of , duly verified, and after hearing of counsel for the bankrupt in support of the motion, and of counsel for the petitioning creditors in opposition thereto, and upon motion of , attorneys for the petitioning creditors, and due deliberation having been had, it is Ordered that the motion for an order increasing the petitioning creditors' bond filed in this court, be and the same is hereby in all respects denied. D.J. FORMS IN BANKRUPTCY. 61 FORM No. 28. ORDER EXTENDING TIME TO ANSWER. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of ,19... Present : Hon. District Judge. In the Matter OF Alleged Hankupt. Upon the notice of appearance herein of , an opposing creditor, on all the proceedings heretofore had herein, and on motion of , attorneys for , it is hereby Ordered that the time of to plead to the petition of to have adjudged an invol- untary bankrupt, be, and it hereby is extended to and including , 19... District Judge. 69 FORMS IN BANKRUPTCY. FORM No. 29. CONSENT TO WITHDRAW ANSWER AND FOR ADJUDICATION. fCnited States District Court, for the District of In Bankruptcy. In the Matter OF Alleged bankrupt. V No. I hereby withdraw the answer heretofore filed by me on the day , 19. . ., in the above entitled proceeding on behalf of , alleged bankrupt, (or creditor,) and consent that an order of adjudication in bankruptcy be entered herein without further notice. Dated ,19... Attorney for FORM No. 30. ORDER OF ADJUDICATION AND REFERENCE. In the District Court of the United States, for the District of : In the Matter OF Bankrupt. In Bankruptcy No. . At , in said District, on the day of FORMS IN BANKRUPTCY. 63 , A. D. 19 . . . ., before the Honorable Judge of the said Court in Bankruptcy, the petition of . . . that he be adjudged bankrupt, within the true intent and meaning of the Acts of Congress relating to bankruptcy, having been heard and duly con- sidered, the said hereby declared and adjudged bankrupt accordingly. And it is further ordered that the said matter be referred to one of the referees in bankruptcy of this Court, to take all such further pro- ceedings therein as are required by said Acts of Congress, and all such acts therein as the Court might take or perform, except such as by law or the gen- eral orders of the Supreme Court are required to be performed by the Judge; and that the said bankrupt shall attend before said referee on the day of , 19. . ., at o'clock . . . M., and thenceforth shall submit to such orders as may be made by said referee or by the Court relating to said bankruptcy. Witness, the Honorable , Judge of the said Court, and the seal thereof, at the City of , in said District, on the day of , A. D. 19. . . District Judge. Cleric. NOTES. Adjudication. Sec. 18- e, f and g. In involuntary cases, wlicn proper service has been made upon alleged bankrupt and there is no appearance by him or any of his creditors, court must either adjudicate or dis- miss the proceeding. In re Billing, 17 Am. B. R. 80; 145 Fed. 395. Death of alleged bankrupt after the filing of an involuntary petition but prior to service does not abate the proceeding. Shute V. Patterson (C. C. A. 8th Cir.), 17 Am. B. R. 99; 147 Fed. 509; 78 C. C. A. 75. Adjudication of partnership after death of partner. In re Coe, 19 Am. B. R. 618 ; 157 Fed. 308. Subsequent insanity does not abate proceeding. In re Kehler (C. C. A. 2nd Cir.), 19 Am. B. R. 513; 159 Fed. 55; 86 C. C. A. 245. When judge is absent from district, clerk must "forthwith refer the Ceiae to the referee." In re Polakoflf, 1 Am. B. R. 358. Judge in absence of personal objection may refer a proceeding to any referee within the district to subserve the convenience of the parties. 64 FORMS IN BANKRUPTCY. In re "Western Investment Co., 170 Fed. 677. Effect of. Neustader et al. v. The Chicago Dry Goods Co., 3 Am. B. R. 96. In re Billing (supra). In re Am. Brewing Co., 7 Am. B. R. 471 ; 113 Fed. 752. Confers jurisdiction complete and exclusive both in rem and in personam. Carter v. Hobbs, 1 Am. B. R. 215; 92 Fed. 594. Manson v. Williams (C. C. A. 1st Cir.), 18 Am. B. R. 674; 153 Fed. 525; 82 C. C. A. 475; aff'g s. c. 17 Am. B. R. 826. In re 1st Nat. Bank of Belle Fourche (C. C. A. 8th Cir.), 18 Am. B. R. 266; 152 Fed. 64; 81 C. C. A. 260. See on effect. Watson v. Merrill (C. C. A. 8th Cir.), 14 Am. B. R. 453; 136 Fed. 359; 69 C. C. A. 185. Corporation not dissolved by adjudication. Nat. Surety Co. v. Medlock, 19 Am. B. R. 654; 2 Ga. App. 665. Bankrupt not to be regarded as civilly dead from adjudication to appointment of trustee. Plant V. Gorham Mf g Co. (D. C. N. Y.), 174 Fed. 852. The issue as to whether a corporation is amenable to the Act is not jurisdictional and is concluded by the adjudication. In re 1st Nat. Bank of Belle Fourche (supra). Adjudication cannot be attacked for first time on discharge by a creditor who had proceeded thus far under it. In re Polakoff ($upra). In re Mason, 3 Am. B. R. 599 (and foot note), 99 Fed. 256. No collateral attack. Edelstein v. U. S. (C. C. A. 8th Cir.), 17 Am. B. R. 649; 149 Fed. 636; 79 C. C. A. 328. Huttig Mfg. Co. V. Edwards (C. C. A. 8th Cir.), 20 Am. B. R. 349; 160 Fed. 619; 87 C. C. A. 521. Dempster v. Waters-Pierce Oil Co. (In re Dempster) (C. C. A. 8th Cir.), 22 Am. B. R. 751 ; 172 Fed. 353. In re Walrath, 175 Fed. 243. If adjudication is of the partnership firm only, the discharge following is only of firm debts. In re Hale, 6 Am. B. R. 35; 107 Fed. 432. Dodge v. Kaufman, 15 Am. B. R. 542; 46 N. Y. Misc. 248. See, In re Bertenshaw (C. C. A. 8th Cir.), 19 Am. B. R. 577; 157 Fed. 363; 85 C. C. A. 61, In re McMurtrey and Smith, 15 Am. B. R. 427; 142 Fed. 853. Effect of individual adjudication on firm liabilities. In re Meyers, 3 Am. B. R. 200; 97 Fed. 753. In re Morrison, 11 Am. B. R. 498; 127 Fed. 186. Comp. In re Feigenbaum, 7 Am. B. R. 339. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. Jarecki Mf'g Co. v. McElwaine, 5 Am. B. R. 751. In re Kaufman, 14 Am. B. R. 393; 136 Fed. 262. Loomis V. Wallblom, 13 Am. B. R. 687 ; 94 Minn. 893. See, In re McFaun, 3 Am. B. R. 66 ; 96 Fed. 592. Where there was no notice to firm creditors. When not res-adjudicata. In re Letson (C. C. A. 8th Cir.), 19 Am. B. R. 508; 157 Fed. 78; 84 C. C. A. 6W. Hussey v. Richardson-Roberts Dry Goods Co. (C. C. A. 8th Cir.), 17 Am, B. R. 618; 148 Fed. 598; 78 C. C. A. 370. As to petitioning creditor's claim. FORMS IX UANKKUPTCY. 65 In re Harper (D. C. N. Y.). IT.") lel. 412. If an adjudication 13 supported by a sufficient allegation and proof of an act of bank- ruptcy, it cannot be set aside on appeal because other acta alleged were neither properly pleaded nor sufficiently proved. In re Lynan (C. C. A. 2nd Cir.), 11 Am. B. R. 466; 127 Fed. 123; 62 C. C. A. 123. Bankruptcy court may adjudicate a corporation even though its property is in posses- sion of receivers appointed in a State Court. In re C. Moeuch and Sons (C. C. A. 2nd Cir.), 12 Am. B. R. 240; 130 Fed. 685; 66 C. C. A. 37. Proceedings under State Act for the sale of the assets of an insolvent corporation under writ of fieri facias does not work a dissolution of the corporation so as to defeat the juris- diction of a court of bankruptcy to adjudge it a bankrupt. Cresson and Cleartield Coal and Coke Co. v. Stauffer (C. C. A. 3rd Cir.), 17 Am. B. R 573; 148 Fed. 981; 78 C. C. A. 609. FORM No. 31. ORDER DENYING ADJUDICATION. United States District Court, for the District of a.. •:. 5 In Bankruptcy. In the Matter OF ^No. Alleged Bankrupt. At , in said District, on day of , A. D. 19 . ., before the Honorable , Judge of the District of This cause came on to be heard at , in said court, upon the petition of and and , that be adjudged a bankrupt within the true intent and meaning of the Acts of Congress relating to bankruptcy, and (here state the proceeding, whether there was no opposition, or if opposed, state what proceedings were had). And thereupon, and upon consideration of the proofs in said cause (and the arguments of counsel thereon, if any), it was found that the facts set forth in said petition were not proved; and it is therefore adjudged that said is not a bankrupt, and that said petition be dis- missed, with costs. 66 FORMS IN BANKRUPTCY. Witness, the Honorable , Judge of said court, and the seal thereof, at , in said District, on the day of , A. D. 19... District Judge. ( Seal of ) I the Court. J NOTES. Neustadter v. Chicago Dry Goods Co., 3 Am. B. R. 96 ; 96 Fed. 830. FORM No. 32. ORDER DISMISSING PETITION, VACATING RECEIVERSHIP AND NO- TICE OF SETTLEMENT. At a stated term of the District Court of the United States for the District of , held at the the United States Court House, City of , on the day of ,19... Present : Hon , District Judge. In the Matter OF Alleged J^ankrupt. y No. The issues raised by the petition and answer in above entitled proceeding having been duly noticed for trial for , 19 . . . , by , an answering creditor (or alleged bankrupt) herein, and the same having duly appeared upon the calendar of this court for trial on said date, and duly called for trial, and the petitioning creditors having de- faulted thereon. Now on motion of , attorneys for , answering creditor (or alleged bankrupt). FORMS IN BANKRUPTCY. 67 It is ordered that the petition herein be and the same hereby is dismissed (and the order herein, appointing , as temporary receiver be, and the same hereby is vacated) (and the order of this court dated , 19. . ., restraining creditors be and the same hereby is vacated). D. J. United States District Court, District of In Bankruptcy. In the Matter OF Alleged Bankrupt. V No. Sirs: Please take notice that we will present the annexed proposed order for settlement to the Hon , at his Chambers at the U. S. Court House, City of , on the day of , 19. . ., at o'clock in the noon. Yours, etc., Atty. for Creditors, (or bankrupt,) Street, To , Esq., Atty. for petitioning creditors. , Esq., Temporary Receiver. 68 FORMS IN BANKRUPTCY. FORM No. 33. ORDER REFERRING ISSUES TO SPECIAL MASTER. At a stated term of the District Court of the United States for the District of , held at the United States Court House, City of , on the of ,19... Present : Hon. District Judge. In thb Matter OF Alleged Bankxupt V No- A petition having been filed herein on the day of , 19 ... , by , and others praying that be adjudged an involuntary bankrupt and , the alleged bankrupt, (or a creditor herein,) having appeared and filed an answer to said petition and said proceeding having been duly noticed for trial (and the same having appeared upon the calendar of this court). Now upon motion of , attorney for , it is Ordered that the issues raised by the petition and answer in the above en- titled proceeding be and hereby are referred to , Esq., as Special Master for examination, testimony and report. B. J. NOTES. Issues raised by petition and answer may be referred to special master. In re Lacov (C. C. A. 2nd. Cir.), 13 Am. B. R. 400; 134 Fed. 237; 67 C. C. A.19. FORMS IN BANKRUPTCY. 09 FORM No. 34. NOTICE OF HEARING BEFORE SPECIAL MASTER. TJnited States District Court, for the District of : In Bankruptcy. In the Matter OF ^No. Alleged bankrupt. Notice of hearing. Sir: Please to take notice, that a hearing under the order of reference en- tered on , in the above entitled proceeding will be brought on before , Esq., as Special Master, at his office, No. Street, City of , on the day of , 19 . . . , at o*clock M. of that day, or soon thereafter as counsel can be heard. Dated the day of , 19 . . . Yours, etc., ? Attorney for , To Attorney for ,, Esq., 70 FORMS IN BANKRUPTCY. FORM No. 35. ORDER UPON REPORT OF SPECIAL MASTER DISMISSING PETITION, ETC. At a stated term of the District Court of the United States for the District of , held at the United States Court House, City of , on the day of , 19... Present : Hon , District Judge. In the Matter OP Alleged Bankrupt. V No. A motion having been made herein by for an order confirming the report of , Esq., Special Master, appointed herein under an order dated , 19. . ., and dismissing the peti- tion in bankruptcy heretofore filed herein with costs and for an order vacating and discharging the order of , 19. ., appointing a temporary receiver herein and for other and further relief, and the said motion having duly come on for argument, now on the involuntary petition in bankruptcy filed herein 19, . . . by , and , creditors, the answers filed thereto by , a creditor, and by the alleged bankrupt, the order of this court dated , 19. ., appointing , re- ceiver of the estate of said alleged bankrupt, the order of reference herein dated , 19. . ., and the report of said Special Master dated , 19. . ., and notice of this motion with proof of due service thereof, and the report and petition of said , verified , 19. . ., for an allowance for his services and disbursements to be paid by the petitioning creditors, and for his discharge as such receiver, and for further relief, and the petition of , attorney for said receiver, verified , 19..., for an allowance for his services and disbursements as attorney for said receiver, and on all the pro- ceedings had herein, after hearing , Esq., of counsel for FORMS IN BANKRUPTCY. :i , alleged bankrupt herein, , Esq., attorney for the petitioning creditors herein, and Esq., attorney for the receiver herein, and due deliberation having been had, it is Ordered, that the report of said Special ]\Iaster herein be and hereby is in all respects confirmed and that the petition in bankruptc}' filed herein , 19 ... , praying that said be adjudged an involuntary bankrupt be and the same hereby is dismissed with $ costs and disbursements, as taxed, which said sum, , and are hereby directed to pay to the said , alleged bankrupt, and it is further Ordered that the matters of the said report, application and petition of Esq., temporary receiver herein, and the petition of his said attorneys filed herein , 19. . ., be and the same hereby are referred to , Esq., as Special Master for examination, testimony and report thereon with all convenient speed. D. J. FORM No. 36. ORDER THAT BANKRUPT FILE SCHEDULES. At a stated term of the United States District Court for the District of , held at tlie United States Court House, City of , on the day of , 19... Present : Hon. District Judge. In the Matter OF y No. Bankrupt. A motion having been made to punish the above named bankrupt for con- tempt for failure to file schedules herein, and said motion having come on for a hearing before this court, 73 FORMS IN BANKRUPTCY. Now, upon reading and filing the notice of motion to punish the above named bankrupt for contempt, and the petition of , annexed thereto; and After hearing , of counsel for the petitioning creditors, in support of said motion, and , attorney for , the bankrupt herein, it is Ordered that be and he hereby is directed to file his schedules herein on or before the day of 19. . ., and that upon his failure to file such schedules on or before said day, it is Ordered and decreed that the said be adjudged in con- tempt of court. D.J. FORM No. 37. AFFIDAVIT TO LIST OF CREDITOBS PREPARED BY PETITIONING CREDITORS. United States District Court, for the District of : In Bankruptcy. In the Matter OF bankrupt. y No. County of ] , District of , V ss. : State of , and of , being severally duly sworn, depose and say that they are the petitioning creditors in this proceeding; that the said » the bankrupt, is absent from the said district and cannot be found ; that your petitioners have made diligent inquiry into his affairs for the purpose of ascertaining the names and places of residence of all of his creditors, and FORMS IN BANKRUPTCY. 73 according to the best of their information, such names and places of residence are as set out in the above schedule. Subscribed and sworn to before me, this day of , 19 . . FORM No. 38. ORDER DISMISSING INVOLUNTARY PROCEEDINGS BY CONSENT. At a stated term of the United States District Court for the District of , held at the "United States Court House, City of , on the day of ,19... Present : Hon , District Judge. In thk Matter OP Alleged Bankrupt. No. Upon reading and filing the annexed consents of the creditors herein, the affidavit of , the alleged bankrupt, duly verified, and the consents of the receiver, and the attorneys for the petitioning creditors and receiver, and it appearing to the satisfaction of the court that all the creditors of the above named alleged bankrupt have signed said annexed consent, and due notice having been given, it is, on motion of , attorneys for the above named alleged bankrupt, Ordered, that the petition in involuntary bankruptcy filed herein on the day of , 19 ... , against the above named , be and the same hereby is dismissed, without costs ; and it is further Ordered, that , temporary receiver, turn over to the said , the alleged bankrupt, all the property, assets and 74: FORMS IN BANKRUPTCY. effects now in his possession, and that upon the delivery of said property and assets to the said , the said is hereby discharged of his trust and his bond cancelled and discharged. D.J. NOTES. Order dismissing Petition. — Notice to Creditors. Iq re Lederer (D. C. N. Y.), 10 Am. B. R. 492; 125 Fed. 96. In re Ryan, 7 Am. B. R. 562; 114 Fed. 373. In re Plymouth Cordage Co., et al. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 135 Fed. 1000; 68 C. C. A. 434. [See Amendments of 1910, Sec. 59 (g) as amended with stringent pro visions as to notice.] Cost to alleged bankrupt. The alleged bankrupt should file his bill of costs with the clerk and serve notice of taxation. In re Haesler-Kohlhoff Carbon Co., 14 Am. B. R. 381; 135 Fed. 867. No allowance to counsel or damages. In re Ghiglione, 1 Am. B. R. 580; 93 Fed. 186. Costs. "When petition is dismissed for lack of jurisdiction. See In re Philadelphia and Lewes Transportation Co. (D. C. Pa.), 11 Am. B. R. 444; 127 Fed. 896. In re Williams (D. C. Ark.), 9 Am. B. R. 736; 120 Fed. 34. FOiiMS IN BANKRUPTCY. 75 FORM No. 39. PETITION TO VACATE ADJUDICATION, United States District Court, for the District of .....: In Bankruptcy. In the Matter OF JBankrupt. L No. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : First. That he resides in the City of , State of Second. That your petitioner is a creditor of said alleged bankrupt and his claim is based upon the following facts: ; . Third. That heretofore and on or about the day of , 19. . ., your petitioner instituted an action in the Court of County against the above named , alleged bankrupt, as defendant. That said action was brought to recover the sum $ , and on the day of , 19 ... , a judg- ment was rendered in said action in favor of petitioner. Fourth. That an execution upon the said judgment was duly issued to the Sheriff of County, the said judgment having been duly docketed in the office of the Clerk of County. That said execu- tion was duly levied upon the real property of the said defendant. Fifth. That on , 19..., a petition in involuntary bank- ruptcy was filed in this court against the above named , and a receiver appointed. That thereafter an alleged adjudication was made therein in which the said was declared a bankrupt. The said receiver has made a demand upon the Sheriff to deliver over to him all the property of heretofore levied upon under the execution obtained by petitioner upon his said judgment. Sixth. That your petitioner is informed and verily believes that the aforesaid petition in bankruptcy filed herein did not set forth the jurisdic- tional facts required under the Bankruptcy Act, and is defective and void. 76 FORMS IN BANKRUPTCY. and insufficient to confer jurisdiction upon the court to proceed therein. That the said petition and subpoena required to be served upon the alleged bank- rupt by law, were never in fact properly served upon the said bankrupt, as required by law to obtain jurisdiction over tke said bankrupt, and that the purported service of the same upon the said was illegal and void, in that said petition and subpoena were alleged to have been served out- side of this district, and not upon the alleged bankrupt personally. That the alleged bankrupt had absconded and left the jurisdiction. That this court never in fact, acquired any jurisdiction whatever in the said bankruptcy proceeding, and the alleged adjudication was for that reason without jurisdic- tion and void. Your petitioner therefore prays that an order be granted herein, vacating and setting aside the alleged adjudication in bankruptcy herein, vacating the appointment of the receiver herein and all proceedings heretofore had, and dismissing the petition heretofore filed herein. That no previous application for this order has been made. Dated , , 19... Petitioner. (Verification.) NOTES. Moving party must be a creditor with provable claim. In re Columbia Real Estate Co., 4 Am. B. R. 411 ; 101 Fed. 965. Motion to vacate an adjudication in voluntary proceedings on ground of lack of jurisdiction as to residence denied for laches. In re Urban & Suburban Co. (D. C. N. J.), 12 Am. B. R. 687; 133 Fed. 140. In re Tully (D. C. N. Y. ). 19 Am. B. R. 604; 156 Fed. 634. In re Niagara Contracting Co. (D. C. N. Y.). 11 Am. B. R. 643; 127 Fed. 782. Granted when at date of the filing of the petition there was no existing provable debt. In re Yates (D. C. Cal.), 8 Am. B. R. 69; 114 Fed. 365. See. In re Ives (C. C. A. 6th Cir.), 7 Am. B. R. 692; 113 Fed. 911; 51 C. C. A. 541. An adjudication warranted by proof of an act of bankruptcy sufficiently alleged may not be set aside because other alleged acts of bankruptcy were not properly pleaded and proved. In re Lynan (C. C. A. 2nd Cir.), 11 Am. B. R. 466; 127 Fed. 123; 62 C. C. A. 123. Adjudication is res adjudicata upon motion to vacate, where creditor has assented by proving his claim. In re Hintze (D. C. Mass.). 13 Am. B. R. 721 ; 134 Fed. 141. Petition to vacate granted. Altoinvood Park Co. v. Gioynne (C. C. A. 2nd Cir.), 20 Am. B. R. 31; 160 Fed. 448; 87 C. C. A. 409. Entire want of jurisdiction over the res may be taken advantage of at any time; over the person must be taken promptly. In re IVIason. 3 Am. B. R. 599 ; 99 Fed 256. FORMS IN BANKRUPTCY. 77 FORM No. 40. NOTICE OF MOTION TO VACATE ADJUDICATION. United States District Court, for the District of : In Bankruptcy. In the Matter OF Bankrupt. V No. Sirs: Please take notice that upon the annexed petition of , duly verified the day of , 19. . ., and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this court at a term thereof, to be held in the United States Court House at , on the day of , 19 ... , at o'clock in the noon of that day or as soon thereafter as counsel can be heard, for an order vacating and setting aside the alleged adjudication in bankruptcy herein, and all proceedings thereon, and dismissing the petition heretofore filed herein, and for such other and further relief as to the court may seem just and proper in the premises. Dated , ,19... Yours, &c., Attorney for petitioner, Office and Post Office Address, Street, To , Esq., Attorney for petitioning creditors. To , Esq., Attorney for creditors. 78 FORMS IN BANKRUPTCY. FORM No. 41. PETITION FOR SERVICE BT PUBLICAXIOIT. United States District Court District of , In Bankruptcy. In the Matter OF Alleged Bankrupt. V No. To the Honorable Judge of the District Court of the United States for the District of : The petition of Messrs , respectfully shows to this court and alleges: 1. That your petitioners are the attorneys for the petitioning creditors herein. That a petition in bankruptcy was duly filed and an application for the appointment of a receiver was made, which application was granted, and the receiver is now in possession of assets of the above-named alleged bankrupt. 2. A subpoena was issued to the marshal and a return thereto was made, and the marshal returned that he was unable to serve the alleged bankrupt personally as he was without the jurisdiction of this court. 3. That the above-named alleged bankrupt (is a corporation organized under the laws of the State of ) resides, (or has its principal office and place of business) at No , City of 4. Your petitioners further allege that the above-named alleged bankrupt has not designated a person upon whom process might be served in the State of 5. Your petitioners further allege that the alleged bankrupt is without the jurisdiction of this court and has absconded. That by reason thereof, per- sonal service of the subpoena herein upon the alleged bankrupt is impossible. Wherefore, your petitioners pray that an order may be made herein permit- ting service by publication upon the above named alleged bankrupt. And your petitioners will ever pray. Dated, , , ,19... Fetxixoner. (Verification.) FORMS IN BANKRUPTCY. 79 FORM No. 42. ORDER OF PUBLICATION. United States District Court. District of . . . In Bankruptcy. In the Matter OF Alleged bankrupt. ^No. It appearing to my satisfaction by the petition of , verified the day of , 19. ., that a petition was filed in this court on the day of , 19. ., praying that the above named be adjudged a bankrupt and that a subpoena directed to said alleged bankrupt was duly issued out of this court to the marshal of this district and that the said marshal has been unable to serve the same, and that said alleged bankrupt is not now within this dis- trict so that personal service may be made upon him, and that diligent efforts have since been made to ascertain the whereabouts of the said alleged bank- rupt, but that he is not now within the jurisdiction of this court, it is Now, on motion of , Esq., attorney for the petition- ing creditors. Ordered that the above named alleged bankrupt plead, answer or demur on or before the day of , 19. ., to the petition herein filed in the office of the clerk of this court, on the day of , 19. . : and in case of his failure to plead answer or demur thereto, adjudica- tion shall be made according to the prayer of said petition. And it is further ordered that this order be published in the once a week for two successive weeks, said publication to commence not later than the day of , 19. ., and that a copy of this order be mailed to the said alleged bankrupt at his last known residence (or place of business) No , , in the City of , on or before the date of the first publication. Dated, , , , 19... D.J. 80 FORMS IN BANKRUPTCY. FORM No. 43. PETITION TO AMEND PETITION. TJnited States District Court, for the District of : In Bankruptcy. In the Matteb OF Bankrupt. y No. To the District Court of the United States, for the District of . The petition of , and respectfully shows and alleges: 1. That they are the petitioning creditors herein. 2. That on the day of , 19. . ., your petitioners duly filed in this court, a petition that the above named be adjudged an involuntary bankrupt and the alleged bankrupt's time to appear in said proceeding has not yet expired. 3. That through inadvertence, the following allegations were omitted in the paragraph of said petition in bankruptcy : 4. That by reason of petitioners' ignorance of the true facts at the time the said petition in bankruptcy was verified and filed the following act of bankruptcy on the part of the said was not alleged nor set forth correctly in said petition : That said facts have come to petitioner's knowledge from the following sources : 5. That no previous application has been made for an order herein. Wherefore, petitioners pray that the petition in bankruptcy filed herein on the day of , 19 ... , be amended nunc 'pro tunc by supplying and adding the following allegation to paragraph of said petition : " FORMS IN BANKRUPTCY. 81 and further amended by adding and incorporating therein, with the same force and effect as if originally therein, the following new paragraph : " • > and for such other and further relief as may be just and proper. 'Petitioners. (Verification.) NOTES. Act. Sec. 18. Genl. Orders VI. XI. Qenerally a matter of discretion for the Court. Wilder v. Watts, 15 Am. B. R. 57; 138 Fed. 426. Armstrong v. Fernandez (V. S. Sup.), 19 Am. B. R. 746; 208 U. S. 324; 52L.Ed.514. Ryan v. Hendricks (C. C. A. 7th Cir.), 21 Am. B. R. 570; 166 Fed. 916; 92 C. C. A. 78. Usually granted to cure an error due to mistake of counsel. In re Freund, 1 Am. B. R. 25. Mistake in name of bankrupt. Gleason v. Smith, Perkins & Co. (C. C. A. 3rd Cir.), 16 Am. B. R. 602; 145 Fed. 895; 76 C. C. A. 427. Clerical error. In re Bellah, 8 Am. B. R. 310; 116 Fed. 69. To supply a specific allegation that alleged bankrupt is not within one of the excepted classes. Beach v. Macon Grocery Co. (C. C. A. 5th Cir.), 9 Am. B. R. 762 ; 120 Fed. 736. In re Brett, 12 Am. B. R. 492; 130 Fed. 981. In re White, 14 Am. B. R. 241; 135 Fed. 199. In re Plymouth Cordage Co. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 135 Fed. 1000; 68 C. C. A. 434. In re Crenshaw, 19 Am. B. R. 502; 156 Fed. 638. In re Shoesmith (C. C. A. 7th Cir.), 13 Am. B. R. 645; 135 Fed. 684; 68 C. C. A. 322. Armstrong v. Fernandez (V. S. Sup.), (Supra.) Conway v. German (C. C. A. 4th Cir.), 21 Am. B. R. 577; 166 Fed. 67; 91 C. C. A. 653. To correct variance bet'wreen pleadings and proof. In re Lang, 3 Am. B. R. 231; 97 Fed. 196. lu re Miller, 5 Am. B. R. 140; 104 Fed. 764; Chicago Motor Vehicle Co. v. American Oak Leather Co. (C. C. A. 7th Cir.), 15 Am. B. R. 804; 141 Fed. 518; 72 C. C. A. 576. In re Hark Bros., 15 Am. B. R. 460; 142 Fed. 179, aff'd sub nom. Hark v. C. M. Allen Co. (C. C. A. 3rd Cir.), 17 Am. B. R. 3; 146 Fed. 665; 77 C. C. A. 91. Or to supply an insufficent statement of nature and amoimt of claims of petitioners or general insuflBciency of allegation. Conway v. German (supra). When not granted. When defect is fatal to jurisdiction. No act of bankruptcy alleged. Woolford V. Diamond State Steel Co., 15 Am. B. R. 31 ; 138 Fed. 582. Claims aggregate less than $500, by adding other creditors. In re Stein, 12 Am. B. R. 364. Or in effect a new and independent proceeding. 82 FORMS IN BANKRUPTCY. In re Hyde & Co., 4 Am. B. R. 602; 103 Fed. 617. In re Mercur (C. C. A. 3rd Cir.), 10 Am. B. R. 505 ; 122 Fed. 384; 58 C. C. A. 472 aff'g 8 Am. B. R. 275; 116 Fed. 655. In re Pure Milk Co., 18 Am. B. R. 735; 154 Fed. 682. In re Harris, 19 Am. B. R. 204; 155 Fed. 216. In re Kaufman (C. C. A, 2ud Cir.), 23 Am. B. R. 429; 176 Fed. 93. Or adding a later act of bankruptcy. In re Riggs Restaurant Co. (C. C. A. 2nd Cir.), 11 Am. B. R. 508: 130 Fed. 691; 66 C. C. A. 48. In re Sears (C. C. A. 2nd Cir.), 8 Am. B. R. 713; 117 Fed. 294; 54 C. C. A. 532, reversing in part s. c. 7 Am. B. R. 279 ; 112 Fed. 58. Wilder v. Watts, 15 Am. B. R. 57; 138 Fed. 426. In re Haff (C. C. A. 2nd Cir.), 13 Am. B. R. 362; 135 Fed. 742; 68 C. C. A. 380. Walker v. Woodside (C. C. A. 9th Cir.), 21 Am. B. R. 132; 164 Fed. 680; 90 C. C. A. 644. Within judicial discretion, Pittsburgh Laundry Supply Co. v. Imperial Laundry Co. (C. C. A. 3rd Cir.), 18 Am. B. R. 757 ; 154 Fed. 662; 83 C. C. A. 486. Contra. In re Nusbaum (D. C. N. Y.), 18 Am. B. R. 598; 153 Fed. 835. In re Hamrick, 23 Am. B. R. 721 ; 175 Fed. 279. Amendment can only be granted by Judge not by Referee. Practice. Petition or affidavit accompanied by a copy of proposed amendment and on due notice to all parties who have appeared or intervened. Petition must show why act of bankruptcy proposed to be set forth by amendment was not set up in original petition. In re Pure Milk Co., 18 Am. B. R. 736; 154 Fed. 683. In re Portner, 18 Am. B. R. 89; 149 Fed. 799. Effect. Relates back to time of filing original petition and has same effect as if originally included. Ryan v. Hendricks {supra). In re Beerman, 7 Am. B. R. 431; 112 Fed. 662. Chicago Motor Vehicle Co. v. American Oak Lea; her Co. (supra). And does not advance such date under Sec. 60a relating to preferences. First State Bank of Corwith v. Haswell (C. C. A. 8th Cir.), 23 Am. B. R. 330. When creditor waives right to object. In re Broadway Savings Trust Co. (C. C. A. 8th Cir.), 18 Am. B. R. 254; 152 Fed. 152; 81 C. C. A. 58. FORMS IN BANKRUPTCY. 83 FORM No. 44. ORDER REMANDING PROCEEDING. At a stated term of the United States District Court for the District of , held at the United States Court House, City of , on the day of 19... Present : Eon ..., District Judge. In the Matteb OF No. bankrupt. Upon all the papers and proceedings had herein and upon the petition in bankruptcy filed herein on the day of , 19 ... , in this court, and upon the appointment of as ancillary re- ceiver in said court and upon the petition in bankruptcy filed in the United States District Court for the District of , on the day of , 19 ... , and upon the order in said court appointing , temporary receiver in bankruptcy and upon the order of adjudication entered in the United States District Court for the District of , on the day of , 19. . ., and after reading and filing the petition of and , duly verified and notice of motion thereon and after reading the affidavit of , receiver attached to the said motion papers, verified the day of , 19 ... , and upon motion of , attorney for the petitioning creditors in the petition in bankruptcy filed in the UTnited States District Court, for the District of , and there being no opposition thereto (or after hearing , attorney for , in opposition thereto) and it appearing that the application made herein is just and proper, it is Ordered, that the petition in bankruptcy filed in the United States District Court for the District of , and all the papers and proceedings had thereon, be, and the same hereby are remanded to the proceeding pending in the same matter in the United States District Court for the District of , and it is. 84 FORMS IN BANKRUPTCY. (Further ordered, that as a condition precedent to the remanding of the said proceeding as above set forth, , the duly appointed ancil- lary receiver in this court, be and he hereby is directed to pay out of the funds now in his hands, the sum of dollars to , as and for an allowance for .costs and disbursements as objecting creditor in the answer interposed heretofore by him in this proceeding.) D.J. NOTES. In re Tybo Mining & Reduction Co., 13 Am. B. R. 68 ; 132 Fed. 697. Kyle Lumber Co. v. Bush, 13 Am. B. R. 535 ; 133 Fed. 688. Consolidation of proceedings. Salt Lake Valley Canning Co. v. Collins (C. C. A. 9th Cir.), 23 Am. B. R. 716 ; 176 Fed. 91. In re General Metals Co., 12 Am. B. R. 770. In re Sears, 7 Am. B. R. 279 ; 112 Fed. 58. In re United Button Co., 13 Am. B. R. 454 ; 132 Fed. 378. TITLE II. TEMPOEARY RECEIVER. FORU No. 45. Petition for Appointment of Temporary Eeceiver before Adjudica- tion. 46. Order appointing Receiver. 47. Consent of Bankrupt to Appointment of Receiver. 48. Bond of Petitioning Creditor. 49. Petition for Appointment of Receiver after Adjudication by Ref- eree and Request of Creditors. 50. Order appointing Receiver after Adjudication by Referee. 51. Receiver's Bond. 52. Petition for Retention of Counsel. 53. Affidavit by Attorney thereon. 54. Order authorizing Retention of Counsel. 56. Order authorizing Receiver to continue Business. 55. Petition by Receiver to continue Business. 57. Order that Receiver complete Contracts. 58. Affidavit by Receiver for leave to commence Action, 59. Order authorizing Receiver to commence Action. 60. Order permitting Receiver to join in Bankruptcy Petition. 61. Order permitting Suit against Receiver. 62. Order directing Delivery of Assets to Trustee, subject to lien for Receiver's Fees, etc. 63. Receiver's Report. 64. Receiver's Account and Oath to Same. 65. Notice of Hearing upon Accounts before Master. 66. Objections to Receiver's Account. '•• 67. Petition of Receiver's Attorney for Allowance. 68. Report of Special Master on Receiver's Account. 69. Notice of Motion to confirm Report of Special Master. 70. Order confirming Report of Special Master. 71. Order vacating Receivership. 72. Order authorizing Issuance of Receiver's Certificates. 73. Receiver's Certificate, 74. Answer of Lienor to Receiver's Application to issue Certificates. 75. Petition for Appointment of Ancillary Receiver. 76. Order appointing Ancillary Receiver. 85 86 FORMS IN BANKRUPTCY. FORM No. 45. PETITION FOR APPOINTMENT OF TEMPORARY RECEIVER BE- FORE ADJUDICATION. United States District Court, for the District of In Bankruptcy. In the Mattbb OP Alleged Bankrupt. To the Honorable , Judge of the United States District Court, for the District of : The petition of respectfully shows and alleges, upon information and belief: 1. That on the day of , 19 ... , petitioner to- gether with and , creditors of the above named , verified and filed a petition in this court that he be adjudged an involuntary bankrupt within the purview of the United States Bankruptcy Act. That the said petition was based on an act of bankruptcy committed by the said , to wit, That such proceeding is pending and will not be determined for some time. 2. That the said was carrying on business as a manu- facturer of (or dealer in) ; that his principal place of busi- ness is at ; that the said has a large amount of merchandise now situated at his place of business; that the said merchandise consists of 3. That your petitioner is informed and verily believes that the condition of the alleged bankrupt's affairs and business is such as to render it absolutely necessary that a receiver be appointed at once to preserve such property and FORMS IN BANKRUPTCY. 87 business, pending the issue of the bankruptcy proceedings. That the facts in regard to same are as follows : 4. That petitioner files herewith bond as required by Sect. 3-e of the Bank- ruptcy Act. 5. That the assets of the said alleged bankrupt, as your petitioner has been informed and verily believes, consist of and , hereinbefore mentioned ; and that said assets are of the value of $ 6. (That it will be to the best interests of this estate that the business of the alleged bankrupt at be continued by the receiver herein for the followinor reasons : 7. That no previous application has been made for this order. Wherefore your petitioner respectfully prays that a temporary receiver be appointed of all the assets and property of every kind of the said alleged bank- rupt; (and that such receiver be allowed to carry on the business of the said alleged bankrupt for a limited period as the court may direct) and for such other order in the premises as may be just and proper. Dated ,19.... Petitio7ier. (Verification.) ^ 88 FORMS IN BANKRUPTCY. FORM No. 46. ORDER APPOINTING RECEIVER. At a stated term of the District Court of the United States held in and for the .... District of , at the Court House in the City of , on the day of , 19 . . . Present : Hon. District Judge. In the Matter OF Alleged Bankrupt. In Bankruptcy. Upon the annexed petition of . . ; verified the day of , 19. ., and the petition in bankruptcy filed herein against (by) the above named alleged bankrupt, in the office of the clerk of this court on the day of , 19 . . , and upon the bond of the petitioning creditor duly filed and approved herewith, and it appearing that a subpoena has been duly issued against said bankrupt as required by law, and that the appointment of a receiver is absolutely necessary for the preservation of this estate, now on motion of attorneys for the petitioning creditors herein, It is ordered, that , Esq., be, and he hereby is is ap- pointed temporary receiver of the property, assets and effects of the above named alleged bankrupt, with all the usual rights and powers thereof until the further order of this court, in the premises, And it is further Ordered, that the said receiver give a bond to the people of the United States in the sum of $ conditioned for the faithful discharge of his duties as such receiver. And it is further Ordered, that said alleged bankrupt forthwith deliver to said receiver all of his property, assets and effects now in his possession or under his control, and the said alleged bankrupt and all other persons, firms, corporations, all credi- FORMS IN BANKRUPTCY. 89 tors of the said alleged bankrupt, as well as their and each of their attorneys, agents and servants, and all Sheriffs, Marshals and other officers, deputies and their employees are hereby jointly and severally restrained and enjoined from removing, transferring or otherwise interfering with the property, assets and effects of the above named alleged bankrupt and from prosecuting, exe- cuting or suing out of any court any process, attachment, replevin or other writ for the purpose of taking possession, impounding or interfering with any property, assets or effects of the above named alleged bankrupt, and from molesting, disturbing or interfering with the receiver herein appointed in the discharge of his duties. D. J. NOTES. Act, Sec. 2, (3). Cross References, Sees. 2, (15), 3-e 69-a. Order appointing Receiver before adjudication. See, Rules So. Dist. N. Y. XXXVIII., XXXIX. Notice to alleged bankrupt proper, but not necessary. In re Abrahamson and Bretstein, 1 Am. B. R. 44. An appointfnent without notice is not la a constitutional sense a deprivation of prop- erty without due process of law. Latimer v. McNeal (C. C. A. 3rd Cir.), 16 Am. B. R. 43 ; 143 Fed. 451 ; 73 C. C. A. 567, aff'g. In re Francis (D. C. Pa.), 14 Am. B. R. 676 ; 136 Fed. 912. See Collier on Bankruptcy, (7th), pp. 29-33. Byran v. Bernheimer (U. S. Sup.), 5 Am. B. R. 623 ; 181 U. S. 188 : 45 L. Ed. 814. Authority to appoint : In re Oakland Lumber Co. (C. C. A. 2nd Cir.), 23 Am. B. R. 181 ; 174 Fed. 634. In re Fixen. 2 Am. B. R. 822 ; 96 Fed. 748. In re Florcken, 5 Am. B. R. 802 ; 107 Fed. 241. Boonville National Bank v. Blakey (C. C. A. 7th Cir.), 6 Am. B. R. 13 ; 107 Fed. 891 ; 47 C. C. A. 43. Even though corporation was not subject to adjudication as a bankrupt. In re T. E. Hill Co. (C. C. A. 7th Cir.), 20 Am. B. R. 73 ; 159 Fed. 73 ; 86 C. C. A. 263. What an order directing bankrupt to deliver books to receiver should provide. In re Geo. Harris, 20 Am. B. R. 911 ; 164 Fed. 292. Appointment of a receiver denied, when no necessity therefor. "* Rowland v. Auto. Car Co., 13 Am. B. R. 799 ; 133 Fed. 835. In re Knopf, 16 Am. B. R. 432 ; 144 Fed. 245. In re Moody, 12 Am. B. R. 718 ; 131 Fed. 525. In re Benedict, 15 Am. B. R. 232 ; 140 Fed. 55. May be appointed to take charge of the property although estate is being administered by assignee or receiver in State Court. In re Etheridge Furniture Co.. 1 Am. B. R. 112 ; 92 Fed. 329. Power of Court to protect its receiver. Mason v. "Wolkowich (C. C. A. 1st Cir.), 17 Am. B. R. 709 ; 150 Fed. 699 ; 80 C. C. A. 435. What petition should state. " Absolutely necessary for preservation of estate." 90 FORMS IN BANKRUPTCY. In re Oakland Lumber Co. {supra). In re Rosenthal, 16 Am. B. R. 448, 144 Fed. 548. T. S. Faulk & Co. v. Steiner, Lobman& Frank et al. (C. C. A. 7th Cir.), 165 Fed. 861; 91 C. C. A. 547. Consent of bankrupt alone, not sufficient, s. c. Order should fix amount of bond, and specify powers. Order should fix time for filing petitioning creditors' bond before receiver takes possession. In re Haff (C. C. A. 2nd Cir.), 13 Am. B. R. 354 ; 135 Fed. 742 ; 68 C C. A. 840. Effect of appointment. In re Nelson & Bro. Co., 18 Am. B. R. 66 ; 149 Fed. 590. In re Alton Mfg. Co., 19 Am. B. R. 805 ; 158 Fed. 367. Title to property in hands of receiver. In re La Plume Milk Co., 16 Am. B. R. 729 ; 145 Fed. 1013. Appointment of receiver discretionary with the court and mandamus does not lie to compel such appointment. Edinburg Coal Co. v. Humphrey (C. C. A. 7th Cir.), 13 Am. B. R. 593 ; 134 Fed. 839 ; 67 C. C. A. 435. FORMS IN BANKRUPTCY. 91 FORM No. 47. CONSENT OF BANKRUPT TO APPOINTMENT OF RECEIVER. United States District Court, for the District of : In Bankruptcy. In the Matter OF Alleged bankrupt. No. I hereby consent to the appointment of a receiver as prayed for in the fore- going petition, (and that I be adjudged a bankrupt, as prayed for in the peti- tion of , and others, verified , 19. .,) and I hereby waive any bond on the part of the petitioning creditors. Dated , , , 19. . . State of ] County of j" On this day of , 19 ... , before me personally ap- peared , to me known and known to me to be the person described in and who executed the foregoing consent and duly acknowledged to me that he executed same. 92 FORMS IN BANKRUPTCY. FORM No. 48. BOND OF PETITIONING CREDITOR BY SURETY COMPANY, District Court of the United States, . , District of I In the Mattee OF > In Bankruptcy. bankrupt. Know all men by these presents: That as principal and the Company, having an office and usual place of business at No Street, in the City of , State of , as surety, are held and firmly bound unto in the full and just sum of Dollars, lawful money of the United States of America, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and sever- ally, firmly by these presents. Sealed with our seals and dated the day of , in the year Whereas, a petition has been duly filed in this Honorable Court, praying that the said be adjudged bankrupt , and an appli- cation has been made for the appointment of a receiver to take charge of and hold the property of the said alleged bankrupt , prior to the adjudication, and pending the hearing upon the said petition. Now, therefore, the condition of the above obligation is such. That if the said shall in the event of the said petition being dismissed, pay to the said alleged bankrupt FORMS IN BANKRUPTCY. 93 or legal representatives, all costs, expenses and damages oc- casioned by such seizure, taking and detention of the property of said alleged bankrupt , then the above obligation to be void, otherwise to be and remain in full force and virtue. In presence of (L.8.) The Co. By , Manager. Attest : , A ttorney-in-fact. ( Acknowledgment. ) (Justification of Surety.) NOTES. Act, Sec. 3-e. Cross-References, Sees. 2, (3), (15), 69-a. Required where application is made for a receiver to take charge of, and hold the property of the alleged bankrupt or any part thereof, prior to the adjudication and pending a hearing on the petition. The bond should be filed before the receiver takes possession. In re Haff (C. C. A. 2nd Cir.), 13 Am. B. R. 354; 135 Fed. 742; 68 C. C. A. 340. In re Sunseri, 18 Am. B. R. 231 ; 156 Fed. 103. In re McKane, 18 Am. B. R. 594; 158 Fed. 647. Comp. In re Hines, 16 Am. B. R. 538; 144 Fed. 147. Bond by single surety company sufficient. In re Sears-Humbert and Co., 10 Am. B. R. 389; 117 Fed. 294. Liability of bondsmen upon dismissal of petition. In re Smith. 16 Am. B. R. 478; 146 Fed. 923. Selkregg v. Hamilton, 16 Am. B. R. 474; 144 Fed. 557. In re Nixon, 6 Am. B. R. 693; 110 Fed. 633. In re Seurs-Humbert and Co., 10 Am. B. R. 389; 128 Fed. 275. In re Hines, 16 Am. B. R. 538; 144 Fed. 147. In re Williams, 9 Am. B. R. 736; 120 Fed. 34. Nixon v. Fidelity and Deposit Co. of Maryland (C. C. A. 9th Cir.), 18 Am. B. R. 174; 150 Fed. 574; 80 C. C. A. 336. In re Lacov (C. C. A. 2nd Cir.), 15 Am. B. R. 290; 143 Fed. 960; 74 C. C. A. 130. Hoffschlaeger Co. v. Young Nap, 12 Am. B. R. 526. Liable only for usual costs unless they acted without probable cause and with malice, when the remedy is a suit in the nature of malicious prosecution. In re Moehs v. Rechnitzer (D. C. N. Y.), 174 Fed. 165. T. E. Hill Co. V. Contractors, etc., Co., 24 Am. B. R. 84. See, "Collier on Bankruptcy," 7th Ed. p. 91, comp. In re Philadelphia and Lewes Transportation Co., 11 Am. B. R. 444. Runs only to respondents at time bond is given. In re Spalding (C. C. A. 2nd Cir.), 17 Am. B. R. 667; 150 Fed. 120; 80 C. C. A. 74. Alleged bankrupt should file his bill of costs with the clerk and give notice to the creditors. In re Haeseler-Kohlhoff Carbon Co., 14 Am. B. R. 381; 135 Fed. 867. 94 FORMS IN BANKRUPTCY. FORM No. 49. PETITION FOR APPOINTMENT OF RECEIVER AFTER ADJUDICATION BY REFEREE AND CONSENT OF CREDITORS. United States District Court, for the District of ; In Bankruptcy. In the Matter OF No. Bankrupt. To • ,Esq., Beferee in Bankruptcy. The petition of respectfully shows : That he is a creditor of , the bankrupt herein, having a provable claim for $ That the said bankrupt was duly adjudicated herein, on the day of , 19. . ,, and on the same day this proceeding was duly re- ferred, but that a trustee cannot be appointed for some time to come. That the bankrupt estate consists of and is worth substantially as follows: [Here state full particulars.] That it is absolutely necessary for the preservation of said estate that a temporary receiver be appointed to take charge of the same, for the following reasons : [That it will be for the best interests of the creditors of this estate, that the business located as above stated, be continued until a trustee can be ap- pointed and qualify, for the following reasons:] That no previous application has been made to this court for the order hereinafter asked. Wherefore, your petitioner prays that a receiver may bo appointed herein, (with authority to continue said business,) and for such other order as shall be just and lawful. Dated , ,19... Petitioner, (Verification.) FORMS IN BANKRUPTCY. 95 CONSENT OF CREDITORS. We, the undersigned, creditors of said bankrupt, holding unsecured claims in the amounts set opposite our names, do hereby consent to and request the appointment of a receiver herein. Dated , , 19... NOTES. Appointment of receiver by referee.— Not permitted in some districts, including Southern and Northern districts of New York. In no case can an appointment be made by referee before order of adjudication and reference. In re Florcken, 5 Am. B. R. 802; 107 Fed. 241. , Mueller v. Nugent, 7 Am. B. R. 224 ; 184 U. S. 1 ; 46 L. Ed. 405. FORM No. 50. ORDER APPOINTING RECEIVER AFTER ADJUDICATION. United States District Court, District of : In Bankruptcy. In the Matter OP Bankrupt. y No. , a creditor herein having filed a petition verified the day of , 19. . ., praying for the appointment of a receiver, (and that said receiver be authorized to continue the business in the usual and ordinary manner,) and it appearing that the appointment of a receiver herein as absolutely necessary for the preservation of the estate, (and creditors having consented thereto,) Now, on motion of , Esq., attorney for said creditor, it is 96 FORMS IN BANKRUPTCY. Ordered, that Esq., of the of , in said district, be, and he hereby is, appointed temporary receiver of the estate of said bankrupt, and directed to file a bond in the sum of $ , with sufficient sureties, to be approved by this court. (And it is further ordered that said receiver continue the business of said bankrupt, at No Street, in the of , in said district.) [That said receiver have power also to ] That said receiver continue as such until the appointment and qualification of a trustee herein. Dated , , 19... Referee in hanlcruptcy. FORM No. 51. BOND OF RECEIVER. District Court of the United States, District of : In the Matter OP Alleged Bankrupt. =- In Bankruptcy. Know all men by these presents: That as Principal and the Company, having an office and place of business at No Street, in the City of , State of , as Surety, are held and firmly bound unto the United States of America in the sum of Dollars, lawful money of the United FORMS IN BANKRUPTCY. 97 States, to be paid to the said the United States of America, for which payment, well and truly to be made, the said binds himself, his heirs, executors and administrators, and said Company binds itself, its successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated the day of , in the year Whereas, by an order made by Hon , United States District Judge, dated the day of , 19 . ., the said was appointed, with the usual powers, temporary receiver of all the property, assets and effects of bankrupt , until the appointment of a trustee in bank- ruptcy herein. Now, therefore, the condition of this obligation is such, that if the said shall faithfully discharge the duties of his trust as such receiver, and shall well and truly account for all moneys and property that shall come into his hands, and shall abide by and perform all things which he in said order is instructed to do, or shall hereafter be by the Court com- manded to perform, then this obligation shall be void; otherwise to be in full force and effect. Sealed and delivered in presence of r.. L.S. Company. By , Manager. Attest : , Attorney-in-fact. (Acknowledgment and Justification by Surety.) (Acknowledgment by Principal.) 98 FORMS IN BANKRUPTCY. FORM No. 52. PETITION TO RETAIN COUNSEL. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged Bankrupt. No. To the District Court of the United States, for the District of : The petition of respectfully shows : 1. That on the day of , 19 ... , he was duly appointed temporary receiver in bankruptcy of the above named alleged bank- rupt and has duly qualified and filed his bond in the penalty required. 2. That in the administration of the estate and in the performance of his duties as receiver, it will be necessary for your petitioner to employ counsel for the purpose of conducting an examination of the alleged bankrupt, rela- tive to moneys alleged to have been paid to creditors by way of preferences and in the discovery of assets, collection of outstanding accounts and for other matters incident to the administration of the estate. [Here set forth any other reasons.] 3. Your petitioner desires to employ as his counsel , the attorney for the petitioning creditors herein, and believes him well qualified to act as counsel in this matter to your petitioner, and that he represents no interests adverse to petitioner or the estate of the alleged bankrupt. Wherefore, your petitioner would respectfully pray for an order authorizing and permitting him to retain as his counsel in this pro- ceeding. Feiitxoner. (Verification.) FORMS IN BANKRUPTCY. FORM No. 53. AFFIDAVIT OF ATTORNEY THEREOH. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged Bankrupt State of . . County of ss.: , being duly sworn, deposes and says: That he is an attorney and counselor at law of the State of > and admitted to practice in this court; that he does not represent the above alleged bankrupt; and is in no way connected with said bankrupt; that he represents no interests adverse to , as receiver in bankruptcy of the above named estate and knows of no reason why he should not act as the attorney and counsel for the said receiver in this proceeding. Sworn to before me this day of , 19 . . . 100 FORMS IN BANKRUPTCY. FORM No. 54. ORDER AUTHORIZING RECEIVER TO RETAIN COUNSEL. At a stated term of the District Court of the United States, held in and for the District of , at the United States Court House, City of , on the day of , 19. . . Present : Hon. District Judge. In the Matter OF Alleged bankrupt. On reading and filing the annexed petition of , temporary receiver of the above named alleged bankrupt, verified the day of , 19 . . , and the affidavit of duly verified, and it appearing to the Court that the prayer of the said petition is reasonable and proper, it is Ordered that the said receiver be and he hereby is authorized and em- powered to retain as his attorney in this proceeding. D. J. NOTES. Petition and order to retain counsel necessary under local rules in many districts. See, Rule XXXIV., So. District of N. Y. Selection of counsel by receiver. In re Strobel (C. C. A. 2nd Cir.), 20 Am. B. R. 22; 160 Fed. 916. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 748. FORMS IN BANKRUPTCY. 101 FORM No. 55. PETITION BY RECEIVER TO CONTINUE BUSINESS OF BANKRUPT. United States District Court, for the District of : In Bankruptcy. In the Matter OF Bankrupt. >No. To the District Court of the United States, for the District of : The petition of , respectfully shows : That by an order of this court, dated , your petitioner was duly appointed temporary receiver herein, and duly qualified by filing the required bond. That on entering upon his duties herein as receiver, your petitioner has taken possession of the property, assets and effects of the bank- rupt, consisting of at Street, That he has made a careful investigation of the condition of the bankrupt's business and finds that said bankrupt has on hand a large number of unfilled orders, from which it is estimated the sum of $ , could be realized upon completion of same. That there is also a large stock of material on hand, consisting of and largely available for the purpose of completing such orders. That this property will be greatly enhanced in value by making it up into manufactured goods; otherwise, but a small amount will be realized for the creditors in disposing of the property in its present condition. Your petitioner believes it to be to the best interests of this estate that he be permitted to carry on the business for a limited period and fill these orders. (That at the time the petition in bankruptcy was filed against the said bankrupt, he was endeavoring to effect a settlement with his creditors, and said bankrupt as your petitioner is informed, believes that he can now effect such settlement with his creditors, if the business be continued and the good will preserved.) 10-^ FORMS IN BANKRUPTCY. Wherefore, your petitioner respectfully prays that he be permitted and em- powered to continue the business as conducted by the bankrupt for a period of days, and that in the conduct of the business, he be permitted to incur such expense and enter upon such contracts as in his judgment, may seem proper in the premises. Dated , , 19... Petitioner. (Verification.) FORM No. 56. ORDER AUTHORIZING RECEIVER TO CONTINUE BUSINESS OF BANK- RUPT. At a stated term of the United States District Court held in and for the District of , at the Court House in the City of , on the , day of , 19... Present : Hon , District Judge, In the Matter OF bankrupt. On the annexed petition of , temporary receiver herein, verified the day of , 19 ... , and sufficient reason appearing to me therefor, it is hereby. Ordered that , as receiver herein, be and he hereby is permitted, authorized and empowered to continue and carry on the business as conducted by the bankrupt herein, for a period of days, from date hereof, and in the conduct of said business, to make such contracts and incur such expense as in his discretion may be necessary. D.J. FORMS IN BANKRUPTCY. NOTES. 103 Continuance of a going business. Act, Sec. 2, (5) as amended 1910. Authority. — Creditors should join iu application. In re Bourlier Cornice and Roofing Co., 13 Am. B. R. 585, 590; 133 Fed. 958. Order authorizing may not be attacked collaterally. In re Isaacson (C. C. A. 2nd Cir.), 23 Am. B. R. 98; 174 Fed. 406. Duty of persons dealing with receiver running business to investigate extent of re- ceiver's authority. In re Erie Lumber Co., 17 Am. B. R. 689, 707; 150 Fed. 817. Receiver may be authorized to borrow money to continue bankrupt's business. In re Ristein, 20 Am. B. R. 832; 162 Fed. 986. Receiver should not carry on a business at expense of secured creditor who does not consent. In re Bourlier Cornice and Roofing Co. {supra). Liability when receiver continues business at a loss. In re Consumers Coffee Co., 20 Am. B. R. 835; 151 Fed. 933. In re Isaacson {supra). FORM No. 57. ORDER THAT RECEIVER COMPLETE CONTRACTS. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of , 19 . . . Present : Hon. District Judge. In the Matter OF bankrupt. Upon reading and filing the annexed petition of , temporary receiver herein, verified the day of , 19 . . . , and the annexed consent dated , 19 ... , and on motion of , attorney for receiver, it is Ordered that said , receiver herein, be and he hereby is 104 FORMS IN BANKRUPTCY. permitted and allowed to complete the orders which have come into his posses- sion and which are in the course of manufacture or unfilled, and to dispose of the same when completed, in the regular course of business, for cash, and to make such expenditures in relation thereto as may become necessary. D. J. FORM No. 58. AFTIDAVIT BY RECEIVER FOR LEAVE TO BEGIN SUIT. United States District Court, District of : In Bankruptcy. In the Matter OF Alleged Bankrupt. State of ) County of \^^'' , being duly sworn, deposes and says : 1. That on , 19. . ., a petition in involuntary bankruptcy was filed against , the alleged bankrupt above named, by and others ; that on the said , 19 ... , deponent was duly appointed temporary receiver in bankruptcy of the above naiiiod alleged bankrupt and required to file a bond in the sum of $ and the same was duly filed and approved; that thereafter deponent entered upon his duties as such receiver and is now continuing to act as such. 2. That no adjudication has been had herein; that a considerable period of time must necessarily elapse before a meeting of creditors can be called and a trustee elected herein. That among the assets belonging to the estate herein and in possession of deponent are certain promissory notes for $ , each made to the order of the said alleged bankrupt by and due , 19. . . . That as said promissory notes are due and un- paid, and there is considerable danger that same will become uncollectible FORMS IN BANKRUPTCY. 105 before a trustee can be elected and qualify herein; that as no trustee can be elected before , 19. . ., deponent believes that it is for the best interests of the estate herein that he be authorized to commence an action on said promissory notes as soon as possible. 3. No previous application has been made for this order. Sworn to before me this day of 19, Present : • Hon. FORM No. 59. ORDER AUTHORIZING RECEIVER TO BEGIN SUIT. At a stated tenn of the District Court of the United States for the District of held at the Court House, City of , on the day of 19... District Judge. In the Matter OF Alleged JBcaikrupt. On the petition, subpoena and all the proceedings herein, and on reading and filing the aflidavit of , temporary receiver in bank- ruptcy of , alleged bankrupt, verified , 19. . ., and on motion of , attorney for the said receiver, and sufficient reason appearing therefor, it is, upon motion of , attorney for said receiver. Ordered that , temporary receiver of the alleged bank- rupt herein, be and he is hereby authorized and directed to commence an action against upon the following cause of action: D. J. 106 FORMS IN BANKRUPTCY. NOTES. Suits by receiver. — Validity doubtful and little used as a receiver in bankruptcy is a mere custodian. A temporary receiver in bankruptcy has no authority to bring an action to set aside an alleged fraudulent transfer by the bankrupt. Guarantee Title and Trust Co. v. Pearlman, 16 Am. B. R. 461 ; 144 Fed. 550. Nor for recovery of property not in his possession. Boonville Nat. Bank v. Blakey (C. C. A. 7th Cir.), 6 Am. B. R. 13 ; 107 Fed. 891; 47 C. C. A. 43. Contra. In re Fixen (D. C. Cal.), 2 Am. B. R. 822; 96 Fed. 748. Cannot sue in another district. In re National Mercantile Agency, 12 Am. B. R. 189; 128 Fed. 639. In re Schrom, 3 Am. B. R. 352; 97 Fed. 760. FORM No. 60. ORDER AUTHORIZING RECEIVER TO JOIN IN BANKRUPTCY PETI- TION. At a stated term of the District Court of the United States for the District of held at the Court House, City of , on the day of 19 . . . Present : Hon , District Judge. In the Matter OF Alleged Bankrupt. On reading and filing the annexed petition of , receiver herein, verified the day of , 19 ... , and sufficient reason appearing to me therefor, Now, on motion of , attorney for , temporary receiver of , it is Ordered that the said , as temporary receiver of , be and he hereby is authorized and allowed to join with FORMS IN BANKRUPTCY. 107 the said , the bankrupt herein, in proceedings and petition to have adjudged an involuntary bankrupt and for such action or proceedings as may be necessary and proper thereto. D.J. FORM No. 61. ORDER ALLOWING SUIT AGAINST RECEIVER. At a stated term of the District Court of the United States for the District of held at the United States Court House in the City of , on the day of , 19... Present : Hon District Judge. In the Matter OF Alleged Bankrupt. On reading and filing the petition of , dated and verified , , 19 . . , and on motion of , attorney for the petitioner, and sufficient reason appearing therefor, it is Ordered, that the prayer of said petitioner be and the same hereby is granted, and that said petitioner have leave to commence an action in the Court of in the manner and form as he may be advised, for: (Here state object of action, e. g. foreclosure of mortgage on real estate.) and that petitioner have leave to make as temporary receiver of the estate of the above named , alleged bankrupt, a party defendant in said action. D. J. NOTES. Actions against receiver. — A receiver may not be sued except by leave of court, unless he is carrying on the business by order of court. 108 FORMS IN BANKRUPTCY. In re Kalb v. Berger Mfg. Co. (C. C. A. 2nd Cir.). 21 Am. B. R. 393; 165 Fed. 895. Not necessary to obtain leave to sue receiver on a claim for goods removed during receivership. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. Jurisdiction. — An action may be maintained against receiver for goods sold to him during receivership, in the City Court of New York. Orr Co. v. Cushman, 18 Am. B. R. 535. Stays in action against receiver personally ; no povrer though based on acts done as receiver. In re Kalb v. Berger Mfg Co. (C. C. A. 2nd Cir.) (supra). In re Kanter and Cohen (C. C. A. 2nd Cir.), 9 Am. B. R. 372; 121 Fed. 984; 58 C. C. A. 260. In re Spitzer (C. C. A. 2nd Cir.), 12 Am. B. R. 346; 130 Fed. 879; 66 C. C. A. 35. See, as bearing upon right to such stay. Murphy, 2nd. v. John Hofman Co. (U. S. Sup.), 21 Am. B. R. 487; rev'g 187 N. Y. 548. FORM No. 62. ORDER DIRECTING DELIVERY OF ASSETS TO TRUSTEE SUBJECT TO LIEN FOR FEES, ETC. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of , 19... Present : Hon , District Judge. In the Matter OF bankrupt. On reading and filing the annexed affidavit of , attorney for , temporary receiver of the estate of the above named bankrupt, verified , , 19. ., and due notice of this application having been given to , the trustee herein, Now on motion of attorney for receiver, it is FORMS IN BANKRUPTCY. 109 Ordered that the said receiver be and he is hereby authorized and directed to turn over to the trustee of the estate of the above named bankrupt, all the assets belonging to the estate herein now situated at , in the City of And it is further ordered, that , the said trustee, hold all the said property, when the same shall have been turned over to him by the said receiver, subject to the payment of all indebtedness incurred by the receiver in carrying on the business of the bankrupt and also to the payment of the allowance of the receiver and his expenses of administration and the allowance of his attorney, the amount of such allowances and expenses of administration to be fixed and determined hereafter by this court. D. J. FORM No. 63. REPORT OF RECEIVER. United States District Court, for the District of To the United States District Court, for the District of In Bankruptcy. In the Mattee OP bankrupt. No. I, , do hereby make and file my report and account as temporary receiver of the estate of the above named bankrupt : 1. I was appointed temporary receiver herein on the day of , 19 . . . , and required to file a bond in the penalty of ($ ). Having been notified of my appoint- ment, I obtained a certified copy of the order thereof, and filed my bond in the penalty required, and in company with the attorney for the petitioning creditors, I visited the premises of the alleged bankrupt, No Street, I there met and interviewed , the secretary of the company, and others. Subsequently other officers of the 110 FORMS IN BANKRUPTCY. alleged bankrupt arrived at the premises, and after consultation with attorney, turned over the premises to me. I placed a custodian in charge of the premises and took possession of the books, etc. I found that the bankrupt was a corporation, engaged in the manufacture and sale of I had a long consultation with the officers of the company and with various large creditors, in regard to the advisability of continuing the business, inasmuch as the company had on hand orders to be executed, amount- ing to about $ , and a large supply of material. I also learned that the company had been accustomed to obtain advances upon all its invoices and that almost all of the accounts due the company had been assigned for these advances. That upwards of $ of book accounts had been so assigned and no estimate could be then formed as to what, if any, equity the alleged bankrupt might have in said accounts. I finally decided that it would be of advantage to the estate to apply for an order authorizing me as receiver to continue the business for a period of twenty days, with leave to apply for a further extension, if desirable. I directed the custodian to take an inventory of all the property and sent all of the outstanding insurance policies to the various companies for transfer of interest. 2. On , 19. . ., I obtained an order allowing me to con- tinue the business for a period of days. I called an informal meeting of the creditors to meet at the bankrupt's premises, attended at the said meeting and remained in consultation with the attorneys and creditors for a considerable period. Also had consultations with the attorneys for the bankrupt company and , attorneys for creditors. I made a careful examination of the stock on hand and of the books, employed an expert accountant and obtained a general idea of the condition of the business. Revised and reduced the payroll as much as possible. I made arrangements with a number of supply houses to sell goods on credit and had various interviews with credit men. [Insert any additional or special allegations as to services, etc.] On , 19. . ., I obtained the consents of creditors repre- senting a majority in amount of claims, for an order extending my time to run the business for an additional twenty days, inasmuch as there were a large number of unfilled orders yet on hand and an order was signed to that effect. Subsequently I verified a petition for the appointment of appraisers and for a sale. On , 19. . ., an informal meeting of creditors was held on the bankrupt's premises, for which I prepared a detailed state- ment of the general condition of the business. That in carrying on the business of the bankrupt company it was necessary for me to devote a large amount of time to the details of the said business and to visit the premises of the bankrupt frequently. That I employed about persons, including the factory, office and sales departments and the weekly payroll averaged $ to $ That at the time I commenced to carry on the business, there were about $ in orders FORMS IN BANKRUPTCY. ill on hand and I subsequently obtained about $ additional orders. That as receiver I purchased merchandise and supplies, amounting to about $ , as shown in Schedule B. hereto annexed. I manufactured, filled and shipped all of the orders above mentioned, which were deemed profitable to fill. Annexed hereto is my verified account as receiver, showing receipts and disbursements in the conduct of the business. The merchandise and plant were sold at public auction pursuant to order of this court. I have received no compensation for my services as receiver and in conduct- ing the business of the bankrupt under the order of this court. Wherefore, I respectfully pray that my said account be passed as filed, that suitable allowances be made to , my attorneys and to the duly appointed appraisers and to myself as receiver, and for carrying on the business of said bankrupt, and that I be discharged as receiver herein. All of which is respectfully submitted. Dated , , 19... Receiver. FORM No. 64. RECEIVER*S ACCOUNT AND OATH TO SAME. United States District Court, District of . In Bankruptcy. In the Matter OF > No. Bankrupt. Account of , Receiver. RECEIPTS. I charge myself as follows : 19. 113 FORMS IN BANKRUPTCY. Total receipts DISBURSEMENTS. I credit myself as follows: 19, Total disbursements. I 9 SUMMARY STATEMENT. 3 Total receipts Total disbursements Balance in hands of Receiver. Dated , ,19... Receiver. United States District Court, District of : In Bankruptcy. In the Matter OF ^No. bankrupt. On th^^. day of , 19 . . . , before me comes 110! . , and makes oath and says he was on the day of , 19. . ., appointed temporary receiver of the estate and effects of the above named bankrupt; that as such receiver he has conducted the administration of the estate; that the account hereto annexed, containing FORMS IN BANKRUPTCY. 113 sheets of paper, subscribed by him is true, and such account con- tains entries of every sum of money received by the said receiver on account of the estate of the above named bankrupt, and that the payments purporting in such account to have been made by such receiver, have been so made by him, and he asks to be allowed for such payments and expenses as charged in said account. Subscribed and sworn to before me at the City of , in the District of , this day of , 19 . . . [Annex vouchers for all payments.] NOTES. See, Act, Sees. 48 (d) and (e), 2, (5), 72, as amended 1910. See, also. Rule XL. for Southern District of New^ York. Exceptions to account should be verified. In re Ketterer Mfg. Co. , 19 Am. B. R. 646 ; 155 Fed. 987. A receiver will be allowed appraisers' fees paid by him, although trustee dissatisfied therewith has a new appraisal made. In re Kyte, 19 Am. B. R. 768 ; 158 Fed. 121. Insurance premiums allowed. In re Kyte (supra). Compensation of receivers. In re Sully (N. Y.), 13 Am. B. R. 22 ; 133 Fed. 997. In re Adams Sartorial Co., 4 Am. B. R. 107 ; 101 Fed. 215. In re Kelley Dry Goods Co., 4 Am. B. R. 528 ; 102 Fed. 747. In re Scott, 3 Am. B. R. 625 ; 96 Fed. 607. In re T. E. Hill Co. (Bither v. Coleman), (C. C. A. 7th Cir.), 20 Am. B. R. 73 ; 159 Fed. 73 ; 86 C. C. A. 263. Contra. In re Cambridge Lumber Co. 14 Am. B. R. 168 ; 136 Fed, 983. In re Richards (D. C. :Mass.), 11 Am. B. R. 581 ; 127 Fed. 77. See In re Mammoth Piue Lumber Co., 8 Am. B. R. 651 ; 116 Fed. 731. Dunlap Hardware Co. v. Huddleston (C. C. A. 5th Cir.), 21 Am. B. R. 731. Compensation for continuing bankrupt's business. In re Kirkpatrick (C. C. A. 6th Cir.), 17 Am. B. R. 594 ; 148 Fed. 811 ; 78 C. C. A. 501 ; In re Borgenson Co., 18 Am. B. R. 178 ; 151 Fed. 780 ; In re Sully (D. C. N. Y.). (supra). See contra In re Cambridge Lumber Co. (D. C. Mass.), (nupra). In re Richards (D. C. Mass.), (supra). [These vexed questions are no-w put at rest by Amendments of 1910 Sec. 48 (d) and (e) as amended.] Petitioning creditors may be charged upon dismissal of an involuntarj' petition with receiver's fees, costs and expenses. In re Lacov (C. C. A. 2nd Cir.), 15 Am. B. R. 290 ; 142 Fed. 960 ; 74 C. C. A. 130 ; Beach v. Macon Grocery Co. (C. C. A. 5th Cir.), 8 Am. B. R. 751 ; 116 Fed. 143 ; 53 C. C. A. 463. In re T. E. Hill Co. (D. C. N. Y.), 20 Am. B. R. 73 ; 159 Fed. 73 ; 86 C. C. A. 263. Compensation of, when petition has been dismissed. Authority to compensate passed to court making the adjudication. In re Sears Humbert & Co., 10 Am. B. R. 389 ; 128 Fed. 275 ; 62 C. C. A. 623. "When proceeding is removed to another district, the court originally appointing the receiver should fi.x his compensation. In re Isaacson (C. C. A. 2nd Cir.), 23 Am. B. R. 98 ; 174 Fed. 406. 114 FORMS IN BANKRUPTCY. FORM No. 65. NOTICE OF HEARING UPON RECEIVER'S ACCOUNTS BEFORE MASTER. United States District Court, District of !: In Bankruptcy. In the Mattbe OF Bankrupt. Sir: Please to take notice that the report and account of , receiver herein, and the application for an allowance of attorneys for the receiver, and of , attorney for the petition- ing creditors, and of the appraisers herein, were this day duly filed in the office of the clerk of this court, and have been duly referred to , as Special Master (or Referee), for examination, testimony and report, and that a hearing will be had thereon before , as such Special Master (or Referee), at his office, , in the City of , on the day of , 19 ... , at o'clock in the noon of that day, or as soon thereafter as counsel can be heard. Yours, etc.. Dated , ,19... Attorneys for Receiver, To , Esq., Trustee. No. City of FORMS IN BANKRUPTCY. 115 FORM No. 66. OBJECTIONS TO RECEIVER'S ACCOUNT. United States District Court, for the District of In Bankruptcy. In the Matter OP bankrupt. No. , trustee in bankruptcy herein, appearing by , his attorney, and objecting to the account filed by , temporary receiver herein, shows and alleges : 1. (Set forth objections specifically.) 2. Wherefore the trustee herein respectfully prays that the account of said , temporary receiver, be not allowed as to the matters above set forth and that said receiver be directed to account for and turn over to the trustee the following : Dated, , , 19... Trustee. (Verification.) NOTES. Exceptions to Receiver's account. Objections should be made promptly. Reexamination not allowed where there has been laches. In re Reliance Storage & Warehouse Co., 4 Am. B. R. 49 ; 100 Fed. 619. Account should not be surcharged with losses on sales during continuance of business under order. In re Isaacson (C. C. A. 2nd Cir.), 23 Am. B. R. 98 ; 174 Fed. 406. 116 FORMS IN BANKRUPTCY. FORM No. 67. PETITION FOR ALLOWANCE BY ATTORNEY FOR RECEIVER. United States District Court, for the District of : In Bankruptcy. In the Matter OF Bankrupt. ^No. To the United States District Court, for the District of : The petition of respectfully shows : 1. That he is an attorney at law and admitted to practice in this court; that on the day of , 19 . . ., your petitioner was retained by , Esq., temporary receiver of the estate of the above named bankrupt, as his counsel, and on the day of , 19, . ., an order was duly made and entered herein to that effect. 2. That the said bankrupt was engaged in business at as follows : 3. That petitioner has rendered the following services for the receiver herein : [Here set forth specifically and at length all services performed for receiver and for the benefit of the estate.] 4. Your petitioner has actually incurred necessary expenses and disburse- ments on behalf of this estate, amounting to $ , as follows: That same has not been repaid to petitioner. 5. That petitioner has received no compensation for the services herein- before stated to have been rendered by him as attorney for the said receiver. (That annexed hereto is a transcript of petitioner's register, marked Schedule "A," showing in detail the services as hereinbefore specified.) Wherefore, your petitioner respectfully prays, that a suitable allowance be made to him for his services as attorney for the receiver herein and in addition thereto the sum of $ disbursements necessarily incurred as such attorney. Petitioner. (Verification.) FORMS IN BANKRUPTCY. 117 NOTES. Compensation of Attorney for Receiver. Allowed compensation for services rendered in behalf of estate or for its benefit. In re T. E. Hill Co. (C. C. A. 7th Cir.), 30 Am. B. R. 73 ; 159 Fed. 73 ; 86 C. C. A. 263. In re Ketterer Mfg. Co., 19 Am. B. R. 646 ; 155 Fed. 987. No allowance for services in interest of petitioning creditors, who are his clients. In re Oppenheimer, 17 Am. B. R. 59 ; 146 Fed. 140. Receiver should engage independent counsel. In re Kelly Dry Goods Co., 4 Am. B. R. 528 ; 102 Fed. 748. lu re Zier (C. C. A. 7th Cir.), 15 Am. B. R. 646 ; 142 Fed. 102 ; 73 C. C. A. 326. Compensation of Attorney for Petitioning Creditors. In re Southern Steel Co., 169 Fed. 702. In re Baxter & Co. (C. C. A. 2nd Cir.), 154 Fed. 22 ; 83 C. C. A. 106. In re Young, 16 Am. B. R. 106 ; 142 Fed. 891. In re Hart & Co., 16 Am. B. R. 725. In re Felsen, 15 Am. B. R. 185 ; 139 Fed. 275. In re Goldville Mfg. Co., 10 Am. B. R. 552 ; 123 Fed. 579. In re Carr, 9 Am. B. R. 58 ; 117 Fed. 572. Smith V. Cooper, 9 Am. B. R. 755 ; 120 Fed. 230. In re Curtiss, 4 Am. B. R. 17 ; 100 Fed. 784. In re Burns, 3 Am. B. R. 296 ; 97 Fed. 926. In re Silverman & Schoor, 3 Am. B. R. 227 ; 97 Fed. 325. In re Stratemeyer, 14 Am. B. R. 120. No fee for filing a second petition. Frank v. Dickey (C. C. A. 8th Cir.), 15 Am. B. R. 155 ; 139 Fed. 744 ; 77 C. C. A. 562. When divided upon consolidation of petitions. In re McCracken & McLeod, 12 Am. B. R. 95 ; 129 Fed. 621. Attorneys who file a petition defective and insufficient to warrant an adjudication, which was made by other creditors on another petition are not entitled to an allowance of fees from estate. In re Fischer (C. C. A. 2nd Cir.), 23 Am. B. R. 427 ; 175 Fed. 531. 118 FORMS IN BANKKUPTOY. FORM No. 68. REPORT OF SPECIAL MASTER ON RECEIVER'S ACCOUNT. United States District Court, District of : In the Matter OF Bankrupt. > In Bankruptcy No. To tlie Honorable, . . .' Judge of the above named Court : I, , one of the Referees in Bankruptcy, to whom, as Special Master, have been referred the report and account of , as temporary receiver herein, together with the application of the said receiver for an allowance in payment of his services and disbursements as such ; and also the application of , for an allowance in payment of his services and disbursements as attorney for the said receiver; and also the appli- cation of , , and , for an allowance for their services as appraisers appointed by the court to appraise the estate of the bankrupt in the hands of the said temporary receiver, having been duly attended by the parties and having heard and considered the allegations and proofs, do hereby respectfully report as follows: I was duly attended, upon the hearings herein, by , the said temporary receiver and by , his attorney, by , the duly appointed trustee in bankruptcy herein and certain creditors. No objections were made or filed to the account of the said receiver. I have carefully examined the said report and account, together with the vouchers submitted in support thereof, and find the same in all respects correct and true, and recommend that same be passed and allowed as filed. The petition was filed herein on the day of , 19 . . . The bankrupt was adjudicated on the day of , 19 ... . The said temporary receiver was duly appointed , 19. ., and imme- diately qualified and took possession of the bankrupt's property and effects. was appointed trustee , 19 . . . The bankrupt was engaged in business as a and had places of business, one at , and another at , both in the City of The receiver, ]nirsuant to order of the FORMS IN BANKRUPTCY. 119 court, sold all the property of the bankrupt found in the stores mentioned at public auction. The gross amount realized from this sale was $ From this the auctioneer deducted, for his services and disbursements, the sum of $ , leaving as the net result of the sale, $ This is all that the estate has as yet recovered, although it appears that the receiver and his attorneys believe that further sums may be recoverable. A summary account of the receiver's cash is as follows: He has received in all the sum of $ and he has disbursed in all the sum of $ , leaving a balance in his hands of I think that the receiver discharged all the duties required of him as such in an excellent manner. His attorney, also, acted with due diligence in the discharge of the duties required by him. Much of the services shown by the receiver's attorney consists of examination of the bankrupt and others, for the purpose of discovering assets and obtaining evidence upon which to base proceedings for the recovery of property believed to have been wrongfully taken from the estate. These services seem to have been rendered with diligence. I, therefore, respectfully recommend that the said temporary receiver make the following disposition of the funds in his hands: a. That he shall retain in full compensation for his services as receiver as aforesaid, the sum of $ , and in addition thereto, the sum of $ for disbursements, in all the sum of b. That he shall pay to , for his services as attorney for the said receiver, the sum of $ , and in addition thereto the sum of $ for his disbursements, making in all the sum of $ c. That he pay to each of the appraisers herein, the sum of $ in full compensation for services as such, making in all $ d. That he shall pay to the undersigned, Special Master, in full compen- sation for his services and disbursements in this proceeding, the sum of $ , and that having made the aforesaid payments, he shall pay over the amount then remaining in his hands to , as trustee in bankruptcy herein, and that upon making such payments, the said be discharged as such temporary receiver, and his bond cancelled. All of which is respectfully submitted. Dated, , , 19... Special Master, (or Referee.) 120 FOKMS IN BANKKUFTOY. FORM No. 69. NOTICE OF MOTION TO CONFIRM REPORT OF SPECIAL MASTER ON RECEIVER'S ACCOUNT. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF y No. bankrupt. Sir: You will please take notice, that upon the receiver's report, account and all the proceedings had herein, and upon the report of , Esq., Special Master (or Referee), dated the day of , 19. . ., the undersigned will respectfully move this court at a stated term thereof to be held in the Federal Court House, City of , on the day of , 19. . ,, at o'clock M., of said day, or as soon thereafter as counsel can be heard, for an order in all respects confirming the report of , Esq., Special Master (or Referee), passing and allowing the receiver's accounts herein and making allowances for services to the receiver, his counsel, and the appraisers, and for such other and further relief as may be just and proper. Dated , , 19. .. Yours, etc.. Attorneys for Receiver, Office and P. 0. Address, St., To , Esq., Trustee, FORMS IN BANKRUPTCY. 121 FORM No. 70. ORDER CONFIRMING REPORT OF SPECIAL MASTER ON RECEIVER'S ACCOUNT. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of 19... Present : Honorable District Judge. In the Matter OF bankrupt. y No. , temporary receiver of the above named bankrupt, having presented his account and vouchers in support thereof, and having moved to confirm his report and that allowances be made to the said receiver and to his counsel for their services, and to the attorneys for the petitioning creditors,, etc., and an application having thereupon been made to confirm and approve the said account and make such allowances, and the said matters having been referred to , Esq., as Special Master, and the said Special Master having filed his report thereon, dated day of ,19--., Now after hearing , Esq., of counsel for the receiver, in sup- port of said application, and due deliberation having been had thereon, upon reading and filing the report of the said Special Master, the account and report of , receiver herein, it is Ordered :— That the report of , Esq., Special Master (or Referee) appointed herein, be, and the same hereby is in all respects confirmed and approved, And it is further ordered : — That the account of , temporary receiver of the property, assets and effects of , bankrupt above named, be, and the same hereby is in all things allowed, approved and confirmed. 122 FORMS IN BANKRUPTCY. And it is further ordered: — That , temporary receiver herein, be, and he hereby is, allowed for his services the sum of $ and that the disbursements expended by him in the safe administration and preservation of the estate and heretofore deducted by him, be and the same hereby are allowed. And it is further ordered: — That , temporary receiver herein, pay to the sum of $ as and for an allowance to them as attorneys for the receiver herein and the further sum of $ disbursements incurred and expended on behalf of the receiver in the safe administration and preservation of the estate herein, and amounting in the aggregate to the sum of $ And it is further ordered : — That , temporary receiver herein, pay to , , and , the sum of $ each for services rendered by them as appraisers herein. And it is further ordered, that , temporary receiver herein, pay to , Esq., the Special Master herein, the sum of $ for his services and disbursements on this accounting. And it is further ordered : — That , temporary receiver herein, after making the payments as herein directed, pay the balance re- maining in his hands to , trustee in bankruptcy herein. And it is further ordered : — That upon making such payments , temporary receiver herein, be discharged as receiver of the property, assets and effects of the above named bankrupt, and that the bond given by him for the faithful performance of his duties be cancelled and discharged, and the sureties thereon released from any and all liability thereunder (and that the bond given by the petitioning creditor upon whose application the receiver was appointed herein under Section 3, sub-division e of the Bankruptcy Act, be cancelled and annulled, and the sureties thereon exonerated from any and all liability thereunder.) D.J. NOTES. Adjudication as to receiver's accounts not a bar to suit against third person to recover property; Whitney, Trustee v. Wenman et al. 14 Am. B. R. 591; 140 Fed. 959. FORMS IN BANKRUPTCY. 123 FORM No. 71. ORDER VACATING APPOINTMENT OF RECEIVER. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of 19... Present : Hon District Judge. In the Matter OF Alleged Bankrupt. Application having been made on behalf of , a creditor of the above named , for an order vacating, annulling and in all respects setting aside the order made herein by the Hon , District Judge, bearing date the day of , 19. . ., appoint- ing , temporary receiver of the goods, wares, merchandise, &c., of , alleged bankrupt, and containing further provisions as will more fully appear by reference to the said original order on file in this court; and said application having come on for hearing, upon the papers and proceedings herein and upon due notice given to the said , the receiver so appointed, and to , Esq., the attorney for the above named petitioning creditors herein. Now, upon reading and filing the petition of duly verified, and the affidavit of duly verified, and after hearing , of counsel for said in support of said application, and , the said receiver, and , the attorney for the above named petitioning creditors, in opposition thereto; and it appear- ing from the pleadings and proceedings herein that the is a corporation engaged in the business of , and is not a commercial corporation as contemplated by the Bankruptcy Act as amended; and due de- liberation having been had. Now on motion of , attorneys for said , it is 124 FORMS IN BANKRUPTCY. Ordered, that said motion be and the same hereby is in all respects granted, and the said order made by the Hon , District Judge, bearing date the day of , 19 ... , appointing the said , temporary receiver of said and containing other provisions, be and the same hereby is in all respects vacated and set aside. D. J. NOTES. Vacating Receivership. Discretionary with Court. In re Church Construction Co. (D. C. N. Y.), 19 Am. B. R. 549; 157 Fed. 298. Motion to Vacate. In re Haff (C. C. A. 2nd Cir.), 13 Am. B. R. 354; 135 Fed. 742; 68 C. C. A. 340. Effect of dismissal. Receiver must restore property intact without any deductions for services or disburse- ments, or those of attorney. In re Sears, Humbert & Co. 10 Am. B. R. 389; 128 Fed. 275. FORM No. 72. ORDER AUTHORIZING ISSUANCE OF RECEIVER'S CERTIFICATES. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of 19... Present : Hon , District Judge. In the Matter OP Alleged Bankrupt. , the receiver herein, having presented his petition duly verified to this court praying that he be allowed to issue receiver's certificates FORMS IN BANKRUPTCY. 125 for funds required by him in the immediate operation and continuance of the alleged bankrupt's business : And the matter having come on to be heard, and after hearing , Esq., of counsel for , the alleged bankrupt, and , attorney for petitioner (or lienors), and upon reading and filing the said petition tiie affidavit of , duly verified, and notice of application and presentation thereof, and upon the order author- izing the receiver to continue the business and the other proceedings herein had, and due consideration thereof having been had, Now, on motion of , attorneys for the receiver, it is Ordered : — That the motion be, and the same hereby is granted, and that , the temporary receiver herein, be and he hereby is author- ized to issue, negotiate and dispose of receiver's certificates to the extent of and not exceeding the sum of $ to raise funds for the use of the receiver in the continuance and operation of the business of the said alleged bankrupt. x4nd it is further ordered, that the said certificates so to be issued by the said receiver shall be in the words and figures following: [Here insert proposed form of certificate.] And it is further ordered : — That the earnings, income, profits, property and estate of the said in the custody of the said receiver, as well as his successor or successors in office, or to hereafter come into the possession of a trustee when appointed in the said matter, are expressly charged with a lien for said certificates upon the said property and estate, as by the terms of the said order will more fully appear, and the payment of said certificates shall be made out of and from the property and assets of said company subject only to the lien of a certain mortgage or mortgages to of as trustee, or otherwise, securing the payment of the bonds of the said of , issued in the principal sum of $ , and to the rights, claims and demands of the holders and pledgees of said bonds. And it is further ordered: — That the said funds as raised by the receiver out of and from the sale and negotiation of the said certificates shall be used, and applied solely and exclusively for the operation, administration, and expenses of the business of the said alleged bankrupt. And it is further ordered : — That the clerk of this court shall after the said receiver shall have signed said certificates, certify under his hand and the seal of this court said certificates so subscribed by the said receiver in the manner and form following: " Certificate of the Clerk of the District Court of the United States for the District of 126 FORMS IN BANKRUPTCY. I, , Clerk of the District Court of the United States for the District of , do hereby certify that the foregoing certificate or instrument of indebtedness signed by , as receiver of , is one of a series of certificates mentioned in and authorized by the order of the District Court of the United States for the District of , made and entered on the day of , 19 . . , , ' In the Matter of , (alleged) bank- rupt/ pending in the said court upon the bankruptcy side of the said court. Clerk." D. J. FORM No. 73. RECEIVER'S CERTIFICATE. RECEIVER'S CERTIFICATE. Know all men by these presents : That I, , as receiver of the Company of , duly appointed as such receiver by an order of the District Court of the United States for the District of , in the certain proceedings in bankruptcy therein pending against the said Company of , am indebted to the bearer in the sum of One Thousand Dollars ($1,000), which I, the said , as such receiver, or my successor or successors as such receiver or receivers (or trustee when appointed) of the property and estate of the Company of , promise as such receiver, and not individually, to pay to the bearer on or before the day of , 19 . . . at the office of the Trust Company, No Street, in the City of , with interest thereon from the day and date thereof at the rate of per cent. ( %) per annum, payable semi-annually, at the office of said Trust Company upon presentation hereof at the said Trust Company, both principal hereof and interest hereon being payable only out of FORMS IN BANKRUPTCY. 127 the property and estate of tlie Company of , or the proceeds or the income thereof in the hands of the receiver or receivers aforesaid or any trustee in bankruptcy hereafter appointed. This certificate of indebtedness is issued by the said receiver pursuant to the order of the said District Court of the United States for the District of , and is one of a series of like tenor and effect numbered consecutively from one to fifty, both inclusive, and is issued in the Matter of the Company of , pending in the said District Court of the United States for the District of , in accordance with the said order duly made and entered in the said District Court on the day of , 19, . ., to which order reference is here made and which said order is hereby made a part thereof as though herein expressly incorporated. All and every of said certificates of indebtedness issued under the said order of the said District Court of the United States are equally secured without preference of the one over the other, by and in the manner set forth in said order of the District Court of the United States, and will be paid and pro- vided for by the said District Court of the United States in and by a proper decree or order in the said matter. By the terms of the said order the earnings, income, profits, property and estate of the said Company of , in the custody of the said receiver, as well as his successor or successors in office or to here- after come into the possession of a trustee when appointed in the said matter, are expressly charged with a lien upon the said property and estate, as by the terms of the said order will more fully appear, and the payment of said certificates shall be subject to the rights, claims and demands of the holders of the express liens, if any, upon the bonds of the Company of , numbered to consecutively, both in- clusive, issued in the sum of $ , and secured by the certain mortgage or mortgages to the Trust Company of New York as Trustee, or otherwise, to secure the payment of the said bonds and each and every of them as aforesaid, to the lien of which mortgages and the claims of the holders of the bonds secured thereby said certificates are expressly made subject, and that otherwise the said certificates shall have precedence and priority over all other liens, claims and demands against the aforesaid property and estate of the Company of And it is further understood and agreed that this certificate shall become due and payable (••••) months after the date thereof unless sooner paid by the said receiver pursuant to the order or decree of the said District Court, and in the event of its non-payment by the said receiver as afore- said, may be enforced by the holder thereof in any proper action or proceeding. This certificate of indebtedness shall not become effective and valid until authenticated by the Clerk of the District Court of the United States for the District of , under his seal by endorsement upon the back of this certificate executed by the said Clerk of the said Court. 128 FORMS IN BANKRUPTCY. Neither I, the said , individually or as receiver, nor any other receiver or receivers in the trust aforesaid, undertake, incur or assume any liability whatsoever other than as receiver, to pay the said certificates and the interest thereon out of the earnings, profits, income, property and estate of the Company of , and shall in no event be liable other than for the proper application of the said earnings, profits, income, property and estate applicable to the payment of this certifi- cate subject to the orders of the said District Court of the United States. In witness whereof, the said , as receiver of Company of , has pursuant to the order of said court here- unto set his hand and seal, at the City of , in the State of , this day of , 19 . . . Certificate of the Clerk of the District Court of the United States for the District of I, , Clerk of the District Court of the United States for the District of , do hereby certify that the fore- going certificate or instrument of indebtedness signed by , as receiver of , is one of a series of certificates mentioned in and authorized by the order of the District Court of the United States for the District of , made and entered on the day of , 19 . . , ' In the Matter of , (alleged) bankrupt,' pending in the said court upon the bankruptcy side of the said court. Cleric. NOTES. Receiver's Certificates. Sec. 2, (5) (15). Above form with modifications approved by the District Court for Southern District of New York in the matter of " The Breakwater Construction and Engineering Co. Bankrupt." Siiould be issued only when the preservatinn of llie property in liands of the receiver presents urgent necessity therefor. Rochester Trust etc. Co. v. Onteonta etc. R. Co. (N.Y. App. Div.), 122 K Y. Supp. 19. Rochester Trust etc. Co. v. Rochester etc. R. Co. (N. Y.), 60 N. Y. Supp. 409. For the purpose of preserving the assets of the estate. In re Restein, 20 Am. B. R. 832; 162 Fed. 986. In re Erie Lumber Co., 17 Am. B. R. 689; 150 Fed. 817. ^ General authority of Receiver not sufficient to issue. Union Trust Co. v. Chicago etc. R. Co., 7 Fed. 513. Priority of payment. In re Alaska Fishing & Development Co., 21 Am. B. R. 685. Riglits of lienholders. Ilanna v. State Trust Co., 70 Fed. 2. Fidelity Ins. etc. Co. v. Roanoke Iron Co., 68 Fed. 623. Notice to lienholders. Bibber- White Co. v. White River Valley R. Co., 115 Fed. 786. Powers of receiver in issuance, Union Trust Co. v. Chicago etc. R. Co. (.lupr/i). FORMS IN BANKRUPTCY. 129 FORM No. 74. ANSWER OF LIENOR TO RECEIVER'S PETITION TO ISSUE CERTITI- CATE. United States District Court, for the District of : In Bankruptcy. In the Matter OF Alleged bankrupt. y No. The Company, as trustee under the mortgage dated , 19. . ., made by , alleged bankrupt, to said com- pany, appearing herein specially for the purpose only of opposing the appli- cation of , as temporary receiver of the above named alleged bankrupt, for leave to issue Receiver's certificates to the amount of $ , answers the petition of said receiver, as follows: I. It denies that it has any knowledge or information sufficient to form a belief as to any of the allegations contained in the paragraphs of said petition numbered II. Further answering said petition and as a further and separate defense thereto, the Company, as trustee, shows and alleges : 1. That it is a corporation duly organized and existing under and by virtue of the laws of the State of , duly authorized to take and hold in trust the property conveyed to it by the mortgage hereinafter re- ferred to. 2. That by an indenture dated , 19. . ., of which a copy is herewith submitted to the court, to which reference is hereby made as if the same were herein set forth at length, , the alleged bankrupt, conveyed to Company, as trustee, the property and franchises therein described, in trust for the equal pro rata benefit and security of all and every the holders of the bonds and interest coupons issued and to be issued under the said mortgage or deed of trust, and to enforce the pay- ment thereof when payable in accordance with the true intent and meaning of the stipulations of the said indenture and of the said bond and coupons, 130 FORMS IN BANKRUPTCY. and without preference of the said bonds over any others thereof by reason of priority in the time of issue or negotiation thereof, or otherwise howsoever. 3. That said indenture of mortgage constitutes a lien upon all of the property and franchises which said then owned and upon all the personal property which it thereafter acquired, to secure the issue of bonds therein described, and as such lien it was given and accepted in good faith and not in contemplation of or in fraud upon the bankruptcy laws of the United States, and for a present consideration and said mortgage or deed of trust was duly recorded according to law. 4. That said Company is not a party to the above en- titled proceeding and respectfully urges that this court is without power to displace the lien of the said mortgage for the security of the bonds issued and outstanding thereunder by authorizing the receiver above named to issue receiver's certificates which shall be a lien upon all the property and assets of the company prior to the lien of the mortgage above referred to. Wherefore, Company, as trustee under the said mortgage dated , 19. . ., respectfully prays that the petition of the said receiver be denied. Dated, ,19... I Company, By Attorney for Co., Office and Post Office Address, Street. (Verification.) FORMS IN DANKUUPTCY. 131 FORM No. 75. PETITION FOR APPOINTMENT OF ANCILLARY RECEIVER. United States District Court, District of : In Bankruptcy. In Till-: Mattkk OF Alleged Bankrujpt. To the District Court of the United States for the District of : The petition of respectfully shows to this court, and alleges : 1. That he is a creditor of , the alleged bankrupt herein, in the sum of $ 2. That the said bankrupt company is a corporation existing under the laws of the State of and was organized with a capital stock of $ , for the purpose of That the principal place of business of the said company is in the City of and State of , but that the company's factory buildings and machinery, as well as most of its personal property are in the Town of , and within the jurisdiction of this court. 3. That on the day of , 19 . . . , a petition was filed in the District Court of the United States for the District of by your petitioner together with other creditors of the above named corporation for the purpose of having it adjudged bankrupt ; that the acts of bankruptcy set forth in the said petition were as follows: That within four months next preceding the date of the said petition, the Company committed an act of bankruptcy in that it did suffer or permit, while insolvent, of , to obtain a preference through legal proceedings, which preference is in the nature of an attachment against property of the said Company located at , in the State of Such preference has not been vacated nor discharged. Also while insolvent, the said Company per- mitted the following creditors to obtain preferences by making payments to them, to wit : 13-^ FORMS IN BANKRUPTCY. 4. That many of the creditors, whose accounts are overdue, have threat- ened to institute legal proceedings against the company. That there are no assets of the company immediately available for the purpose of paying said indebtedness. 5. The factory of the company has been shut down because of the in- ability of the company to pay wages to employees and expenses necessary for the continuance of the business. That said company has been unable to pay its current bills for some time past, and has been insolvent and doing business at a loss for more than a year. 6. That on the day of , 19. . ., , Esq., was duly appointed receiver of the estate of said bankrupt in the District of , by order of Hon , Judge of the United States District Court for the said District, (the attorneys for the alleged bankrupt appearing at the same time and consenting in open court to the appointment.) That the alleged bankrupt owns and possesses certain property consisting of , f or conducting its business, in this State and District, and certain creditors are threatening suits against said property. Your petitioner is of the opinion and verily believes that it is absolutely necessary for the preservation of the property of the alleged bankrupt and the protection of the creditors' interests therein, that an ancil- lary receiver be appointed by this court for the protection of said property. Wherefore, your petitioner prays for an order of this court appointing , Esq., ancillary receiver of all the property, assets and effects of the above named Company, the alleged bankrupt, which is situated within this jurisdiction, to care for and preserve the same until the appointment of a trustee and until the further order of this court, and for an order of this court directing the officers, managers and employees of the said Company to deliver into the possession of the ancillary receiver so appointed, all of the property of the said Company wheresoever situated which is not exempt by law and to otherwise comply with the terms of the said order, and that they, their agents, servants, attorneys and all persons be restrained and enjoined from in any way inter- fering with the possession of the said property, other than to turn the same over to the said ancillary receiver. Petitioner. (Verification.) FORMS IN BANKKUi'TCY. 133 FORM No. 76. ORDER APPOINTING ANCILLARY RECEIVER. At a stated term of the District Court of the United States for the District of held at the Court House, City of , on the day of , 19... Present : Hon. District Judge. In the Matter OF Alleged Jiankrupt. Upon the exemplified copy of the petition in involuntary bankruptcy filed in the above entitled matter, in the United States District Court for the District of , and upon the certified copy of an order appointing receiver of the assets and effects of the above named alleged bankrupt, and upon the original order appointing such receiver, on file in the United States District Court for the District of and upon the certificate of the clerk of that court of the filing and approval of the bond of the said receiver, and upon reading and filing the petition of , verified the day of , 19 . . ., and on motion of , attorney for , it is Ordered that of be, and he hereby is appointed ancillary receiver of the above named alleged bankrupt, in and for the District of , with all the rights and powers to carry into force and effect the orders of the original court of jurisdiction, and it is further • Ordered that said receiver furnish a bond in the sum of $ for the faithful discharge of his duties as such receiver, and it is further Ordered that said alleged bankrupt forthwith deliver to said receiver all of his property, assets and effects now in his possession or under his control, and that said alleged bankrupt and all other persons, firms, corporations, and creditors of the said alleged bankrupt, as well as their and each of their 134 FORMS IN BANKRUPTCY. attorneys, agents and servants, and all sheriffs, marshals and other officers, deputies and their employees, are hereby jointly and severally restrained and enjoined from removing, transferring or otherwise interfering with the property, assets and effects of the above named alleged bankrupt, and from prosecuting, executing or suing out of any court, any process, attachment, re- plevin or other writ for the purpose of taking possession, impounding or interfering with any property, assets or effects of the above named alleged bankrupt, and from molesting, disturbing or interfering with the ancillary receiver herein appointed in the discharge of his duties. V. J. NOTES. Where process to seize alleged bankrupt's property is necessary, ancillary proceedings in proper district may be had. In re Peiser, 7 Am. B. R. 690; 115 Fed. 199. In re Dunseath & Son Co. (D. C. Pa.), 22 Am. B. R. 75; 168 Fed. 973. In re Benedict (D. C. Wis.), 15 Am. B. R. 232; 140 Fed. 55. In re Nelson & Bro. Co. (D. C. N. Y.), 18 Am. B. R. 66; 149 Fed. 590. In re Schrom, 3 Am. B. R. 352; 97 Fed. 160. Ross-Meeham Foundry Co. v. Southern Car & Foundry Co., 10 Am. B. R. 624; 124 Fed. 403. In re Granite City Bank of Dell Rapids (C. C. A. 8th Cir.), 14 Am. B. R. 404; 137 Fed. 818; 70 C. C. A. 316, aff'g 12 Am. B. R. 727. Contra. lu re Williams (D. C. Ark.), 9 Am. B. R. 741 ; 120 Fed. 38. In re Williams (D. C. Tenn.), 10 Am. B. R. 538; 120 Fed. 321. In re Tybo Mining & Reduction Co. (D. C. Nev.), 13 Am. B. R. 62; 132 Fed. 697. In re Von Hartz Co. (C. C. A. 2nd Cir.), 15 Am. B. R. 747; 142 Fed. 726; 74 C. C. A. 58; Dempster v. Waters-Peirce Oil Co. (C. C. A. 8th Cir.), 22 Am. B. R. 751; 172 Fed. 353. A receiver may not sue in a district other than that in which lie was appointed. In re National :\Iercantile Agency (D. C. Pa.), 12 Am. B. R. 189; 128 Fed. 639. Nor bring summary proceedings to recover assets in other jurisdiction. In re Dunseath & Son Co., (supra). Power of ancillary receiver. In re Peiser (supra). An attachment will not lie against property in hands of ancillary receiver. In re Nelson and Bro. Co. (supra). District court has jurisdiction to entertain proceedings instituted by a trustee in bankruptcy duly appointed in a bankruptcy proceeding pending in another district to compel the officers of the bankrupt to deliver to such trustee the documents in their possession relating to the business of the bankrupt. When the original court of bankruptcy couUl act summarily, another court of bank- ruptcy sitting in another district can do so in aid of the court of original jurisdiction. (In re Yon Ilartz (supra), distg'd.) Babbitt, Trustee, Randolph Macon Coal Co. v. Dutcher & G.irdiner (U. S. Sup.), 23 Am. B. R. 519; 216 U. S. 102; 30 Sup. Ct. Rep. 372. Ancillary jurisdiction is now provided for in Sec. 2 (20) by the Amend- ments of 1910. TITLE III. PROCEEDINGS BEFORE REFEREE AFTER ADJUD- ICATION. FOBM No. 77. Referee's Oath of Office. 78. Bond of Eeferee. 79. Notice of Adjudication. 80. Order for first Meeting- after thirty Days. 81. Notice of First Meeting of Creditors. 83. Affidavit of mailing' Notice First Meeting'. 83. Affidavit of mailing- Notice 1st Meeting. 84. List of Debts proved at First Meeting. 85. Appointment of Trustee by Creditors. 86. Appointment of Trustee by Eeferee. 87. Notice to Trustee of his Appointment. 88. Order approving Trustee's Bond. 89. Order that no Trustee be appointed. 90. Notice to Trustee to file Eeport. 91. Notice to Trustee to file Eeport (So. Dist. of N. Y.) 92. Order appointing Attorney for Trustee. 93 Notice of Defective Proof of Claim. 94. Petition to amend Schedules. 95. Order to show cause to amend Schedules. 96. Order amending Schedules. 97. Affidavit of Bankrupt as to Exemptions. 98. Order allowing Exemptions when no Trustee appointed. 99. Petition of Bankrupt for Eeview of Order on Exemptions. 100. Certificate of Falsity of Pauper Affidavit. 101. Order that Trustee transfer Copj'right. 102. Petition for Meeting of Creditors to consider Proposed Comprom- ise. 103. Notice to Creditors of Special Meeting. 104. Order authorizing Compromise. 105. Petition for fleeting of Creditors to indemnify Trustee. 106. Petition that Bankrupt turn over Concealed Assets. 107. Order that Bankrupt turn over Concealed Assets. 108. Petition to reconsider Attorney's Fee imder Sec. 60 d. 109. Order that Attorney repay Monies to Trustee. 110. Certificate of Contempt. 111. Petition to Eeview Eeferee's Order. 112. Eeferee's Certificate on Eeview. 113. Eeferee's Certificate of Default of Witness. 114. Eeferee's Certificate closing Case for Lack of Prosecution. 115. Appointment, Oath and Eeport of Appraisers. 116. Petition of Appraisers for Allowance. 117. Order granting Allowance to Appraisers. 118. Order declaring First Dividend and Dividend Sheet. 119. Notice of Dividend and Warrant. 120. Notice of Final Meeting. 135 136 FORMS IN BANKRUPTCY. 121. Order passing Trustee's Final Account and declaring Dividend. 122. Eeferee's Certificate of Indemnity. 123. Order fixing Allowance of Bankrupt's Attorney. 124. Petition and Order for Redemption of Property from Lien. 125. Referee's Certificate of Disqualification. 126. Order Substituting Referee. 127. Petition for Order of Protection. 128. Order of Protection from Arrest. FORM No. 77. [Official] REFEREE'S OATH OF OFFICE. I, , do solemnly swear that I will administer justice with- out respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform, all the duties in- cumbent on me as referee in bankruptcy, according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States. So help me God ! Subscribed and sworn to before me, this day of , A. D. 19... District Judge. FORM No. 78. [Official] BOND OF REFEREE. Know all men by these presents: That we, , of , as principal, and of and of , as sureties, are held and firmly bound to the United States of America in the sum of dollars, lawful money of the United States, to be paid to the said United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19. . . The condition of this obligation is such that whereas the said has been on the day of , A. D. 19. . ., appointed by the Honorable , Judge of the District Court of the United States for the District of , a referee in bank- ruptcy in and for the County of , in said district, under the Acts of Congress relating to bankruptcy. N'ow, therefore, if the said shall well and faithfully dis- FORMS IN BANKRUPTCY. 137 charge and perform all the duties pertaining to the said office of referee in bankruptcy, then this obligation to be void; otherwise to remain in full force and virtue. Signed and sealed in the presence of : [i^- s.] [L. S.] [L.S.] Approved this day of , A. D. 19 . . . District Judge. FORM No. 79. NOTICE OF ADJUDICATION. United States District Court, for the District of In Bankruptcy. In the Matter OF BanJcvitpt. y No, To , Esq., Attorney for* the Bankrupt The above entitled proceeding has been referred to me as referee in bank- ruptcy, and by the order of this court the bankrupt required to appear before me at my office. No Street, in the City of , on the day of . . . , 19 ... , at o'clock M. The sum of $ should be then deposited with me as indemnity for the estimated expenses and disbursements up to discharge, if unopposed. Dated, , 19... Referee in BanJcruptcy. 138 FORMS IN BANKRUPTCY. FORM No. 80. ORDER FOR FIRST MEETING OF CREDITORS AFTER THIRTY DAYS. United States District Court, District of : In Bankruptcy. In the Matter OF ^No. Sankritpt. Before , Referee in Bankruptcy, at No Street, , on , 19 . . . It appearing to me that for the reason that, (namely) , the first meeting of creditors cannot be held within the time provided by Sec- tion 55 of the United States Bankruptcy Law, I hereby order that the first meeting of creditors in the above bankruptcy proceedings be held at the oflBce of , Referee, No Street, in the City of , County and State of on the day of , X. D. 19 ... , at o'clock in the noon, at which time the creditors may attend, prove thoir claims, appoint a trustee, examine the bankrupt and transact such other business as may properly come before such meeting. Dated , 19 . . . Beferee in Bankruptcy. FORMS IN BANKRUPTCY. 139 FORM No. 81. [Official] NOTICE OF FIRST MEETING OF CREDITORS. United States District Court, for the District of in Bankruptcy. In the Mattee OF No. bankrupt. To the creditors of , of the City of , and County of , and district aforesaid, a a bankrupt : Xotice is hereby given that on the .... day of A. D., 19 . ., the said was duly adjudicated bankrupt, and that the first meeting of creditors will be held at the office of Esq., No , City, on the .... day of , A. D., 19. ., at o'clock in the . . . .noon, at whic!i time the said creditors may attend, prove their claims, appoint a trustee, examine the bankrupt, and transact such other business as may properly come before said meeting. Dated ,19.. Referee in Banl-ruptcy. NOTES. Act, Sec. 55. Cross-referenceB. Sees. 58, 57, 56, 44, 7, (9). Reverse order, 7, (9), 44, 56, 57, 58. General Orders, IV., XII Construction of statute. In re Back Bay Automobile Co., 19 Am. B. R. 835; 158 Fed. 679. Who may participate. In re Columbia Iron Works, 14 Am. B. R. 526; 142 Fed. 234. The adjournment of a meeting of creditors for the purpose of allowing a restatement, or perfecting a proof of debt is discretionary with the referee and will not be interfered with except for abuse. In re Morris, 18 Am. B. R. 828; 154 Fed. 211. 140 FORMS IN BANKRUPTCY. rORM No. 82. AFFIDAVIT OF PUBLICATION OF NOTICE OF FIRST MEETING. State of . . County of (Notice Annexed.) ) ss. , being duly sworn, saith that he is proprietor (or principal clerk of the publisher) of , a daily news- paper printed and published in the City of , and designated for the publication of notices in bankruptcy in the County of , in said district : that the notice hereto annexed was published in the said one time, to wit : on , 19... Sworn to before me this of 19... day FORMS IN BANKRUPTCY. 141 FORM No. 83. AFFIDAVIT OF MAILING NOTICE OF FIRST MEETING. In the District Court of the United States for the District of In Bankruptcy. In the Matter OP >No. Sankriipt. State of 1 County of > ss. District of J being duly sworn, deposes and says: I am employed in the office of , referee in bankruptcy, and am more than eighteen years of age ; on the day of 19. . . . I deposited in the Post Office in said City of copies of the annexed notice to creditors, each contained in a securely closed envelope, franked by proper notice of official business whenever addressed to a place within the United States, and duly postpaid whenever addressed to a place without the United States, and duly directed respectively to each of the creditors of said bankrupt named in the schedules filed herein, at the respective addresses stated in said Schedules, except in the cases, if or any, in which the address of the creditor is stated in said schedules to be unknown, or where the creditor has designated an address other than that stated in said schedules, and in such case to designated address as on file herein. Subscribed and sworn to before me this day of (Notice Annexed.) A. D. 19 . 143 FORMS IN BANKRUPTCY. FORM No. 84. [Official.] LIST OF DEBTS PROVED AT FIRST MEETING. In the District Court of the United States for the ... of , In Bankruptcy. District In the Matter OF bankrupt. > No. At , in said district, on the day of , A. D. 19. . before , referee in bankruptcy. The following is a list of creditors who have this day proved their debts; Names of Creditors. Residence. Debts proved. ■• Dolls. Cts. Referee in Bankruptcy. NOTES. This form is rarely used. The referees keep list in claim book and transmit dividend lists to the trustee. FOKMS IN BANKRUPTCY. 143 FORM No. 85. [Official.] APPOINTMENT OF TRUSTEE BY CREDITORS. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF bankrupt. y No. At , in said District, on the day of , A. D., 19, ., before , Referee in Bankruptcy. This being the day appointed by the court for the first meeting of the creditors in the above bankruptcy, and of which due notice has been given in the , we, whose names are hereunder written, being the majority in number and in amount of claims of the creditors of the said bankrupt, whose claims have been allowed, and who are present at this meeting, do hereby appoint of in the county of and State oi , to be the Trustee of the said bankrupt's estate and effects, and we do fix the amount of his bond at dollars. Signatures op Creditors. Residences op the Same. Amount of Debt. Ordered that the above appointment of Trustee be, and the same is hereby approved. Referee in Bankruptcy. 144 FORMS IN BANKRUPTCY. NOTES. Act, Sec. 44. Crosa-references, 1, (26), 2, (17), 45, 46, 50-b, c, k, 56, 57, 63. General Orders. XIII., XIV., XV., XVI., XVII., XXV. Creditors have an unqualified right to elect. In re Lewensoha, 3 Am. B. R. 299; 98 Fed. 576. In re Eastlack, 16 Am. B. R. 529; 145 Fed. 68. In re Ketterer Mfg. Co., 19 Am. B. R. 225; 155 Fed. 987. In re Eagles and Crisp, 3 Am. B. R. 733; 99 Fed. 696. At the first meeting or adjournment thereof. In re Nice and Schrieber, 10 Am. B. R. 639; 123 Fed. 987. Trustee of partnership, trustee of individual partners. In re Coe, 18 Am. B. R. 715 ; 154 Fed. 162. In re Beck, 6 Am. B. R. 554; 110 Fed. 140. Procuring list of creditors from bankrupt. In re J. H. Turner and Co., 20 Am. B. R. 646. Improper interference by officers of bankrupt company. In re L. W. Day and Co., 23 Am. B. R. 56; 174 Fed. 164; aflf'd 178 Fed. 545. Voters at creditors' meeting. Claims procured by bankrupt excluded. In re Lloyd, 17 Am. B. R. 96; 148 Fed. 92. In re Hanson, 19 Am. B. R. 235; 156 Fed. 417. In re Jas H. Turner and Co., 20 Am. B. R. 646; dist'g in re Lloyd (supra). In re Eastlack (stipra). In re Cooper, 14 Am. B. R. 320; 135 Fed. 196. In re Dayville Woolen Co., 8 Am. B. R. 85; 114 Fed. 674. In re McGill (C. C. A. 6th Cir.), 5 Am. B. R. 155; 106 Fed. 57; 45 C. C. A. 218; aff g Falter v. Reinhard, 4 Am. B. R. 782 ; 104 Fed. 292. Creditor who is also bankrupt's debtor excluded. In re Duryea Power Co., 20 Am. B. R. 219; 159 Fed. 783. Trustee should be free from entangling alliances. In re Rekersdres, 5 Am. B. R. 811; 108 Fed. 206. Secured creditors. In re Milne, Turnbull and Co., 20 Am. B. R. 248; 159 Fed. 280. In re Columbia Iron Works, 14 Am. B. R. 526 ; 142 Fed. 243. Alleged preferred creditors. In re Milne, Turnbull and Co. (supra). In re Columbia Iron Works (supra). In re Malino, 8 Am. B. R. 205; 118 Fed. 368. Voters at creditors' meeting. In re Columbia Iron Works (supra). Combination of creditors as against public policy. In re Kenney and Co., 14 Am. B. R. 611 ; 136 Fed. 451. Where bankrupt's attorney solicits proxies, such votes may be rejected as manifestly in the interest of the bankrupt. In re Van De Mark (D. C. N. Y.), 23 Am. B. R. 760; 175 Fed. 387. Absent creditors not considered in voting for trustee. In re Mackellar, 8 Am. B. R. 669; 116 Fed. 547. In re Henschel (C. C. A. 2nd Cir.), 7 Am. B. R. 662; 113 Fed. 443; 51 C. C. A. 277; rev'g 6 Am. B. R. 25 and 6 Am. B. R. 305; 109 Fed. 861. Mere filing of objections should not exclude bona fide creditor from voting. In re Kelly Dry Goods Co.. 4 Am. B. R. 528; 102 Fed. 747. FORMS IN BANKRUPTCY. 145 There may be one or three trustees. In re Fisher, 14 Am. B. R. 366 ; 135 Fed. 223. Approval of appointment of Trustee. In re Lewenaohn, 3 Am. B. R. 299 ; 98 Fed. .576. In re Gordon Supply & Mfg. Co., 12 Am. B. R. 94 ; 129 Fed. 622. In re Van De Mark, (xupi-a) Disapproval for non-residence. In re Jacobs & Roth, 18 Am. B. R. 728 ; 167 Fed. 988. In re Mangan, 13 Am. B. R. 303 ; 183 Fed. 1000. In re Law, 13 Am. B. R. 650. Subject to review by District Judge. In re Hanson, 19 Am. B. R. 235 ; 156 Fed. 417. In re Hare, 9 Am. B. R. 520 ; 119 Fed. 246. An alien may be chosen by creditors as trustee if competent to perfonn the duties of the office and is a resident of or has an office in the district. In re Coe, 18 Am. B. R. 715 ; 154 Fed. 162. When selection not interfered with. In re Blue Ridge Packing Co., 11 Am. B. R. 86 ; 125 Fed. 619 ; In re Lazoris, 10 Am. B. R. 31 ; 120 Fed. 716. Undischarged bankrupt in another proceeding not proper person. In re Smith, 1 Am. B. R. 37. In re McGill (C. C. A. 6th Cir.). 5 Am. B. R. 155 ; 106 Fed. 57 ; 45 C. C. A. 318 ; aff'g Falter v. Reinhard, 4 Am. B. R. 782 ; 104 Fed. 292. jr»i6 FORMS IN BANKRUPTCY. FORM No. 86. [Official] APPOINTMENT OP TKUSTEE BY REFEREE. tTnited States District Court, for the District of In Bankruptcy. In the Matter OF W No. Bankrupt. At in said District on the day of A. D., 19 . . , before , Referee in Bankruptcy. This being the day appointed by the Court for the first meeting of creditors under said bankruptcy, and of which due notice has been given in the ,1, the undersigned referee of the said court in bankruptcy, sat at the time and place above mentioned, pursuant to such notice, to take the proofs of debt and for the choice of trustee under the said bankruptcy ; and I do hereby certify that the creditors whose claims had been allowed and were present or duly represented, failed to make choice of a trustee of said bank- rupt's estate, and therefore I do hereby appoint of in the County of and State of , as trustee of the same, (and fix his bond as such trustee at $ ). Referee in Bankruptcy. NOTES. Appointment by Referee. Where creditors fail to appoint. In re Morris, 18 Am. B. R. 828 ; 154 Fed. 211. In re Brooke et al., 4 Am. B. R. 50 ; 100 Fed. 432, In re Kuffler, 3 Am. B. R. 162 ; 97 Fed. 187. In re Richards, 4 Am. B. R. 631 ; 103 Fed. 849. In re Machin and Brown, 11 Am. B. R. 449 ; 128 Fed. 315. In re Cohen, 11 Am. B. R. 439 ; 131 Fed. 391. In re Henschel, 6 Am. B. R. 305 ; 109 Fed. 861 ; as reversed s. c. 7 Am. B. R. 662 113 Fed. 443. Tn re E. T. Kenney & Co., 14 Am. B. R. 61 ; 136 Fed. 451. FORMS IN BANKRUPTCY. 147 When referee may not appoint. On disapproval of election of a trustee, must call another meeting of creditors for purposes of electing another trustee. In re Mackollar, 8 Am. B. R. 669 ; 116 Fed. 547. In re Van De Mark (D. C. N. Y.), 28 Am. B. R. 760; 175 Fed. 287 ; In re Lewenaohn, 3 Am. B. R. 299 ; 98 Fed. .576. In re Hare, 9 Am. B. R. 520 ; 119 Fed. 246. In re Kaufman, 24 Am. B. R. 117. FORM No. 87. [Official] NOTICE TO TRUSTEE OF HIS APPOINTMENT. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. ^No. To of in the County of , and district aforesaid: I hereby notify you that you were duly appointed trustee of the estate of the above named bankrupt at the first meeting of the creditors, on the day of A. D. 19. . and I have approved said appointment. The penal sum of your bond as such trustee has been fixed at Dollars. You are required to notify me forthwith of your acceptance or rejection of the trust. Dated at the day of , 19 . . . Referee in Bankruptcy. NOTE. See General Order XVI. 148 FOBMS IN BANKKUPTCY. FORM No. 88. [Official.] ORDER APPROVING TRUSTEE'S BOND. In the District Court of the United States, ior the District of In Bankruptcy. In the Matter OF JBankrupt. No. It appearing to the Court that of and in said District, has been duly appointed trustee of the estate of the above named bankrupt, and has given a bond with sureties for the faithful performance of his official duties, in the amount fixed by the creditors (or by order of the court) to wit ; — in the sum of dollars : it is Ordered that the said bond be, and the same is hereby approved. Dated 19. .. Referee in Bankruptcy. FOKMS IN BANKRUPTCY. 149 FORM No. 89. ORDER THAT NO TRUSTEE BE APPOINTED. In the District Court of the United States, for the District of In Bankruptcy. In the Matteb OP Bankrupt. > No. At in the City of and County of , in said District, on the day of A. D., 19. ., before , Esq., Referee in Bankruptcy. This being the day appointed by the Court for the first meeting of creditors in the above entitled proceeding, of which due notice has been given by publication of the same once in the , and by mailing a notice to each of said creditors as required by law; and it appearing that the schedules of the bankrupt disclose no assets except such as are exempt, and that no creditor has appeared and filed a proof of claim at said meeting, and that the appointment of a trustee of the bankrupt's estate is not now desirable, it is hereby Ordered, that, until further order of the Court, no trustee be appointed and no other meeting of the creditors be called. Referee in Bankruptcy. 150 FORMS IN BANKRUPTCY. FORM No. 90. NOTICE TO TRUSTEE TO FILE REPORT. United States District Court, for the District of In Bankruptcy. In the Matter OP bankrupt. No. Office of , Eeferee in Bankruptcy, No St., City of ,19... To Esq., Trustee, No Street, City of A report prescribed by Section 47 of the United States Bankruptcy Act, subdivision 10, has not been filed by you. Kindly file the same on or before , 19... Yours truly, Referee in Bankruptcy. FORM No. 91. NOTICE TO TRUSTEE TO FILE REPORT. {Used in Southern District of New York.) To , Esq., In re , Bankrupt. Sir: You were appointed trustee of the estate of the above named bankrupt, on 19... No report has been filed by you therein since You are hereby notified and requested to forthwith file your report as required by Sec. 47 (10) of the Bankruptcy Act. Your attention is called to rule in bankruptcy for the Southern District of New York, No. XXXV, which provides among other things as follows : " If any trustee after due notice from the referee neglects to make siieh FORMS IN BANKRUPTCY. 151 reports, or pay such dividends, or nnreasonably delays in any respect, the prompt settlement of the estate the referee in charge is directed to make a certificate of the facts and upon it to issue an order, returnable before the Judge on any motion day requiring the trustee to show cause why he should not be removed." Dated , 19... Referee in Bankruptcy. FORM No. 92. ORDER APPOINTING ATTORNEY FOR TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. y No. Upon the annexed petition of , trustee herein, the affidavit of , both duly verified, and sufficient reason appearing to me there- for, it is hereby Ordered, that , as trustee herein, be and he hereby is authorized and empowered to retain Messrs , of No , City of , as his attorneys herein. Dated 19... , Referee in Bankruptcy. NOTES. Employment of Counsel by Trustee. For Forms of petition and affidavit therefor, see " Temporary Receivers ". Forms Nos. 52 and 53. Duty to employ counsel. In re McKenna (D. C. N. Y.), 15 Am. B. R. 4 ; 137 Fed. Gil. In re Baber, 9 Am. B. R. 406 ; 119 Fed. 525. Right to select his own counsel. In re Columbia Iron Works, 14 Am. B. R. 526 ; 142 Fed. 242 ; In re Abram, 4 Am. B. R. 575; 103 Fed. 272. Where attorney represents adverse interests. In -e Rii-ch. 5 Am. B. R. 565 ; 105 Fed. 607. 152 FORMS m BANKRUPTCY. FORM No. 93. NOTICE OF DEFECTIVE PROOF. United States District Court, for the District of In Bankruptcy. In the Matteb OF BanJeiupt. y No. Office of , referee in bankruptcy, No. City of , ,19... Street, Dear Sir: Your statement of claim against the above named bankrupt has been received and is herewith returned for correction. Please see Section 57 of the Bankruptcy Act, and Rule XXI of the General Orders in Bankruptcy of the U. S. Supreme Court. The charge allowed by the United States Bankruptcy Act, on filing of claim, is twenty-five cents, to be returned to you out of the assets, if any, which please remit with corrected proof of claim. Y'ours Truly, Referee in Bankruptcy. FORMS IN BANKRUPTCY. 153 FORM No. 94. PETITION TO AMEND SCHEDULES. United States District Court, for the District of In Bankruptcy. In thk Matter OF Sankrupt. > No. To Esq., Referee in Bankruptcy : Your petitioner respectfully shows: That he was duly adjudicated a bankrupt herein on the day of , 19. ., and that his schedules as required by Section 7 (8) of the bankruptcy law of 1898, have been duly filed herein. That the first meeting of your petitioner's creditors has been called for the day of ,19... That, at the time your petitioner's schedule of creditors was prepared, by inadvertence, the names and the statutory facts concerning the claims of certain creditors were omitted therefrom. That such names and facts are as follows : That the above mentioned creditors have not been regularly notified of said first meeting of creditors. That at the time your petitioner's schedule of property was prepared, by inadvertence, a certain interest in property vested in your petitioner was omitted therefrom, namely : That no previous application has been made for the order hereinafter asked. Wherefore, your petitioner prays for an order amending said schedules in the particulars above specified, and that notice be given accordingly. Dated at , , 19... Petitioner. (Verification.) 154 FORMS IN BANKRUPTCY. FORM No. 95. ORDER TO SHOW CAUSE TO AMEND SCHEDULES. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. > No. On reading and filing the petition of , the bankrupt herein, wherein he prays for an order amending his schedules in certain particulars, now, on motion of Esq., his attorney, it is Ordered, that the creditors hereinafter named show cause before the under- signed, at , in the of , in said district, on the day of , 19 . . , at o'clock, . . . M., or as soon thereafter as counsel can be heard, -"yhy the prayer of said petition should not be granted and why said petitioner's schedules, hereinafter men- tioned, should not be amended by adding to Schedule A the names and facts hereinafter set forth : and by adding to Schedule B the following statement of facts as to property : Let service of this order be made by mail, addressed to said persons at their places of residence as above stated, not later than ten days prior to the return day hereof. Dated 19... Referee in Bankruptcy. FORMS IN BANKRUPTGY. 155 FORM No. 96. ORDER AMENDING SCHEDULES. United States District Court, for the District of In Bankruptcy, In the Matter OF Bankrupt. > No. Application having been heretofore made for an order amending Schedules previously filed herein, and an order to show cause having been granted thereon on the day of , 19. ., and proof of mailing said order, as provided therein, now being made, and (Recite here opposition if any.) now, on motion of Esq., attorney for said bankrupt, it is Ordered, that Schedule A ( ) herein be amended by adding thereto, in the proper columns, the following facts : That Schedule B ( ) be amended by adding thereto the following words : Dated 19... Referee in Bankruptcy. 156 FORMS IN BANKRUPTCY. FORM No. 97. ATTIDAVIT OF BANKRUPT AS TO EXEMPTIONS. United States District Court, District of . In Bankruptcy. In the Matteb OP Bankruj>t. State of . . County of >• ss. being duly sworn deposes and says : 1. That he is the bankrupt herein and was duly adjudicated in this court on the day of 19 . . . 2. That deponent filed his duly verified schedules herein on the day of 19. ,, and in schedule B. (5) set forth the property to which he deems himself entitled by way of exemptions according to the law of the State of 3. That deponent has had his domicile in said state for the greater portion of six months immediately preceding the filing of his petition in bankruptcy herein. 4. That said property is of the value of dollars estimated as follows : 5. That said property should be set off to deponent as exempt property. Sworn to before me this day of 19 . .. FORMS IN BANKRUPTCY. 157 FORM No. 98. ORDER AliLOWING EXEBffPTIONS WHEN MO TRUSTEE APPOINTED. United States District Court, District of In Bankruptcy. In the Matter OP Bankrupt. > No. An order having been made herein that no trustee be appointed as provided in General Order XV; and it appearing, from the affidavit of the bankrupt filed on this application and Schedule B (5) filed with his petition herein, that he has duly claimed and is entitled to the exemptions hereinafter mentioned : Now, on motion of Esq., his attorney, it is Ordered, that the said bankrupt's claim to exemptions be determined as follows : That he is entitled under of the laws of the State of , to the following property : and that the same be delivered to him forthwith. Dated ,19... Referee in Banhruptcy. NOTES. Exemptions. Sees. 6, 2, (11), 7-a, (8), 47-a, (11). Cros8-referenceB, 70-a. General Orders, XVII. The stale law where bankrupt has domicile controls. In re Tobias. 4 Am. B. R. 555; 103 Fed. 68. Richardson v. Woodward, 5 Am. B. R. 94; 104 Fed. 873. In re Anderson, 6 Am. B. R. 555; 110 Fed. 141. In re Manning, 7 Am. B. R. 571; 112 Fed. 948. In re Wood. 17 Am. B. R. 931 ; 147 Fed. 877. In re O wings (D. C. N. Car.), 15 Am. B. R. 472; 140 Fed. 739. Smalley v. Langenour, 13 Am. B. R. 692; 196 U. S. 93; 49 L. Ed. 400. In re Fisher, 15 Am. B. R. 652; 142 Fed. 205. In re Lynch, 4 Am. B. R. 262; 101 Fed. 579. 158 FORMS IN BANKRUPTCY. In re Wunder, 13 Am. B. R. 701; 133 Fed. 821. Duncan v. Ferguson-McKinney Dry Goods Co. (C. C. A. 5th Cir.), 18 Am. B. R. 155; 150 Fed. 269 ; 80 C. C. A. 157. In re OHara, 20 Am. B. R. 714; 162 Fed. 325. In re Sullivan (C. C. A. 8tli Cir.), 17 Am. B. R. 578; 148 Fed. 815; 78 C. C. A. 505. In re Downing (D. C. Ky.), 148 Fed. 120. Time and manner of claiming. In re McClintock, 13 Am. B. R. 606. An extension of time for filing schedules extends bankrupt's time for claiming exemptions. In re O'Hara (D. C. Pa.), 20 Am. B. R. 714; 162 Fed. 325. Not the intent of the bankruptcy act to enlarge the exemptions available under the state law. In re Boyd, 10 Anv B. R. 337; 120 Fed. 999. Burden of proof as to exemptions on bankrupt. In re Turnbull, 5 Am. B. R. 549; 106 Fed. 666. McGahan v. Anderson, 7 Am. B. R. 641 ; 113 Fed. 115; 51 C. C. A. 92. Property set apart as exemption forms no part of estate in bankruptcy. Lockwood V. Exchange Bank, 10 Am. B. R. 107; 190 U. S. 294. In re Brumbaugh, 12 Am. B. R. 204; 128 Fed. 971. Jewett v. Huffman, 13 Am. B. R. 738. In re Bender (D. C. O.), 17 Am. B. R. 895. McKenny v. Cheny, 11 Am. B. R. 54. In re Hill, 2 Am. B. R. 798; 96 Fed. 185. A trustee may not recover, as a preference, exempt property or the proceeds thereof, transferred by the bankrupt within the four months period. Vitzlhum V. Large (D. C. la.), 20 Am. B. R. 666; 162 Fed. 685. Court of bankruptcy has jurisdiction to determine the merits of a bankrupt's claim to exemptions. In re Castleberry, 16 Am. B. R. 159; 143 Fed. 1018. In re Camp, 1 Am. B. R. 165; 91 Fed. 749. In re Hatch, 4 Am. B. R. 349; 102 Fed. 280. Ingram v. Wilson, 11 Am. B. R. 192; 125 Fed. 913. In re Lucius, 10 Am. B. R. 653; 124 Fed. 455 and cases cited. McGahan v. Anderson (C. C. A. 4th Cir.). 7 Am. B. R. 641; 113 Fed. 115; 51 C. C. A. 92. In re Mackissic, 22 Am. B. R. 817 ; 171 Fed. 259. Enforcement of order. In re Hartsell, 15 Am. B. R. 177; 140 Fed. 30. In re Castleberry (supra). Exemption laws to be liberally construed. In re Tilden, 1 Am. B. R. 300; 91 Fed. 500. As affecting stay of discharge. In re Mitchell, 23 Am. B. R. 707; 175 Fed. 877. Right of bankrupt thereto. In re Brown. 4 Am. B. R. 46 ; 100 Fed. 441. In re Waxelbaum, 4 Am. B. R. 120; 101 Fed. 238. In re Stephens, 8 Am. B. R. 53; 114 Fed. 192. In re Hines, 9 Am. B. R. 27; 117 Fed. 790. In re Bean, 4 Am. B. R. 53; 100 Fed. 262. In re Renda (D. C. Pa.), 17 Am. B. R. 521 ; 149 Fed. 614. Determined as of the time of his adjudication. In re Fletcher, 16 Am. B. R. 491. Personal to bankrupt and is deemed waived if not asserted. In re Bolingcr. 6 Am. B. R. 171; 108 Fed. 374. In re Sloan. 14 A-n. B. R. 435; 135 Fed. 873. In re Blancliinl a-id Howard (D. C. X. Car.), 20 Am. B. R. 422; 161 Fed. 797. May waive, but not assign. In re Pfeiffcr (D. C. Pa.), 19 Am. B.R. 230; 155 Fed. 892. FORMS IN BANKKUPTOY. 169 Failure to claim exemptions does not estop. In re Goodman, 23 Am. B. R. 504. In re Maxson (D. C. la.), 170 Fed. 356, Waiver. In re Kciuhart, 12 Am. B. R. 78; 129 Fed. 510. In re Osbom (I). C. N. Y.), 5 Am. B. R. Ill; 104 Fed. 780. In re Kaufmanu (D. C. Wis.), 16 Am. B. R. 118. In re Pfeiffer (D. C. Pa.), 19 Am. B. R. 230; 155 Fed. 892. In re Bolinger (supj'a). Notes containing ■waiver. Personal to creditor favored. In re Black, 4 Am. B. R. 776; 104 Fed. 28. In re Tune, 8 Am. B. R. 285; 115 Fed. 906. Zumpfe V. Schultz, 20 Am. B. R. 916; 35 Pa. Super. Ct. 106. In re Meredith (D. C. Ga.), 16 Am. B. R. 331 ; 144 Fed. 230. Bankrupt's right to, not affected by fact that he had given notes containing a waiver thereof. In re Goodman, 23 Am. B. R. 504. Trustee's rights and duties as to exemptions. In re Friedrich, 3 Am. B. R. 801 ; 100 Fed. 284. In re Manning (D. C. Pa.), 7 Am. B. R. 571 ; 112 Fed. 948. In re Reese. 8 Am. B. R. 411 ; 115 Fed. 993. In re Groves, 6 Am. B. R. 728. In re Brown, 4 Am. B. R. 46 ; 100 Fed. 441, In re Campbell (D. C. Va.), 10 Am. B. R.723. In re Ellis, 10 Am. B. R. 754. Should report within 20 days after appointment. In re McClintock (D. C. O.), 13 Am. B. R. 606. Creditor may except to report. In re White, 4 Am. B. R. 613 ; 103 Fed. 774. In re Campbell (D. C. Va.) (supra). Exceptions filed more than 20 days after the filing of trustee's report on exemptions are too late. In re Amos (D. C. Ga.), 19 Am. B. R. 804. Bankrupt also may except to trustee's report. In re Ellis (D. C. O.) (supra). As affected by kind of property claimed. Cases very numerous and differ largely in the various states, wearing apparel, imple- ments of trade, household furniture to limited amount are exempt in most states. Page v. Edmunds, 9 Am. B. R. 277 ; 187 U. S. 596 ; 47 L. Ed. 318. In re Herbold, 14 Am. B. R. 116. (Wearing apparel), In re Stokes (D. C. N. Y.), 4 Am. B. R. 560. Homesteads. In re Rhodes, 6 Am. B. R. 173. In re Tollett, 5 Am. B. R. 404 ; 106 Fed. 866. In re Buelow, 3 Am. B. R. 389 ; 98 Fed. 86. In re Gibbs, 4 Am. B. R. 619 ; 103 Fed. 782. In re Paramore & Ricks (D. C. N. Car.), 19 Am. B. R. 126 ; 156 Fed. 208. In re Fisher (D. C. Va.), 15 Am. B. R. 652 ; 142 Fed. 205. In re Barrett (D. C. Or.), 16 Am. B. R. 46. 160 FORMS IN BANKRUPTCY. In re Youngstrom (C. C. A. 8th Cir). 18 Am. B. R. 573 ; 153 Fed, 98 ; 82 C. C. A. 232. In re Jeffers (D. C. Ga.), 17 Am. B. R. 368. In re Sale (C. C. A. 6th Cir.), 16 Am. B. R. 235 ; 143 Fed. 310 ; 74 C. C. A. 448. In re Letson (Okla.), (C. C. A. 8th Cir.), 19 Am. B. R. 506 ; 157 Fed. 78 ; 84 C. C. A. 582. As to Crops, see, In re Sullivan (la.), (C. C. A. 8th Cir.), 17 Am. B. R. 578 ; 148 Fed. 815 ; 78 C. C. A. 505 ; aff'g 16 Am. B. R. 87 ; 142 Fed. 620. Pension money. In re Bean, 4 Am. B. R. 53, 100 Fed. 262. In re Stout, 6 Am. B. R. 505 ; 109 Fed. 794. In re EUithorpe, 7 Am. B. R. 18 ; 111 Fed. 163. Insurance policies. In re Phelps (D. C. N. Y.), 15 Am. B. R. 170. In re Scheld (C. C. A. 9th Cir.). 5 Am. B. R. 102 ; 104 Fed. 870 ; 44 C. C. A. 233. Steele v. Buel (C. C. A. 8th Cir.), 5 Am. B. R. 165 ; 104 Fed. 968 ; 44 C. C. A. 287. In re White (C. C. A. 2nd Cir.), 174 Fed. 333. Goodman v. Curtiss (C. C. A. 5th Cir.), 174 Fed. 644. Partnership assets. In re Camp (D. C. Ga.), 1 Am. B. R. 165 ; 91 Fed. 745. In South Dakota no right of exemption in partnership assets. In re Novak (D. C. S. Dak.), 18 Am. B. R. 236 ; 150 Fed. 602. So in New Jersey, Maryland, Pennsylvania, Oklahoma and Arkansas. In re Prince & Walter (D. C. Pa.), 12 Am. B. R. 675 ; In re Demarcst (D. C. N. J.), 6 Am. B. R. 232 ; 110 Fed. 688. In re Rushmore, 24 Am. B. R. 35. North Carolina rule. In re .1. M. Monroe & Co. (D. C. N. Car.), 19 Am. B. R. 255 ; 156 Fed. 216. In re Fowler & Co. (D. C. N. Car.), 16 Am. B. R. 580 ; 145 Fed. 270. Practice on exemptions. Schedule of exemptions. In re McClintock, 13 Am. B. R. 607. Lipman v. Stein (C. C. A. 3rd Cir.), 14 Am. B. R. 30 ; 134 Fed. 235 ; 67 C. C. A. 17 ; aff'g 12 Am. B. R. 384. Burke v. Guarantee Title & Trust Co. (C. C. A. 3rd Cir.), 14 Am. B. R. 31 ; 134 Fed. 562 ; 07 C. C. A. 486. In re Groves (D. C. O.), 6 Am. B. R. 728. In re Luby, 155 Fed. 659. Amendment of bankrupt's schedule as to exemptions permitted. In re White, 11 Am. B. R. 556 ; 128 Fed. 513. In re Duffy, 9 Am. B. R. 358 ; 118 Fed. 926. In re Fisher (D. C. Va.), 15 Am. B. R. 652 ; 142 Fed. 205. Must be seasonably made. In re Von Kern (D. C. Pa.), 14 Am. B. R. 403 ; 135 Fed. 447. In re Nunn (D. C. Ga.), 2 Am. B. R. 664. In re Sharr, 15 Am. B. R. 491. In re Xeal (D. C. O.), 14 Am. B. R. 550. In re Wilson, 6 Am. B. R. 287 ; 108 Fed. 197. In re White (supra). Liability of exempt property for costs and fees. In re Castleberry (supra). In re Bean (supra). In re Hines (D. C. W. Va.), 9 Am. B. R. 27. ♦ Exemptions after discharge out of subsequently discovered assets not allowed. In re Irwin (C. C. A. 3rd Cir.). 174 Fed. 642. Effect of concealment of assets. FORMS IN BANKRUPTCY. 161 Bankrupt forfeits. la re Scbafer (D. C. Pa.). 18 Am. B. R. 361 ; 151 Fed. 505. la re Ansley Bros. (D. C. N. Car.), 18 Am. B. R. 457 ; 153 Fed. 983. la re Alex (D. C. Pa.), 15 Am. B. R. 450 ; 141 Fed. 483. In re Leverton (D. C. Pa.), 19 Am. B. R. 426 ; 155 Fed. 925. la re Taylor (D. C. Colo.), 7 Am. B. R. 410 ; 114 Fed. 607. lo re Yost (D. C. Pa.), 9 Am. B. R. 153 ; 117 Fed. 792. la re Evaas (D. C. N. Car.). 8 Am. B. R. 730 ; 116 Fed. 909. Contra. la re Park (D. C. Ark.), 4 Am B.R. 432 ; 102 Fed. 602. la re Rothschild (D. C. Qa.), 6 Am. B. R. 43. FORM No. 99. PETITION BY BANKRUPT FOR REVIEW^ OF REFEREE'S ORDER ON EXEMPTIONS. In the District Court of the United States for the District of , In Bankruptcy. In the Matteb OF Bankrupt. > No. To , Esq., Referee in Bankruptcy: Your petitioner respectfully shows : That he was adjudged a bankrupt herein on the .... day of , 19. ., and that a trustee of his estate was in such proceeding subsequently appointed. That such trustee, on the day of , 19. ., filed a report of exempted property herein, and that, on the .... day of , 19. ., an order was entered determining your petitioner's claim to exempt property, as stated in such report That such order was erroneous, for the following reasons: Wherefore, your petitioner, feeling aggrieved because of said order, prays that said trustee's report and the said order be reviewed, as provided in the Bankruptcy Law of 1898 and General Order XXVII. Dated, , , , 19... Barikrufi. (Verification.)' 102 FOKAIS 1^' BANKRUPTCY. FORM No. 100. CERTIFICATE OF FALSITY OF PAUPER AFFIDAVIT. United States District Court for the District of In Bankruptcy. In the Matteb OF Banhrwpt. No. I, , referee in bankruptcy in charge of the above entitled proceeding, do hereby certify : That I have reason to believe that the pauper affidavit filed herein by the above named bankrupt, as provided in Sec. 51-a (2) of the bankruptcy law of 1898, is false; and I do, therefore, set the day of , 19. ., at M., as the time, and , in the of , in said district, as the place, when said bankrupt shall be examined as to the truth of such affidavit. Dated, , , , 19. .. Referee in Bankruptcy. To , bankrupt : You are hereby ordered to appear before the undersigned, for examination,, at the time and place specified in the above certificate. Dated, , , , 19... Referee in Bankruptcy. NOTES. Petition in forma pauperis. Sec. 51-a, (2). General order XXXV., (4> Affidavit. In re Levy, 4 Am. B. R. 108; 101 Fed. 247. Sellers v. Bell (C. C. A. 5th Cir.), 2 Am. B. R. 529; 94 Fed. 801; 36 C. C. A. 502. No law or rule authorizing referee to require bankrupt to pay tlie statutory fees before he is given his discharge. In re Plimpton, 4 Am. B. R. 614; 103 Fed. 775. FORMS IN BANKRUPTCY. 163 FORM No, 101. ORDER THAT TRUSTEE TRANSFER COPYRIGHT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. Upon reading and filing the petition of , verified the .... day of , 19. ., the notice of motion herein with proof of due service thereof upon , as trustee in bankruptcy of , the above named bankrupt, and the affidavit of the said trustee duly verified, whereby it appears that the copyright of the book was registered in the name of , the bankrupt herein, but that the title thereto by the terms of the contract, is now vested in the said , the author of said book. Now, on motion of , attorney for , and there being no opposition thereto, it is Ordered, that , as trustee aforesaid, be and he hereby is authorized and directed to assign, transfer and set over unto the said , all his right, title and interest in and to the copyright of said book entitled Dated, , , 19. .. Ueferee. 1G4 FORMS IN BANKRUPTCY. FORM No. 102. PETITION FOR MEETING OF CREDITORS TO CONSIDER PROPOSED COMPROMISE. United States District Court, for the District of In Bankruptcy. In the Mattkr OF Bankrupt. V No. To , Esq., Referee in Bankruptcy. The petition of respectfully shows : 1. That your petitioner is the trustee herein, duly qualified and acting. 2. That among the assets coming into the hands of your petitioner is a certain claim consisting of : against of That your petitioner has made efforts to collect said claim, has presented same and demanded payment thereof. That payment was refused by the said on the follow- ing grounds, to wit: 3. That after considerable negotiation, your petitioner has succeeded in obtaining an offer of $ from said in full settlement of your petitioner's claim against him. That your petitioner has fully investigated the claim, and verily believes that it is to the best interests of this estate to accept the amount offered, and petitioner recommends a compromise of the claim upon the terms offered. Wherefore, your petitioner prays that a meeting of creditors be called upon ten days notice, to consider a proposed compromise of the controversy of the claim asrainst Petitioner. (Verification.) NOTES. Compromise of controversy. Sec. 27. Cross-references, sees, 2, (7), 26, 58-a, (7), b, c. FORMS IN BANKRUPTCY. 165 General orders XXVIII.. XXXII. Subject matter of controversy and reasons for compromise should be clearly set forth. In re Phelphs, 3 Am. B. R. 396. Compromise must be with the approval of the court. Action of creditors thereon not final. In re Heyman, 5 Am. B. R. 808; 104 Fed. 677. May not compromise and settle suit to the prejudice of attorney's lien for services. In re Adamo(D. C. N. Y.). 18 Am. B. R. 180; 151 Fed. 716. Bankrupt may not enjoin trustee from affecting a compromise. In re Kranich, 174 Fed. 908, FORM No. 103. NOTICE TO CREDITORS OF SPECIAIi MEETING. In the District Court of the United States for the .... District of , In Bankruptcy. In the Matter OF Bankrupt. V No. To the creditors of , of , in the county of , and district aforesaid, a bankrupt: Notice is hereby given that on the .... day of , 19. ., at .... o'clock, . . M., there will be a meeting of the creditors of the said bankrupt, at , in the .... of , in said district for the following purposes: [Here set forth brief statement of object of meeting as for example, " To consider a proposed compromise of a controversy between the trustee herein and concerning on the following terms : "] To transact such other business as may properly come before said meeting. Dated, 19... Referee in Bankruptcy. 166 FORMS IN BANKRUPTCY. FORM No. 104. ORDER AUTHORIZING COMPROMISE. TTnited States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. Upon reading and filing the petition of , trustee herein, duly verified, praying for authority to compromise a controversy with and all the proceedings heretofore had herein, and a meeting of creditors having been duly held before the referee herein on ten days notice, to consider the proposed compromise of the controversy with the said , and no objections having been filed and no one having appeared in opposition thereto, Now, on motion of , attorney for the said trustee, it is Ordered, that , the trustee herein, be and he hereby is authorized to settle and compromise the controversy with , of the City of , f or the sum of $ , and the said trustee is authorized to execute the necessary papers to carry out said compromise. Dated, , , 19... Referee in Bankruptcy. FOKMS IN BANKRUPTCY. 167 FORM No. 105. PETITION FOR MEETING OF CREDITORS TO INDEMNIFY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. To , Esq., Referee in Bankruptcy. The petition of respectfully shows to the court: 1. That your petitioner is the trustee in bankruptcy in the above entitled proceeding, having been duly appointed such trustee on the .... day of , 19. ., and having thereafter duly qualified by filing the required bond, and is now acting as such trustee. 8. That your petitioner, through his attorney, conducted an examination of the bankrupt and his wife, and based upon the testimony adduced at such examination, brought an action in the court, County, for the purpose of setting aside certain preferential transfers. That your petitioner was also substituted as party-plaintiff in an action pending in the Supreme Court, County against : said action being for an accounting with reference to the partnership hereto- fore existing between the said and the bankrupt herein. That your petitioner has been ordered by the court in this proceeding to file security for costs, and cannot proceed with said action until same has been filed. 3. Your petitioner has no cash nor assets, other than said claim, in his hands, and feels that he should be indemnified both as to such security already demanded and for his costs and expenses in carrying on this litigation, and your petitioner believes and has been advised by counsel that the sum of $ , which should be furnished before requiring petitioner to proceed further with the litigation, would be a just and equitable indemnity. Wherefore, your petitioner prays that a meeting of creditors be called herein and that said creditors be cited to show cause why thoy should not furnish proper indemnity to the trustee, or why your petitioner should not be permitted 168 FORMS IN BANKRUPTCY. to discontinue the aforesaid actions in the event of the creditors failing to indemnify him in the amount above set forth. Petitioner. (Verification.) FORM No. 106. PETITION THAT BANKRUPT TURN OVER CONCEALED ASSETS. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. >■ No. To Esq., Referee in Bankruptcy. The petition of , respectfully shows: 1. That he is the trustee herein duly qualified and acting. 2. Petitioner respectfully alleges that through his attorney, he has ex- amined the bankrupt and other witnesses in this proceeding and thoroughly investigated the books of the bankrupt and the circumstances connected with this bankruptcy. 3. Petitioner alleges, upon information and belief, that the said bankrupt has in his possession or under his control the following property belonging to his said estate in bankruptcy : That the said bankrupt is fraudulently concealing same from your petitioner as trustee. 4. That said property so concealed amounts in value to at least $ 5. That the sources of petitioner's knowledge and the grounds of his belief as to this property are as follows : [Here specify fully.] 6. No previous application has been made for an order herein. FORMS IN BANKRUPTCY. 1G9 Wherefore, your petitioner prays for an order directing the bankrupt to turn over and deliver forthwith to your petitioner, all of such property or moneys so concealed, and for such other and further relief as may bo just and proper. Petitioner. ' (Verification.) NOTES. "Turn over" motions. — Jurisdiction. An order requiring a bankrupt to surrender assets in his possession or control is not an order for payment of a debt. Samel v. Dodd (C. C. A. 5th Cir.), 16 Am. B. R. 163; 142 Fed. 68; 73 C. C. A. 254. In re Epstein (D. C. Pa.), 15 Am. B. R. 711. In re Schlesinger (D. C. N. Y.), 3 Am. B. R. 343; 97 Fed. 930. In re Gerstel (D. C. 111.), 10 Am. B. R. 411; 123 Fed. 166. In re McCormick (D. C. N. Y.), 3 Am. B. R. 340; 97 Fed. 566. Degree of proof required, "Beyond Reasonable Doubt." In re Frankfort (D. C. N. Y), 15 Am. B. R. 210; 144 Fed. 721. In re Weinreb (C. C. A. 2nd Cir.). 16 Am. B. R. 702; 146 Fed. 243. In re Alphin and Lake Cotton Co., 14 Am. B. R. 194; 134 Fed. 477. In re Leinweber (D. C. Conn.), 12 Am. B. R. 175; 128 Fed. 641. In re Feldser (D. C. Pa.), 14 Am. B. R. 216; 134 Fed. 307. In re Gerstel (supra). In re Adler, 12 Am. B. R. 19; 129 Fed. 902. In re Kane, 10 Am. B. R. 478 ; 125 Fed. 984. In re Felson, 10 Am. B. R. 716; 124 Fed. 288. In re Mize, 172 Fed. 945. Application usually by trustee's petition to referee direct; may be made to judge and referred to a special master. In re Herskowitz (D. C. N. Y.), 18 Am. B. R. 247; 152 Fed. 316. In re Rothschild, 5 Am. B. R. 587. A distinct issue should be made by petition and answer. In re Lasch, 12 Am. B. R. 158. In re Pearson, 2 Am. B. R. 819. In re Friedman, 1 Am. B. R. 510. Court must be satisfied of bankrupt's present ability to comply. In re Davison, 16 Am. B. R. 337 ; 143 Fed. 673. In re Cole (C. C. A. 1st Cir.), 16 Am. B. R. 302; 144 Fed. 392; 75 C. C. A. 330; modf'g 14 Am. B. R. 389; 135 Fed. 439. American Trust Co. v. Wallis (C. C. A. 3rd Cir.), 11 Am. B. R. 360; 126 Fed. 464; 61 C. C. A. 342. In re Stavrahu (C. C. A. 2nd dr.), 23 Am. B. R. 168; 174 Fed. 330. In re Cramer, 23 Am. B. R. 637; 175 Fed. 879. In re Tudor, 2 Am. B. R. 808 ; 96 Fed. 942. In re ^lize (supra). Bankrupt's denial of possession of the property not conclusive. In re Schachter, 9 Am. B. R. 497; 119 Fed. lOlO. In re Frankfort (supra). Upon a bankrupt's petition to review an order adjudging him in contempt for failure to obey an order to turn over assets to his trustee, the latter order is not reviewable. In re Lans (C. C. A. 2nd Cir.), 19 Am. B. R. 458; 158 Fed. 610; 85 C. C. A. 432. Order refusing to direct delivery is not res adjudicata upon subsequent plenary action. Murray v. Joseph (D. C. N. Y.), 16 Am. B. R. 705; 146 Fed. 260. ITO FORMS IN BANKRUPTCY. When evidence sufficient to warrant order. In re Averick (D. C. Pa.), 170 Fed. 521. In re Adler (D. C. OULi.), 170 Fed. 634. In re Reese (D. C. Pa.), 170 Fed. 986. When not granted. In re LaPlume Condensed Milk Co. (D. C. Pa.), 16 Am. B. R. 739; 145 Fed. 1013. In re Walder (D. C. Conn.), 16 Am. B. R. 41; 142 Fed. 784. In re Longbottom and Sons, 15 Am. B. R. 437 ; 142 Fed. 291. In re Sax (D. C. Pa.), 15 Am. B. R. 455; 141 Fed. 223. What order should provide. It is error to embody in the order what is substantially a judgment for contempt and an alternative order of committal therefor. The issue on the question of contempt is entirely separate. In re Cole, 16 Am. B. R. 302; 144 Fed. 392; 75 C. C. A. 330; rev'g 14 Am. B. R. 389; 135 Fed. 439. In re Baum (C. C. A. 8th Cir.), 169 Fed. 410. Order should require payment to the trustee. In re Baum (supra). Recovery from third persons. When it is clear that third person's possession is merely colorable. In re Friedman (C. C. A. 2nd Cir.), 20 Am. B. R. 37; 161 Fed. 260; 88 C. C. A. 806; afif'g 18 Am. B. R. 712; 153 Fed. 939. In re Moore, 5 Am. B. R. 151 ; 104 Fed. 869. Taken under a void attachment. In re Graessler & Reich wald (C. C. A. 9th Cir.), 18 Am. B. R. 694; 154 Fed. 478; 83 C. C. A. 304. Where assets have been forcibly taken out of estate while in custodia legis. In re Landis, 18 Am. B. R. 483; 151 Fed. 896. No jurisdiction by summary order when in hands of state court on replevin. InreL. Rudnick & Co. (C. C. A. 2nd Cir.), 20 Am. B. R. 33; 160 Fed. 903; 88 C. C. A. 85. See, Knapp and Spencer Co. v. Drew (C. C. A. 8th Cir.), 20 Am. B. R. 355; 160 Fed. 413; 87 C. C. A. 365. FORMS IN BANKRUPTCY. 171 FORM No. 107. ORDER THAT BANKRUPT TURN OVER CONCEALED ASSETS. United States District Court, for the District of In Bankruptcy, In the Matter OF y No. bankrupt the trustee herein having made an application to compel , the bankrupt above named, to turn over to his said trustee, the sum of $ , proceeds of certain property belonging to his estate, alleged to be in the possession and control of said bankrupt and which the said bank- rupt is fraudulently concealing from his said trustee, and the said having filed his verified answer thereto and the matter having been duly heard and testimony taken, and the referee having rendered a decision thereon, Now, upon reading and filing the petition of , trustee herein, verified the day of , 19. ., the answer of bank- rupt herein, verified the day of , 19 . ., the testimony and all proceedings had herein and after hearing , attorney for the said trustee, in support of said petition, and , attorney for in opposition thereto, it is, upon motion of , attorney for said trustee. Ordered, that the prayer of the trustee's petition herein, be, and it hereby is, in all respects granted, and It is further ordered, that the said , bankrupt herein, account for and pay over within days to as trustee herein, the sum of $ belonging to his said estate in bankruptcy and found to be in his possession or under his control. Dated, , ,19... Referee in Bankrupicy. 172 FORMS IN BANKRUPTCY. FORM No. 108. PETITION UNDER SEC. 60-d. TO RECONSIDER ATTORNEY'S rEB United States District Court, for the District of In Bankruptcy. In the Matteb OF bankrupt. J > No. To Esq., Keferee in Bankruptcy. The petition of respectfully shows to this court upon information and belief: 1. That he is the trustee herein, duly qualified and acting. 2. That on or about the .... day of , 19.., an involuntary petition in bankruptcy was filed against the above named bankrupt, and Esq., was on the same day duly appointed temporary receiver herein and duly qualified, and that subsequently on said petition the said was duly adjudged a bankrupt, and on the .... day of , 19. ., petitioner was duly appointed trustee herein. 3. That your petitioner through his attorney, has conducted a lengthy ex- amination of the bankrupt and various witnesses at the adjourned first meeting of creditors. That among the persons examined was Esq., an an attorney at law of this court, residing in this district, and with an office at No , City of , and the attorney for the bankrupt herein. That from said examination, it appears that the bankrupt herein in contemplation of bankruptcy has paid to the said , his attorney, the sum of $ for services to be rendered in connection with the said bankruptcy proceedings. 4. That your petitioner alleges that the said has performed no services entitling him to retain the sum of $ nor any part thereof. 5. That no previous application has been made for an order herein. Wherefore, your petitioner prays for an order under Sec. 60 (d) of tiie Bankruptcy Law. that the said p'lyment be re-examined by tiiis court and that FORMS IN BANKRUPTCY. 173 the said be directed to turn over to your petitioner as trustee, the sum of $ as a part of the assets belonging to this estate and for such other and further relief as may be just and proper. Petitioner. (Verification.) FORM No. 109. ORDER THAT ATTORNEY REPAY MONEYS TO TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matteb OF y No. Bankrupt. , as trustee in bankruptcy in the above entitled proceeding, having filed a petition herein, praying under Sec. 60 (d) that , an attorney of this court, be directed to turn over to the said trustee the sum of $ , proceeds of certain property alleged to belong to the said bankrupt estate and wrongfully retained for alleged services by the said , and the matter having regularly come on for hearing and re-examination and the referee having on the day of , 19. ., handed down a decision and findings of fact. Now, upon reading and filing the petition of , trustee, verified the .... day of , 19. ., the answer of , verified the .... day of , 10- -5 the testimony, exhibits and all proceedings had herein, and after hearing , attorney for the said trustee in support of the said petition, and , attorney for , in opposition thereto. Now, upon motion of the said attorney for the trustee, it is Ordered, that the prayer of the trustee's petition herein be and hereby is in all respects granted. And it is further ordered, that the said pay over within .... 174 FORMS IN BANKRUPTCY. days to as trustee in bankruptcy herein, the sum of Dated , ,19... Eeferee in Bankruptcy. NOTES. Re-examination of payment to attorney. Sec. 60-d. Jurisdiction. — An administrative proceeding. Iq re Wood and Henderson (U. S. Sup.), 20 Am. B. R. 1; 210 U. S. 246; 52 L. Ed. 1046. In re Lewin, 4 Am. B. R. 632; 103 Fed. 850. Attorney not an adverse claimant. In re Ellis Bros. Printing Co. (D. C. N. Y.), 19 Am. B. R. 472; 156 Fed. 430. State Court has no jurisdiction. In re Wood & Henderson (supra). Services are those " tobe rendered " in contemplation of the filing of a petition, " by or against " the bankrupt. Furth v. Stahl, 10 Am. B. R. 442 ; 205 Pa. St. 439 ; Pratt v. Bothe (C. C. A. 6th Cir.), 12 Am. B. R. 529; 130 Fed. 670; 65 C. C. A. 48. In re Kross (D. C. N. Y.), 3 Am. B. R. 187; 96 Fed. 816. In re Habegger (C. C. A. 8th Cir.), 15 Am. B. R. 198; 139 Fed. 623; 71 C. C. A. 607. Summary order to restore property denied. In re Gilroy & Bloomfield, 14 Am. B. R. 627; 140 Fed. 733. Practice. By petition of trustee. In re Shiebler & Co. (D. C. N. Y.), 20 Am. B. R. 777; 163 Fed. 545. In re Wood and Henderson {supra). Notice. In re Lewin (D. C. Vt.), 4 Am. B. R. 632 ; 103 Fed. 850. When attorney ordered to turn over property. In re Eurich's Fort Hamilton Brewery (D. C. N. Y.), 19 Am. B. R. 798; 158 Fed. 644. FORMS IN BANKRUPTCY. 175 FORM No. 110. CERTIFICATE OF CONTEBffPT. United States District Court, for the District of In Bankruptcy, In the Matter OP Bankrupt. No. To the United States District Court for the District of : I, , one of the referees in bankruptcy of this Court, do respectfully report and certify that on the day of , I made an order requiring , bankrupt herein, to pay to , trustee in bankruptcy in this proceeding, on or before tho .... day of J 19 • • , the sum of $ , which said sum was in his possession or under his control and for which sum said has nof accounted. At the time of the entry of said order said was before me in person and by counsel A copy of said order is filed here- with and made a part hereof. I further certify that has failed to comply with said order and that the time within which to comply has now expired. I therefore find that said is in contempt of court, and there- fore recommend that he be punished for contempt and committed until he shall have paid to the said trustee, the said sum of $ All of which is respectfully submitted. Dated 19... Referee in Bankruptcy. 176. FORMS IN BANKRUPTCY. FORM No. 111. PETITION TO REVIEW REFEREE'S ORDER. United States District Court, District of In Bankruptcy. In the Mattbb OF V No. Alleged bankrupt. J To Esq., Referee in Bankruptcy. Your petitioner respectfully shows: That he is a creditor of , the above named bank- rupt, and that his claim has been allowed herein. That on the .... day of , 19. ., an order, a copy of which is hereto annexed, was made and entered herein. That such order was and is erroneous in that Wherefore, your petitioner, feeling aggrieved because of such order, prays that the same may be reviewed, as provided in the Bankruptcy Act of 1898 and General Order XXVII. •Dated, , ,19... Petitioner. (Verification.) NOTES. General order XXVII. Referees lindings of fact upon conflicting testimony should be upheld unless clearly •wrong. In re Slirivcr, 10 Am. B. R. 746 ; 125 Fed. 511. In re Carver & Co., 7 Am. B. R. 539 ; 113 Fed. 138. In re Linton, 7 Am. B. R. 676. Love V. Export Storage Co. (C. C. A. 6th Cir.), 16 Am. B. R. 172 ; 143 Fed. 1; 74 C. C. A. 155. Houck V. Cristy (C. C. A. 8th Cir), 18 Am. B. R. 330 ; 152 Fed. 612; 81 C. C. A. 602. In re Kenyon, 19 Am. B. R. 194 ; 156 Fed. 863. FORMS IN BANKRUPTCY. 177 Southern Pine Co. v. Savannah Trust Co., (C. C. A. 5th Cir.). 15 Am. B. R. 618 ; 141 Fed. 802; 73 C. C. A. 60. Boyd V. Arnold, Loucheim & Co. (C. C. A. 5th Cir.), 17 Am. B. R. 839; 149 Fed. 187; 79 C. C. A. 135. In re Simon & Sternberg, 18 Am. B. R. 204. 151 Fed. 507. May be reviewed, though no formal exceptions are filed v/hen such filing is not required by a rule or order of the court. In re People's Department Store Co. (D. C. N. Y.), 20 Am. B. R. 244; 159 Fed. 286. Upon review of an order or report of a referee, the judge may consider any point presented by the record whether raised or not before the referee. In re Samuel Wilde's Sons (C. C. A. 2iid Cir.), 16 Am. B. R. 386; 144 Fed. 972; 75 C. C. A. 601; aflf'g 13 Am. B. R. 217; 133 Fed. 562. Petition should " review order," not decision. In re Chambers, Calder & Co., 6 Am. B. R. 709; 98 Fed. 865. Time limit. Where no local rule prescribes. Crim V. Woodford (C. C. A. 4th Cir.), 14 Am. B. R. 303; 136 Fed. 34. In re Chambers, Calder & Co. (supra). Bacon v. Roberts (C. C. A. 3rd Cir.); 17 Am. B. R. 421; 146 Fed. 729; 77 C. C. A. 155. In re Foss, 17 Am. B. R. 439; 147 Fed. 790. In the absence of statute or rules of court a petition to review an order of a referee does not of itself operate as a supersedeas. In re Home Discount Co., 17 Am. B. R. 168; 147 Fed. 538. Does not contemplate a trial de novo. In re Home Discount Co. (supra). District Court not bound by the referee's conclusions because the witnesses testified before him. In re People's Department Store Co., 20 Am. B. R. 244; 159 Fed. 286. FORM No. 112. REFEREE'S CERTIFICATE OH REVIEW. United States District Court, for the District of In Bankruptcy. In the Mattes OF bankrupt. y No. To the Hon , District Judge : I, , the referee in bankruptcy in charge of this proceeding, do hereby certify : 178 FORMS IN BANKRUPTCY. That, in the course of such proceeding, an order, a copy of which is annexed to the petition hereinafter referred to, was made and entered on the day of , 19... That, on the day of 19. ., , in such proceeding, feeling aggrieved thereat, filed a petition for a review, which was granted. That a summary of the evidence on which such order was based is as follows : That the question presented on this review is : I hand up herewith, for the information of the Judge, the following papers: 1. The record-book of this proceeding: 2. The petition on which this certificate is granted: 3. All other papers filed with me herein which are pertinent to this review. Dated, , , ,19... Respectfully submitted. Referee in Bankruptcy. NOTES. General order XII. Knapp & Spencer Co. v. Drew (C. C. A. 8th Cir.), 20 Am. B. R. 355; 160 Fed. 413; 87 C. C. A. 365. Certificate of a referee cannot be considered a petition for review of the findings of the referee. Craddock-Terry Co. et al. v. Kaufman, 175 Fed. 303. Referee may not certify a question of his own motion. In re Reukauff, Sons & Co., Inc., (D. C. Pa.), 14 Am. B. R. 344; 135 Fed. 251. FUKAis IN ba:nkkupt(;y. 179 FORM No. 113. REFEREE'S CERTIFICATE ON DEFAULT OF WTTNES8. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. To the Hon , District Judge : I, , referee in bankruptcy, to whom was referred the above entitled matter, do hereby certify that on the .... day of , 19. ., a subpoena was duly issued by , clerk of the United States Dis- trict Court for the District of , under the seal of said court, requiring to attend before me at my office, No Street, City of , on the .... day of , 19 . . , at o'clock in the noon, to testify and give evidence herein on the part of the trustee of the estate of the above named bankrupt, (and produce at that time and place all his books, showing records of all purchases and sales made by him or under his supervision during the months of .... and in the year 19. .,) and that on the said day of , 19. ., at .... o'clock in the noon, the said trustee attended at my office, No Street, City of , with his counsel, prepared to examine the said under the said subpoena, that the said trustee produced at the time and place aforesaid the said original subpoena, with proof of the due service thereof on the said on 19. ., and that after waiting for thirty (30) minutes for the said to appear, he failed to appear and his default was thereupon duly noted on the record in this case. Dated , ,19... Referee in Bankruptcy. 180 FOKMS IN BANKKUPTCY. FORM No. 114. REFEREE'S CERTIFICATE CI.OSING PROCEEDING FOR IiACK OF PROSECUTION. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. To the Hon , District Judge : I , the referee in bankruptcy in charge of this matter, do hereby certify and report that the order of adjudication and reference in this proceeding, was made on the day of , 19... That no indemnity has been deposited herein nor any proceedings taken by the peti- tioning creditors to bring on the first meeting, though notified so to do. That after waiting months and no further proceedings being taken, I made an order dated , 19. ., requiring creditors and the bank- rupt to show cause before me on , 19. ., why this proceeding should not be dismissed, that said order having been duly served on the respective attorneys for the bankrupt, and the petitioning creditors and by mail to all creditors and no one having appeared on the return day of said order to show cause, I hereby certify that this proceeding be dismissed for lack of prosecution and I hereby return herewith to the clerk of this court all the papers filed in my office in this proceeding. Dated, , , 19. . Referee in Bankruptcy. NOTE. See amendment 1910, sec. 59-G. as to notice. FORMS IN BANKRUPTCY. 181 FORM No. 115. [Official.] APPOINTMENT, OATH, AND REPORT OF APPRAISERS. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF SanTcrnpt. y No. It is ordered that , of , , of , and , of, , three disinterested persons, be, and they are hereby, appointed appraisers to appraise the real and personal property belonging to the estate of the said bankrupt set out in the schedules now on file in this court and report their appraisal to the court, said appraisal to be made as soon as may be, and the appraisers to be duly sworn. Witness my hand this .... day of , A. D. 19 . . Referee in Bankruptcy. .... District of , ss. : Personally appeared the within-named , and , and severally made oath that they will fully and fairly ap- praise the aforesaid real and personal property according to their best skill and judgment. Subscribed and sworn to before me, this day of A. D., 19... {Official character.) We, the undersigned, having been notified that we were appointed to es- timate and appraise the real and personal property aforesaid, have attended to the duties assigned us, and after a strict examination and careful inquiry, we do estimate and appraise the same as follows : 182 FORMS IN BANKRUPTCY. Dollars. Cents. In witness whereof we hereunto set our hands, at day of , A. D. 19... this FORM No. 116. PETITION OF APPRAISERS FOR ALLOWANCE. United District Court, District of . . . In Bankruptcy. In the Matter OP Bankrupt. V No. To the District Court of the United States, For the , District of , The petition of , , and , respectfully shows: That on the day of , 1 9 . . , by order of , Esq., your petitioners were duly appointed appraisers herein. That said appraisers met at the office of , duly qualified and entered upon the performance of their duties. That the property belonging to the bankrupt estate consisted of (Here set forth property.) FORMS IN BANKRUPTCY. 183 That it was necessary for the appraisers to inventory and inspect all of said property. That the total value of said property, as found by the appraisers and em- bodied in the appraisers' report on file in this proceeding, was the sum of $ That the appraisers were engaged in making said appraisal and in prepara- tion of their report for substantial portions of days. That said ap- praisal, etc.: (Here set forth any particular facts as to difficulty, expert knowledge, etc. ) That your petitioners have received no compensation for their services as appraisers of this estate, and consider their said services to be reasonably worth the sum of $ each. That your petitioners are informed and verily believe that the trustee herein has in his hands sufficient funds to pay such allowance as may be made herein. Wherefore, your petitioners pray that such allowances may be made to them for their services as to this court may seem just and reasonable. Petitioners. (Verification.) NOTES. Appraisers. Sec. 70-b. In re Prager, 8 Am. B. R. 356. Appointment of on suggestion of creditor not necessarily void. In re Columbia Iron Works, 14 Am. B. R. 526 ; 142 Fed. 234. Appraisal — form of. In re Gordon Supply, etc., Co., 13 Am. B. R. 352; 133 Fed. 798. Fees of. In re Grimes, 2 Am. B. R. 730; 96 Fed. 529. In re Jamieson, 6 Am. B. R. 601. In re E. J. Fidler & Son (D. C. Pa.), 23 Am. B. R. 16; 172 Fed. 632. In absence of proof to contrary governs as to the value of bankrupt's property. Schuler v. Hassinger (C. C. A. 5th Cir.), 177 Fed. 119. 184 FORMS IN BANKRUPTCY. FORM No. 117. ORDER GRANTING ALLOWANCE TO APPRAISERS. United States District Court, for the District of In Bankruptcy. In the Matteb OF Bankrupt. V No. On reading and filing the petition of , and , the appraisers herein, verified , 19. ., and the trustee having received due notice of the application, it is Ordered, that , and be and they are hereby each allowed the sum of $ for their services as appraisers herein. And it is further ordered that the trustee of the estate of the above named bankrupt be and he is hereby directed to pay the said allowances out of the funds in his hands belonging to this estate. Dated , , 19. .. Referee in Bankruptcy. FORMS IN BANKRUPTCY. 185 FORM No. 118. ORDEB DECIiARING FIRST DIVIDEND AND DIVIDEND SHEET. TTnited States District Court, for the District of In Bankruptcy. In the Matteb OF Bankrupt. y No. The trustee herein having filed in the referee's office a report, dated , 19. ., showing that he has now in his hands money belonging to the bankrupt estate sufficient to pay the dividend hereinafter declared, and it appearing from said trustee's report that such dividend will not exceed fifty per cent of the money of the estate, excepting claims entitled to priority, it is, on motion of , attorney for said trustee, Ordered, that a first dividend of per cent (...%) be and the same is hereby declared on the claims duly proved and allowed herein and not entitled to priority of payment. And it is further ordered that , trustee of the estate of the above named bankrupt, be and is hereby directed to make the payments con- tained in the dividend sheet hereto annexed out of the funds in his hands belonging to the estate. Dated , ,19... ) Referee in Bankruptcy. 186 FORMS IN BANKRUPTCY. United States District Court, for the District of ., In Bankruptcy. In the Matter OF Bankrupt. ^No. DIVIDEND SHEET At the City of , in said District, on the .... day of A. D., 19... A list of debts proved and claimed under said bankruptcy with a first dividend of per cent, this day declared thereon by , Esq., referee in bankruptcy. Creditors. Claim No. Claim. Dividend. Dividend with Filing Fee. Totals Referee in Bankruptcy. NOTES. Dividends. Sees. 65-a, b. Cross references, sees. 39 a, (1), 47-a, (4), (9), 55-f, 57, 58-a, (5), (6), 66. General order XXIX. In computation for first dividend claims .scheduled, but not filed, must be Included. In re Scott, 2 Am. B. R. 824; 96 Fed. 607. See, In re Walker, 3 Am. B. R. 35; 96 Fed. 550. See, as to exceptions in some jurisdictions. In re Ileebner, 13 Am. B. R. 256; 132 Fed. 1003. FORMS IN BANKRUPTCY. 187 FORM No. 119. NOTICE OF DIVIDEND AND WARRANT. United States District Court, for the District of In Bankruptcy. In the Matter OF ^Bankrupt. Notice of Dividend. y No Notice of the declaration and time of the payment of dividend. At on the .... day of , 19. .. To the Creditors of the above named Bankrupt : Notice is hereby given, that I have this day declared a dividend out of the above estate of per cent, upon the claims proved and allowed herein. Referee in Bankruptcy. To the Creditors of the above named Bankrupt whose claims have been proved and allowed herein : I hereby inform you that you may, on application at my office, No Street, in the City of , on the .... day of , 19 . . or on any day thereafter, between the hours of , M. and , M. receive a warrant for a dividend due to you out of the above estate If you cannot personally attend, the warrant will be delivered to your order on your filling up and signing the subjoined letter. Trustee in Bankruptcy. To , Street, City of Trustee in Bankruptcy of the estate of , Bankrupt. Please deliver to , the warrajit for the dividend payable out of the said estate to me. (Signed) , Creditor. 188 FORMS IN BANKRUPTCY. FORM No. 120. NOTICE OF FINAL MEETING. United States District Court, District of . In Bankruptcy. In the Matter OF y No. bankrupt. To the Creditors of the above named Bankrupt: Notice is hereby given that the trustee in bankruptcy in this proceeding has filed his final account in the office of the undersigned referee herein, where it may be inspected by creditors, and that a final meeting of the creditors of said bankrupt will be held at the Referee's office No Street, in the City of , County of , on , , 19. ., at .... M., at which meeting the said trustee's account will be examined, and if found correct, the same will be allowed and the trustee discharged of his trust, and the amount, if any, remaining for dividends, will be determined by the referee and a final dividend declared, if there are funds applicable thereto; and any other business proper to be performed at said meeting may be transacted. Dated, , , 19. . Referee in Bankruptcy. FORMS IN BANKRUPTCY. 189 FORM No. 121. ORDER PASSING TRUSTEE'S ACCOUNT AND DECLARING DIVIDEND. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF Bankrupt. y No. The Trustee in Bankruptcy in this proceeding having duly filed his verified final account, and due notice of filing said account and of a final meeting of the creditors, to be held at the Referee's office, to pass upon said account and to fix the amounts to be allowed for debts and payments entitled to priority and to declare a dividend, having been given to the creditors, and the said meeting of creditors having been duly held, and any objections in reference to said account or to the allowance of said debts or payments entitled to priority or otherwise having been duly heard and considered, it is hereby Ordered, that the said account be passed and allowed as filed. And it is further ordered, that the debts and payments entitled to priority are hereby fixed and allowed by the Referee at the amounts stated in a certain list of debts and payments entitled to priority filed herewith, and the Trustee is hereby directed to pay to the persons named in said list, out of the balance in his hands, the amounts stated therein to be due to said persons respectively; And the balance in the hands of the Trustee, as shown by his final account as settled and allowed, being $ and the aggregate amount of said debts and payments entitled to priority being leaving, after the payment of said debts and payments entitled to priority, $ applicable to the payment of dividends ; and the aggregate amount of the claims proved and allowed in this proceeding and not entitled to priority to this date, being $ and the said amount remaining in the Trustee's hands, applicable to the payment of dividends, being per cent, of said aggregate amount of said claims proved and allowed, it is further Ordered, that a dividend of per cent, be and hereby is declared upon the said claims of creditors, and that the said Trustee be and hereby is directed to pay to the said creditors the respective amounts stated in a dividend list made out and filed with this order ; and it is further 190 FORMS IN BANKRUPTCY. Ordered, that the said Trustee take a receipt for the payments directed by this order, and return the same to the office of the Referee with all convenient speed. Dated, , ,19.. Referee in Bankruptcy. FORM No. 122. REFEREirS CERTIFICATE OF INDEMNITY. United States District Court, for the District of In Bankruptcy. In the Matter OP" Bankrupt. No, I, , Referee in Bankruptcy, to whom the above entitled pro- ceeding has been duly referred, do hereby certify that an order has been made and entered herein discharging the Trustee and cancelling his bond; that the following is an itemized statement of the sum deposited with me as indemnity herein and of the items of charges against the same and that there is no balance remaining of said sums in my hands, and that the pro- ceeding is closed. Dated, , ,19.. Referee in BanJcruptcy. FORMS IN BANKRUPTCY. 191 FORM No. 123. ORDER FIXING AI.LO\VANCE OF BANKRUPTS ATTORNEY. United States District Court, for the District of In Bankruptcy. In thb Matteb OF Bankrupt. \ No. , the attorney for the bankrupt herein, having presented his duly verified petition, praying that he be allowed a reasonable amount for services rendered by him to the bankrupt in this proceeding, and that he be repaid certain moneys expended by him, and the trustee herein having received due notice of the application and hearing thereon, now on reading and filing the petition of , verified , 19. ., and after hearing , in support of said petition, and no one appear- ing in opposition thereto, it is, on motion of , attorney for the bankrupt herein, Ordered, that the sum of dollars be and the same is hereby allowed to the said for his services as attorney for the bank- rupt herein and the further sum of dollars for his disbursements incurred for said estate and the trustee is directed to pay said sums out of the funds in his hands belonging to the estate. Dated, , , 19.. Referee. NOTES. In Southern District of Nevr York. See Rule XL. Compensation of bankrupt's attorney. — For -w^hat services compensated. In re Goldville Mfg Co., 10 Am. B. R. 552; 123 Fed. 579. In re Rosenthal, 9 Am. B. R. 626; 120 Fed. 848. In re Mayer, 4 Am. B. R. 2^8; 101 Fed. 695. In re Terrill, 4 Am. B. R. 625; 103 Fed. 781. In re Anderson, 4 Am. B. R. 640; 103 Fed. 854. In re Carolina Cooperage Co., 3 Am. B. R. 154; 96 Fed. 950. In re Payne (D. C. N. Y.), 18 Am. B. R. 192; 151 Fed. 1018. In re Hitclicock, 17 Am. B. R. 664. In re Kross, 3 Am. B. R. 187; 96 Fed. 816. Only one allowance, though members of a bankrupt firm appear by different attorneys. 192 FORMS IN BANKRUPTCY. In re Eachwege & Cohn, 8 Am. B. R. 283. In re Christiansoa (D. C. N. Dak.), 23 Am. B. R. 710; 175 Fed. 867. No allowance for services in resisting proceeding by trustee to compel bankrupt to turn over assets. In re Felson, 15 Am. B. R. 185; 139 Fed. 275. In re Stratemeyer, 14 Am. B. R. 120. Excludes services in connection with discharge. In re Brundin, 7 Am. B. R. 296; 112 Fed. 306. In re Averill, 1 N. B. N. 544. Excludes services to bankrupt on exemptions. In re Castleberry, 16 Am. B. R. 430; 143 Fed. 1018. If attorney has previously received compensation from the bankrupt for the services, no further sum should be allowed. In re O'Connell, 3 Am. B. R. 422; 98 Fed. 83. In re Smith, 5 Am. B. R. 559; 108 Fed. 39. Comp., In re Goodwin, 2 N. B. N. Rep. 445. In re Young (D. C. N. Car.), 16 Am. B. R. 106; 142 Fed. 891. Not entitled to compensation for services rendered upon questions of allowance of claims. Ohio Valley Bank Co. v. Mack et al. (C. C. A. 6th Cir.), 20 Am. B. R. 40; 163 Fed. 155; 89 C. C. A. 605; affg 20 Am. B. R. 919. On confirmation of composition bankrupt must pay his attorney for his services in the matter. In re Martin (D. C. N. Y.), 18 Am. B. R. 250; 151 Fed. 780. Allowance in discretion of the court and payments to an attorney valid only so far as subsequently approved by the court. In re Morris, 11 Am. B. R. 145; 125 Fed. 841. FORMS IN BANKRUPTCY. 193 FORM No. 124. [Official.] PETITION AND ORDER FOR REDEMPTION OF PROPERTY FROM LIEN. United States District Court, District of In Bankruptcy. In the Matter OF SaiiJcrupt. V No. Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: (Here describe the estate or property and its estimated value) is subject to a mort- gage (describe the mortgage), or to a conditional contract (describing it), or to a lien (describe the origin and nature of the lien), (or if the property be personal property, has been pledged or deposited and is subject to a lien) for (describe the nature of the lien), and that it would be for the benefit of the estate that said property should be redeemed and discharged from the lien thereon. Wherefore, he prays that he be empowered to pay out of the assets of said estate in his hands the sum of , being the amount of said lien, in order to redeem said property therefrom. Dated this day of , A. D. 19 . .. > Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now after due hearing, no adverse interest being represented thereat (or after hearing in opposition thereto), it is ordered that the said trustee be authorized to pay out of the assets of the bankrupt's estate specified in the foregoing petition the sum of , being the amount of the lien, in order to redeem the property therefrom. Witness my hand this day of , A. D. 19 . . . Referee in Bankruptcy. 194 FORMS IN BANKRUPTCY. FORM No. 125. REFEREE'S CERTIFICATE OF DISQUALIFICATION. In the District Court of the United States for the District of In Bankruptcy. In the Matter OP Bankrupt. V No. To the Honorable District Judge. I, , one of the referees in bankruptcy of this court, do hereby certify that I am disqualified to act as such in the above entitled proceeding for the following reasons : I do, therefore return all the papers transmitted to me by the Clerk. Dated, , , 19... Referee in Bankruptcy. FORMS IN BANKRUPTCY. 195 FORM No. 126. ORDER SUBSTITUTING REFEREE. United States District Court, District of . In the Matter OF Bankrupt. ^ ^^' Re Reclamation Proceedings of On reading and filing the annexed certificate, and it appearing therefrom that , the Referee, heretofore appointed in the above proceeding, is disqualified by reason of his interest from acting therein, It is ordered, that the said proceeding be referred to , Esq., Referee in Bankruptcy, to act as Referee therein in the place and stead of the said , without prejudice to any action heretofore taken therein. Dated, , , 19. . D. J. NOTES. Disqualification of referee. Bray v. Cobb, 1 Am. B. R. 153; 91 Fed. 102. In re Gardner, 4 Am. B. R. 420 and note ; 103 Fed. 922. The judge may, for the convenience of the parties or for cause, transfer a case from one referee to another within the district in which the proceeding is pending. No juris- diction to refer a case to a referee appointed and residing in another district. In re Schenectady Engineering «& Construction Co., 17 Am. B. R. 279; 147 Fed. 868. Referee not disqualified when the only interest he has in the matter submitted to him is the compensation he may receive by way of fees. In re Strobel (D. C. N. Y.). 19 Am. B. R. 109; 155 Fed. 692. 196 FOKMS IN BANKRUPTCY. FORM No. 127. PETITION FOR ORDER OF PROTECTION. In the District Court of the United States for the District of , In Bankruptcy. In the Matter OF No. Bankrupt. To , Esq., Referee in Bankruptcy: Your petitioner respectfully shows: That he was adjudicated bankrupt herein on the day of , 19. ,, and on the same day this proceeding in bankruptcy was duly referred. That your petitioner has not yet made application for his discharge herein. That your petitioner has reason to believe that he is liable to arrest upon civil process, other than in the cases specified in Section 9-a of the Bankruptcy Act of 1898. That no previous application has been made to this or any other court for the order hereinafter asked. ^Vherefore, your petitioner prays for an order of protection from arrest, as provided in said Section 9-a and General Order XII (1). Dated , , , ,19... Fetxt'xoner. (Verification.) NOTES. Rarely used. See, generany, Section nine, a. Consult also General Order Xn (1). The appli- cation generally takes the form of a petition for an injunction against further proceedings in a suit, on the theory that a body execution is a step in a suit. In re Marcus (C. C. A. 1st Cir.), 5 Am. B. R. 365; 105 Fed. 907; 45 C. C. A. 115. FORMS IN BANKRUPTCY. 197 FORM No. 128. ORDER OF PROTECTION. United States District Court, for the District of In Bankruptcy. In the Matter OF BanJcrupt. No. The above named bankrupt Imving, on the .... day of , 19. ., applied for an order of protection, and it appearing that one year has not yet elapsed since the date of his adjudication, viz., the day of , 19.., and that he has not yet been discharged herein, now on motion of , Esq., attorney for said bankrupt, it is Ordered, that all persons and officers be and they hereby are prohibited from arresting the said bankrupt on civil process, save in the cases specified in subdivisions (1) and (2) of Section 9-a of the bankruptcy law of 1898, and amendments thereto, until twelve months after the date of such adjudica- tion, or, if within that time the bankrupt applies for a discharge, then until the question of such discharge is determined. Dated , , 19. Referee in Bankruptcy. TITLE IV. PROOFS OF DEBT AND PROCEEDINGS FOR ALLOW- ANCE OF CLAIMS. FOBM No. 129. Proof of Unsecured Debt. 130. Proof of Secured Debt. 131. Proof of Debt due Corporation 132. Proof of Debt by Partnership. 133. Proof of Debt by Agent or Attorney. 134. Proof of Secured Debt by Agent or Attorney. 135. Proof of Debt by Trustee in Bankruptcy. 136. Proof of Priority Claim for Wages. 137. Affidavit of Lost Bill or Note. 138. General Letter of Attorney. 139. Acknowledgement by Partnership to Letter of Attorney. 140. Acknowledgment by Corporation to Letter of Attorney. 141. Special Letter of Attorney. 142. Objections to Proof of Debt. 143. Petition that Proof of Debt be Reconsidered. 144. Notice to Claimant thereon. 145. Order to Show Cause why Claim should not be Reconsidered and Expunged. (As substitute for No. 144.) 146. Order reducing or expunging Proof of Debt. 147. Order allowing Claim. 148. Petition to pay Priority Claims and Schedules. 149. Order directing Payment of Priority Claims. 150. Petition to review Order rejecting Claim. 151. Petition that all Claims to Securities, etc., be presented and re- ferred. 152. Order to show Cause thereon. 153. " Omnibus " Order referring Claims to Securities, etc., to Special Master for Determination. 198 FOKMS IN BANKRUPTCY. 199 FORM No. 129. [Official] PROOF OF UNSECURED DEBT. In the District Court of the United States, for the District of In the Matter OF JBankrupt. At , in said district of , on the day of , A. D., 19 . . , came of . . . , in the County of , in said District of , and made oath, and says that tlie person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent in the sum of dollars ; that the consideration of said debt is as follows: that no part of said debt has been paid (except ; ); that tliere are no set-offs or counterclaims to the same (except ) and that deponent has not, nor has any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever ; * that said debt is one existing in open account and due on the day of , 19. . ., and no note has been received for such account, nor any judgment rendered thereon. Creditor. Subscribed and sworn to before me this day of A. D. 19... (Official character.) * See General orders, XXI, 1 200 FORMS IX BANKRUPTCY. NOTES. Proof and allowance of claims. Act sec. 57-a, b, c, d, m, n. General Orders XX. XXI., 1. Practice. In re Sumner, 4 Am. B. R. 123 ; 101 Fed. 224. In re Dunn Hardware & Furniture Co. , 13 Am. B. R. 147 ; 132 Fed. 719. Proofs of debt must show at least (1) the claim (2) the consideration therefor (3) security held therefor, (4) payments thereon, (5) that sum claimed is justly due and owing. Statement of Consideration. In re Stevens, 5 Am. B. R. 806; 107 Fed. 243. In re Creasinger, 17 Am. B. R. 538; 145 Fed. 224. " For legal services," InsuflBcient. In re Scott. 1 Am. B. 553; 93 Fed. 418. A statement that claim is for " goods, wares and merchandise " is insufficient. In re Blue Ridge Packing Co., 11 Am. B. R. 36 ; 125 Fed. 619. In re Morris, 18 Am. B. R. 828; 154 Fed. 211. In re Brett. 12 Am. B. 492; 130 Fed. 981. In re Coventry Evans Furniture Co., 22 Am. B. R. 272. Failure to file written instrument with proof of claim under Sec. 57b raises no pre- sumption against its existence. In re Dresser (C. C. A. 2nd Cir.), 13 Am. B. R. 747; 135 Fed. 495; afE'd 200 U. S. 532. What may be considered as a claim. In re Faulkner (C. C. A. 8th Cir.), 20 Am. B. R. 542; 161 Fed. 900. Not a pleading, but a deposition. Should state the origin and character of the debt and the items thereof. In re Creasinger, {supra). Proof of debt prima facie evidence of the indebtedness. In re Dresser, {supra). Oath and acknowledgment thereof. Proof made under power of attorney, acknowledged before a foreign consul is sufficient In re Sugenheimer (D. C. N. Y.), 1 Am. B. R. 425; 91 Fed. 744. Claim sworn to before claimants attorney of record as notary proper. In re Kimball, 4 Am. B. R. 144; 100 Fed. 777. When taken before notary of another state no further proof of authority required than signature and seal. In re Pancoast, 12 Am. B. R. 275; 129 Fed. 643. Undisclosed credits, erasure of word "except" after "no part of said debt has been paid." In re Girvin (D. C. N. Y.), 20 Am. B. R. 490; 160 Fed. 197. Assigned claims. How proven. In re Finlay Bros., 3 Am. B. R. 738; 104 Fed. 675. Such facts should be shown as will estop the assignor from making the same claim. In re Miner, 8 Am. B. R. 248; 114 Fed. 998; 9 Am. B. R. 100; 117 Fed. 953. An adjudication in involuntary bankruptcy is not res adjudicata as to the validity or amount of a petitioning creditor's claim. In re Continental Corporation, 14 Am. B. R. 538. See Ayres v. Cone et al. (C. C. A. 8th Cir.), 14 Am. B. R. 739; 138 Fed. 778; 71 C. C A. 144. A creditor by filing a claim in bankruptcy acquiesces in the adjudication. In re N. Y. Tunnel Co. (C. C. A. 2nd Cir.),21Am. B. R.531; 166 Fed. 284; 92 C. C. A 203. FORMS IN BANKRUPTCY. 201 Filing of Proof. Where a trustee to whom a proof of claim has been delivered, does not deliver such proof of claim to the referee, creditor cannot be charged with failure to file proof and it is a sufficient filing of the proof, J. B. Orcutt Co. V. Green (U. S. Sup), 17 Am. B. R. 72; 204 U. S. 96; 51 L. Ed. 390; rev'g In re Ingalls Bros. (C. C. A. 2nd Cir.), 13 Am. 3. R. 512; 137 Fed. 517; 70 C. C. A. 101. Judgment creditor must file in order to share in estate. In re Rosenbiirg, 16 Am. B. R. 465; 144 Fed. 442. In re McBryde, 3 Am. B. R. 729; 99 Fed. 686. "Waiver by filing claim. Lynch v. Bronson, 20 Am. B. R. 409; 160 Fed. 139; In re Kenyon, 19 Am. B. R. 194; 156 Fed. 863. AVhen right to bring action not waived by filing proof of claim. Frey v. Torrey (N. Y. App. Div.), 8 Am. B. R. 196; 70 N. Y. App. Div. 166; aff'g 6 Am. B. R. 448. In re Lewensohn (D. C. N. Y.), 3 Am. B. R. 594; 99 Fed. 73. Creditor entitled to interest. In re John Osborn's Sons & Co. (C. C. A. 2nd Cir.), 24 Am. B. R. 65; 177 Fed. 184. Time limit for proving claims. Sec. 57-n. No statutory right to file after one year. Applies only to claims sought to be asserted in the bankruptcy proceedings. Norfolk it West R. Co. v. Graham (C. C. A. 4th Cir.), 16 Am. B. R. 610; 145 Fed. 809; 76 C. C. A. 38.5. Judgment. In re Rosenberg (supra). In re Leibowitz, 6 Am. B. R. 268; 108 Fed. 617. Attaching creditor. In re Baird & Co., 18 Am. B. R. 228; 154 Fed. 215. Not binding on the United States. In re Stoever, 11 Am. B. R. 345; 127 Fed. 394. Failure to file through accident or mistake no excuse. In re Sanderson, 20 Am. B. R. 396 ; 160 Fed. 278. In re Peck, 20 Am. B. R. 629; 161 Fed. 762. In re Pettingill & Co. (D. C. Mass.), 14 Am. B. R. 763. See, In re Fagan, 15 Am. B. R. 520; 140 Fed. 758. A creditor who has not received any notice of the proceeding and has no actual knowledge thereof, may not prove his claim after year has expired. In re Muskoka Lumber Co. (D. C. N. Y.), 11 Am. B. R. 761; 127 Fed. 886. When not allowed as "liquidated by litigation." In re Prindle Pump Co. (D. C. N. Y.). 10 Am. B. R. 405. In re Kemper, 15 Am. B. R. 675; 142 Fed. 210. (See notes following Form No. 147.) When order of adjudication is appealed from and appeal is subsequently dismissed. In re Lee (D. C. Pa.), 171 Fed. 266. Deficiency on foreclosure may not be proved after expiration of year. The debt should have been proved as a secured debt. In re Sampter (C. C. A. 2nd Cir.), 22 Am. B. R. 357; 170 Fed. 938, Amendments of proof. In re Stevens, 5 Am. B. R. 806 ; 107 Fed. 243. May be amended by itemizing though year has expired. In re Creasinger, 17 Am. B. R. 538; 145 Fed. 224. Hutchinson v. Otis (U. S. Sup.), 10 Am. B. R. 135; 190 U. S. 552; aff'g s. c. 8 Am. B. R. 382; 115 Fed. 937. When assignment of unfiled claim is filed within the year, the claim may be amended after the year. 202 FORMS IN BANKRUPTCY. Bennett v. American Credit Indemnity Co. (C. C. A. 6th Cir.), 20 Am. B.R. 258; 159 Fed. 6S4; 86 C. C. A. 614. Changing character of claim by amendment not usually allowed. In re Miner's Brewing Co., 20 Am. B. R. 717; 162 Fed. 327. In re McCallum & McCallum (D. C. Pa.), 11 Am. B. R. 447; 127 Fed. 768. When allowed. In re Roeber (C. C. A. 2nd Cir.), 11 Am. B. R. 464; 127 Fed. 122; 62 C. C. A. 122. In re Robinson, 14 Am. B. R. 626; 136 Fed. 994. In re Myers & Charni, 3 Am. B. R. 760; 99 Fed. 601. In re Home & Co., 23 Am. B. R. 590. Sec. 57 n forbidding proof of claims subsequent to one year after adjudication cannot be taken to exclude amendments. Hutchinson v. Otis-Wilcox & Co. (U. S. Sup.), 10 Am. B. R. 135; 190 U. S. 552; aff'g 8 Am. B. R. 382; 115 Fed. 937. In re Mowery. 22 Am. B. R. 239. In re Crenshaw, 19 Am. B. R. 502; 156 Fed. 638. Edelstein v. U. S. (C. C. A. 8th Cir.), 17 Am. B. R. 649; 159 Fed. 636; 79 C. C. A. 328. See, notes on Forms No. 142, 143, 147, 149 and 153. FORM No. 130. PROOF OF SECURED DEBT. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF > No. bankrupt. At , in said District of , on the day of A. D. 19 . . , came of , in the County of , State of in said District of and made oath, and says that the said the person by (or against) whom a petition for adjudication of bankruptcy has FORMS IN BANKRUPTCY. 203 been filed, at and before the filing of said petition, and still justly and truly indebted to said deponent in the sum of dollars : that the said debt exists upon of which a is hereto annexed ; that the consideration of said debt is as follows: that the said debt due on the average due date being 19 . . ; and that no note has been received for the said debt nor any judgment rendered thereon except as aforesaid; that no part of said debt has been paid except that there are no set-offs or counterclaims to the same except 3 that the only securities held by this deponent for said debt are the following; Subscribed and sworn to before me this day of A. D. 19... Creditor. (Official character.) NOTES. Claims of secured creditors. Sections 57-(a), (e), construed. In re Cramond, 17 Am. B. R. 22; 145 Fed. 566. la re Hines, 16 Am. B. R. 495 ; 144 Fed. 142. Gorman v. Wright (C. C. A. 4tli Cir.), 14 Am. B. R. 135; 136 Fed. 164; 69 C. C. A. 76. In re Kessler & Co., 22 Am. B. R. 606. Holder of a mortgage upon a homestead a " secured creditor." Fenlcy v. Poor (C. C. A. 6th Cir.), 10 Am. B. R. 377; 121 Fed. 739; 58 C. C. A. 21. Cannot prove both debt and collateral therefor. 1st Nat. Bank of Beaumont v. Eason (C. C. A. 5th Cir.), 17 Am. B. R. 593; 149 Fed. 204; 79 C. C. A. 162. In re Waterloo Organ Co., 20 Am. B. R. 110; 154 Fed. 657; 83 C. C. A. 481. Secured by accommodation iudorser. In re Noyes Bros. (C. C. A. 1st Cir.), 11 Am. B. R. 506; 127 Fed. 286; 62 C. C. A. 218. Priority over wage earner. In re Proudfoot, 23 Am. B. R. 106. Waiver of lien. Dunn Salmon Co. v. Fillmore, 19 Am. B, R. 172; 56 N. Y. Misc. 546. Vote of secured creditor. In re Columbia Iron Works, 14 Am. B. R. 526; 142 Fed. 242. 204 FORMS IN BANKRUPTCY. Secured claim allowed only for balance after deducting value of security. In Pennsylvania a mortgagee after foreclosure may not prove claim on the bond. In re Davis (C. C. A. 3rd Cir.), 23 Am. B. R. 446; aff'g s. c. 23 Am. B. R. 156. Referee has power to determine validity of secured claim before sale of encumbered property. In re Quinn (C. C. A. 8th Cir.), 165 Fed. 144; 91 C. C. A. 178. Creditor has a right in absence of instructions to the contrary to credit paymentsonan unsecured rather than on a secured debt. In re Johnson, 11 Am. B. R. 138; 125 Fed. 838. Creditor holding a note containing waiver of exemptions a secured creditor. In re Meredith (D. C. Ga.), 16 Am. B. R. 331; 144 Fed. 230. Application of security. Hiscock V. Varick Bunk, 18 Am. B. R. 1 ; 206 U. S. 28 ; aflf'g in re Mertens. 15 Am. B. R. 362; 144 Fed. 818. When mortgage creditor has proved his claim solely for the purpose of enforcing his lien against the proceeds of sale of the mortgaged property sold by the trustee, he does not become liable for proportionate sliare of the costs of the general administration of the estate. Mills v. Virginia-Carolina Lumber Co. (C. C. A. 4th Cir.), 20 Am. B. R. 750; 164 Fed, 168; 90 C. C. A. 154. FORM No. 131. [Official] PROOF OF DEBT DUE CORPORATION. In the District Court of the United States, for the District of In Bankruptcy. In the Matteb OF Bankrupt. No. At , in said district of , on the A. D., 19. ., came , of , in the County of , and State of , and made oath and says that he is , of the , a corporation incorporated by and under the laws of the State of , and carrying on business at , in the County of and State of , and that he is duly authorized to make FORMS IN BANKRUPTCY. 205 this proof, and says that the said , the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is justly and truly indebted to said corporation in the sum of dollars ; that the consideration of said debt is as follows : ; that no part of said debt has been paid (except ) ; that there are no set-offs or counter-claims to the same except and that said corporation has not, nor has any person by its order, or to the knowledge or belief of said deponent, for its use, had or received any manner of security for said debt whatever; that said debt is one existing in open account and due on the day of , 19.., and no note has been received for such account, nor any judgment rendered thereon. of said corporation. Subscribed and sworn to before me this day of A. D., 19. {Official cJiaracier.) NOTES. Proof by corporation should be made by treasurer. May be made through its agent or attorney when sufficient reason is shown why it is not made by treasurer, or if it has none, by the officer whose duties most nearly correspond to those of treasurer as provided by General Order No. XXI. In re Reboulin Fils & Co., 19 Am. B. R. 215. What not sufficient reason for such proof in case of foreign corporation, s. C. When proof is not made by the treasurer insert the following clause: "That the reason this proof is not made by the treasurer is that etc. [stating reason], and that deponent is an officer of such corporation whose duties most nearly correspond to those of treasurer." 206 FORMS IN BANKRUPTCY. FORM No. 132. [Official] PROOF OF DEBT BY PARTNERSHIP. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF JBankrupt. No. At , in said district of , on the day of , A. D. 19 , came , of , in the County of , in said district of and made oath and says that he is one of the firm of consisting of himself and , of , in the County of and State of that the said the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to this deponent's said firm in the sum of dollars ; that the consideration of said debt is as follows : (except that there are no set-offs or counter-claims to the same (except that no part of said debt has been paid '.'..'. .); ) ; and this deponent has not, nor has his said firm, nor has any person by their order, or to this deponent's knowledge or FORMS IN BANKRUPTCY. 207 belief, for their use, had or received any manner of security for said debt what ever.* That no note has been received for any part of said debt nor any Judg- ment rendered thereon. Subscribed and sworn to before me this day of A. D. 1 * See Gen'l orders XXI, I. Creditor. {Official character.) FORM No. 133. [Official.] PROOF OF DEBT BY AGENT OR ATTORNEY. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. At , in said district of ? . > on the day of , A. D. 19 ... , came , of in the County of , and State of , Attorney (or authorized Agent) of , of in the County of , and State of , and made oath and says that , the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is justly and truly indebted to said in the sum of dollars ; that the consideration of said debt is as follows : ; that no part of said debt has been paid 208 FORMS IN BANKRUPTCY. (except ) ; and that this deponent has not, nor has any person by his order, or to this deponent's knowledge or belief, for his use had or received any manner of security for said debt whatever. And this deponent further says, that this deposition can not be made by the claimant in person because and that he is duly authorized by his principal to make this affidavit, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated, and that such debt, to the best of his knowledge and belief, still remains unpaid and unsatisfied ;* no note has been received for any part of said debt nor any judgment rendered thereon. 'Subscribed and sworn to before me this day of A. D. 19... {Official character.) * See General Order, XZI, I. FORM No. 134. [Official.'] PROOF OF SECURED DEBT BY AGENT OR ATTORNEY. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. y No. At , in said district of , on the day of , A. D. 19 . . , came of , in the County of , and State of , attorney FORMS IN BANKRUPTCY. 209 (or authorized agent) of , in the County of , and State of , and made oath, and says that , the person by (or against) whom a petition for adjudication of bankruptcy has been filed was, at and before the filing of said petition, and still is, justly and truly indebted to the said in the sum of dollars ; that the consideration of said debt is as follows : } that no part of said debt has been paid (except ; ); that there are no set-offs or counter-claims to the same (except ); and that the only securities held by said for said debt are the following : y and this deponent further says that this deposition cannot be made by the claimant in person because and that he is duly authorized by his principal to make this deposition, and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated. That no note has been received for any part of said debt, nor any judg- ment rendered thereon Subscribed and sworn to before me, this day of , A. D. 19... {Official character.) ; that a statement of the said account is hereto annexed ; that no part of said debt has been paid; that there are no set-offs or counter-claims to the same; FORMS IN BANKRUPTCY. 211 that deponent has not, nor has any pert^on by his order or to his knowledge or belief, for his use, had or received any manner of security for said debt what- ever; that no note has been received for the said debt, nor has any judgment been rendered thereon. Subscribed and sworn to before me this day of 19... (Official character.) FORM No. 136. PROOF OF PRIORITY CLAIM FOR WAGES. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF V No. bankrupt. At , in said district of , on the day of , A. D. 19 . ., came of , in the County of , in said District of , and made oath, and says that the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent in the sum of dollars ; that the consideration of said debt is as follows: wages as a of said bankrupt earned from the day of 19 . . , to the day of , 19. ., and within three months prior to filing of the petition herein and for which deponent claims priority of payment under Sec. 64 b (4) of the Bankruptcy Act. That no part of said debt has been paid (except ); 212 FORMS IN BANKRUPTCY. that there are no set-oflfs or counter-claims to the same (except ) and that deponent has not, nor has any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever ;* that said debt is one existing in open account and due on the day of , 19 . . . and no note has been received for such account, nor any judgment rendered thereon. • • Creditor. Subscribed and sworn to before me this day of A. D. 19... {Official character.) * See Gen'l orders XXI, 1. FORM No. 137. [Official] AFFIDAVIT OF LOST BILL, OR NOTE. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF bankrupt. y No. On this day of , A. D. 19. ., at , came , of , in the County of , and State of , and makes oath and says that the bill of exchange [or note], the particulars whereof are underwritten has been lost under the following circumstances, to wit, and that he, this deponent, has not been able to find the same; and this deponent further says that he has not, nor has the said , or any person or persons to their use, to this deponent's knowledge or belief. FORMS IN BANKRUPTCY. 213 negotiated the said bill [or note], nor in any manner parted with or assigned the legal or beneficial interest therein, or any part thereof; and that he, this deponent, is the person now legally and beneficially interested in the same. Bill or note above referred to. Date. Drawer or maker. Acceptor. Sum. Subscribed and sworn to before me, this day of A. D. 19... {Official character.) FORM No. 138. [Official] GENERAIi LETTER OF ATTORNEY IX FACT. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF bankrupt. y No. To of in the County of and State of do hereby authorize you, or any one of you, to attend the meeting or meetings of creditors of the bankrupt aforesaid, at a court of bank- ruptcy, wherever advertised or directed to be holden, on the day at the 2U FORMS IN BANKRUPTCY. hour appointed and notified by said court in said matter, or at such other place and time as may be appointed by the Court for holding such meeting or meetings, or at which such meeting or meetings, or any adjournment or ad- journments thereof may be held, and then and there from time to time, and so often as there may be occasion, for and in name to vott? for or against any proposal or resolution that may be then submitted under the Acts of Congress relating to bankruptcy; and in the choice of trustee or trustees of the estate of said bankrupt , and for to assent to such appointment of trustee; and with like powers to attend and vote at any other meeting or meetings of creditors or sitting or sittings of the court, which may be held therein for any of the purposes aforesaid ; also to accept any composition proposed by said bankrupt in satisfac- tion of debts, and to receive payment of dividends, and of money due under any composition, and for any other purpose in interest whatever, with full power of substitu- tion. In witness whereof have hereunto signed name and affixed seal the day of A. D. 19 . . . Signed, sealed and delivered in presence of * Acknowledged before me this day of A. D. 19 , {Official character.) * See General Orders, XXI, 5. FORAIS IN BANKRUPTCY. 215 FORM No. 139. acknoavledgment to letter of attorney by member of partnership. State of Count}^ of On the day of , 19. ., before me personally came to me known and known to me to be a member of the firm of , and duly acknowledged that he executed the above instrument, and who being by me duly sworn, did depose and say that he is a member of said partnership and is duly authorized to execute same on behalf of his said firm. Sworn to before me this day of ,19... {Official character.) FORM No. 140. ACKNO"WLEDGMENT TO LETTER OF ATTORNEY BY CORPORATION. State of County of On the day of , in the year 19. ., before me personally came to me known, who being by me duly sworn, did depose and say that he resided in ; that he is the of the the corporation described in and which executed the above instrument ; that he knew the seal of said corporation ; that the seal affixed to said instrument was such corporate seal ; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. {Official character.) 216 FORMS IN BANKRUPTCY. FORM No. 141. [Official] SPECIAIi LETTER OF ATTORNEY IN FACT. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OP JBankrupt. y No. To of in the County of and State of do hereby authorize you, or any one of you, to attend the meeting of creditors in this matter, advertised or directed to be holden at on the day of , 19 . . , before or any adjournment thereof, and then and there for and in name to vote for or against any proposal or resolution that may be lawfully made or passed at such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of said bankrupt. In witness whereof have hereunto signed name and affixed seal the day of A. D. 19. .. , Signed, sealed and delivered in presence of * Acknowledged before me this day of A. D. 1 (Official character.) * See General Orders XXI. 5. FORMS IN BANKRUPTCY. 217 NOTES. Letter of Attorney. Requirement of General Order XXI (5) as to oath in partnership cases. In re Blue Ridge Packing Co. (D. C. Pa.), 11 Am. B. R. 36; 125 Fed. 619. In re Fiulay (D. C. N. Y.), 3 Am. B. R. 738; 104 Fed. 675. Attorney at law may not vote on claim unless authorized by duly executed power of attorney for that purpose. No presumption of authority. In re Scully, 5 Am. B. R. 716; 108 Fed. 372. In re Blankfein, 3 Am. B. R. 165; 97 Fed. 191. When attorney disqualified from voting under power of attorney. In re Columbia Iron Works, 14 Am. B. R. 536; 143 Fed. 234. FORM No. 142. OBJECTIONS TO PROOF OF DEBT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. To Esq., Referee in Bankruptcy. I, Trustee in this proceeding, do hereby object to the proof of debt filed on 19 , . , by an alleged creditor for $ That said objection is made on the following grounds : [Here set forth objections.] I respectfully request that said proof of debt be rejected and disallowed and no dividend declared upon same. Dated, 19... Trxistee. [Verification, if required or desired.] 218 FORMS IN BANKRUPTCY. NOTES. Should be heard promptly. Whitney v. Dresser, (U. S. Sup.), 15 Am. B. R. 326; 200 U. S. 532; 50 L. Ed. 584; aff'g 13 Am. B. R. 74. Mere filing of objections should not exclude bona fide claimants from voting. In re Kelly Dry Goods Co , 4 Am. B. R. 528; 102 Fed. 747. An unsecured creditor may object to proof of another creditor. In re Hatem, 20 Am. B. R. 470; 161 Fed. 895. Ayres v. Cone (C. C. A. 8th Cir.), 14 Am. B. R. 739; 138 Fed. 778; 71 C. C. A. 144. See, In re Lewensohn (C. C. A. 2nd Cir.), 9 Am. B. R. 369; 121 Fed. 538; 57 C. C. A. 600. In re Arnold and Co., 13 Am. B. R. 320; 133 Fed. 789. Form of objections. In re Royce Dry Goods Co.. 13 Am. B. R. 257; 133 Fed. 100. In re Linton, 7 Am. B. R. 676. While they should be specific, need not be under oath. In re Wooten (D. C. N. Car.), 9 Am. B. R. 247; 118 Fed. 670. Written objections not necessary. Embry v. Bennett (C. C. A. 6th Cir.), 20 Am. B. R. 651. In re Cannon (D. C. Pa.), 14 Am. B. R. 114; 133 Fed. 837. See, In re Shaw, 6 Am. B. R. 499; 109 Fed. 780. Any creditor may plead statute of limitations against allowance of claim. In re Lafferty & Bro. 10 Am. B. R. 290; 122 Fed. 558. Duty of trustee to so plead. In re Wooten, 9 Am. B. R. 247; 118 Fed. 670. Allowance of claims. Claims of relatives rigidly scrutinized. Ohio Valley Bank Co. v. Mack (C. C. A. 6th Cir.), 20 Am. B. R. 40; 163 Fed. 155; 89 C. C. A. 605 ; aff'g, 20 Am. B. R. 919. In re Rider (D. C. N. Y.), 3 Am. B. R. 192; 96 Fed. 811. In re Wooten, 9 Am. B. R. 247; 118 Fed. 670. In re Brewster (D. C. K Y.), 7 Am. B. R. 486. When claim of wife dissallowed. In re Gervin, 20 Am. B. R. 490; 160 Fed. 197. In re Kaufmann (N. Y.), 5 Am. B. R. 104. In re Tucker (D. C. Mass.), 17 Am. B. R. 247; 148 Fed. 928. In re Winkels (D. C. Wis.), 12 Am. B. R. 696; 132 Fed. 590. But allowed in Pennsylvania. In re Domenig (D. C), 11 Am. B. R. 552; 128 Fed. 146. Loan from separate estate. Jamea v. Gray (Mass.). (C. C. A. 1st Cir.), 12 Am. B. R. 573; 131 Fed. 401; 65 C. C. A. 385. Burden of proof. — Upon objector. In re Doty (D. C. N. Y.), 5 Am. B. R. 58. In re Castle Braid Co. (D. C. N. Y.). 17 Am. B. R. 143; 145 Fed. 224. In re Carter, 15 Am. B. R. 126; 138 Fed. 846. In re Sumner, 4 Am. B. R. 123; 101 Fed. 224. In re Pfaffinger. 18 Am. B. R. 807; 154 Fed. 528. Sworn proof is prima facie evidence of its allegations, even when it is denied. Whitney v. Dresser (U. S. Sup.). 15 Am. B. R. 326; 200 U. S. 532; 50 L. Ed. 584 aff'g 13 Am. B. R. 747; In re T. A. Mclntyre & Co. (C. C. A. 2nd Cir.), 24 Am. B. B. 1. When objections to allowance of claim res adjudieata Ayres v. Cone et al. (nupra). [See Notes, Forms No. 129, 143, 147, 149 and 153.] FORMS IN BANKRUPTCY. 219 FORM No. 143. PETITION THAT PROOF OF DEBT BE RECONSIDEBED. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt y No. To Esq., Referee in Bankruptcy : Your petitioner respectfully shows: That he is the trustee herein, duly qualified and acting. That a proof of debt of of claiming to be a creditor of the said , was filed herein on the day of 19 . . , and on the day of 19 . ., duly allowed. That tlie same should not have been allowed for the following reasons: That the attorney for said claimant is Esq., of That no previous application has been made for the order asked for herein. Wherefore, your petitioner prays that the said proof of debt be reconsidered, rejected and expunged (or reduced.) Petitioner. (Verification.) NOTES. General Order XXI. 6 SufBciency of petition to re-examine. Need not allege facts sufficient to defeat claim. Only necessary to allege facts which, if true, are sufficient cause of reconsidpration. In re Watkinson & Co., 12 Am. B. R. 370; 1.30 Fed. 218. In re Ankeny, 4 Am. B. R. 72; 100 Fed. 614; 2 N. B. N. Rep. 249. Notice should be sent by referee to claimant. In re Stoever, 5 Am. B. R. 250; lO.") Fed. S.'iS. 220 FORMS IN BANKRUPTCY. Burden of proof. On petitioner. In re Doty, 5 Am. B. R. 58. Effect of failure of claimant to file answer. In re Lewis, Eck & Co. (D. C. Pa.), 18 Am. B. R. 657; 153 Fed. 495. Trustee only one authorized to institute proceedings. In re Sully & Co. (D. C. N. Y.), 15 Am. B. R. 304; 142 Fed. 895; modfd 18 Am. B. R. 124 ; 152 Fed. 619. In re Lewensohn (C. C. A. 2nd Cir.), 9 Am. B. R. 368; 121 Fed. 538; 57 C. C. A. 600. Trustee may institute a joint proceeding against several creditors. In re Lyon, 7 Am. B. R. 61. Wben denied for laches and want of good faith. In re Sully & Co. {supra). In re Hamilton Furniture Co., 8 Am. B. R. 588; 116 Fed. 115. Trustee only one authorized to appeal from order allowing claim. Chatfield et al. v. O'Dwyer et al. (C. C. A. 8th Cir.), 4 Am. B. R. 318; 101 Fed. 797; 42 C. C. A. 30. Trustee may be compelled to take action to reconsider claim or to permit objecting creditors to act in his name. In, re Stern (C. C. A. 8th Cir.), 16 Am. B. R. 510; 144 Fed. 956; 76 C. C. A. 10. In re Lewensohn (supra). In re Levy, 7 Am. B. R. 56. Right of creditor to expunge not higher than that of the bankrupt. In re E. J. Arnold & Co., 13 Am. B. R. 320; 133 Fed. 789. Where there is no trustee, bankrupt may move to reconsider. In re Ankeny, 4 Am. B. R. 72; 100 Fed. 614; 2 N. B. N. Rep. 249. Defense of usury available to trustee. In re Stern (C. C. A. 8th Cir.), 16 Am. B. R. 510; 144 Fed. 956; 76 C. C. A. 10. In re Kellogg (C. C. A. 2nd Cir.), 10 Am. B. R. 7 ; 121 Fed. 332; 57 C. C. A. 547; aff'g 113 Fed. 120. See, Gray v. Grand Forks Mercantile Co. (C. C. A. 8th Cir.), 14 Am. B. R. 780; 138 Fed. 344; 70 C. C. A. 634. No collateral attack on claim upon creditors' petition to remove trustee. In re Roanoke Furnace Co. (D. C. Pa.), 18 Am. B. R. 661 ; 152 Fed. 846. Where an order of referee sustains objection to claim upon prima facie case of claimant and the district court reverses order and "allows claim as filed," the latter order is erroneous in that the matter should be sent back to referee to allow trustee to offer testi- mony in opposition to claim. In re John H. Livingston Co. (C. C. A. 2nd Cir.), 16 Am. B. R. 385; 144 Fed. 971; 75 C. C. A. 282. LSee Notes on Forms No. 129, 142, 147, 149 and 153.] FOKMS IK BA:NKRUPTCY. 221 FORM No. 144. NOTICE TO CLAIMANT THEBEON. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. > No. To and , Esq., his attorney : You will please take notice that the Trustee herein, has filed a petition duly verified asking that your claim against the above named bankrupt, he reconsidered, rejected and expunged (or reduced) for the following reasons : and that a hearing will be had on such petition at my office, No. Street in the city of in said District on the day of 19 . . , at .... o'clock . . M. Dated, 19... Referee in Bankruptcy. 222 FORMS IN BANKRUPTCY. FORM No. 145. ORDER TO SHOW CAUSE, SOMETIMES USED IN PLACE OF NO. 144. United States District Court, for the District of In Bankruptcy. In the Matter OF Banhrupt. On reading the petition of the trustee of the estate of the above named bankrupt, verified the day of 19. ., hereto annexed, and on motion of Esq., attorney for the said Trustee, it is Ordered, that an alleged creditor of the estate of the above named bankrupt, show cause before me at my office No Street city of on the day of 19 . . , at o'clock .... M. why the proof of claim heretofore filed by said alleged creditor in my office, be not reconsidered, rejected and expunged (or reduced) for the reasons stated in said petition as follows : And it is further ordered, that service of the said petition and of this order (personally or by mailing copies of the same to the said alleged creditor), on or before the day of 19. ., shall be sufficient. Dated, ,19... Referee in Bankruptcy. FORMS IN BANKRUPTCY. 223 FORM No. 146. ORDER EXPUNGING OR REDUCING PROOF OF DEBT. United States District Court, for the District of In Bankruptcy. In the Matteb OF bankrupt. V No. The trustee of the estate of the above named bankrupt having filed in the office of the referee a duly verified petition praying that the proof of debt heretofore filed herein by an alleged creditor for $ be reconsidered, rejected and expunged (or reduced), and an order having been made herein that a hearing be had thereon on the day of 19. ., and due notice of said hearing having been given to said claimant, and to the said trustee, and the said claimant having appeared by counsel on said day, and the evidence submitted (or testimony having been taken thereon), now on reading and filing the trustee's said petition and after hearing Esq., attorney for the said trustee, in support of said petition and Esq., in opposi- tion thereto, it is Ordered, that the prayer of said petition be and the same is hereby granted, and it is further Ordered, that said claim of be and it is hereby rejected disallowed and expunged from the list of claims upon the record in this case. (or that said claim of be and it hereby is reduced to $ and allowed at said amount upon the list of claims herein. ) Dated, ,19... Referee in Bankruptcy. 224 FORMS IN BANKRUPTCY. FORM No. 147. ORDER AIXOWING CLAIM. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. having filed in the office of the Referee a proof of claim against the estate of the above named bankrupt in the sum of $ , and the said claim having been objected to by (the Trustee or certain creditors) and the objections having come on for a hearing before me, and testimony having been offered in behalf of in support of the said claim, and by (the Trustee or certain objecting creditors) in opposition thereto, and due deliberation having been had, and after hearing Esq. attorney for the said claimant, in support of the said claim, and Esq., attorney for (Trustee or objecting creditors), in opposi- tion thereto, it is Ordered, that the said claim be and the same is hereby allovsred in the sum of $ and the objections thereto dismissed. Dated, ,19... Referee in Bankruptcy. NOTES. Provable claims. Provability depends upon status at time petition is filed. In re Pettingill. 14 Am. B. R. 738 ; 137 Fed. 840. In re Reading Hosiery Co. (D. C. Pa.), 171 Fed. 195. In re Burka. 5 Am. B. R. 12; 107 Fed. 674. In re Adams. 12 Am. B. R. 368; 130 Fed. 881. In re Bevins et al. (C. C. A. 2nd Cir.), 21 Am. B. R. 344; 165 Fed. 676; 91 C. C A. 302 Judgment in conversion a provable claim. In re Hale, 20 Am. B. R. 633. In re Smith, 146 Fed. 923. Crawford v. Burke, 12 Am. B. R. 659: 195 U. S 176; 49 L. Ed. 147; r'v'g 11 Am. B. R. 15; 201 111. 581; In re Nefif (C. C. A. 6th Cir.), 19 Am. B. R. 231; 157 Fed. 57; 84 C. C. A. 561. FORMS IN BANKRUPTCY. 2:^5 Judgment for breach of promise to marry provable. In re Fife, 6 Am. B. R. 258 ; 109 Fed. 880. In re McCauley, 4 Am. B. R. 122; 101 Fed. 223. Right of mortgagee to prove claim. In re Beaver Knitting Mills (C. C. A. 2nd Cir.), 18 Am. B. R. 528; 154 Fed. 320; 83 C. C. A. 240. Creditor avIio holds voidable preference. Stevens v. Nave McCord Mercantile Co. (C. C. A. 8th Cir.), 17 Am. B. R. 609; 150 Fed. 71; 80 C. C. A. 25. Note given upon previous composition provable. In re C. H. Bennett Shoe Co., 20 Am. B. R. 704. " Fixed liability." Phenix Nat. Bank v. Waterbury, and ano. (N. Y. Ct. of App. ), 23 Am. B. R. 250; aff'g 20 Am. B. R. 140. Contingent claims. In re Dunlap Carpet Co., 20 Am. B. R. 882. In re Smith, 17 Am. B. R. 112; 146 Fed. 912. A charge for the preparation of a general assignment for creditors, made within the four months period may be proved as an unsecured claim. Randolph v. Scruggs, Trustee (U. S. Sup.), 10 Am. B. R. 1 ; 190 U. S. 533; 47 L. Ed, 1165. Subscription under contract a provable debt for full subscription price. In re Buffalo Mirror & Beveling Co., 15 Am. B. R. 122. Proof against individual and partnership estate when allowed. In re McCoy, 17 Am. B. R. 760; 1.50 Fed. 106. Bond to secure payment of annuity provable. Cobb V. Overman (C. C. A. 4th Cir.), 6 Am. B. R. 324; 109 Fed. 65; 48 C. C. A. 223; 54 L. R. A. 369. A claim for breach of contract to purchase corporate stock at a fixed date which occurs after bankruptcy is a provable claim. In re Pettingill & Co., 14 Am. B. R. 728; 137 Fed. 143. Contra. In re Inman & Co., 23 Am. B. R. 566. Stockholders may not after bankruptcy rescind their contracts and prove claims against estate for money paid for such stock. Scott V. Abbott (C. C. A. 8th Cir.), 20 Am. B. R. 335; 160 Fed. 573; 87 C. C. A. 475- Non-provable claims. A partner's contribution of capital not a provable debt against partnership estate. In re W. J. Floyd & Co., 19 Am. B. R. 438; 156 Fed. 206. Advances by partner to firm provable. In re Rice, 21 Am. B. R. 205, 211; 164 Fed. 514. Loans made in violation of a state statute not provable on theory of an Implied contract for money had and received. In re Montello Brick Works (D. C. Pa.), 20 Am. B. R. 855; 174 Fed. 498. Tort claims not provable. In re Hirscbmann, 4 Am. B. R. 715; 104 Fed, 69. In re Cashing, 6 Am. B. R. 22. "Waiver of tort and proof as quasi contract. In re Filer (D. C. N. Y.), 5 Am. B. R. 835; aff'g 5 Am. B. R. 582. Claim for damages for death of intestate by wrongful act. In re N. Y. Tunnel Co. (C. C. A. 2nd Cir.). 20 Am. B. R. 25; 1.59 Fed. 688; 86 C. C. A. 556. Judgment for personal injuries for wrongful act. In re Crescent Lumber Co., 19 Am. B. R. 112; 154 Fed. 724. 226 FORMS IN BANKRUPTCY. In re Wigmore, 10 Am. B. R. 661. Injury to property not growing out of any contractual relation. Brown and Adams v. United Button Co. (C. C. A. 3rd Cir.), 17 Am. B. R. 565; 149 Fed. 48; 79 C. C. A. 70; afE'g 15 Am. B. R. 390; 140 Fed. 495. Amount of fine imposed for crime in State Court. In re Moore, 6 Am. B. R. 590; 111 Fed. 145. Damages for breacli of contract of employment are provable. In re Sweetser, Pembroke & Co. (C. C. A. 2nd Cir.), 15 Am. B. R. 650; 142 Fed. 131, 73 C. C. A. 349. In re Silverman Bros., 4 Am. B. R. 83; 101 Fed. 219. See In re Imperial Brew. Co., 16 Am. B. R. 110; 143 Fed. 579. In re Neff (C. C. A. 6th Cir.), 19 Am. B. R. 23; 157 Fed. 57; 84 C. C. A. 561; afif'g 19 Am. B. R. 911. Contra. In re Inman & Co. (D. C. Ga.), 22 Am. B. R. 524; 171 Fed. 185. Wagering contracts. Contract for future delivery. In re Aetna Cotton Mills, 22 Am. B. R. 629; 171 Fed. 994. Corporate bonds issued to a promoter in violation of a statute. In re "Wyoming Valley Ice Co., 1.53 Fed. 787. Claim for a penalty. In re Bevier "Wood Pavement Co. (D. C. N. Y.), 19 Am. B. R. 462; 156 Fed. 583. Alimony in arrears or to accrue not a provable debt. Audubon et al. v. Shufeldt (U. S. Sup.), 5 Am. B. R. 829; 181 U. S. 575; 45 L. Ed. 1009. In re Smith, 3 Am. B. R. 67. See In re Challoner (D. C. 111.), 3 Am. B. R. 442; 98 Fed. 82. Contra. In re Williams Estate (N. Y. Sur. Ct.), 23 Am. B. R. 394; 118 N. Y. Supp. 562. Provability of contingent claims. Claim of landlord for repairs under covenant in lease. In re Schomacker Piano Mfg. Co., 20 Am. B. B. 899; 163 Fed. 413. In re International Milling Co., 23 Am. B. R. 664. Rent to accrue not provable. In re Malder, 5 Am. B. R. 453 ; 105 Fed. 428. Watson V. Merrill (C. C. A. 8th Cir.), 14 Am. B. R. 453; 136 Fed. 359; 69 C. C. A. 185. In re Henckel Brewing Co. (D. C. K Y.), 10 Am. B. R. 484; 123 Fed. 942; In re Roth 6c Appel (D. C. N. Y.), 174 Fed. 64. Surety's loss in completing bankrupt's contract provable through unliquidated. Wood V. U. S. Fidelity and Guaranty Co., 16 Am. B. R. 21; 143 Fed. 424. The liability of the maker of a note to the surety thereon is a provable claim against the maker's estate in bankruptcy. Hayer v. Comstock, 7 Am. B. R. 493. Stipulation in note as to attorney's fees. InreT. H. Thompson Milling Co. (D. C. Tex.), 16 Am. B. R. 454; 144 Fed. 314. In re Hersey (D. C. la.), 171 Fed. 1004. In re Edens & Co. (D. C. So. Car.), 18 Am. B. R. 643; 151 Fed. 940. Not provable in Pennsylvania. McCabe v. Patten (C. C. A. 3rd Cir.), 23 Am. B. R. 335; 174 Fed. 217. Unliquidated claims. Sec. 63-b. What constitutes: In re Kenney & Co., 14 Am. B. R. 611 ; 136 Fed. 451. A claim for unliquidated damages for tort not connected with contract and not reduced to judgment, ia not susceptible of liquidation under this section. Brown & Adams v. United Button Co. (C. C. A. 3rd Cir.), 17 Am. B. R. 565; 149 Fed. 48; 79 C. C. A. 70, aff'g. FORMS IN BANKRUPTCY. 227 In re United Button Co., 15 Am. B. R. 390; 140 Fed. 495. For breach of warranty upon a sale. In re Grant Shoe Co. (C. C. A. 2nd Cir.), 12 Am. B. R. 349; 130 Fed. 881; 66 C. C. A. 78; aff'g. 11 Am. B. R. 48; 125 Fed. 576. Procedure upon liquidation. In re United Button Co. {supra). In re Silverman Bros., 4 Am. B. R. 83; 101 Fed. 219. In re Buchan's Soap Corp. (D. C. N. Y.), 22 Am. B. R. 382; 169 Fed. 1017. "Liquidated by litigation." In re Laudis, 19 Am. B. R. 420; 156 Fed. 318. In re Strobcl (D. C. N. Y.). 20 Am. B. R. 884; 160 Fed. 916. In re Keyes, 20 Am. B. R. 183 ; 160 Fed. 763. In re Noel, (Powell v. Leavitt) (C. C. A. 1st Cir.), 18 Am. B. R. 10; 150 Fed. 89; 80 C. C. A. 43 ; r'v'g 16 Am. B. R. 457 ; 144 Fed. 439. In re Merteus *5c Co. (C. C. A. 2nd Cir.), 16 Am. B. R. 825; 144 Fed. 818; 75 C. C. A- 548; aff'd Hiscock v. Varick Bank, 206 U. S. 28. In re E. O. Thompson's Sous, 10 Am. B. R. 581 ; 123 Fed. 174. In re Prindle Pump Co. (D. C. N. Y.), 10 Am. B. R. 405. In re Damon & Co., 14 Am. B. R. 809. In re Baird & Co., 18 Am. B. R. 228 ; 154 Fed. 215. In re Coventry Evans Furniture Co. (D. C. N. Y.), 171 Fed. 673. In re Otto F. Lange Co. (D. C. la.), 20 Am. B. R. 478; 170 Fed. 114. Surrender of Preferences. Since amenilment of 1903 confined to cases where a person receiving a preference had reasonable cause to believe that it was intended as such, and to transfers where the persons making them did so with fraudulent intent. In re Bloch (C. C. A. 2nd Cir.) 15 Am. B. R. 748 ; 142 Fed. 674 : 74 C. C. A. 2.50. In re Audrews (C. C. A. 1st Cir.) 16 Am. B. R. 387 ; 144 Fed. 922 ; 75 C. C. A. 562 ; aff'g. 14 Am. B. R. 247. Off v. Hakes (C. C. A. 7th Cir.) 15 Am. B. R. 696 ; 142 Fed. 364 ; 73 C. C. A. 464. In re Pfaffinger, 18 Am. B. R. 807 ; 154 Fed. 528. In re Hines 16 Am. B. R. 495 ; 144 Fed. 543. Election of Remedies. Estoppel by filing claim. In re Jacob Berry & Co. (C. C. A. 2nd Cir.) 23 Am. B. R. 27. Thomas v. Taggart, 19 Am. B. R. 710 ; 209 U. S. 385 ; 52 L. Ed. 845 ; aff'g 17 Am. B. R. 467. Du Vivier & Co. v. GaJlice (C. C. A. 2nd Cir.), 17 Am. B. R. 557 ; 149 Fed. 118 ; 80 C. C. A. 556. In re Kenyon, 19 Am. B. R. 194 ; 156 Fed. 863. [See, notes on Forms No. 129, 142, 143, 149 and 153.] 228 FORMS IN BANKRUPTCY. FORM No. 148. PETITION TO PAT PRIORITY CLAIMS AND SCHEDULE. United States District Court, for the District of In Bankruptcy. In the Matteb OF bankrupt. No. To Esq., Referee in Bankruptcy : The petition of respectfully shows and alleges : 1. That he is the trustee in bankruptcy herein duly qualified; that annexed hereto is a schedule of claims entitled to priority (for ) which have been filed and allowed herein. Petitioner believes that said claims are just and correct and should be paid at once for the following reasons: Wherefore petitioner prays that an order be entered authorizing and direct- ing him as trustee to pay the net amount set opposite the name of each claimant, as a claim entitled to priority herein. SCHEDULE. (Verification.) j PRIORITY CLAIMS OF. Name of Creditor. Amount of Claim. Petitioner. Bankrupt. Amount with Filing Fee. Totals Dated ,19... Trustee in Bankruptcy. FORMS IN BANKKUPTOY. 229 FORM No. 149. ORDER DIRECTING PAYMENT OF PRIORITY CLAIMS. United States District Court, for the District of In Bankruptcy. In the Matter OF V No. bankrupt. Upon reading and filing the petition of Trustee herein duly verified praying for authority to pay the claims filed herein claiming priority under Section 64 of the Bankruptcy Act, and upon motion of attorney for said Trustee, it is Ordered, that the said Trustee be and he hereby is authorized and directed to pay the claims entitled to priority herein, duly filed and allowed in this proceeding, as set forth in the schedule hereto annexed. Dated ,19... Referee in Bankruptcy. NOTES. Claims entitled to priority of payment. Bankruptcy Act supersedes state insolvency laws and prescribes what debts shall have priority of payment. Smith V. Mottley (C. C. A. 6th Cir.), 17 Am. B. R. 863 ; 150 Fed. 266 ; 80 C. C. A. 154, rev'g 16 Am. B. R. 226 ; In re Slomka. (C. C. A. 2nd Cir.) 9 Am. B. R. 635, 122 Fed. 630; 58 CCA. 322, rvg. 9 Am B. R. 124 ; 117 Fed. 688. Burden on claimant to prove by fair preponderance of evidence the contract of em- ployment and performance of services. Mason v. St. Albans Furniture Co. 17 Am. B. R. 8G8, 149 Fed. 898. In re B. H. Gladding Co. (D. C R. I.), 9 Am. B. R. 700 ; 120 Fed. 709. What constitutes " wages." "Weaver v. Hugill Stone Supply Co., 16 Am. B. R. 516. Claim of infant for wages. In re Huntenberg, 18 Am. B. R. 697 ; 153 Fed. 768. Judgment for damages for wrongful dismissal as a salesman not entitled to priority. In re E. B. Lewis, 12 Am. B. R. 279. Petition to review denial of priority claim. In re A. O. Brown & Co., 22 Am. B. R. 496, 171 Fed. 281. Teamster entitled only to priority for his personal services, not for use of horse, etc. 230 FORMS IN BANKRUPTCY. In re Wlnton Lumber & Mf'g Co., 17 Am. B. R. 117. Commissions paid to a traveling salesman for his services are " wages " within the Act, as amended. In re Dexter (D. C. Mass.), 158 Fed. 788. In re New England Thread Co. (C. C. A. 1st Cir.), 20 Am. B. R. 47 : 158 Fed. 788 ; aff'g 18 Am. B. R. 840 ; 154 Fed. 742. "Piece workers" entitled to priority as wage earners. In re Gurewitz (C. C. A. 2nd Cir.), 10 Am. B. R. 350 ; 121 Fed. 982, 58 C. C. A. 320. Section includes a bookkeeper. In re Baumblatt (D. C. Pa.), 19 Am. B. R. 500 ; 156 Fed. 422. President of a corporation not a wage earner within Sec. 64-b. Carpenter v. Cudd. (C. C. A. 4th Cir.), 174 Fed. 603. Editor of a newspaper not entitled to priority within the section. In re Zotti 23 Am. B. R. 607. Nor manager of a branch of a broker's office. In re A. O. Brown & Co., 22 Am. B. R. 496 ; 171 Fed. 281. Assignment of -wage claim. General order XXI. Does not lose priority by assignment before commencement of bankruptcy proceeding. In re Fuller & Bennett (D. C. W. Va.), 18 Am. B. R. 443; 152 Fed. 538. In re Bennett (C. C. A. 6th Cir.), 18 Am. B. R. 320; 153 Fed. 673; 82 C. C. A. 531. Shropshire & Co. v. Bush (U. S. Sup.), 17 Am. B. R. 77; 204 U. S. 186; 54 L. Ed. 436. Contra. In re St. Louis Ice Mf'g and Storage Co. (D. C. Mo.), 17 Am. B. R. 194; 147 Fed. 752. Priority not lost by assignment after filing of petition. In re Campbell, 4 Am. B. R. 535; 102 Fed. 686; dist'g In re Westlaund, 3 Am. B. R. 640; 99 Fed. 399. Nor by assignment after proof. In re North Carolina Car Co., 11 Am. B. R. 488; 127 Fed. 178. Priority attaches to character of claim, not to claimant. In re Harmon, 11 Am. B. R. 64; 128 Fed. 170. Priority of taxes. 64-a. Actual and necessary costs of administration have priority over taxes due state. In re Ilalsey Electric Generator Co. (D. C. N. J.), 23 Am. B. R. 401; 175 Fed. 825. Contra. In re Weiss (D. C. N. Y.), 20 Am. B. R. 247; 159 Fed. 295. In re Prince & Walter (D. C. Pa.), 12 Am. B. R. 675; 131 Fed. 546. Taxes which trustee is required to pay under sec. 64-a carry interest. In re Kallak, 17 Am. B. R. 414 ; 141 Fed. 276. And penalty. In re Scheldt Bros., 23 Am. B. R. 778;177 Fed. 599. Contra. In re Fisher & Co. (D. C. N. J.), 17 Am. B. R. 404; 148 Fed. 907. Franchise taxes. State of New .Jer.sey v. Anderson (U. S. Sup.), 17 Am. B. R. 63; 203 U. S. 483; 51 L. Ed. 284; rev'g 14 Am. B. R. 604; 137 Fed. 858. Priority for materials by state statute. In re Bennett (C. C. A. 6th Cir.), 18 Am. B. R. 320; 153 Fed. 673; 82 C. C. A. 531; aff'g 18 Am. B. R. 847. In re Jones, 18 Am. B. R. 206; 151 Fed. 108. As to comniuiiit)^ property, see In re Chavez (New Mexico) (C. C. A. 8th Cir.), 17 Am. B. R. 641; 149 Fed. 73; 80 C. C. A. 451. Surety upon debt due the United States subrogated to right of priority over claims of general wage creditors. FORMS IN BANKRUPTCY. 331 Title Guaranty & Surety Co. v. Guarantee Title & Trust Co. (C. C. A. 3rd Cir.), 23 Am. B. R. 340; 174 Fed. 385. Priority by State Statute. — Landlord's lien, lu re Burns (D. C. Ga.), 26 Am. B. R. 640; 175 Fed. 633. In re V. D. L. Co. (D. C. Ga.), 23 Am. B. R. 643; 175 Fed. 635. In re Delancy Stables Co. (D. C. Pa.), 22 Am. B. R. 406; 170 Fed. 860. In re West Side Paper Co. (C. C. A. 3rd Cir.), 20 Am. B. R. 660; 162 Fed. 110; 89 C. C. A. 110. In re Consumers Cofifee Co. (D. C. Pa.), 18 Am. B. R. 500; 151 Fed. 933. Costs in attachinent suit. — Entitled to priority of pa3'ment. In re Goldberg Bros. (D. C. Me.), 16 Am. B. R. 521; 144 Fed. 566. In re Allen, 3 Am. B. R. 38; 96 Fed. 512. Contra. In re Copper King, Lim., 16 Am. B. R. 148; 143 Fed. 649. Provable as an unsecured claim only so far as necessarily incurred. In re Thompson Mercantile Co. (D. C. Minn.), 11 Am. B. R. 579. [See Notes on Forms No. 129, 142, 143, 147 and 153.] FORM No. 150. PETITION TO REVIE^V ORDER REJECTING CLAIM. United States District Court, for the District of In Bankruptcy. Ik the Matter OP ScaiJcrupt. y No. To Esq., Referee in Bankruptcy: The petition of respectfully shows : That your petitioner is a creditor of , the above named bankrupt, and that his claim in the sum of $ was heretofore filed herein ; that thereafter objections were filed by and the same were duly heard by the Referee herein and testimony taken. That on the day of 19 . . , an order, a copy of which is hereto annexed, was made and entered herein by which said claim was rejected, disallowed and expunged. That such order was and is erroneous in that: [Concise statement of error.] 232 FORMS IN BANKRUPTCY. Wherefore, your petitioner, feeling aggrieved because of such order, prays that the same may be reviewed as provided in the Bankruptcy Act of 1898, the amendments thereto, and General Order XXVII. Dated ,19... (Verification.) Petitioner. NOTES. Review of order allowing or disallowing claim. Findings of fact of a referee not disturbeii except upon convincing proof of error. In re Hatem, 20 Am. B. R. 470; 161 Fed. 895. In re Rider (D. C. N. Y.), 3 Am. B. R. 192; 96 Fed. 811; In re Douglass & Sons Co. (D. C. Conn.), 8 Am. B. R. 113 ; 114 Fed. 772. FORM No. 151. PETITION THAT ALL CLAIMS TO SECURITIES, ETC., BE REFERRED. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. In the Matter OF The determination of claims to all stocks, bonds, securities and other assets now in the possession of the Trustee herein. To the Honorable Judge of the District Court of the United States for the District of : The petition of respectfully shows to this Court and alleges : 1. That heretofore and on . . , 19. . a petition praying that the above named be adjudged an involuntary bankrupt was filed in the office of the Clerk of the District Court of the United States for the District of . . ; 2. That thereupon, your petitioner was duly appointed receiver of the goods, assets and effects of said bankrupt, and duly qualified as such by ^ling a bond, as required by this court, which was duly approved, and h" FORMS IN BANKRUPTCY. 233 thereupon entered upon the performance of his duties and has continued to perform the same. 3. That thereafter, such proceedings were duly had that an order of adjudication was made and entered herein on 19. ., and the proceedings herein were duly referred to Esq., one of the referees in bankruptcy. 4. That thereafter, such further proceedings were duly had before said Esq., that your petitioner herein was duly ap- pointed trustee in bankruptcy herein, and duly qualified as such by filing his bond with said referee, which was thereupon duly approved, and he thereupon entered upon the performance of his duties as such Trustee, and has continued to perform the same. 5. That subsequent to 19. ., to-wit ; on or about 19. ,, your petitioner received certain stocks, bonds, securities and other assets from the firm of and that since 19. ., your petitioner has likewise received from other sources various stocks, bonds, securities and other assets. 6. That your petitioner believes that it will be inadvisable and improper to sell and distribute such stocks, bonds, securities and other assets so received by him since 19. ., until all rights in and to the same shall have been ascertained and determined. 7. Your petitioner therefore asks that the annexed order to show cause may be granted. 8. No previous application for the annexed order to show cause has been made to any Court or Judge, and the reason the same is now asked for is, that it is desired to have the Court determine this matter at the earliest possible date, and that this Court should determine the method of service hereof, and your petitioner suggests that service may be made by publication of the annexed order to show cause, for the following reasons : (a) The bankrupt herein has creditors, as appears by their schedules herein, in excess of in number. (b) The said creditors are located in many other States of the United States, and service other than by publication is impracticable. (c) Your petitioner also suggests that as a preliminary measure, this petition and the order to show cause be served on all known creditors. Wherefore, your petitioner prays for an order to show cause : 1. Directing creditors of the above named bankrupt and all persons, firms and corporations, interested herein, to show cause before this Court why an order should be made herein directing said persons, firms and corporations to file their claims against said stocks, bonds, securities and other assets, or the proceeds thereof, received by the petitioner herein from the firm of , or from any source, subsequent to 19. ., if any such claim they have, or on or before a day to be fixed by this Court. 2. Directing that the said claims so made, if any, be referred to Esq., the referee herein, for hearing, testimony and report. 234 FORMS IN BANKRUPTCY. 3. Directing that any and all creditors, persons, firms and corporations, claiming such stocks, bonds, securities and other assets, or the proceeds thereof, who shall not file claims as aforesaid, be forever barred from making or claim- inor any such title or ownership to the said stocks, bonds, securities and other assets, or the proceeds thereof, and why the petitioner herein should not have such other and further relief as to the Court may seem just and proper. Dated ,19... Petitioner Attorneys for Petitioner, No Street City of (Verification.) FORM No. 152. ORDER TO SHOW CAUSE THEREON. United States District Court, for the District of In the Matter OF Bankrupt. In the Matter OF The determination of claims to all stocks, bonds, securities and other assets now in the possession of the Trustee herein. On reading the annexed petition of trustee, herein, verified 19 . . and on all the papers and proceedings had and taken herein, and on motion of attorneys for the petitioner herein, creditors of the above bankrupt, and all other persons, firms or corpora- tions claiming stocks, bonds and securities in the possession, custody or control of the petitioner herein, or the proceeds thereof, received from all sources whatsoever subsequent to 19 . . , are hereby required to show FORMS IN BANKRUPTCY. 235 cause before me, or one of the Judges of this Court, at a Stated Term of said Court to be held at the City of on the day of 19 . . at .... o'clock in the noon, or as soon thereafter as counsel can be heard, why an order should not be made and entered herein directing said creditors, persons, firms and corporations to file, on or before 19. ., their said claims against said stocks, bonds, securities and other assets, or the proceeds thereof, so received by the trustee, and why the said claims so made, if any, should not be referred to Esq., Referee in Bankruptcy, as Special Master, for hearing, testimony and report, and why, in default of any such claims being filed as aforesaid, said creditors, persons, firms and corporations, and any and all of them, should not be forever barred or foreclosed from making any such claim, title or ownership therein or thereto, in whole or in part. Sufficient reason appearing therefor, it is hereby Ordered, that service of this order, together witli the petition upon which it is granted, be made by mailing a copy thereof to the creditors or other persons interested herein, who shall have filed notice of appearance herein, at their addresses appearing upon the schedules herein, on or before the day of 19 . . , and by publishing a copy of this order in the once a week for two successive weeks, the last publication to be not later than 19 . . which shall be and hereby is declared to be sufficient service thereof. Dated ,19... United States District Judge. 236 FORMS IN BANKRUPTCY. FORM No. 153. "OMXIBUS" ORDER REFERRING CLAIMS TO SECURITIES, ETC., TO SPECIAL MASTER. At a Stated Term of the District Court of the United States for the District of held at the Court House in the City of on the day of 19... Present : Hon. . District Judge. In the Matter OF Bankrupt. > No. An order having been granted herein on 19. ., requiring creditors of the above named bankrupt and other persons, firms or corporations, claiming stocks, bonds, securities and other assets, or the proceeds thereof, in the possession, custody or control of the receiver or trustee herein, to file their claims against the said stocks, bonds, securities and other assets, or the proceeds thereof. On reading and filing the said order to show cause, dated 19 . ., the petition of trustee herein verified 19 . ., and all the papers and proceedings had and taken herein, and proof of due service thereof. On motion of attorneys for the trustee herein, it is Ordered that all creditors of the above named bankrupt and all persons, firms or corporations claim stocks, bonds, securities or any other assets, or the proceeds thereof, in the possession, custody or control of the receiver or trustee herein be and they hereby are directed to file their claims thereto, duly verified in the office of the clerk of this court, on or before the day of 19. . ; and it is further Ordered, tluit any and all creditors or other claimants to the said stocks. FORMS IN BANKRUPTCY. 237 bonds, securities and other assets, or the proceeds thereof, who shall not file such claim to the said stocks, bonds, securities and other assets, or the proceeds thereof asserting their right, title or interest therein and thereto, on or before said day of 19 . . , be and they hereby are forever barred from making claim or asserting any right, title or interest, in or to the said stocks, bonds, securities and other assets, now in the possession, custody or control of the receiver or trustee herein, or the proceeds thereof; and it is further Ordered, that the determination of all rights, titles and interests, if any, in and to any and all of the said stocks, bonds, securities and other assets, or the proceeds thereof, made as aforesaid, be and the same hereby is referred to , Esq., who is hereby appointed Special Master for that purpose, to hear and determine the rights of all such creditors and claimants, including the trustee in bankruptcy herein ; and the said master is directed in all respects to adjust, determine and adjudicate the rights, titles, interests, equities, claims and liens therein and thereto, and report to this Court his determination thereon. United States District Judge. NOTES. Summary determination of claims to property held by receiver or trustee. In re Epstein (C. C. A. 8th Cir.), 19 Am. B. R. 89; 156 Fed. 42; 84 C. C. A. 208. In re Rochford (C. C. A. 8th Cir.). 10 Am. B. R. 608; 124 Fed. 182; 59 C. C. A. 388. Owners of converted stock by a bankrupt firm of brokers held entitled to similar stock in bankrupt's possession at time of bankruptcy as tenants in common as against general creditors. In re A. O. Brown & Co. (D. C. N. Y.). 22 Am. B. R. 659; 171 Fed. 254. Thomas v. Taggart (U. S. Sup.), 19 Am. B. R. 710; 209 U. S. 385 aff'g. In re Berry & Co., 17 Am. B. R. 467; 149 Fed. 176. Validity of Order. Bankruptcy court has power to limit the time for claimants to prove title to stocks, bonds etc., to less than the year which the Act allows to creditors for filing claims. In re T. A. Mclntyre & Co. (C. C. A. 2nd Cir.), 24 Am. B. R. 4; 176 Fed. 552. Motion for leave to file after expiration of time denied (s. c). See, Collier on Bank- ruptcy (7th Ed.), p. 408. TITLE V. TKUSTEE IN BANKRUPTCY. FofiM No. 154. Bond of Trustee. 155. Trustee's First Report. 156. Trustee's Report of Exempt Property. 157. Exceptions to Trustee's Report on Exemptions. 158. Order allowing Exemptions upon Report. 159. Petition for leave to reject Assets as burdensome. 160. Order authorizing Trustee to reject Assets as burdensome. 161. Petition by Trustee for leave to continue Business of Bankrupt. 162. Order upon same. 163. Trustee's Bill of Sale of Personal Property. 164. Trustee's Deed to Real Property. 165. Trustee's Affidavit upon Assessment for Personal Taxes against Estate. 166. Notice of Adoption of Lease by Trustee. 167. Petition for leave by Trustee to sue. 168. Order granting leave to sue. 169. Affidavit to intervene in State Court Action. 170. Order allowing Trustee to Intervene. 171. Order directing Trustee to abandon Legal Proceedings. 172. Order ratifying Acts of Trustee. 173. Petition for Removal of Trustee. 174. Order to show Cause thereon. 175. Order for Removal of Trustee. 176. Resignation of Trustee. 177. Order for Choice of New Trustee. 178. Demand for security for Costs from Trustee, Plaintiff. 179. Order requiring Trustee to give security for Costs. 180. Trustee's Return of no Assets. 181. Trustee's Report and Final Account. 182. Oath to Final Account. 183. Objections to Trustee's Account. 184. Order allowing Trustee Extra Compensation for conducting bus- iness. 185. Trustee's Final Report. 186. Order discharging Trustee. 9r,s FOKM« 1:N UA^SKKUFTCY. 239 FORM No. 154. BOND OF TRUSTEE. In the District Court of the United States, for the District of In the Matter OP Bankrupt. > In Bankruptcy No. Know all men by these presents : That we, of City of , State of , as Principal, and the Company, of , a corporation duly organized under the laws of the State of , and having an office and usual place of business at No Street, in the City of , as Surety, are held and firmly bound unto the United States of America in the sum of dollars in lawful money of the United States, to be paid to the said United States, for which payment, well and truly to be made, the said binds himself, his heirs, executors and administrators, and the said Company binds itself its successors and assigns, jointly and severally, by these presents. Signed and sealed this . day of , A. D., 19 . . . The condition of this obligation is such, that whereas the above named was on the day of A. D. 19 . , , appointed trustee in the case pending in bankruptcy in said court, wherein the bankrupt, and he, the said , has accepted said trust with all the duties and obligations pertaining thereunto: Now, therefore, if the said trustee, as aforesaid, shall obey such orders as said Court may make in relation to said trust, and shall faithfully and truly account for all moneys, assets and effects of the estate of said bankrupt which shall come into his hands and possession, and shall in all respects faithfully perform all his official duties as 240 FORMS IN BANKRUPTCY. said trustee, then this obligation to be void ; otherwise, to remain in full force and virtue. Sealed and delivered in the presence of L. S. The Co. By Manager. Attest : Attorney-in-fact. Acknowledgment by principal and surety. Justification by Surety Company. NOTES. Sec. 50-b, c. Bond must be furnished within ten days, or five days additional if permitted by the court. Surety company sufficient. In re Kalter, 2 Am. B. R. 590. Presumption in state court that trustee duly qualified by filing bond. Breckons v. Snyder. 15 Am. B. R. 113; 311 Pa. St. 176. What bond covers. In re Kajita, 18 Am. B. R. 19. Unauthorized payments. In re Hoytand Mitchell, 11 Am. B. R. 784; 137 Fed. 968. Action by trustee upon bond of a former defaulting trustee may be maintained in a district court of the United States. U. S. ex rel. Schauffler v. Union Surety & Guaranty Co. (D. C. N. Y.), 9 Am. B. R. 114; 118 Fed. 483. Action upon bond brought in name of United States. Alexander v. Union Surety & Guaranty Co., 11 Am. B. R. 33; 89 N. Y. App. Div. 3. And leave of court not necessary (s. c). Defaulting trustee proper, but not necessary party (s. c). Action on trustee's bond may be brought though no order was made directing absconding trustee to account. Scofield v. U. S. ex rel. Bond (C. C. A. 6th Cir.). 33 Am. B. R. 359; 174 Fed. 1. FOKMS IN BANKKUPTGY. 2-ii FORM No. 155. TRUSTEE'S FIRST REPORT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. y No. To , Esq., Referee in Bankruptcy. I, , do hereby make and file my first report as trustee of the estate of the above named bankrupt: 1. On , 19. ., I was appointed trustee of the estate of the above named bankrupt and required to file a bond in the penalty of $ I have duly qualified by filing a bond in the penalty required, and am now acting as such trustee. 2. That upon entering upon my duties, I prepared a complete inventory of all the property of the bankrupt estate consisting of f [Here enumerate property, location, encumbrances, etc., and proceedings taken in reference to same or to reduce to cash.] 3. That I have retained as my counsel, , Esq., and directed him to attend to the following matters : 4. That I desire instructions as to the following: 5. That I have on hand in cash dollars, which is de- posited in the , a designated depository of this court, and that said sum is sufficient for a first dividend of 242 FORMS IN BANKRUPTCY per cent, upon the claims filed and allowed herein, for the declaration and payment of which, I do hereby apply. Dated , , 19. .. Respectfully submitted, Trustee. (Verification, if desired, or required.) FORM No. 156. [Official.] TRUSTEE'S REPORT OF EXEMPTED PROPERTY. In the District Court of the United States for the of In Bankruptcy. District In the Matteb OF Bankrupt. At , on the day of , 19 . . . The following is a schedule of property designated and set apart to be re- tained by the bankrupt aforesaid, as his own property, under the provisions of the Acts of Congress relating to bankruptcy. General head. Particular description. Value. Military uniform, arms, and equip- ments Dolls. Cts. Property exempted by state laws. . Trustee. FOKMS IN BANKRUPTCY. 243 NOTES. Act, sees. 6, 47. General Order XVII. In re McClintock, 13 Am. B. R. 606. la re Camp. 1 Am. B. R. 165 ; 91 Fed. 749. In re Grimes, 2 Am. B. R. 730; 96 Fed. 529. In re Friedrich (C. C. A. 7th Cir.). 3 Am. B. R. 801; 100 Fed. 284; 40 C. C. A. 378. Burke v. Guarantee Title & Trust Co. (C. C. A. 3rd Cir.), 14 Am. B. R. 31; 134 Fed. 562; 67 C. C. A. 486. When exceptions to report filed too late. In re Amos, 19 Am. B. R. 804. Exemptions must be claimed in bankrupt's schedules. In re Nunn, 2 Am. B. R. 664. Trustee may refuse to set apart In re Ellis, 10 Am. B. R. 754. Trustee's action thereon not final. In re White, 4 Am. B. R. 613; 103 Fed. 774. See, Notes Form No. 98. 244 FORMS IN BANKRUPTCY. FORM No. 157. EXCEPTIONS TO TRUSTEE'S REPORT SETTING OFF EXEMPTIONS. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. Now comes , of , a creditor of the above named bankrupt, and excepts to the trustee's report setting off said bankrupt's exemptions, filed herein on the day of , 19. ., in that such report sets off to said bankrupt the following: for the following reasons: and prays that a hearing may be had upon such exceptions and that the same may be argued, as provided in General Order XVII. Dated, , , , ,19... Excepting Creditor. NOTES. Exceptions to trustee's report on exemptions. In re Col ton & Preston, 23 Am. B. R. 586. (See, Notes Form No. 98.) fokMkS 1^ ba:nkkuptgy. 245 FORM No. 158. ORDER ALLOWING EXEMPTIONS AFTER TRUSTEE'S REPORT. United States District Court, District of In Bankruptcy. In the Matter OF bankrupt. V No. The trustee herein having, more than twenty days since, filed his report of exempted property, in accordance with General Order XVII, and no ex- ceptions having been taken thereto, now, on motion of Esq., attorney for said bankrupt, it is Ordered, that said trustee's report of exempted property be, and the same hereby is, in all things confirmed, and the bankrupt's claim to exemptions is hereby determined accordingly; That the property specified in such report be delivered to said bankrupt forthwith. Dated , , , ,19... Referee in Bankruptcy, 2^6 FORMS IN BANKRUPTCY. FORM No. 159. PETITION TO REJECT ASSETS AS BURDENSOME. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged bankrupt. y No. To , Esq., Referee in BanJcruptcy. Your petitioner respectfully shows: That he is the trustee herein duly qualified and acting. That a portion of such bankrupt's estate consists of the following property ; That your petitioner has investigated the value of such property and finds the same to be worthless, for the following reasons : That it will be for the benefit of said estate that your petitioner be instructed to reject such property and to refuse to take the same into his possession. That no previous application has been made for the order hereinafter asked. Wherefore, your petitioner prays for an order permitting him to disclaim title to such property and to reject same as worthless and burdensome. Petitioner. (Verification.) FORMS IN BANKRUPTCY. 247 FORM No. 160. ORDER ALLOWING TRUSTEE TO REJECT ASSETS AS BURDENSOME. United States District Court, District of In Bankruptcy. In the Matter OP bankrupt. V No. The trustee herein having made application for an order permitting him to reject as worthless and burdensome certain property, and to refuse to take the same into his possession, and it appearing that such order should be granted ; Now, on motion of , Esq., attorney for said trustee, it is Ordered, that , the trustee herein, be, and he hereby is, authorized and directed to reject the following described property, and to refuse to take the same into his possession, viz. : Dated, , , 19. .. Referee in Bankruptcy. NOTES. Burdensome property. Trustee not bound to take property which may involve him in litigation. Oldmixon v. Severance, 18 Am. B. R. 823; 117 N. Y. App. Div. 921. In re Cogley, 5 Am. B. R. 731 ; 107 Fed. 73. In re Scheerman. 2 X. B. N. Rep. 118. May abandon claim where result is doubtful. In re Harper (D. C. N. Y.). 175 Fed. 412. What not an abandonment. In re Wiseman and Wallace, 20 Am. B. R. 293. Property mortgaged beyond value. Equitable Loan & Security Co. v. Moss & Co. (C. C. A. 5th Cir.), 11 Am. B. R. Ill; 125 Ff'd. r.OO; r.O 0. C. A. 345. 248 FORMS IN BANKRUi'TCY. In re Jersey Island Packing Co. (C. C. A. 9th Cir.), 14 Am. B. R. 689; 138 Fed. 635; 71 C. C. A. 75. Has no application to concealed property. First Nat. Bank v. Lasater (U. S. Sup.), 13 Am. B. R. 698; 196 U. S. 115; 49 L. Ed. 408. Effect of order is to revest title in bankrupt. Sessions v. Romadka, 14o U. S. 29; 36 L. Ed. 609. FORM No. 161. PETITION BY TRUSTEE TO CONTINTJE BUSINESS OF BANKRUPT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. To , Esq., Eeferee in Bankruptcy. The petition of , respectfully alleges and shows : 1. That on or about the .... day of , 19. ., he was duly ap- pointed trustee in bankruptcy of , the bankrupt above named, and required to file a bond in the penalty of $ That your petitioner duly qualified as such trustee by filing a bond in the penalty required ; that he has continued to act and is now acting as such trustee. 2. That said , was engaged in and his place of business was at That situated on these premises is a complete outfit for the manufacture of , consisting of machinery of various kinds and mate- rials to be used for manufacture. That pursuant to the authority conferred by an order of this court, your petitioner, heretofore as temporary receiver, carried on the business of the bankrupt ; that at the time of the appointment of your petitioner as trustee herein, the business of the bankrupt was being FORMS IN BANKRUPTCY. 249 conducted in the usual manner, and your petitioner believes that it is for the best interests of the estate that the business be further continued under his direction as trustee. 3. That the bankrupt has offered terms of composition to his creditors and is now engaged in endeavoring to perfect said composition. That your peti- tioner verily believes that the business of the bankrupt will be greatly injured if the said factory were closed at this time, and your petitioner further believes that it would be for the best interests of the bankrupt and the creditors that he be allowed to continue the business in the ordinary way for a period of days. Wherefore, your petitioner would respectfully pray that an order be made herein, authorizing your petitioner to carry on the business of the bankrupt, in his discretion, for a period of days from the date of the said order. Petitioner. (Verification.) FORM No. 162. ORDER AXLOWING TRUSTEE TO CONTIITDE BUSINESS. United States District Court, for the District of In Bankruptcy. In the Matteb OF > No. bankrupt. On reading and filing the annexed petition of , the trustee of the estate of the above named bankrupt, verified , 19.., and on motion of , attorney for the said trustee, it is Ordered that , the said trustee, be and he is hereby au- 250 FORMS IN BANKRUPTCY. thorized, in his discretion, to continue the business of the said bankrupt, for a period of days from the date of this order. Dated, , ,19... Referee in Bankruptcy. FORM No. 163. TRUSTEE'S BILL OF SALE. Know all men by these presents, That, I, , as trustee in bankruptcy of , party of the first part, for and in consideration of the sum of dollars lawful money of the United States, to me in hand paid, at or before the ensealing and delivery of these presents by , of the City of , party of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his executors, administra- tors and assigns, all my right, title and interest in and to all the personal property, consisting of of , bankrupt, situated at , County, , as contained in Schedule " A " hereto annexed, (subject to all existing liens and encumbrances thereon.) To have and to hold the same unto the said party of the second part, his executors, administrators and assigns forever. In witness whereof, I have hereunto set my hand and seal the day of , in the year one thousand nine hundred and Signed, Sealed and Delivered in the Presence of: As trustee in bankruptcy of Schedule ' " A " of foregoing Bill of Sale : [Acknowledgment. ] FORMS IN BANKRUPTCY. 251 FORM No. 164. TRUSTEE'S DEED. Know all men by these presents : This Indenture, made this .... day of , in the year One thousand nine hundred and , between , as trustee in bankruptcy of the estate of , a bankrupt, of the City of , County of , and State of , party of the first part, and , of the same place, party of the second part, Witnesseth : That whereas, a petition in involuntary bankruptcy was filed in the Dis- trict Court of the United States for the District of , on the day of , 19 . . , against , and Wliereas, the said , was duly adjudicated a bank- rupt on said petition on the .... day of , 19 . . , and the said , thereafter was duly appointed trustee of the estate of the said bankrupt on the .... day of , 19 . ., and thereafter duly qualified, and has continued to act and is now acting as such trustee; and Whereas, tlie said^ , as trustee in bankruptcy of the estate of , bankrupt, was duly authorized after notice to the mortgage bondholders, lienors and creditors, by an order of , Esq., Referee in Bankruptcy, dated , 19. ., to sell and convey the property hereinafter mentioned at public auction, free and clear of liens except taxes, and the said sale having been duly held, at , , on the .... day of , 19 . . , and the said sale having thereafter been confirmed by an order of , Esq., Referee in Bankruptcy, dated the .... day of , 19. ., Now, therefore, know ye, that I, the said , as trustee in bankruptcy of , bankrupt, by virtue of the power and au- thority in me vested, as aforesaid, and in consideration of the sum of ($ ) , to me in hand paid by the said , party of the second part, the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said , his heirs and assigns forever, All those certain tracts or parcels of land, with the buildings thereon standing, situated in the town of , county of , State of , and bounded and described as follows, to wit : [Insert description.] Together with all and singular the tenements, hereditaments and appur- tenances thereunto belonging or in any wise appertaining, and the reversion 252 FORMS IN BANKRUPTCY. and reversions, remainder and remainders, rents, issues and profits thereof, to have and to hold the said above granted premises with the appurtenances thereof, unto the said party of the second part, his heirs and assigns forever, to his or their own proper use and behoof as fully and absolutely as the said party of the first part can and ought to do pursuant to the Statute and his authority as aforesaid. In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of : [Acknowledgment.] As Trustee in Bankruptcy, etc. FORM No. 165. TRUSTEE'S AFFIDAVIT UPON ASSESSMENT FOR PERSONAL TAXES AGAINST ESTATE. In Matter of the assessment of for personal taxes by the City of :]''■ state of County of , being duly sworn, deposes and says : 1. That he is the trustee in bankruptcy of , (a corporation organized and existing under and by virtue of the laws of the State of ) . That on or about the .... day of ID... tlie said (corporation of) was duly adjudged a bankrupt in the District Court of the United States for the District of , and thereafter ceased to carry on business. 2. That deponent duly qualified as trustee herein on the day of ,19... 3. That on the day of , 19- •, [the tax date] the said (corporation of) was insolvent and the amount of his (its) liabilities greatly exceeded his (its) assets, and had no taxable property. That in view of the above facts, deponent would respectfully pray that the assessment of the above named (corporation of) for personal taxes for the year 19. ., of $ , be vacated and cancelled upon the tax books or assessment rolls. Sworn to before me .... dav of . . . this ] 10... \ FORMS IN BANKRUPTCY. 253 FORM No. 166. NOTICE OF ADOPTION OF LEASE BY TRUSTEE. United States District Court, District of In Bankruptcy. In the Mattes OP JBankrtipt. > No. To : You will please take notice that the undersigned trustee in bankruptcy of the above named bankrupt, does hereby elect to adopt the lease of premises No , Street, City of , and formerly occupied by the bankrupt herein, said lease bearing date the . . . day of , 19 . . , between , as lessor, party of the first part, and , as lessee, party of the second part, for the period terminating on the .... day of , 19. ., the date of the ex- piration of said lease, at the rentals reserved in said lease. Dated, , , 19... Trustee in Bankruptcy of NOTES. A trustee liable upon quantum meruit for use and occupation of premises leased by the bankrupt. In re Grignard Lithographic Co. (D. C. N. Y.), 19 Am. B. R. 101 ; 155 Fed. 699. Assumption or rejection of lease. Watson V. Merrill (C. C. A. 8th Cir.), 14 Am. B. R. 453; 136 Fed. 359; 69 C. C. A. 185. Assumption of contract by trustee. Atchison T. & S. F. R. R. Co. v. Hurley (C. C. A. 8th Cir.), 18 Am. B. R. 396; 153 Fed. 503; 82 C. C. A. 453; affd U. S. Sup. Ct. 213 U. S. 126. Landlord by acceptance of rent from trustee waives provisions of lease as to reentry, and a purchaser of the lease from trustee, so long as he complies with its provisions, takes it not subject to reentry by the landlord. In re Fraziu A: Oppenheim (D. C. N. Y.), 23 Am. B. R. 289; 174 Fed. 713. Shapiro v. Thompson 24 Ave. B. R. 91. 254 FORMS IN BANKRUPTCY. FORM No. 167. PETITION FOR LEAVE BY TRUSTEE TO SUE. United States District Court, for the District of In Bankruptcy. In the Matter OP bankrupt. V No. To the United States District Court, for the District of The petition of , respectfully shows : 1. That your petitioner is the trustee in bankruptcy herein, duly qualified and acting. 2. That among the assets coming into the hands of your petitioner as trustee was a certain contract dated , 19 . ., with That, as your petitioner is informed and verily believes, at the time of the adjudication herein, the bankrupt had entered upon the per- formance of said contract and completed the same. 3. That the said has been examined under Section 21a, in this proceeding, but denies that there is any sum of money coming to the bankrupt herein, on account of said contract. 4. That the creditors herein have requested your petitioner, as trustee, to bring an action against for the recovery of the moneys claimed to be due this estate by reason of said contract, and your petitioner has been advised by his counsel, , that he has a good and valid cause of action against 5. That no previous application has been made for the order prayed for. 'Wherefore, your petitioner prays for an order authorizing and permitting him to bring an action in the Court for the County of . . . . , against Petitioner. (Verification.) FOKMS m BAJSKKUPTGY. 255 FORM No. 168. ORDER AUTHORIZING TRUSTEE TO SUE. At a stated term of the United States District Court for the Dis- trict of , held at the United States Court House, City of on the day of , 19.... Present : Hon. . District Judge. In the Matter OF JBankrupt. No. Upon reading and filing the annexed petition of , trustee herein, duly verified, and upon motion of , attorney for said trustee, it is Ordered, that , as trustee in bankruptcy of the above named bankrupt, be and he hereby is authorized and permitted to bring an action as such trustee in bankruptcy, in the Court of , County, against , upon the following alleged cause of action : to recover any moneys which may be due this estate from D. J. NOTES. See. Sees. 23 b 47 a (2) as amended 1910. Suits by tnistee. May maintain suit in State Court without first obtaining an order to do so from court of his appointment. Traders Ins. Co. v. Mann, 11 Am. B. R. 269; 118 Ga. 381. Chism, Trustee v. Bank of Friars Point, 5 Am. B. R. 56; 27 So. 610. 250 FORMS IN BANKRUPTCY. In re McCallum. 7 Am. B. R. 596; 113 Fed. 393. Contra. In re Mersman, 7 Am. B. R. 46. In re Phelps, 3 Am. B. R. 396. ]May raaiiitaiu suit to set aside fraudulent transfer in district other than the one in which appointed. Teugue v. Anderson Hardware Co., 20 Am. B. R. 424; 161 Fed. 765. Limitations thereon. Hull V. Burr (C. C. A. 5th Cir.), 18 Am. B. R. 541; 153 Fed. 945; 83 C. C. A. 61. Substitution as plaintiff. Consent of Federal Court should be first obtained and affirmatively shown. Hahlo et al. and Burrit as trustee v. Cole (N. Y. App. Div.), 15 Am. B. R. 591. Patten v. Carley (N. Y. App. Div.), 8 Am. B. R. 482; 69 N. Y. App. Div. 423. In re Howard, 12 Am. B. R. 462; 130 Fed. 1004. Suits against trustee. — Leave to sue trustee. May be sued without first obtaining leave of court. In re Smith, 9 Am. B. R. 603; 121 Fed. 1014. When should not be granted. - ^ In re Schermerhorn (C. C. A. 8th Cir.), 16 Am. B. R. 507; 145 Fed. 341 ; 76 C. C. A. 215. FORM No. 169. AFFIDAVIT OF TRUSTEE TO INTERVENE. Court, Plaintiff, Against, Defendant. State of 1 County of ' [^^•' , being duly sworn, says : 1. That he is the trustee in bankruptcy of , the plaintiff herein. 2. That this action is for a partnership accounting, and was commenced by the plaintiff on or about , 19 . . ; that , Esq., by an order dated , 19. ., was appointed receiver of all the property, both real and personal belonging to the said co-partnership FORMS IN BANKRUPTCY. 257 between the plaintiff and the defendant herein, and that the said receiver is still acting as such receiver and is in possession of whatever assets belong to said co-partnership. -That an answer was filed in said suit by the defendant, and deponent is informed and verily believes that this action is on the calendar of this court undetermined. 3, That on the day of , 19. ., the plaintiff herein was duly adjudicated a voluntary bankrupt, individually and as a member of the firm of , in the United States District Court for the District of , and thereafter at a meeting of plaintiff's creditors duly called and held, deponent was appointed trustee in bankruptcy of said , individually and as a member of the firm of , and has duly qualified and filed his bond in the penalty required. 4. That all of plaintiff's rights in this action are now vested by law in deponent as his said trustee in bankruptcy. Deponent, therefore, prays that he may intervene and be substituted as party plaintiff in this action in the place of the said , and that an order to that effect may be entered. No previous application has been made for the order asked for herein. Sworn to before me this ) day of ,19.. ( 258 FORMS IN BANKRUPTCY. FORM No. 170. ORDER ALLOWING TRUSTEE TO INTERVENE. At a Stated Term of the Court of , held in and for the County of , at the Court House, in the City of , on the day of , 19. . Present ; Hon. Justice. Plaintiffs against Defendant. Upon reading and filng the affidavit of , verified , 19. ., and upon the annexed consents of the attorney for the plaintiff and of the attorney for the defendant herein, it is Ordered, that , as trustee in bankruptcy of , individually and as a member of the firm of , be and he hereby is allowed to intervene herein and is substituted as party plaintiff in this action in the place and stead of the said We hereby consent to the entry of the above order. J. Attorney for Plaintiff. Attorney for Defendant. NOTES. Intervention by trustee. Griffin V. Mutual Life Ins. Co. of N. Y., 11 Am. B. R. 622; 119 Ga. 663. Ninth Nat. Bank v. Moses, 11 Am. B. R. 772. May intervene in action to foreclose mortgage. In re Porter & Bros., 6 Am. B. R. 259; 109 Fed. 111. Kessler v. Herklotz (N. Y. App. Div.). 22 Am. B. R. 257. A trustee may take advantage of failure to file a chattel mortgage. In re Metropolitan Store v. Saloon Fixture Co. (D. C. N. Y.), 15 Am. B. R. 119. FORMS IN BANKRUPTCY. 269 FORM No. 171. ORDER DIRECTING TRUSTEE TO ABANDON LEGAL PROCEEDINGS. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. V No. Upon all the papers and proceedings had in the above entitled matter, the petition of , trustee, verified the day of , 19. . ., the notice to creditors and bondholders, dated , 19. ., and proof of due mailing of said notice, and a meeting of creditors having been duly held at the office of , referee herein, on the .... day of , 19 . ., and said creditors having voted at said meeting that , as trustee be authorized to abandon all legal proceedings relative to the recovery of from , and authorizing the said , as trustee, to abandon all litigation seeking the recovery of $ alleged to have been unlawfully declared as dividends on the stock of the Company during the years 19 . . and 19 . . ; Now, upon motion of , attorney for the trustee, it is Ordered, that , as trustee be and he hereby is authorized to abandon all legal proceedings seeking to recover from the direc- tors of the Company, as constituted in 19. ., $ , declared as dividends on the common stock of the Company by the directors thereof in , 19.., by reason of any legal liability on their part. Dated, , . .>,. , 19. .. Referee in Bankruptcy. 260 FOKMS IN BANKRUPTCY. FORM No. 172. ORDER RATIFYING ACTS OF TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. > No. A meeting of creditors having been held at the oflfice of the referee on the . . . .day of , 19. ., and the trustee of the estate of the above named bankrupt having appeared at said meeting and stated to the said creditors, that he had received and taken as such trustee, the sum of $ in full satisfaction of the claim of the bankrupt against of the City of , by reason of the following : and the said trustee having asked that his said acts be ratified by the creditors at said meeting, and the said creditors having voted to ratify his said acts, it is Ordered, that the acts and proceedings hereinbefore stated to have been taken by the trustee herein, be and the same hereby are in all respects ratified and confirmed. Dated, , ,19... Referee in Bankruptcy. FORMS IN BANKRUPTCY. 261 FORM No. 173. PETITION FOR REMOVAL OF TRUSTEE. United States District Court, District of In Bankruptcy. In the Matter OF Sankrupt. No. To the District Court of the United States, District of : The petition of , a creditor of said bankrupt, whose claim has been filed and allowed herein, respectfully represents that it is for the interest of the estate of said bankrupt that , heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following, to wit: [Here set forth the particular cause or causes for which such removal is requested.] Wherefore, prays that notice be served upon said , trustee as aforesaid, to show cause, at such time as may be fixed by the court, why an order should not be made removing him from said trust. Petitioner. (Verification.) NOTES. Act. Sec. 2, (17). General Orders XIII., XVII. Trustee removable by the judge only. Application made in the first instancelto the court upon notice to trustee. Judge may refer to the referee as such, or as special master. Change of residence of trustee not in itself sufficient ground for removal. In re Seider (D. C. N. Y.), 20 Am. B. R. 708; 163 Fed. 139. Joining with bankrupt in scheme to defraud by means of a composition, grounds for removal. In re Wrisley Co. (C. C. A. 7th Cir.), 13 Am. B. R. 193; 133 Fed. 388; 66 C. C. A. 450. Trustee, when removed for cause, denied personal expenses and commissions. 263 FORMS IN BANKRUPTCY. In re Leverton 19 Am. B. R. 434; 155 Fed. 925. When proof of claim has not been disallowed, trustee may not collaterally attack status of creditor upon petition for removal. In re Roanoke Furnace Co., 18 Am. B. R. 661 ; 152 Fed. 846. When trustee removed, appointment of a new trustee. Scofield V. U. S. ex rel. Bond (C. C. A. 6th Cir.), 23 Am. B. R. 259; 174 Fed. 1. FORM No. 174. ORDER TO SHOW CAUSE THEREON. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. At To , on the y No. day of .,A. D. 19... Trustee of the estate of , bankrupt : You are hereby notified to appear before the Judge of this court, at the Court House, on the day of , A. D. 19. ., at o'clock .... M., to show cause (if any you have) why you should not be removed from your trust as trustee as aforesaid, according to the prayer of the petition of , one of the creditors of said bankrupt, filed in this court on the day of , A. D. 19. ., in which it is alleged (Here insert the allegation of the petition.) Referee {or Clerk.) NOTES. This notice is rarely used. An order to show cause directed to the delinquent trustee is more effective and expeditious. FORMS IN BANKRUPTCY. 263 FORM No. 176. ORDER FOR REMOVAL OF TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF y No. JBankrupt. of , a creditor herein having on the day of , A. D. 19. ., presented his petition to this court, praying that for the reasons therein set forth, , the trustee of the estate of said bankrupt, might be removed : Now, therefore, upon reading the said petition of the said and the evidence submitted therewith, and upon hearing counsel on behalf of said petitioner and counsel for the trustee, and upon the evidence submitted on behalf of said trustee, it is Ordered, that the said be removed from his trust as trustee of the estate of said bankrupt, and that the costs of the said petitioner incidental to said petition be paid by said , trustee (or, out of the estate of the said , subject to prior charges). Witness the Honorable , Judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 19... D.J. 204 FORMS IN BANKRUPTCY. FORM No. 176. RESIGNATION OF TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF Barikrxi'pt. To , Esq., Referee in Bankruptcy. Street, City of Dear Sir: I hereby tender my resignation as trustee of the estate of , bankrupt, and request that same be accepted. I herewith file my report and account as trustee. Respectfully yours, Dated , , 19.. NOTES. Compensation when trustee resigns to avoid odium of removal. In re E. J. Fidler & Son, 23 Am. B. R. 16; 172 Fed. 632, FORMS IN BANKRUPTCY. 265 FORM No. 177. [Official.] ORDER FOR CHOICE OF NEW TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF y No. liai^krupt. At , on the day of , A. D. 19 . . . Whereas by reason of the removal (or the death or resignation) of , heretofore appointed trustee of the estate of said bank- rupt, a vacancy exists in the office of said trustee, it is Ordered, that a meeting of tlie creditors of said bankrupt be held at in , in said district, on the day of A. D. 19. ., for the choice of a new trustee of said estate. And it is further ordered that notice be given to said creditors of the time, place and purpose of said meeting, by letter to each, to be deposited in the mail at least ten days before that day. Referee in Bankruptcy. NOTES. Vacancy in office of Trustee. Sec. 44. General Order XXV. Creditors must be given opportunity to elect. In re Hare, 9 Ara. B. R. 520; 119 Fed. 246. In re Lewensolin, 3 Am. B. R. 299; 98 Fed. 576. On reopened estate. Appointment may not be collaterally attacked. Fowler v. Jenks 11 Am. B. R. 255. Court cannot appoint unless creditors have failed to do so. In re Newton (C. C. A. 8th Cir.), 6 Am. B. R. 52; 107 Fed. 439; 46 C. C. A. 399. 266 FOBMS IN BAII^KRUPTCy. FORM No. 178. DEIiCAND FOR SECURITY FOR COSTS FROM TRUSTEE, PLAINTIFF. Court, County of .., as Trustee in Bankruptcy of • against PlaintiJ^\ and ■ » Defendants. Sir: Please take notice that the plaintiff herein is hereby required forthwith to give security for costs in accordance with the rules and practice of this court on the ground that when this action was commenced, the plaintiff was the, " official assignee or official trustee of a debtor, or an assignee in bank- ruptcy " in an action brought upon a cause of action claimed by him to have arisen, " before the assignment, the appointment of the trustee, or the adjudication in bankruptcy." Dated, , , , 19... Attorney for Defendant, Office and P. 0. Address, Street, City of To Esq., Attorney for Plaintiff, Street, City of FORMS IN BANKRUPTCY. 267 FORM No. 179. ORDER REQUIRING TRUSTEE TO FURNISH SECURITY FOR COSTS. At a Special Term of the Court (Part . . ) of .... held in the Court House in the City of on the day of , 19 . . Present : Hon , Justice. as Trustee in Bankruptcy of Plaintiff, against Defendant. On reading and filing the affidavit of duly verified, and the annexed demand, with proof of due service, and on motion of , attorney for the defendant herein, and it appearing that this action is brought upon a cause of action arising before the appoint- ment of the trustee and the adjudication in bankruptcy herein, it is Ordered, that the plaintiff within days after service of a copy of this order upon his attorney, pay into court the sum of $250 to be applied to the payment of costs, if any, awarded against him, or in lieu thereof, file with the clerk of this court, an undertaking executed to the defendant by one sufficient surety that such surety will pay to the defendant, upon demand, all costs which may be awarded to him in this action, not to exceed the sum of two hundred and fifty dollars, ($350), and also within said days to serve upon the attorney for the defendant, a written notice of such payment or of the filing of such undertaking, and it is Further ordered, that all proceedings on the part of the plaintiff herein, except to review or vacate this order, are hereby stayed until the payment of said sum or the filing of such undertaking and notice thereof, and the allowance of such undertaking, and it is Further ordered, that the time of the defendant to answer, demur, or other- wise move with reference to the complaint herein, be extended until ( ) days after compliance with the terms of this order. Dated, ,19... J. 268 FORMS IN BANKRUPTCY. NOTES. Security for coats (N. Y. Practice). Code of Civil Procedure, Sec. 3268 (4). In a suit upon a cause of action which arose prior to adjudication trustee must furnish security for costs upon demand. Joseph V. Rafif, 9 Am. B. R. 227, 75 App. Div. 447, modf'g Joseph v. IVIarkley, 8 Am. B. R. 18, 73 App. Div. 156. Jordan v. Bridges, 12 Am. B. R. 626, 113 Fed. 107. Cole V. Manson, 42 IST. Y. Misc. 149, 85 N. Y. Supp. 1011. Non resident trustee may be required to furnish under rule of court. O-sborne v. Pennsylvania R. R. Co., 20 Am. B. R. 277. "When a trustee sues to set aside an alleged fraudulent conveyance by the bankrupt, the cause of action is not one, " Arising before the assignment, the appointment of the trustee or the adjudication in bankruptcy " as specified in Code Civ. Pro. sec. 3268 (4). Ryker v. Gwynne (N. Y. Sup.), 21 Am. B. R. 95. The Second Dept. Appellate Division has lately laid dovrn a different rule, viz : " A tmstee in bankruptcy suing to set aside fraudulent conveyances made by the bankrupt will be required to give security for costs pursuant to section 3268 of the Code of Civil Procedure, where it appears that more than six months before the adjudication in bankruptcy the creditors in whose behalf the trustee sues had obtained judgment against the bankrupt and the execution thereon had been returned unsatisfied so that a creditor's suit could have been maintained by them." Kiendl as Trustee, etc. v. Dubroff and others, (App. Div. 2nd Dept.), 136 N. Y. App. Div. 8. Citing. Kronfeld v. Liebman, 78 App. Div. 437. Adsit V. Butler, 87 N. Y. 585. Prentiss v. Bowden, 145 N. Y. 342. See also : Rielly v. Rosenberg, 57 App. Div, (N. Y.) 408. Schreier v. Hogan, 70 App. Div. (N. Y.) 2 Thomas v. Roddy, 19 Am. B. R. 873 ; 122 App. Div. (N. Y.) 851. FORMS i.N BA^KKUrTUY. 269 FORM No. 180. [Official.] TRUSTEE'S RETURN OF NO ASSETS. United States District Court, for the District of In Bankruptcy. In the Matter OF Jiaiikriipt. V No. At , in said district, on the day of , A. D. 19... On the day aforesaid, comes , of , in the County of and State of , and makes oath and says that he, as trustee of the estate and effects of the above named bankrupt, has neither received nor paid any moneys on account of the estate. Trustee. Subscribed and sworn to before me, at , this day of , A. D. 19... 270 FORMS IN BANKRUPTCY. FORM No. 181. TRUSTEE'S REPORT AND FINAL ACCOUNT. United States District Court, for the District of In Bankruptcy. In thk Matter OF bankrupt. No. To Esq., Referee in Bankruptcy : I, , do hereby make and file my final report as trustee of the estate of the above named bankrupt : 1. At the first meeting of creditors of the above named bankrupt, held at the office of the referee on , 19. . I was appointed trustee of the estate of the bankrupt and duly qualified. 2. That on the day of , 19. ., I filed my first report herein and thereafter a first dividend of % was declared and paid to all creditors herein, whose claims had been duly filed and allowed. 3. That all of the property belonging to this estate has now been reduced to cash and the administration thereof practically completed. 4. That the following matters have received my attention since the date of my first report : 5. My final account is hereto annexed and with vouchers in support thereof. By this account it appears that I have received $ and have expended $ , leaving a balance in my hands amounting to, $ All of which is respectfully submitted. Dated , , 19... Trustee. FORMS IN BANKRUPTCY. B71 United States District Court, for the District of In Bankruptcy, In the Matter or bankrupt V No. Final Account of 19 . . I charge myself as follows : Trustee. Total 19 . . I credit myself as follows : Total SUMMARY. Total Receipts, $ Total Disbursements, Balance in hands of trustee, ' $ Dated , ,19... Trustee. NOTES. Act. Sec. 58-a (6). Accounts of tniatee. — Examination of by referee. In re Baginsky. Michel & Co., 2 Am. B. R. 243. Must be complete before settlement allowed. In re Carr, 8 Am. B. R. 635; 116 Fed. 556. In re Hoyt, 9 Am. B. R. 574; 119 Fed. 987. 272 FORMS IN BANKRUPTCY. Deficiency incurred in conducting business of bankrupt allowed as a preferred claim. In re Prince & Walter, 12 Am. B. R. 675; 131 Fed. 546. Final account. Any time subsequent to four months after adjudication. In reEldred, 19 Am. B. R. 53; 155 Fed. 686. In re Bell Piano Co. (N. Y. So. Dist.), 18 Am. B. R. 183; 155 Fed. 272. In re Stein, 1 Am. B. R. 663 ; 94 Fed. 124. When petition to review should be dismissed. In re Scherr, 14 Am. B. R. 794. FORM No. 182. [Official.] OATH TO FINAL ACCOUNT. In the District Court of the United States for the District of In Bankruptcy. In the Matteb OP bankrupt. y No. On this day of , A. D. 19 . . , before me comes , of , in the county of and State of , and makes oath, and says that he was, on the day of , A. D. 19 . . , appointed trustee of the estate and effects of the above-named bankrupt, and that as such trustee he has conducted the settlement of the said estate. That the account hereto annexed containing sheets of paper, the iirst sheet whereof is marked with the letter is true, and such account contains entries of every sum of money received by said trustee on account of the estate and effects of the above-named bankrupt, and that the payments purporting in such account to have been made by said trustee have been so made by him. And he asks to be allowed for said payments and for com- missions and expenses as charged in said accounts. Tmstee. Subscribed and sworn to before me at , in said district of , this day of , A. D. 19. FOKMS 1^' BA:NKRUPTCY. 273 FORM No. 183. OBJECTIONS TO TRUSTEE'S ACCOUNT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankviipt. V No. , a creditor and person interested in the above entitled estate appearing by , his attorney, hereby excepts to the trustee's account filed herein in the following particulars: I. He objects to the following items of expenditure as unnecessary, unwar- rented and unlawful, viz : and asks that the said trustee be surcharged therewith. II. He objects to said account on the ground that the trustee has failed to account for the following assets belonging to this estate : III. He objects to said account on the ground that the said trustee has wasted and negligently lost the following assets belonging to this estate : IV. (Set forth specifically any other objections.) Wherefore, respectfully asks that the said account be not allowed; that the trustee be not discharged until he has accounted for the matters above set forth. Dated 19... Creditor. (Verification.) 2?4 FORMS IN BANKRUPTCY. NOTES. Objections to trustee's account. Trustee bound to use due diligence in collecting assets of estate and may be charged with value of assets lost by failure to use such diligence. In re Cadenas and Coe, 178 Fed. 158. In re Reinboth (C. C. A. 2nd Cir.), 19 Am. B. R. 15; 157 Fed. 672; 85 C. C. A. 340. See, In re Bayley. 177 Fed. 522. An order sustaining objections to a trustee's account and charging trustee with losses reviewable only upon petition for review under section 24-b. In re Moore V. Bridgeman (C. C. A. 5th Cir.), 21 Am. B. R. 651. FORM No. 184. ORDER ALLOWING TRUSTEE COMPENSATION FOR CONTINUING BANKRUPT'S BUSINESS. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. On reading and filing the annexed petition of , trustee of the estate of the above named bankrupt verified , 19 . ., and on motion of attorney for said trustee, it is Ordered, that said be and he is hereby allowed the sum of $ as additional compensation for conducting the business of the bankrupt as stated in the annexed petition of said trustee from the day of 19. ., to the day of ,19... Dated, , ,19... Referee in Bankruptcy. NOTES. Compensation of trustee. Sees. 48(a), (b), (c), (e), 72. Cross references, Sees. 2, (5), 51, (2). General Order XXXV., (3). See, Rule XL. So. Dist. of N. T. Commissions on " All monies disbursed." FORMS IN BANKRUPTCY. 275 Application determined by law as it stood at time of appointment. In re Screws, 17 Am. B. R. 269; 147 Fed. 989. No compensation for legal services rendered as trustee. In re McKeuna, 15 Am. B. R. 4; 137 Fed. 611. In re Felson (D. C. N. Y.), 15 Am. B. R. 185; 139 Fed. 275. "Extra compensation," contra. In re Halbert ic Co., 13 Am. B. R. 399; 134 Fed. 236. In re Coventry -Evans Furniture Co. (D. C. N. Y.), 22 Am. B. R. 623; 171 Fed. 673. In re Hart & Co. (D. C. Hawaii), 17 Am. B. R. 480. In re Shiebler & Co. (C. C. A. 2nd Cir ), 23 Am. B. R. 162; 174 Fed. 336. " Extra compensation," Pro. In re Plumner (D. C. K Y.), 3 Am. B. R. 320. In re Pequod Brewing Co. (D. C. N. Y.), 18 Am. B. R. 352. In re Dimm & Co. (D. C. Pa.). 17 Am, B. R. 119; 146 Fed. 402. [Question of extra compensation is now fixed by Amendments of 1910, Sees. 48 (e) 72 as amended.] In encumbered properly. In re Sanford Furniture Mf'g Co., 11 Am. B. R. 414; 126 Fed. 888. In re Muhlhauser Co., 9 Am. B. R. 80. In re Cramond (D. C. N. Y.). 17 Am. B. R. 22; 145 Fed. 966. When no surplus. Smith V. Township of Au Gres (C. C. A. 6th Cir.), 17 Am. B. R. 745; 150 Fed. 257; 80 C. C. A. 145. In re Boulier Cornice and Roofing Co., 13 Am. B. R. 585; 133 Fed. 958. None on secured creditors claim. In re Anders Push Button Telephone Co. (D. C. N. Y.). 13 Am. B. R. 643; 136 Fed. 995. 214. "When entitled to full commissions. In re Morse Iron Works and Dry Dock Co. (D. C. N. Y.), 18 Am. B. R. 846; 154 Fed. Court has no power to fix trustee's extra compensation in advance of services. In re W. W. Russell Card Co., 23 Am. B. R. 300; 174 Fed. 202. Commissions on exempt property. In re Castleberry (D. C. Ga.), 16 Am. B. R. 430; 143 Fed. 1018. Trustee removed for misconduct denied compensation. In re Leverton (D. C. Pa.). 19 Am. B. R. 434; 155 Fed. 931. Contract for extra compensation made with creditor void as against public policy. Devries v. Orem (Ct. of App. Md.), 17 Am. B. R. 876; 65 Atl. 430. 276 FORMS IN BANKRUPTCY. FORM No. 185. TRUSTEE'S FINAL REPORT. United States District Court, District of . . . In Bankruptcy. In the Mattee OP Bankrupt. y No. To Esq., Referee in Bankruptcy : I, , trustee in bankruptcy of the above named bankrupt do hereby report that on the day of 19 . . , an order was duly made herein passing my accounts as trustee herein and directing me to make certain payments, and that pursuant to said order I have made the payments directed therein and file herewith the vouchers in support thereof. I further report that there are now no assets in my hands as trustee and no other assets are discoverable. Wherefore, I respectfully pray that an order be made herein discharging me of my trust and cancelling my bond. Dated, , , 19. .. Trustee. (Verification.) FORMS IN BANKRUPTCY. FORM No. 186. ORDER DISCHARGING TRUSTEE. United States District Court, District of . . . . In Bankruptcy. In the Matter OF Bankrupt, V No. An order having been heretofore made in this proceeding passing the account of , the trustee herein, and directing him to make cer- tain payments, and the said trustee having filed in the office of the referee his final report, with the vouchers in support thereof, showing that the payments directed by said order have been duly made, and that he has no further assets in his hands and none are discoverable, it is Ordered, that the said report be and the same hereby is allowed as filed, and the said trustee hereby discharged of his trust, and his bond as trustee directed to be cancelled. Dated, , ,19... Referee in BanJcruptcij. NOTES. Power to vacate order discharging trustee. Brown v. Persons (C. C. A. 3rd dr.), 10 Am. B. B. 416; 123 Fed. 212; 58 C. C. A. 658. TITLE YI. EXAMINATION OF WITNESSES AND DEPOSITIONS DE BENE ESSE. FOBM No. 187. Petition by Eeceiver for Examination under Sec. 21a before Spe- cial Commmissioner. 188. Order for Examination. 189. Order for Examination of Bankrupt. 190. Petition by Trustee for Order of Examination, and that Subpoena issue. 191. Order for Same. 192. Petition tiiat U. S. Marshal produce Prisoner for Examination. 193. Order thereon. 194. Subpoena to appear before Special Commissioner. 195. Subpoena Ticket. 196. vSummons to appear before Eeferee. 197. Subpoena duces tecum. 198. Return of Summons to Witness. 199. Examination of Bankrupt or Witness. 200. Notice of taking Deposition (de bene esse). 201. Deposition {de bene esse). 202. Certificate of Commissioner or Notary Public thereon. FORM No. 187. PETITION BY RECEIVER FOR EXAMINATION UNDER SEC. 21-a BEFORE SPECIAL COMMISSIONERS. United States District Court, District of In Bankruptcy. In the Matter OF bankrupt. y No. To the District Court of the United States, for the District of 27S FORMS IN BANKRUPTCY. 279 The petition of respectfully shows and alleges : 1. That on or about the day of , 19 . ., a petition in involuntary bankruptcy was filed by certain creditors against the above named bankrupt and on said day your petitioner was duly appointed temporary receiver in bankruptcy and has duly qualified and is now acting as such receiver. (That an order of adjudication was entered herein on the day of 19...) 2. That the assets belonging to the estate consist of the following : and your petitioner has had considerable difficulty in collecting and obtaining possession of same; and although he has endeavored to ascertain the exact condition of this property and other matters pertaining to the bankruptcy proceedings from the bankrupt, he has been unable either to get possession of the books, or to acquire sufficient information to enable him to proceed with the collection of the accounts. 3. That of and of were employees of (or had business relations) with the bankrupt and your petitioner believes have certain information of value to the administration of this estate. 4. That without an early examination of the designated persons, concern- ing the acts, conduct and property of the bankrupt whose estate is in process of administration, your petitioner fears he will have great difficulty in collect- ing the outstanding accounts, recovering property and otherwise properly administering the estate. Wherefore, your petitioner prays for an order, under Section 21-a of the United States Bankruptcy Act, requiring and to appear before a special commissioner of this court and be examined con- cerning the acts, conduct and property of the bankrupt whose estate is in process of administration. Petitioner. (Verification.) 280 FORMS IN BANKRUPTCY. FORM No. 188. OKDER FOR EXAMINATION THEREON. At a Stated Term of the District Court of the United States for the District of held at the United States Court House, City of , on the day of 19 . . . Present : Hon District Judge. In the Matteb OF Bankrupt. On reading and filing the petition of , temporary receiver herein, verified the day of , 19 . ., the petition in bankruptcy and all the proceedings heretofore had herein and sufficient reason appearing to me therefor, on motion of , attorney for said receiver, it is Ordered, that , of , appear before Esq., who is hereby appointed Special for that purpose, and be examined concerning the acts, conduct and the property of the said bankrupt, whose estate is in process of administration, and the clerk of this Court is hereby authorized to issue a subpoena to secure the attendance of such witness. Z>. J, NOTES. Ezamination of witnesBes. Sec. 21-a. 7 (9). Cross References. Sees. 20. 38(2) (5) 39 (5) (9) 41a (3) (4) 58a (1). General Orders IV. X, XII (1), XXII. Authority for Examination under 21-a. The Circuit Court of Appeals for the third Circuit has held that such examination is FORMS IN BANKRUPTCY. 281 not authorized prior to adjudication on the theory that until then, the estate is not in " Process of administration." Skubinsky v. Brodek et al.. 22 Am. B. R. 689; 172 Fed. 332. To same effect. In re Crenshaw (D. C. Ala.), 19 Am. B. R. 266; 155 Fed. 271. In re Davidson (D. C. Mass.), 19 Am. B. R. 833; 158 Fed. 678. Contra. In ru Fleischer (D. C. N. Y.), 18 Am. B. R. 194; 151 Fed. 81. Within discretion of Court. In re Andrews, 12 Am. B. R. 267; 130 Fed. 383. Special Commissioner may administer oath to witness. Wechsler v. U. S., 19 Am. B. R. 1 ; 158 Fed. 579; 86 C. C. A. 37. When application to be made to Referee. In re Abbey Press (C. C. A. 2nd Cir.), 13 Am. B. R. 11; 134 Fed. 51; 67 C. C. A. 161. Who may apply for examination. The bankrupt, creditor or any officer may apply. "Officer" includes receiver. In re Fi.xen, 2 Am. B. R. 822; 96 Fed. 748. Even though creditor has not proved his claim. In re Rose, 19 Am. B. R. 169. In re Walker, 3 Am. B. R. 35; 90 Fed. 550. In re Jehu, 2 Am. B. R. 498; 94 Fed.638. In re Samuelsohn, 23 Am. B. R. 528; 174 Fed. 911. See Collier on Bankruptcy (7th Ed.), 522. But not before adjudication in some states. In re Davidson (Mass.), 19 Am. B. R. 833; 158 Fed. 678. In re Andrews, 12 Am. B. R. 267; 130 Fed. 383. See, In re Kuffler, 18 Am. B. R. 587: 153 Fed. 667. After estate is closed, examination of third persons cannot be had. In re Cobb. 7 Am. B. R. 104. In re Sumner, 4 Am. B. R. 123; 101 Fed. 224. Who may be examined. Any designated person. In re Pursell. 8 Am. B. R. 96; 114 Fed. 371. People's Bank v. Brown (C. C. A. 3rd Cir.), 7 Am. B. R. 475; 112 Fed. 652; 50 C. C. A. 411. Person liable to suit may be examined. In re Cliffe, 3 Am. B. R. 257; 97 Fed. 540. Examination of wife of bankrupt since amendment of 1903. What latitude allowed. In re Worrell. 10 Am. B. R. 744; 125 Fed. 159. Validity of Order. In re Howard, 2 Am. B. R. 582; 95 Fed. 415. Witness not entitled to counsel as matter of right. In re Cobb, 7 Am. B. R. 104. In re Howard (»upra). In re Abbey Press (C. C. A. 2nd Cir.) {supra). Bankrupt entitled to counsel. In re Hark Bros., 14 Am. B. R. 624; 134 Fed. 986. Ancillary Order for Examination authorized. In re Sutter Bros., (D. C. N. Y.), 11 Am. B. R. 632; 181 Fed. 654. In re Sturgeon (C. C. A. 2d Cir.), 14 Am. B. R. 681; 139 Fed. 608; 91 C. C. A. 592. In re Madison Steele Co. (Elkus Petitioner, (U. S. Sup.), citing Babbitt v. Dutcher), 23 Am. B. R. 614. Contra. In re Williams, 10 Am. B. R. 538; 123 Fed. 321. Scope of examination. Great latitude allowed. 282 FORMS IN BANKRUPTCY. In re Horgan & Slattery (C. C. A. 2nd Cir.), 3 Am. B. R. 253; 98 Fed. 414; 39 C. C. A. 118; all'g, s. c. 97 Fed. 319. In re Foerst, 1 Am. B. R. 259; 93 Fed. 190. In re Pittner, 2 K B. N. Rep. 915. In re Carley, 5 Am. B. R. 554 ; 106 Fed. 862. In re Hayden, 1 Am. B. R. 670; 96 Fed. 199. In re Brundage, 4 Am. B. R. 47; 100 Fed. 613. In re Fixen, 2 Am. B. R. 822 ; 96 Fed. 748. Wechsler v. U. S. (C. C. A. 2nd Cir.), 19 Am. B. R. 1 ; 158 Fed. 579; 86 C. C. A. 37. Examination not extended to property acquired after filing of petition. In re Hayden (supra). In re White, 2 N. B. N. Rep. 536. But see, In re "Walton, 1 N. B. N. 533. Criminating questions. In re Kanter & Cohen, 9 Am. B. R. 104; 117 Fed. 356. In re Hooks Smelting Co., 15 Am. B. R. 83; 138 Fed. 954; In re Scott, 1 Am. B. R. 49; 95 Fed. 815; In re Rosser. 2 Am. B. R. 755; 96 Fed. 305; In re Hathorn, 2 Am. B. R. 298 ; In re Walsh, 4 Am. B. R. 693; 104 Fed. 518. Mackel v. Rochester (C. C. A. 9th Cir.), 4 Am. B. R. 1; 102 Fed. 314; In re Henschel, 7 Am. B. R. 207; In re Shera, 7 Am. B. R. .552; 114 Fed. 207. In re Nachman, 8 Am. B. R. 180; 114 Fed. 995. In re Franklin Syndicate, 4 Am. B. R. 511 ; 114 Fed. 205. U. S. V. Brod, 23 Am. B. R. 740; 176 Fed. 165. When court should compel bankrupt to answer. In re Levin, 11 Am. B. R. 382; 131 Fed. 388. Committed for contempt for defective memory. In re Schulman, 21 Am. B. R. 288; 160 Fed. 237; aff'd 23 Am. B. R. 809; 177 Fed. 191. Does not exempt bankrupt from prosecution if he voluntarily testifies. Burrell v. State, 12 Am. B. R. 132; 194 U. S. 572; 48 L. Ed. 1122; aff'g 27 Mont. 283; U. S. V. Simon, 17 Am. B. R. 41 ; 146 Fed. 89. Privileged communications. In re Ruos, 20 Am. B. R. 281 ; 159 Fed. 252. People's Bank v. Brown (C. C. A. 3rd Cir.) (supra). In re Jefferson, 3 Am. B. R. 174; 96 Fed. 826; In re Mayer, 3 Am. B. R. 222; 97 Fed. 328. Person to be examined not entitled to notice of application, nor creditors. In re Abbey Press (C. C. A. 2nd Cir.) (supra). In re Abrahamson & Bretstein, 1 Am. B. R. 44. Use of examination in other proceedings. Wechsler v. U. 8. (C. C. A. 2nd Cir.), 19 Am. B. R. 1; 158 Fed. 579; 86 C. C. A. 37; rev'g 16 Am. B. R. 1. In re Wilcox, 6 Am. B. R. 362; 109 Fed. 628. In re Alphin & Lake Cotton Co., 12 Am. B. R. 653, 131 Fed. 823. Breckons v. Snyder, 15 Am. B. R. 112; 211 Pa. St. 176. In re Shaw, 6 Am. B. R. 499; 109 Fed. 780; In re Keller, 6 Am. B. R. 334; 109 Fed. 118. FORMiS IX BAXKKUFTCY. 383 FORM No. 189. [Offinal] ORDER FOR EXAMINATION OF BANKRUPT. In the District Court of the United States for the District of In Bankruptc5^ In the Matter OF y No. Bankrupt. At , on the day of , A. D. 19. .. Upon the application of , trustee of said bankrupt \^or creditor of said bankrupt], it is ordered that said bankrupt attend before , one of the referees in bankruptcy of this court, at on the day of , at .... o'clock in the noon, to submit to examination under the Acts of Congress relating to bankruptcy, and that a copy of this order be delivered to him, the said bankrupt, forthwith. Referee in Bankruptcy. NOTES. This form is little used. As a matter of practice the bankrupt is examined at the first meeting of creditors or adjournments thereof. Examination of bankrupt. In re Mellen, 3 Am. B. R. 226; 97 Fed. 326. His duty to testify fully. In re Fellerman, 17 Am. B. R. 785; 159 Fed. 244. In re Jacobs & Roth, 18 Am. B. R. 728; 1.54 Fed. 988. May be punished for persistent evasive answers. In re Singer, 23 Am. B. R. 28, Correction of testimony. In re Hark Bros., 14 Am. B. R. 624; 136 Fed. 986. How testimony taken is in discretion of referee. In re Goldstein, 19 Am. B. R. 96; X^T, Fed. 695. Governed largely by local district rules. Dressell v. North State Lumber Co., 9 Am. B. R. 541 ; 119 Fed. 531. In re Sturgeon (C. C. A. 2nd Cir.), 14 Am. B. R. 681 ; 139 Fed. 608; 71 C. C. A. 592. 284 FORMS IN BANKRUPTCY. In re Lange, 3 Am. B. R. 231; 97 Fed. 197; In re Tudor, 4 Am. B. R. 78; 100 Fed. 796; In re Isaacson (D. C. N. Y.), 23 Am. B. R. 665. For framing specifications upon discharge. In re Price, 1 Am. B. R. 419; 91 Fed. 635. Examination of bankrupt after discharge and while estate is in process of administration. In re Westfall Bros. & Co., 8 Am. B. R. 431. See, In re Peters. 1 Am. B. R. 248. FORM No. 190. PETITION BY TRUSTEE FOR ORDER OF EXAMINATION AND FOR SUBPOENA. United States District Court, for the District of In Bankruptcy. In the Matter 07 Banhrupt. No. To , Esq., Referee in Bankruptcy. The petition of respectfully shows : 1. That he is the trustee herein, duly qualified and acting. 2. That the bankrupt in this proceeding is said to have absconded and left the jurisdiction and has not been present at any meeting of creditors. That the books of account have not come into the possession of the trustee, and your petitioner has been able to obtain but little information concerning the con- dition of this estate. 3. That in the opinion of your petitioner, , an attorney of No , , , and , former employees of said bankrupt, have certain information concerning the acts, conduct of said bank- rupt and the property of the said bankrupt estate now in process of administra- tion and that the persons aforesaid are in possession of certain papers which properly belong to this estate. FORMS IN BANKRUPTCY. 285 Wherefore, petitioner prays for an order under Section 21-a of the Bank- ruptcy Act requiring the above named persons to appear before the referee and be examined concerning the acts, conduct of the bankrupt and the property belonging to the bankrupt estate and that a subpoena be issued by the clerk of this court directed to such persons. Petitioner. (Verification.) FORM No. 191. ORDER FOR EXAMINATION AND THAT SUBPOENA ISSUE. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankriqyt. y No. On reading and filing the petition of , the trustee herein, duly verified, and on motion of , attorney for said trustee, it is Ordered, that and , appear before me for examination concerning the acts, conduct and property belonging to the bankrupt estate herein now in process of administration, at my office, No Street, City of , and that a supcena be issued by the clerk of this court directed to suoh persons re- quiring them to be present at the time designated in said subpoena. Dated , , , , 19. .. Referee in Bankruptcy. 286 FORMS IN BANKRUPTCY. FORM No. 192. PETITION THAT V. S. MARSHAL PRODUCE PRISONER FOR EXAMINA- TION. United States District Court, for the District of In Bankruptcy. In the Matter OP Ap2)allent. To the District Court of the United States for the District of : The petition of respectfully and alleges: That he is the receiver of the above named alleged bankrupt. That hereto- fore, and on the day of , 19 . ., an order was duly made and entered herein appointing , Esq., as Special Com- missioner, to take the examination of , , , and others, and directing said persons named to appear before said Commissioner at a time and place thereafter to be fixed, to be there and then examined under oath concerning the acts, conduct and property of the alleged bankrupt, and that a subpoena issue to said persons directing them so to appear. That thereafter a subpoena was duly issued by the clerk of this court in accordance with the said order, returnable on the day of .... , 19 . . , at o'clock in the noon before said commissioner at his office, No , City of That said subpoena has not been served upon said , , and by reason of the fact that they, and each of them, are now in the custody of the United States marshal for the District of on warrants of arrest issued by a United States commissioner charging them, and each of them, with the commission of a crime and they, and each of them, are confined by said mar- shal in the prison, in the City of , there to await the action of the Federal Grand Jury. That your petitioner is desirous of examining the persons named in ae- FORMS IN BANKRUPTCY. 287 cordanee with the order heretofore entered herein, and respectfully prays this Honorable Court, that an order be made and entered .herein directing the said United States marshal to produce said persons named before said com- missioner at said time and place for examination under the provisions of Section 21-a of the Acts of Congress relating to bankruptcy, and in pursuance of the subpoena duly issued for that purpose. And your petitioner will ever pray. Petitioner. (Verification.) FORM No. 193. ORDER THAT MARSHAL PRODUCE PRISONER FOR EXAMINATION. At a Stated Term of the United States District Court, held in and for the of , at the Court House in the City of , on the day of 19 . . . Present : Hon D.J. In the Matter OP bankrupt No. Upon reading and filing the annexed petition of , duly verified, it is, on motion of , Attorney for peti- tioner, Ordered, that , the United States Marshal for tlie District of , be, and he hereby is, directed to bring and produce , , and before , Esq., a commissioner of this court, at his office No. in the City of , on the day of , 19 . ., at o'clock in the noon of said day, to 288 FORMS IN BANKRUPTCY. testify all and singular with reference to the acts, conduct and property of ., , bankrupt, and at such other times and places as the said commissioner may direct. D.J. FORM No. 194. SUBPOENA TO APPEAR BEFORE SPECIAL COMMISSIONER. The President of the United States of America, to Greeting : We command you, that all and singular business and excuses being laid aside, you and each of you be and appear in your proper persons, before .... a Commissioner appointed by the District Court of the United States of America for the Dis- trict of in the Circuit, at his office at the U. S. Court House in the City of , in the said District of , on the day of one thousand nine hundred and at o'clock in the noon of the same day, to testify all and singular what you and each of you may know in a certain now depending undetermined in the of the United States, for the District of wherein on the part of the And this you or either of you are not to omit, under the penalty upon each and every of you, of Two hundred and fifty dollars. Witness, Hon , Judge of the District Court of the United States, at the City of , the day of in the year of our Lord one thousand nine hundred and Clerh. FORMS IN BANKKUPTOY. 889 FORM No. 195. SUBPOENA TICKET. By virtue of a writ of subpoena, to you directed and herewith shown, you are commanded and firmly enjoined, that laying all other matters aside and notwithstanding any excuse, you be and appear in your proper person before a Commissioner duly appointed by the District Court of the United States of America, for the District of , at his office, at the U. S. Court House in the City of , on the day of at o'clock in the noon of the same day, to testify all and singular you may know in a certain cause now pending in the Court of the United States for the District of wherain on the part of the And this you are not to omit under the penalty of Two hundred and fifty dollars. Dated this day of 19 . . . By the Court. To NOTES. Subpoena to appear and testify. Territorial effect. In re Hemstreet, 8 Am. B. R. 760; 117 Fed. 568. In re Cole (D. C. Me.), 13 Am. B. R. 300; 133 Fed. 414. Witness fee $1.50, and mileage. Payment of fees. In re Johnson & Knox Lumber Co. (C. C. A. 7th Cir.), 18 Am. B. R. 50; 151 Fed. 207; 80 C. C. A. 259. In re Marcus (D. C. Vt.). 20 Am. B. R. 397; 160 Fed. 229. Proof of service by return of marshal or affidavit. Disobedience of subpa?na. In re Boeshore, 10 Am. B. R. 802. "Where there has been no payment or tender of expenses and fees to a witness sub- poenaed to appear before a referee at a place more than 100 miles from the place of his residence no attachment for disobedience should issue. In re Kerber, 10 Am. B. R. 747. 290 FORMS IN BANKRUPTCY. FORM No. 196. SUMMONS TO WITNESS TO APPEAR BEFORE REFEREE. In the District Court of the United States, for the District of To Whereas of , in the County of and State of has been duly adjudged bankrupt, and the proceeding in bankruptcy is pending in the District Court of the United States for the District of , These are to require you, to whom this summons is directed, personally to be and appear before , one of the referees in bankruptcy of the said court, at , on the day of at o'clock in the noon, then and there to be examined in relation to said bankruptcy. Witness the Honorable , Judge of said court, and the seal thereof, at the City of , this day of A. D. 19... Clerk. FORMS IN BA^KKUrXCY. 291 FORM No. 197. SUBPOENA DUCES TECUM. The President of the United States of America, To Greeting : We Command You, That, all business and excuses being laid aside, you appear and attend before for the District of , at in the United States Court , in the City of , on the day of at o'clock in the noon, to testify and give evidence in a certain now pending undetermined in the said Court, (between) on the part of the and that you bring with you and and produce at the time and place aforesaid, a certain [Here specify books, papers, documents, etc.] now in your custody, and all other deeds, evidences and writings which yon have in your custody or power concerning the premises. And for a failure te attend, you will be deemed guilty of contempt of Court, and liable to pay all losses and damages sustained thereby to the party aggrieved, and forfeit Two hundred and fifty dollars in addition thereto. Witness, The Honorable , Judge of the District Court of the United States for the District of , the day of in the year of oar Lord one thousand nine hundred and > Attorney, Clerk. 292 FOKMi!^ IN BANKRUPTCY. NOTES. Production of books and papers. lu re Hess, 14 Am. B. K. 559 ; 134 Fed. 109. In re Hart, 14 Am. B. R. 624 ; 136 Fed. 986. In re Rosenblatt, 16 Am. B. R. 306 ; 143 Fed. 668. In re E. S. Wlieeler & Co. (C. C. A. 2nd Cir.), 19 Am. B. R. 461 ; 158 Fed. 603 ; 85 C. C. A. 425 ; rev'g 18 Am. B. R. 421 ; lu re Sapiro, 1 Am. B. R. 296 ; 92 Fed. 340. In re U. S. Graphite Co. (D. C. Pa.), 20 Am. B. R. 280 ; 161 Fed. 683. As to criminating entries. In re Harris (D. C. N. Y.), 20 Am. B. R. 911 ; 164 Fed. 292. Waiver of self-incriminating testimony by surrender of books to bankruptcy officer. In re Tracy & Co., 33 Am. B.R. 438;177 Fed. 532. Sworn statement to tax assessor. In re Reid, 17 Am. B. R. 477 ; 155 Fed. 933. Failure to produce, punishable as a contempt. In re Alper (D. C. N. Y.), 19 Am. B. R. 612 ; 162 Fed. 207. Ancillary order. Where a court of bankruptcy may act summarily, another court of bankruptcy has ancillary jurisdiction and may make the same order in aid of the court of original juris- diction and may order officers of the bankrupt corporation who are within its jurisdiction to deliver to the trustee books and papers of the corporation in their custody. Babbitt, Trustee v. Dutcher et al. (U. S. Sup.), 23 Am. B. R. 519; 216 U. S. 102; 30 Sup. Ct. Rep. 372. See, Amendments of 1910, Sec. 2 (20). FORMS IN BANKRUPTCY. 293 PORM No. 198. [Official.] RETURN OF SUMMONS TO WITNESS. In the District Court of the United States for the District of In Bankruptcy. In the Matteb 07 JBankrupt y No. On this day of , A. D.19. ., before me comes , of , in the county of and State of , and makes oath, and says that he did, on , the day of A. D. 19.., personally serve , of , in the County of and State of , with a true copy of the summons hereto annexed, by delivering the same to him ; and he further makes oath and says that he is not interested in the proceeding in bankruptcy named in said summons. Subscribed and sworn to before me, this A. D. 19... day of 294 FORMS IN BANKRUPTCY. FORM No. 199. [Offlcial.] EXAMINATION OF BANKRUPT OR WITNESS. United States District Court, for the District of In Bankruptcy. In" the Matter OF bankrupt. y No. At in said district, on the day of A. D., 19. ., before , one of the referees in bankruptcy of said court, being duly sworn and examined at the time and place above mentioned, upon his oath says : [Here insert substance of examination of party.] Subscribed and sworn to before me this day of 19 . .. Referee in Bankruptcy. NOTES. Testimony. Testimony of bankrupt a part of the record and creditors are entitled to access to it. In re Samuelsohn, 23 Am. B. R. 528. FOKMS IN BANKKUPiOY. 395 FORM No. 200. NOTICE OF TAKING DEPOSITION (DE BENE ESSE) United States District Court, for the District of ......#. » In Bankruptcy. In the Matter or Bankrupt No. Please take notice that and witnesses whose testimony is necessary in this proceeding and who reside at a greater distance than 100 miles from the district in which this proceeding is pending, will be examined (de bene esse) on the part of (or the place of trial herein) in this proceeding before Esq., Commissioner (or Notary Public) (duly ap- pointed for, etc.) at his office No St. in the City of on the day of , 19 . . , at o'clock in the noon, at which time and place you are hereby notified to be present and put interrogatories, if you shall think fit. Dated, , the day of , 19. .. Yours, etc., Attorney for (Address). To ., Esq., Attorney for (Address.) 296 FOKMS IN BANKRUPTCY. FORM No. 201. DEPOSITION (DE BENE ESSE.) United States District Court, for the District of In Bankruptcy. In the Matter OP bankrupt. y No. United States of America/ District of ... . State of County of > ss. On this day of > 19. ., before me , a commissioner duly appointed for the District of under and by virtue of the Act of Congress (or a Notary Public in and for the County of , State of , duly qualified and acting) personally appeared at my office in the City of in said District of , a witness on the part of in a certain bankruptcy proceed- ing now depe iding and undetermined in the District Court of the United States, for the district of , wherein is the bankrupt. And the said having been by me first cautioned and sworn to testify the whole truth, did thereupon depose and say : Taken, subscribed and sworn to before me the .... day of . . . ., ...., 19... FORMS IN BANKRUPTCY. 297 NOTES. Depositions.— U. S. Revised Statutes, Sees. 863-865. Usual ujetlidd of obtaining testimony of necessary witnesses at a distance greater than 100 miles from district where proceeding is pending; does not exclude more formal method of a commission to take testimony regulated by Equity Rule LXVII. In re Hemstreet. 8 Am. B. R. 760; 117 Fed. 568. In re Cole, 13 Am. B. R. 300; 133 Fed. 414. Depositions de bene esse. Not received in evidence vmless provisions of Statute are strictly followed. May be taken before any judge of a court of the United States, or any U. S. conmiis- sioner, clerk of a district or circuit court or any notary public not being of counsel or attorney to any of the parlies to the proceedings nor interested in the event. May also be taken without the United States before consular oflicer. Reasonable written notice to adverse party is required. Attendance of witness compelled by subpcena. FORM No. 202. CERTIFICATE OF COMMISSIONER OR NOTARY PUBLIC THEREON. United States of America, ) District of \ State of County of I, , a Notary Public duly appointed in and for the County of and State of , [or U. S. Commis- sioner] duly authorized under and by virtue of the acts of Congress of the United States, and of the Revised Statutes of the United States to take deposi- tions, affidavits and bail in civil causes, depending in the courts of the United States, do hereby certify, that the reason for taking the foregoing depositions is, and the fact is, that the testimony of the witnesses, and , is material and necessary in the proceeding in the caption of the said depositions named, and that they reside more than 100 miles from the district where the proceedings are pending. I further certify, that due notification of the time and place of taking the said depositions was served upon , attorneys for , requiring them to be present at the taking of the deposition and to put inter- rogatories if he or they might think fit, of which a copy is hereto annexed, with due proof of service on said attorneys ; and that on the day of , in the year ,1 was attended by , Esq., and by witnesses who were of sound mind and lawful age, and the witnesses were by me first carefully examined and cautioned, and sworn to testify the truth, the whole truth and nothing but the truth, and the deposi- tions were by me reduced to writing, in the presence of the witnesses, and from 298 FORMS IN BANKRUPTCY. their statements, and after carefully reading the same to the witnesses, they subscribed the same in my presence. I have retained the said depositions in my possession for the purpose of forwarding the same with my own hand to , Esq., Clerk of the United States District Court for the District of the Court for which the same are taken. And I do further certify, that I am not of counsel or attorney for either of the parties in the said deposition and caption named, nor in any way interested in the event of the cause named in the said caption. In testimony whereof, I have hereunto set my hand and seal, this day of , in the year of our Lord one thousand, nine hun- dred and Notary Public Co. [or U. S. Commissioner District of ] TITLE VII. SALES. FoBM No. 203. Petition for Appraisal and Sale at Auction by Receiver before Adjudication. 204. Order upon same. 205. Petition for Appraisal and Sale by Receiver after adjudication upon Sealed Bids. 206. Order upon same. 207. Notice of Sale by Receiver. 208. Notice of Sale by Receiver on Sealed Bids. 209. Petition by Receiver for Sale of Perishable Property. 210. Notice of Sale by Trustee. 211. Petition for Private Sale by Trustee. 212. Order for Private Sale by Trustee. 213. Petition for Sale at Auction of Real Estate. 214. Order for Sale at Auction of Real Estate. 215. Petition and Order by Referee for Sale of perishable Property without Notice. 216. Petition and Order for Sale subject to Lien. 217. Petition for Sale free and clear of Liens. 218. Notice of Motion for Sale free and clear of Liens. 219. Order directing Sale free and clear of Liens. 220. Petition to confirm Sale. 221. Order confirming Sale. 222. Trustees Memorandum, " Terms of Sale." 223. Notice of Taxation Auctioneer's Charges 224. Order for Resale on Default of Purchaser. 225. Order to show cause to vacate Sale. 300 FORMS IN BANKRUPTCY. FORM No. 203. PETITION FOB APPRAISAL. AND SALE AT AUCTION BY BECEIVEB BEFORE ADJUDICATION. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged bankrupt. No. To the District Court of the United States, for the District of : The petition of respectfully shows : 1. That by an order of this court, dated the day of , 19. ., your petitioner was duly appointed temporar}'- receiver of the property of the above named alleged bankrupt, has duly qualified and is now acting as such receiver. 2. That your petitioner as receiver is in possession of the property of the said alleged bankrupt, consisting of upon the premises No , City of , where the bankrupt carried on business as That your petitioner has closed the business and placed a custodian in charge of the premises. 3. That the property consists of the following : and petitioner believes that it is absolutely necessary and for the best interests of the creditors of the above named alleged bankrupt that all of the said property should be sold without delay. [Here set forth any reasons necessitat- ing a sale and showing property to be perishable.] (That the rent for the past month amounting to $ has not been paid, and the landlord is endeavoring to force the receiver to vacate the premises.) That the said property is bulky and difficult to move, and in the opinion of your petitioner should be sold upon the premises. FORMS IN BANKRUPTCY. 301 4. That the consent of the alleged bankrupt to said sale is hereto annexed, 5. No previous application has been made for the order asked for herein. Wherefore, your petitioner prays for an order appointing appraisers of the property, assets and effects belonging to the above named estate, and that your petitioner be authorized to sell said property, assets and effects at public auc- tion, pursuant to the rules of this court. Dated , , 19. .. Petitioner. (Verification.) I hereby consent to the entry of an order of sale of the assets and effects of said alleged bankrupt. Dated , , 19. .. Attorney for Alleged Bankrupt. FORM No. 204. ORDER FOR APPRAISAL AND SALE BEFORE ADJUDICATION. At a Stated Term of the United States District Court, held in and for the District of , at the Court House in the City of , on the day of , 19... Present : Hon. District Judge. In the Matter OF Alleged Bankrupt. V No. On reading and filing the annexed petition of , temporary receiver of the above named alleged bankrupt duly verified, and upon all the proceedings had herein, and upon the annexed consent of , attorney for said alleged bankrupt, and on motion of , attorney for said receiver, it is 302 FORMS IN BANKRUPTCY. Ordered, that , , and , all of the City of , three disinterested persons, be and they hereby are appointed appraisers to appraise the property of the alleged bank- rupt; said appraisers to be duly sworn, and to report the result of their appraisal in writing to the Court with all convenient speed and It is further ordered, that said , the receiver of the above named alleged bankrupt, be and he hereby is authorized and directed to sell at public auction, pursuant to the rules of this court, all of the personal property belonging to this estate so appraised. D.J. FORM No. 205. PETITIOX FOR APPRAISAL AND SALE BY RECEIVER AFTER ADJU- DICATION UPON SEALED BIDS. United States District Court, for the ^ District of In Bankruptcy. In the Matter OP bankrupt y No. To the Honorable Judge of the District Court of the United States : For the District of : The petition of , respectfully alleges and shows : 1. That on , 19. ., he was duly appointed temporary receiver in bankruptcy of the estate of the above named bankrupt and required to file a bond in the penalty of $ ; that thereafter he filed his bond in the penalty required, and has continued to act and is still acting as such receiver. 2. That , the bankrupt above named, was engaged in business in the City of ; that upon qualif}'- ing as receiver, your petitioner took charge of the above named premises and all the assets therein contained ; that by the order appointing your petitioner FORMS IN BANKRUPTCY. 303 receiver- herein, he was authorized to continue the business for a period of days from the date thereof; that in pursuance of the authority so vested in your petitioner, he continued to carry on the business of the bankrupt upon the above premises. That the assets of the bankrupt, so far as your petitioner has been able to discover, consist of the following property contained in the premises , City of , 3. That the said was duly adjudicated a bankrupt on the day of , 19 . . ; that some time must necessarily elapse before there can be a first meeting of creditors, election of a trustee and a sale by such trustee : Tiiat the business at present is being con- ducted at a loss and in the opinion of your petitioner is not profitable; that it would be a mistake to allow the assets, belonging to the estate herein, to remain unsold until same could be sold by a trustee, and that such delay would involve great loss and expense to this estate, inasmuch as the value of the estate depends upon keeping the business as a going concern and the property is rapidly deteriorating in value, 4. That your petitioner verily believes that it would be for the host interests of the estate in his charge, that the assets belonging to the estate herein be sold at this time, as the court may direct; that your petitioner verily believes the best method of sale of the assets in his charge, would be to advertise for sealed bids for the entire business, equipment, good-will and unexpired term of the lease ; that the said bids be opened on a day and time certain ; that if the bids received, are less than the appraised value, or if equal to the appraised value, but not satisfactory to your petitioner, that your petitioner sell said stock and fixtures at public auction within a few days thereafter, such period to be designated by the court; and that the creditors of the above named bankrupt, as they may appear on the list of creditors ascertained by your petitioner from direct, and that such other notice may be given, as your petitioner may deem necessary and proper. Wherefore, your petitioner would respectfully pray that he be authorized to sell the assets of the said bankrupt, now situated at , together with the good-will of the business and the unexpired term of the lease of the said premises, at private sale upon sealed competitive bids or at public auction, under such terms and conditions as this court may direct. Petitioner. (Verification.) 304 FORMS IN BANKRUPTCY. FORM No. 206. ORDER FOR APPRAISAL AND SALE UPON SEALED BIDS. At a stated term of the District Court of the United States for the District of , held at the Court House, City of , on the day of , 19. .. Present : Hon , District Judge. In the Matteb OP bankrupt. V No. Upon the petition, adjudication and all the proceedings herein, and upon the annexed petition of , temporary receiver of the estate of the above named bankrupt, verified the day of , 19. ., and upon motion of , attorney for the said temporary receiver, it is Ordered, that , and , three disinterested persons, be, and they are hereby appointed appraisers, to appraise the property, assets and effects in possession of the receiver herein ; that they forthwith enter upon their duties as such appraisers, and after taking the oath required, file such appraisal in the office of the clerk of this court, And it is further ordered, that all the property, assets and effects of , the bankrupt above named, now in the possession of the temporary receiver herein, situated at , (toG^ether with the good-will of the business of the said bankrupt, and the unexpired term of the lease of the said premises,) be sold to the highest bidder at private sale, on written competitive sealed bids, for a sum not less than the appraised value thereof, if in the opinion of the said receiver the said bid is the best that can be obtained therefor; or if the property be not so sold, then that the property be sold at public auction for a sum not less than seventy-five percentum of the appraised value, and according to the rules of this court. And FORMS IN BANKRUPTCY. 305 It is further ordered, that the said receiver mail notices of said sale to all the creditors of the said bankrupt, known to said receiver or as they may appear on the schedule of the said creditors, now in possession of the said receiver, and to all such dealers as he may think advantageous, offering a reasonable opportunity to inspect said property and for written bids to be sent to him therefor; and the said notices shall also state tbat the said bids will be opened by the said receiver on a day and at an hour and place to be fixed by him, and that creditors may then attend and consider the bids, which notices shall be mailed at least five (5) days prior to that time; and that such notices shall further notify the creditors or other parties that if the receiver shall reject all bids submitted to him, the said property shall then be sold at public auction, according to the rules of this court, at a time and place fixed by the receiver, and such notice of sale shall be published in the five days before the sale and on the morning of the sale, and in such other paper or papers as to the receiver may seem desirable and proper. D.J. NOTES. Receiver's sale. — Jurisdiction. Masoa v. Wolkowich (C. C. A. 1st Cir.), 17 Am. B. R. 709; 150 Fed. 699; 80 C. C. A. 435. In re Garner & Co., 18 Am. B. R. 7.33; 135 Fed. 914. In re Becker. 3 Am. B. R. 412; 98 Fed. 407. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. A contingent interest in an estate may be sold. In re Gutterson, 14 Am. B. R. 495; 136 Fed. 698. Petition should set forth facts showing that the property is in whole or part perishable or will greatly deteriorate by handling in due course of administration. In re Harris, 19 Am. B. R. 635; 156 Fed. 875. A temporary receiver may be authorized by the referee, after adjudication, to sell property of a perishable nature. In re Gamer & Co. (supra). Not so, however, in many jurisdictions. Sale of a lease witliout an order of the court conveys no title. In re Fulton (D. C. N. Y.), 18 Am. B. R. 591; 153 Fed. 664. Muschel V. Austern (N. Y.), 87 N. Y. Supp. 235; 43 Misc. 852. Objections to sale cannot be raised for first time on review. In re Gutterson (supra). Affirmance of receiver's sale by trustee. Mason v. Wolkowich (supra). Power of court to enforce completion of contract of sale. Mason v. Wolkowich (supra). In some districts, as in Southern district of New York, official auctioneers are designated to conduct bankruptcy auction sales, and such appointment has been held valid. In re Benjamin (C. C. A. 2nd Cir.), 14 Am. B. R. 481; 136 Fed. 175; 69 C. C. A. 191 ; afl'g 13 Am. B. R. 18. Sale may be made by designated officer. Sturgis v. Corbin (C. C. A. 4th Cir.), 15 Am. B. R. 543; 141 Fed. 1 ; 72 C. C. A. 179. 306 FORMS IN BANKRUPTCY. FORM No. 207. NOTICE OF SALE BY RECEIVER. United States District Court, District of In Bankruptcy. In the Matter OF bankrupt. Pursuant to an order of this court, the undersigned, temporary receiver of the above named bankrupt, offers for sale the property, assets and effects of said estate. The property to be sold consists of and may be inspected at No Street, in the City of , on the and days of , 19. ., between the hours of .... A. M. and .... P. M. The said property will be sold at public auction by , auctioneer, at the above premises, in the City of , on the day of , 19 . . , at o'clock in the noon of said day. The receiver reserves the right to withdraw any of said property from sale unless it shall bring at least seventy-five per cent, of the appraised value. Dated day of , 19 . . . Receiver^ , Attorney for receiver. Street, city of FORMS IN BANKRUPTCY. 307 FORM No. 208. NOTICE OF SALE BY RECEIVER ON SEALED BIDS. United States District Court, District of In Bankruptcy. In the Matter OF Bankrupt. Notice is hereby given that pursuant to an order of the United States Dis- trict Court for the district of the under- signed, , receiver in bankruptcy of , offers for sale the property, assets, and effects of the said bankrupt. The property, to be sold consists of the following : [The business is being carried on by the receiver, and will be offered as a going concern on any bids for the entirety.] The above described property will be sold subject to the following liens and encumbrances : Further particulars in regard to said liens may be obtained from the receiver. The above described property may be inspected on the premises from to , 19 . . , between the hours of A. M. and ... P. M. Bids for the above described property, assets and effects as an entirety may be submitted to the receiver at his office, No Street, City of , on or before o'clock in the noon of , 19. ., at which time and place the bids will be opened by him, and creditors may attend and express themselves in reference thereto. Each bid must be accompanied by a certified check or cash for at least ten per cent. (10%) of the amount of the bid. The receiver reserves the right to 308 FORMS IN BANKRUPTCY. reject any or all bids, in which event the said property will be sold at public auction on the premises by , auctioneer, on , 19. ., at o'clock in the noon. Dated , ,19... Receiver, Street^ City of > Attorney for Receiver, Street, City of FORM No. 209. PETITION BY RECEIVER FOR SALE OF PERISHABLE PROPERTY. United States District Court , for the District of .< In Bankruptcy. In the Matter OF Alleged Jiankrupt. y No. To the District Court of the United States, For the District of ■: The petition of respectfully shows and alleges : 1. That he is the temporary receiver herein duly qualified and acting. 2. That your petitioner pursuant to the order of his appointment has taken possession of all the property, assets and effects of the above named alleged bankrupt at No St., City of 3. That among the assets in his possession is the following: That said property is perishable and unless sold forthwith will result in a complete loss to this estate. FORMS IN BANKRUPTCY. 309 4. Tliat in the opinion of your petitioner it is absolutely necessary that same be sold at once. Wherefore, he prays for an order authorizing and directing him to sell said property forthwith. Petitioner. (Verification.) FORM No. 210. NOTICE OF SALE BY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF > No. Bankrupt. To the creditors of the above named bankrupt: Notice is hereby given that personal property belonging to the estate of the above named bankrupt will be sold under the direction of , the trustee, at public auction by , (United States) auctioneer, at No , St., City of , on the day of 19 . ., at .... o'clock in the noon. A general description of the property to be sold is as follows: [Here set forth property to be sold.] The said property may be inspected at the above premises on any business day prior to the sale between the hours of A. M. and P. M. The trustee reserves the right to withdraw any of the said property from sale unless it shall bring at least seventy-five per centum of the appraised value. Referee in Bankruptcy. Dated, , ., 19. .. Attorney for Trustee, [Address]. 310 FORMS IN BANKRUPTCY. NOTES. Notice to creditors. See 58-a (4), 70-b. May be a combined notice. If aa order of s;de lapses for any cause and a subsequent order is made, notice should be given to creditors and lienors. Allgair v. Fisher & Co. (C. C. A. 3rd Cir.), 16 Am. B. R. 278; 143 Fed. 962; 75 C. C. A. 148. FORM No. 211. PETITION FOR PRIVATE SALE BY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Mattbb OF y No. bankrupt. To , Esq., Referee in Bankruptcy: Your petitioner respectfully shows : That he is the trustee herein duly qualified and acting. That a portion of such bankrupt's estate consists of the following property That it will be to the advantage of the estate that such property be sold forthwith at private sale for the following reasons and upon the following terms : That no previous application has been made to this court for the order hereinafter asked. Wherefore, your petitioner prays for an order permitting him to sell said property in the way and on the terms above specified. Petitioner. (Verification.^ FORMS IN BANKRUPTCY. 311 FORM No. 212. ORDER FOR PRIVATE SALE BY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OP I No. bankrupt. , the trustee herein, having filed a duly verified petition praying for an order permitting him to sell at private sale, the following property: [Here specify property.] on the terms set forth in said petition (and a meeting of creditors having been duly held upon 10 days' notice) and it appearing that good cause for such sale has been shown ; now, on motion of , Esq., attorney for the trustee, it is Ordered : That , the trustee herein, be, and he hereby is authorized to sell the property above specified to for the sum of $ And it is further ordered: That the said trustee keep an accurate account thereof and file same with the referee. Dated, day of , 19 . . . Referee in Bankruptcy. NOTES. Authority for sale. In re Edes, 14 Am. B. R. 382; 135 Fed. 595. 312 FOKMJS IN BAJ^JKBUPTGY. FORM No. 213. PETITION FOR SALE AT AUCTION OF REAL ESTATE. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF Bankrwpt. No. To , Esq., Referee in Bankruptcy: Eespectf ully represents , trustee of the estate of said bankrupt, that it would be for the benefit of said estate that a certain portion of the real estate of said bankrupt, to wit : \Tiere describe property and its estimated value'] should be sold by auction, in lots or parcels, and upon terms and conditions, as follows : Wherefore, he prays that he may be authorized to sell said real estate as afore- said, and that a meeting of creditors be called on ten days' notice to consider same. Dated this day of , A. D. 19. .. Trustee, (Verification.) FORMS IN BANKRUPTCY. 313 FORM No. 214. ORDER FOR SALE AT AUCTION OF REAL ESTATE. United States District Court, for the District of In Bankruptcy. Is THB MaTTBB OF bankrupt. No. , as trustee of the estate of the above named bankrupt, having filed in the office of the referee, a petition, verified 19. ., praying that he be authorized by the creditors of the estate herein, to sell at public auction, a certain portion of the real estate of said bankrupt, to wit: (Here describe property fully) upon terms and conditions as follows: and that a meeting of the creditors be called to consider the prayer of the said petition, and the said petition having come on for a hearing before mc, of which ten days' notice was given by mail to the creditors of the said bank- rupt. Now, after due hearing, (no adverse interest being represented thereat,) or (after hearing , in favor of said petition and , in opposition thereto), it is Ordered, that the said trustee be authorized to sell the portion of the bankrupt's real estate, specified in the said petition, at auction, keeping an accurate account of each lot or parcel sold and the price therefor and to whom sold ; which said account he shall file at once with the referee. Dated , ,19... Referee in Bankruptcy. 314 FORMS IN BANKRUPTCY. FORM No. 215. PETITION AXD ORDER BY REFEREE FOR SALE OF PERISHABLE PROPERTY. United States District Court, for the District of In Bankruptcy. In the Matteb OF Bankrupt. No. To , Esq., Referee in Bankruptcy: Respectfully represents the said bankrupt, (or a creditor, or the receiver, or the trustee of the said bankrupt's estate). That a part of the said estate, to wit, now in , is perishable, and that there will be loss if the same is not sold immediately. Wherefore, he prays the court to order that the same be sold immediately without notice. Dated this day of , A. D. 19. .. (Verification.) The foregoing petition having been duly filed and having come on for a hearing before me, now, after due hearing, no adverse interest being repre- sented thereat, I find that the facts are as above stated, and that the same is required in the interest of the estate, and it is therefore ordered that the said property be sold forthwith. Witness my hand this day of , A. D. 19 . . . Referee in Bankruptcy. NOTES. Perishable property. Discretionary power of referee not disturbed unless It clearly appears that discretion was improvidcntly exercisecl. In re Hawkin's (D. C. N. Y.), H Am. B. R. 49; 125 Fed. 633. What is, " perishable property." In re Smith, 1 N. B. K 180, 204. Stock of hardware not. In re Bentel's Sons Co.. 7 Am. B. R. 768. In re Roberts (Smithson v. Emmerson), (C. C. A. 7th Cir.), 21 Am. B. R. 673; 166 Fed. 96;92C. C. A. 80. FORMS IN BANKRUPTCY. 315 FORM No. 216. [Ojfirial.] PETITION AND ORDER FOR SALE SUBJECT TO LIEN. In the District Court of the United States for the District of In Bankruptcy. In the Mattek OF Bankrupt. No. Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: [Here describe the estate or property and its estimated value] is subject to a mortgage [describe mortgagel, or to a conditional contract [describe i7], or to a lien [describe the origin and nature of the lien], or [if the property be personal property] has been pledged or deposited and is subject to a lien for [describe the nature of the lien], and that it would be for the benefit of the said estate that said property should be sold, subject to said mortgage, lien, or other incumbrance. Wherefore he prays that he may be authorized to make sale of said property, subject to the incumbrance thereon. Dated this day of , A. D. 19 . . . Trustee. (Verification.) The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, by auction [or, at private sale], keeping an accurate account of the property sold and the price received therefor and to whom sold ; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19. .. Referee in Bankruptcy. [Note. — It is suggested that the petition herein should be addressed to referee.] 316 FORMS IN BANKRUPTCY. NOTES. Sale subject to incumbrances. Purchaser takes property charged therewith. In re Gerry, 7 Am. B. R. 459; 112 Fed. 957, 959. Where there is no surplus for bankrupt estate, trustee not entitled to compensation from lienors. Smith V. Township of Au. Gres. (C. C. A. 6th Cir.), 17 Am. B. R. 745; 150 Fed. 257; 80 C. C. A. 145. Not chargeable with general expenses of estate nor of receivership. In re Clarke Coal & Coke Co., 23 Am. B. R. 273. Rights of lienors not affected. In re Muhlhauser Co. (C. C. A. 6th Cir.), 10 Am. B. R. 236; 121 Fed. 669; 57 C. C. A. 423. In re Platteville, etc., Co., 17 Am. B. R. 291 ; 147 Fed. 828. In a sale of a stock exchange seat the proceeds pass to trustee for distribution according to the rules of the exchange as against general creditors. In re Gregory (C. C. A. 2nd Cir.), 23 Am. B. R. 270; 174 Fed. 629; comp. Hyde v. Woods, 94 U. S. 523; 24 L. Ed. 264. Page V. Edmunds, 187 U. S. 596; 47 L. Ed. 318. Contra. Cohen v. Budd, 117 N. Y. App. Div. 923; 103 N. Y. Supp. 1133. FORM No. 217. PETITION FOR SALE FREE AND CLEAR OF LIENS. United States District Court, District of In Bankruptcy. In the Matter OF y No. Bankrupt. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : First : That your petitioner was heretofore and on the day of , 19. ., duly appointed the trustee in bankruptcy of all of the property of the above bankrupt and has duly qualified as such by filing his FORMS IN BANKRUPTCY. 317 bond in this court in the sum of $ conditioned for the faithful per- formance of his duties, and is now acting as such trustee. Second : That your petitioner has taken possession of all the property of the said bankrupt which includes the following described real and personal estate located at the Town of , County, State of : All that certain tract or parcel or land, with the buildings thereon erected and all machinery connected with or attached to said building and property, situate in the Town of , County of and State of bounded as follows : Together with all and singular, the tenements, hereditaments and appur- tenances belonging to the said property; and the reversion, remainders, tolls, income, rents, issue and profits thereof including all chattels, fixtures, furnish- ings, machinery, tools and every other estate, right, title and interest, property and appurtenances of the said Third : That heretofore and on the day of , 19 . . , an involuntary petition in bankruptcy was filed herein against the above named bankrupt, and theretofore and within four months prior to the date of the filing of the said petition, to wit, on the day of , 19. ., the said bankrupt for and in consideration of the alleged sum of $ , made, executed and delivered a certain bond and mortgage cover- ing all of the above described property, to , [a corpo- ration organized under and existing by virtue of the laws of the State of •] Fourth : That the said alleged bond and mortgage were, as your petitioner is informed and does verily believe, executed and delivered under the following circumstances : That on the said day of , 19 • • > and for a con- siderable period prior thereto, the said bankrupt above named was insolvent and that his property at a fair valuation was insufficient to pay all of his debts in full, which said debts, as your petitioner is informed and does verily believe, did on said day of , 19. ., and prior thereto, aggregate the sum of about $ ; and that all of his assets of whatsoever kind, character, nature or description, did not exceed in value the sum of about $ Fifth : That on said day of , 19 . ., the said bankrupt was indebted to in the sum of $ , which said indebtedness consisted of two promissory notes in writing, made, executed and delivered by to , each for the sum of $ Sixth : That on said day of , 19. ., the said notes of $ , due on that day, were not paid by the said bankrupt, and 318 FORMS IN BANKRUPTCY. were thereupon duly protested for non-payment by the said , on which said day, as your petitioner is informed and verily believes, the said knew and had reasonable cause to believe that the said , was insolvent and unable to pay his debts; and that thereafter and on the day of , 19 . . , well knowing that the said , was insolvent and having good and reasonable cause to so believe, and without any present fair consideration, and as security for an antecedent indebtedness, he did accept and take the said bond and mortgage for the said sum of $ on said real and personal property hereinbefore mentioned and described. Seventh: That heretofore and by order of this court, all of the said property hereinbefore mentioned and described, was duly appraised at the sum of $ , and as your petitioner is informed and does verily believe, the said property if sold by your petitioner subject to the said mortgage of $ , above mentioned, will not realize any equity whatsoever by reason of the fact that the said property is not worth the amount of the said mortgage and that no one interested in property of this character would purchase said property subject to it. Eighth : That your petitioner proposes to institute legal proceedings in this Court to declare void and of no effect, the said mortgage and to have the same annulled and cancelled as of record, upon the ground that under and by virtue of the terms and conditions of the Acts of Congress relating to bankruptcy, the giving of the said mortgage was preferential as security for an antecedent indebtedness and for no present fair consideration passing at the time of the execution and delivery thereof ; and upon the further ground that the said mortgage constituted a preference by reason of the fact that at the time that the said bond and mortgage were executed and delivered, the said receiving the same, knew and had reasonable cause to know and believe that the said bankrupt was insolvent. Ninth : That your petitioner has examined and caused to be examined , , and other witnesses, to all of which testimony your petitioner upon the hearing of the application herein made begs leave to refer and from which said examination the facts as hereinbefore alleged do more particularly and at length appear. Tenth: That your petitioner in the performance of his duties as said trustee, is desirous of immediately disposing of all of the property of the bankrupt herein, and in order so to do most advantageously to the interest of the creditors of the said bankrupt, does verily believe that the said property should be sold free of and from the lien of the said mortgage of $ , which said mortgage in detail covers the said property as hereinbefore described, and which was made, executed and delivered on said day of , 19 . . , by the said , bankrupt herein, for the said sum of $ , and which was thereafter and on the day of 10.., duly recorded in Liber of Mortgages at page in the office of the clerk of the County of State of FORMS IN BANKRUPTCY. 319 Wherefore, your petitioner does respectfully pray this Honorable Court that an order be made herein, requiring , mortgagee to sho/ cause before this court at a time and place to be stated, why an order should not be made and entered herein, directing that all of the property mentioned and described in the petition herein and covered by the said mortgage herein referred to, be sold by your petitioner as trustee of the said bankrupt, at public auction and in the manner prescribed by the Acts of Congress relating to Bankruptcy, and the General Orders of the Supreme Court of the United States, free of and from the lien of the said mortgage and why the proceeds arising of and from tlie sale of the said property should not be hekl by your petitioner subject to the lien of the said mortgage, to all intents and purposes as though the said property had not been sold, subject to the final order, judg- ment and decree of this court, or the final order, judgment and decree of a court of competent jurisdiction, as to the validity of the said mortgage and why your petitioner should not have such other and further relief as to this Honorable Court may seem just and proper. And your petitioner will ever pray, etc. Dated , , 19. .. Petitioner. Attorney for Trustee, Office and Post-office address, Street, City of (Verification.) FORM No. 218. NOTICZ: OF MOTION FOR SALE FREE AND CLEAR OF LIENS. United States District Court, for the District of In Bankruptcy. In the Matter OF y No. Bankrupt. Please take notice that upon the annexed petition of . . . trustee in bankruptcy of the above named bankrupt, verified 320 FORMS IN BANKRUPTCY. 19. ., the annexed affidavit of , verified 19. ., the (mortgage, etc.) a copy whereof is hereto annexed, from to , bearing date , 19. ., and upon all the proceedings and testimony taken herein, a motion will be made by the undersigned on behalf of the trustee herein before Esq., referee in bankruptcy, in charge of this proceeding, at his office, No. Street, in the City of , on the day of , 19 . , , at . . . o'clock in the noon, or as soon thereafter as counsel can be heard, for an order authorizing and directing , as trustee in bankruptcy of the estate of the above named bankrupt, to sell the property mentioned in the annexed petition of the trustee herein, and situated at , , and that the said trustee be authorized and directed to sell and dispose of the aforesaid property, now in his possession, and claimed to belong to this estate, free and clear of all liens and demands thereon, including an alleged mortgage of to , dated 19. ., and that the proceeds arising from the sale of the said property be held by the trustee subject to the claims, liens and demands of the alleged mort- gagees, lienors and claimants, and that the said mortgages, liens, claims and demands attach to the proceeds of such sale with the same force and effect as if upon the property itself, subject to the final order, judgment and decree of this court or of a court of competent jurisdiction as to the validity, bona fides and extent of such mortgage, lien, claim and demand; And for such other and further relief as to this court may seem just and proper. Dated ,19... Attorney for Petitioner, (Address.) To (Claimant or ") Alleged Mortgagee, j FORMS IN BANKRUPTCY. 321 FORM No. 219. ORDER DIRECTING SALE FREE AND CLEAR OF LIENS. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. An order having been heretofore made herein requiring to show cause before this court, at the office of , Esq., referee, why an order should not be made herein, directing that all of the property, now in the possession of said trustee and mentioned and described in the petition annexed to the said order and alleged to be covered by the mortgage therein referred to, be sold by the said trustee at public auction, and in the manner prescribed by the Acts of Congress relating to bankruptcy and the General Orders of the Supreme Court of the United States, free of and from the lien of the said mortgage, and why the proceeds arising of and from the sale of the said property should not be held by the said trustee subject to the lien of the said mortgage, to all intents and purposes as though the said property had not been sold: subject to the final order, judgment and decree of this court, or of the final order, judgment or decree of a court of competent jurisdiction, as to the validity, bona fides and extent of the said mortgage, and for other and further relief. Now, upon reading and filing the said order to show cause, and the petition of , trustee thereto annexed, verified the day of , 19.., And upon the petition in bankruptcy herein, the testimony taken at the first meeting of creditors in support of the said application ; and the said having duly appeared upon the return of said order to show cause and duly filed his answer, verified the day of , 19 . . , the affidavits of and , duly verified the and days of 19 . . , in opposi- tion to the said application, 322 FORMS IN BANKRUPTCY. And after hearing respective counsel for the trustee and the , and due deliberation having been had; and it appearing to the satisfaction of this court that the best interests of the creditors of the said bankrupt above named will be subserved by the granting of the application, and for divers other reasons that the said application is proper, it is hereby Ordered, adjudged and decreed, that , Esq., as trustee of , bankrupt, be, and he hereby is authorized, directed and permitted to sell and dispose at public auction, and in the manner and mode as prescribed by the Acts of Congress relating to bankruptcy and the General Orders of the Supreme Court of the United States, all of the property of the , bankrupt, situated at more particularly mentioned and described in a certain indenture of mortgage here- tofore made by , to , for the sum of $ dated the day of , 19 ... , and recorded on the .... day of , 19. ., at o'clock, . . M., in Liber of mortgages, at page . . . ., in the office of the Clerk of the County of , State of And it is further ordered, adjudged and decreed, that the said as said trustee, be, and he hereby is authorized, directed and permitted to sell and dispose of the said property in said mortgage more particularly men- tioned and described, free of and from the lien of the said mortgage herein- before described, and that the proceeds arising of and from the sale of the said property be held by the said trustee, subject to the lien of the said mort- gage, to all intents and purposes as though the said property had not been sold : subject to the final order, judgment and decree of this court or the final order, judgment and decree of a court of competent jurisdiction, as to the validity, bona fides and extent of the said mortgage. Dated, City of , , 19. .. Referee in Bankruptcy, NOTES. Sale in and clear of liens. No specific provision in the Act therefor, but practice under general equity powers almost uniformly upheld. As to jurisdiction, see In re U. S. Graphite Co., 20 Am. B. R. 573; 161 Fed. 583. In re Pittelkow, 1 Am. B. R. 473; 92 Fed. 901. In re Worland. 1 Am. B. R. 450; 92 Fed. 893. In re Keet, 11 Am. B. R. 117; 128 Fed. 651. In re Wilka. 12 Am. B. R. 727; 131 Fed. 1004. In re Littlefield (C. C. A. 1st Cir.), 19 Am. B. R. 18 ; 155 Fed. 838; 84 C. C. A. 42. In re Granite City Bank of Dell Rapids (C. C. A. 8th Cir.), 14 Am. B. R. 404; 137 Fed. 818; 70 C. C. A. 316; aff'g S. C. 12 Am. B. R. 727. In re New England Piano Co. (C. C. A. 1st Qr.), 9 Am. B. R. 767; 122 Fed. 937; 59 CCA. 461. FORMS IN BANKRUPTCY. 323 Southern Loan and Trust Co. v. Benbow, 3 Am. B. R. 9; 96 Fed. 514. In re Barber, 3 Am. B. R. 306; 97 Fed. 547. Putnam v. Loveland, 19 Am. B. R. 18; 1.55 Fed. 838. In re M. E. Tucker. Pet., 18 Am. B. R. 378. In re Gerry, 7 Am. B. R. 459; 112 Fed, 957. In re McMahon (C. C. A. 6th Cir.). 17 Am. B. R. 530; 147 Fed. 684; 77 C. C. A. 668. Sturgiss V. Corbin, 15 Am. B. R. 543; 141 Fed. 1; 72 C. C. A. 179. May be ordered by referee. In re Waterloo Organ Co., 9 Am. B. R. 427 ; 118 Fed. 904. In re Wilka (supra). In re Miner's Brewing Co (D. C. Pa.), 20 Am. B. R. 717 ; 162 Fed. 327. In re Sanborn, 3 Am. B. R. 54; 96 Fed. 507. Referee may also determine validity, extent, and relative priority of the claims. In re Miner's Brewing Co. (supra). Such sale may be ordered, even though property or lienor is without the territorial jurisdiction of the court. In re "Wilka (supra). In re Granite City Bank of Dell Rapids (supra) ; or incumbrances equal value of property. In re Kent (supra). In re New England Piano Co. (supra). Bankruptcy court need not determine either validity or amount of lien. In re Littlefield (C C. A. 1st Cir.) (supra ). In re Vogt (D. C. N. Y.), 20 Am. B. R. 457. Should be ordered only when it appears that such sale 'will be advantage- ous to bankruptcy estate and not injurious to lienors. In re Shaeffer, 5 Am. B. R. 248 ; 105 Fed. .352. In re Goldsmith, 9 Am. B. R. 419 ; 118 Fed. 763. In re Gerdes, 4 Am. B. R. 346 ; 102 Fed. 318. In re U. S. Graphite Co. (supra). See In re Alden, 16 Am. B. R. 362. In re Styer, 3 Am. B. R. 424 ; 98 Fed. 290. Provision should be made for protection of rights of lienors. Carroll & Bro. Co. v. Young. 9 Am. B. R. 643 ; 119 Fed. 576. In re Saxton Furnace Co., 14 Am. B. R., 483 ; 136 Fed 697. In re Goldsmith, 9 Am. B. R. 419,424 ; 118 Fed., 763. In re Shoe and Leather Reporter (C C. A. 1st Cir.), 12 Am. B. R. 248, 129 Fed. 588 ; In re Prince & Walter. 12 Am. B. R. 675. 131 Fed. 546 ; Mills v. Virginia-Carolina Lumber Co. (C. C. A. 4th Cir.), 20 Am. B. R. 750 ; 164 Fed. 168 ; modf'g In re Franklin, 18 Am. B. R. 218 ; 151 Fed. 642. Should be on notice to all lienors. Personal service, rather than by mail. In re Platteville, etc. Co., 17 Am. B. R. 291 ; 147 Fed. 828. In re Saxton Furnace Co. (supra). In re New England Piano Co. (supra). Court having custody of the property sold may determine priorities of conflicting claims. Chauncey v. Dyke Bros. (C. C. A. 8 Cir. ), 9 Am. B R. 444 ; 119 Fed. 1 ; 55 C. C. A. 579. Mortgagees entitled to interest. Coder v. Arts (C. C. A. 8th Cir.), 18 Am. B. R. 513; 152 Fed. 943 ; 82 C. C. A. 91. Modf'g 16 Am. B. R. 583. Even though mortgagee does not prove claim in bankruptcy proceedings. In re Stevens, 23 Am. B. R. 239. 324 FORMS IN BANKRUPTCY. As to costs and expenses of such sale see, In re Williams Estate (C. C. A. 9th Cir.), 19 Am. B. R. 389 ; 156 Fed. 934 ; 84 C. C. A. 434. As to what constitutes an affirmance of the sale by lienor. In re Plattville Foundry & Machine Co. {supra). Dcw^er rights in sale free from liens. Savage v. Savage (C. C. A. 4th Cir.), 15 Am. B. R. 599 ; 141 Fed. 346 ; 72 C. C. A. 494. In re McKenzie (C. C. A. 8th Cir.), 15 Am. B. R. 679 ; 142 Fed. 383 ; 73 C. C. A. 483; aflfg 13 Am. B. R. 227 ; 132 Fed. 114. In re Shaeffer, 5 Am. B. R. 248 ; 105 Fed. 352. In re Forbes, 7 Am. B. R, 42. Effect on taxes. In re Keller, 6 Am. B. R. 351 ; 109 Fed. 131. Right of judgment creditor whose lien is unaffected. In re Vastbinder, 13 Am. B. R. 148 ; 132 Fed. 718. FORM No. 220. PETITION TO CONFIRM SALE. XJnited States District Court, District of In Bankruptcy. In the Matter OF Bankrupt. V No. To the Hon , District Judge. The petition of , respectfully shows : That your petitioner is the temporary receiver herein, duly qualified and acting. That on , 19. ., by order of this court, the property and effects of the said bankrupt at , St., City of , consisting of , were offered for sale at public auction. That the same was offered in bulk at the beginning of such sale and a bid of $ was made for the same, and that the goods were then offered for sale in separate lots according to catalogue, and realized the sum of $ or more than the bid in bulk. FORMS IN BANKRUPTCY. 325 That the said sum of $ realized, is below 75% of the appraised value of the property, which is $ and in order to deliver said prop- erty to the purchasers, it is necessary for your petitioner to procure an order confirming said sale. Your petitioner is of the opinion and verily believes that a larger sum than as above stated cannot be obtained, as the sale was largely attended and fairly conducted, and advises that the said goods be delivered to the respective bidders, for the reason that said merchandise will rapidly deteriorate in value, and the expense attendant upon storing the goods for a longer time, or of a resale, would be considerable, and unlikely to produce better results, and petitioner verily believes that tbe sale should be confirmed. Wherefore, your petitioner respectfully prays that an order be made con- firming the said sale, and authorizing him to deliver the said merchandise as sold in lots to the respective highest bidders therefor and for such other and further relief as to the court may seem just and proper. Petitioner. (Verification.) FORM No. 221. ORDER CONFIRMING SALE. At a Stated Term of the United States District Court, held in and for the District of , at the Court House in the City of , on the day of ,19... Present : Hon. District Judge. In the Matter OF bankrupt. y No. On reading and filing the petition of , receiver herein, verified , 19. ., praying for confirmation of a sale held 326 FORMS IN BANKRUPTCY. pursuant to order of this Court on the day of j 19 • . , and it appearing that the application made therein is reasonable and proper, Now, on motion of , attorney for said petitioner, it is Ordered, that the sale at auction conducted by the receiver herein on the day of , 19 . . , be and the same hereby is in all respects confirmed and ratified, and the said receiver is hereby authorized to deliver the property to the respective highest bidders therefor in accordance with the terms of said sale. D. J. NOTES. Petition and order to confirm sale. 70-b. Usually obtained ex parte. Coutirmation within the discretion of court and ordinarily not refused when sale has been properly conducted. In re Mitchell. 15 Am. B. R. 735. In re Ketterer Mfg Co. (D. C. Pa.), 19 Am. B. R. 638; 156 Fed. 719. In re Throckmorton (C. C. A. 6th Cir.), 17 Am. B. R. 856; 149 Fed. 145; 79 C. C. A 15. Referee after adjudication has power to confirm. In re Matthews, 6 Am. B. R. 96; 109 Fed. 603. In re Fisher & Co., 14 Am. B. R. 366; 135 Fed. 223. In re Styer, 3 Am. B. R. 424 ; 98 Fed. 290. Setting aside a sale is equivalent to a refusal to confirm. In re Shea (C. C. A. 1st Cir.), 11 Am. B. R. 207; 123 Fed. 153; aff'g s. c. 10 Am. B. R. 481 ; 122 Fed. 745. FORMS IN BANKRUPTCY. 327 FORM No. 222. TRUSTEE'S MEMORANDUM OF "TERMS OF SAXE ". United States District Court, for the District of In Bankruptcy. In the Matter OF >■ No. bankrupt. TERMS OF SALE BY TRUSTEE OF REAL ESTATE. (1) The real estate to be sold is described as follows: (2) (....%) per cent, of the purchase price of the said real estate in certified check or cash shall be paid to the auctioneer at the time and place of the sale for which he will render a receipt to the purchaser. (3) The residue of the said purchase price must be paid to , as trustee, at the office of his attorneys, , No Street, City of , on the day of , 19 . ., at 12 noon, when the deed to the said prop- erty will be ready for delivery, and the title closed. (4) The trustee is not required to send any notice to the purchaser; and if he neglects to call at the time and place above specified and receive his deed, he will be charged interest thereafter on the whole amount of his purchase, unless the trustee shall deem it proper to extend the time for the completion of the said purchase. (5) The said trustee will convey the title to the purchaser in fee simple subject only to a mortgage of $ , and accrued interest at ( . . % ) per cent, per annum, from the day of , 19 . . . 328 FORMS IN BANKRUPTCY. All other encumbrances, taxes and assessments which at the time of the sale are liens or encumbrances upon said premises, will be allowed out of the pur- chase money, provided the purchaser shall, previous to the delivery of the deed, produce to the said trustee proof of such liens, and the existence of any unpaid taxes or assessments shall not be deemed to be an objection to the title, provided the amount thereof is so allowed. (6) The purchaser of the said real estate shall at the time and place of sale sign a memorandum of his purchase. (7) It is understood and agreed that the auctioner or the said trustee is not responsible for any interest on the % deposited under the terms of sale. (8) This sale is made subject to the approval of the United States Dis- trict Court for the District of , the trustee re- serving the right to reject any and all bids made therefor, it being understood however, that the trustee shall inform the purchaser whether his bid has been accepted or rejected on or before the day of , 19 . . . Dated, , , , , 19. .. FORMS IN BANKRUPTCY. 329 FORM No. 223. NOTICE OF TAXATION OF AUCTIONEER'S CHARGES. United States District Court, District of .; In Bankruptcy. In the Matter OF y No. BanJcrvpt. Please take notice that the trustee herein, having filed objections to the fees and charges of the auctioneer on the sale of the property of the above named bankrupt, there will be a hearing on same before , Esq., referee, at his office at , , on the day of , 19 . ., at o'clock in the noon, or as soon thereafter as counsel can be heard, at which hearing the fees and charges of the auctioneer will be taxed by the said referee, and such other business will be transacted thereat as may be proper. Dated , ,19... Attorney for , Trustee. To Esq., (United States) Auctioneer, 330 FORMS IN BANKRUPTCY. FORM No. 224. ORDER FOR RESALE ON DEFAULT OF PURCHASER. United States District Court, , . . . . District of In Bankruptcy. In the Matter OP bankrupt. No. , the trustee of the estate of the above named bankrupt, having filed in the office of the referee a petition duly verified the day of , 19. ., alleging, among other things, that at a sale at public auction held in the of , on the day of , 19 . ., certain property be- longing to the bankrupt estate herein at , , and consisting of , was duly sold to for $ ; tliat the said at time of purchase paid to the auctioneer on said sale per cent, of his said bid, amount- ing to $ and agreed to pay the balance, $ , on or before , 19 . . , and that the said has failed to carry out his said agreement and pay the balance of said pur- chase price, although the said payment has been demanded of him and that his time to complete his said purchase has long since expired, and praying that the property be resold for the account of said and that said be charged with any deficit that might result from such resale and any expenses incurred by the trustee in main- taining and protecting the said property from the date of said sale to the date of such resale, and on reading and filing proof of due service upon said , of a notice of hearing on the said petition, and after hearing , of counsel for the trustee, in support of said petition and no one appearing in opposition thereto, (or after hearing in opposition thereto) FORMS IN BANKRUPTCY. 331 Now, on motion of , attorney for the said trustee, it is Ordered, that the property heretofore sold on , 19 . ., to said , consisting of [Here describe property fully] be and the same hereby is directed to be resold for the account of the said , in the manner and form as heretofore ordered. It is further ordered, that due notice of said resale be given to the creditors herein and to the said , and It is further ordered, that said be and he is hereby charged with any deficit that may result to the trustee on such resale and any expense incurred by the trustee in maintaining and protecting the said property from , 19 . ., the date of the said sale, to the date of such resale and for such resale. Dated , , , 19... Referee in Bankruptcy. NOTES. Resale. Snyder v. Bougher, 16 Am. B. R. 793; 214 Pa. St. 453. 330 FORMS IN BANKRUPTCY. FORM No. 225. ORDER TO SHOW CAUSE TO VACATE SAUL United States District Court, for the District of In Bankruptcy. ■"'v In the Matter OP bankrupt. No. Upon the annexed petition of , verified , 19. ., the annexed affidavit of , sworn to , 19 . ., the testimony of and , heretofore taken before , Esq., as special commissioner pursuant to order of Hon , District Judge, dated , 19 . . , on file in the office of the clerk of this court, together with the minutes and exhibits thereto annexed. I do hereby order and require, and , and each of them, to show cause before this court at a stated term thereof, to be held at the United States Court, in the City of , on , 19. .> at .... o'clock in the noon at the opening of court, or as soon thereafter as counsel can be heard, why the sale of the property, assets and effects of the above named bankrupt held by the herein at , on the day of , 19 . . , should not be vacated and set aside and the property restored to the trust estate, and for such other and further relief as may be just and proper. And sufficient reason appearing therefor, I do hereby order, that this order to show cause and the annexed petition of , and the annexed affidavit of y be served on the said and , or their attorneys herein, on or before 19. ., and that such service be sufficient notice, and pending the hearing and determination of this order to FORMS IN BANKRUPTCY. 333 show cause that all proceedings on the part of the and herein relative to said sale be stayed. Dated, , 19... O.J. NOTES. When set aside. Trustee purchaser at own sale. In re Hawley, 9 Am. B. R. 61 ; 117 Fed. 364. Allgair v. W. F. Fisher & Co., 16 Am. B. R. 278; 143 Fed. 962. Gross inadequacy of price or fraud. In re Etliier, 9 Am. B. R. 160; 118 Fed. 107. In re Thompson, 2 Am. B. R. 216. In re Groves, 2 N. B. N. Rep. 30. When not set aside. In re Shapiro, 19 Am. B. R. 125; 154 Fed. 673. In re Belden, 9 Am. B. R. 679; 120 Fed. 524. In re Throckmorton (C. C. A. 6th Cir.), 17 Am. B. R. 856; 149 Fed. 145; 79 C. C. A. 15; Stergis v. Corbin (C. C. A. 4th Cir.), 15 Am. B. R. 543; 141 Fed. 1; 72 C. C. A. 179; Owens V. Bruce (C. C. A. 4th Cir.), 6 Am. B. R. 322; 109 Fed. 72; 48 C. C. A. 239. Not set aside on review unless there has been an abuse of power in court below. In re Shea (C. C. A. 1st Cir.), 11 Am. B. R. 207; 126 Fed. 153; aff'g s. c. 10 Am. B. R. 481 ; 122 Fed. 743. Expenses of resale.— In re Fisher & Co., 17 Am. B. R. 404; 148 Fed. 907; aff'd In re Wylie et al. 18 Am. B. R. 503; 153 Fed. 281. TITLE VIII. RESTRAINING ORDERS. Form No. 226. Petition for an Injunction other than against Suits. 227. Order to show cause for a Stay by Trustee. 228. Injunction Order other than against Suits. 229. Affidavit to stay Sale by Trustee of Mortgaged Chattels. 230. Affidavit to stay Suit (Supplementary Proceedings). 231. Order staying Suit in State Court. 232. Petition to modify Stay. FORM No. 226. PETITION FOR AN INJUNCTION OTHER THAN AGAINST SUITS. United States District Court, for the District of In Bankruptcy. In the Matter Of Bankrupt. V No. To the District Court of the United States for the District of The petition of , respectfully shows and alleges : 1. That he is the herein duly qualified and acting. 2. That the above named bankrupt was duly adjudged herein on the day of , 19. ., and, thereafter, the following proceedings were had 3. That , of , by virtue of an alleged . . has taken possession of the following property belong- ing to this estate ; That the claim to the possession of said property is merely colorable, and is fraudulent and void for the following reasons : That the said is negotiating and endeavoring to dispose of said property and convert same into cash. 4. That, unless the injunction hereinafter asked is granted, your petitioner and the creditors of said bankrupt will suffer irreparable injury. SR4 FORMS IN BANKRUPTCY. 335 5. That no previous application has been made to this court for the order hereinafter asked. Wherefore, your petitioner prays for a writ of injunction herein, enjoining and restraining the said , his attorneys, agents and servants, from disposing of said property or in any way interfering with same, until further order of this court in the premises, and for such other relief as shall be just and lawful. , , 19... Petitioner. (Verification.) FORM No. 227. ORDER TO SHOW CAUSE FOR A STAY BY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Mattbb OP JSankvupt. No. On reading the affidavit of , the trustee herein, verified , 19 . . , and on motion of , attorney for the said trustee, it is Ordered, that show cause at a Stated Term of this court appointed to be held at the United States Court House in the City of , on , the .... day of , 19. ., at .... o'clock in the . . . .noon of that day, or as soon thereafter as counsel can be heard, why he should not be stayed, enjoined and restrained from re- moving or disturbing (here enumerate acts) and from interfering with or disturbing , the trustee herein, in any other way in his possession of the assets of the said bankrupt: and it is further Ordered, that until the determination of this order to show cause the said , his agents, officers and employees are stayed, enjoined and restrained from removing or disturbing 336 FORMS IN BANKRUPTCY. or otherwise interfering with or disturbing the said trustee in his possession of the assets herein; and it is further Ordered, that service on or before , 19. ., of a certified copy of this order, together with copy of the affidavit, on the said , shall be sufficient. Dated, ,19... D.J. FORM No. 228. INJUNCTION ORDER. At a Stated Term of the District Court of the United States for the District of , held at the Court House, City of , on the .... day of ,19... Present : Hon , District Judge. In the Matter OF bankrupt. No. , having made an application to this court by duly verified petition, praying that , of , be enjoined and restrained from } and an order to show cause having been issued thereon directed to the said , and returnable on the day of , 19. ., and the said order to show cause having come on to be heard, Now, upon reading and filing the petition of , verified the day of , 19 . . , and the affidavit of , verified the .... day of , 19 . . , and after hearing FORMS IN BANKRUPTCY. 337 , attorney for , in support of said application and , attorney for , in opposition thereto, and due deliberation having been had, it is, upon motion of , attorney for , Ordered, tliat , liis agents, attorneys and servants be and they hereby are restrained and enjoined [here specify acts] until further order of tiiis court in the premises. 'd. J. NOTES. Restraining orders. Sees. 2, (15), 11-a. General Order XII., (3;. Jurisdiction.— lu junctions and stays often incorporated in orderappointing a receiver in other order. Application sliould usually be made to the judge, though referee has power within limitations of Geiienil Order XII. (3). A mere adjudication in bankruptcy does not operate as a .stay against prosecution of a claim. Maas V. Kului (X. Y. A.^). Div.), 22 Am. B. li. 91. Verbal notice of an injunction held suflBcient. In re Krinsky Bros. (D. C. N. Y.), 7 Am. B. R. 535; 112 Fed. 972. Blake v. Nesbet, 16 Am. B. R. 269; 144 Fed. 279. In re Wilk, 19 Am. B. R. 178; 155 Fed. 943. When poTwer -will be exercised. In re Hicks, 13 Am. B. K. 654; 133 Fed. 739. In re Home Discount Co., 17 Am. B. R. 168; 147 Fed. 538. Protect bankrupt from arrest while attending court or engaged in performance of a statutory duty. In re Adler (C. C. A. 2nd Cir.), 16 Am. B. R. 414; 144 Fed. 659; 75 C. C. A. 461. In re Dresser (D. C. N. Y.), 10 Am. B. R. 270; 124 Fed. 915. Restrain a sale of bankrupt's property in certain cases. In re Jersey Island Packing Co. (C. C. A. 9th Cir.), 14 Am. B. R. 689; 138 Fed. 625; 71 C. C. A. 75. In re Vastbinder (D. C. Pa.), 13 Am. B. R. 148; 132 Fed. 718. Stay proceedings in state court against insolvent corporation. New River Coal Land Co. v. Ruffner Bros. (C. C. A. 4th Cir.), 20 Am. B. R. 100; 165 Fed. 881, 889; 91 C. C. A. 559. Landlord, who upon notice makes no claim before referee for use and occupation against estate, may be restrained by bankruptcy court from attempting to collect by suit. In re Empire Construction Co. (D. C. N. Y.), 19 Am. B. R. 704; 157 Fed. 495. ^lay not restrain a sale by pledgee under valid pledge and pursuant to its terms. In re Mayer, etc., 19 Am. B. R. 356; 156 Fed. 432. Hiscock V. Varick Bank, 18 Am. B. R. 1 ; 206 U. S. 28; 51 L. Ed. 945. Nor action to enforce mechanics lien. In re Grissler(C. C. A. 2nd Cir.), 13 Am. B. R. 508; 136 Fed. 754; 69 C. C. A. 406. Sale by receiver in state court. 338 FORMS IN BANKRUPTCY. In re Sterlingworth Ry. Supply Co., 21 Am. B. R. 341; 164 Fed. 591. Nor sale of real estate under judgment in foreclosure prior to four months. Sample v. Beasley (C. C. A. 5th Cir.), 20 Am. B. R. 164; 158 Fed. 607; 85 C. C. A. 429. Does not apply to suit in state court to enforce an asserted right in rem under state law. Tennessee Producer Marble Co. v. Grant, 14 Am. B. R. 288 ; 135 Fed. 332. "Where a proceeding was commenced more than four months before filing of petition and property in controversy was under the control and in the possession of receiver instate court, a bankruptcy court cannot enjoin the proceedings or order the property turned over to the trustee in bankruptcy. Pickens v. Roy, 9 Am. B. R. 47; 187 U. S. 177; 47 L. Ed. 128; affg 5 Am. B. R. 644; 106 Fed. 663. Moore v. Green (C. C. A. 4th Cir.), 16 Am. B. R. 648; 145 Fed. 480; 76 C. C. A. 250. FORM No. 229. AFFIDAVIT TO STAY SALE BY TRUSTEE OF MORTGAGED CHATTELS. United States District Court, for the District of In Bankruptcy. In the Mattbb OP Bankrupt. No. ss. state of County of , being duly sworn, deposes and says, that he is the Secretary of Company. That said Company has made a motion for the modification of an injunction order herein, so as to render available its remedies under a chattel mortgage held by it against the bankrupt's estate. That the papers on said motion other than those on file herein are hereto annexed. The deponent makes said papers part of this application in the same manner as if here set out in full. That on , 10.., deponent received a notice of sale of the estate of the above named bankrupt including the property covered by the said mortgage, which sale is to take place on the day of , 19 . , . That the Company has a subsisting right to enter into the possession of the chattels FORMS IN BANKRUPTCY. 339 covered by the said mortgage and foreclose the said mortgage. That the order of which the Company desires a modification prevents any interference with the estate of the bankrupt, and has ttierefore prevented the Company from enforcing its remedy as against the said mortgaged chattels ; that the motion to permit the Company to enforce its claim is returnable on the .... day of , 19. ., which date is after the time for which the sale of the bankrupt's estate by the trustee is noticed to take place; that if the trustee of the said bankrupt is permitted to offer the chattels covered by the mortgage of the Company for sale, the said chattels may be removed from the place in which they are now located and the remedy of Company, by foreclosure or otiier- wise, greatly impaired, if not entirely lost; that the said chattel mortgage held by Company contains a license to the mortgagee ■;:o enter into the premises and take possession of the said mortgaged property after breach of the condition of the mortgage; that if the said property is sold by the trustee on the date fixed, the Company may be unable to assert its remedy of entering into possession. That the notice of the pro- posed sale by the trustee mentions no liens or encumbrances upon any of the chattels to be sold and does not purport to give notice of a sale of the equity of redemption merely, or of the chattels subject to the lien of the mortgage or the title of Company. That the condition of the mort- gage held by said Company having been broken, the title to the mortgaged chattels became and is now absolute in Company subject only to a possible equity of redemption belonging to the bankrupt or his trustee. That no notice of application by the trustee for leave to make the sale has ever been given to the mortgagee, its successors or assigns, and that the proposed sale, so far as it affects chattels covered by said mortgage, is unauthorized by law and in violation of the rights and title of Company. That Company has not consented and does not consent to a sale by the trustee free of its title and lien, or subject thereto. That if a sale were effectually made by the trustee in one lot or in separate pieces free of said Company's claim and title, there would probably arise a large deficit and the rights of the company would be greatly impaired. That if a sale were effect- ually made subject to the interest of Company, the value of the mortgaged chattels would be greatly depreciated, and in deponent's judgment the chattels would be rendered unsalable, and if removed from the premises by separate purchasers the remedy of Company would be greatly impaired if not wholly destroyed. Deponent therefore applies for an order of this court restraining and en- joining , Esq., trustee herein of the said bankrupt, his heirs, agents or servants, from selling any of the property of the said bankrupt mentioned in the said mortgage held by Company, and on the premises of the said bankrupt. Sworn to before me, this day of ,19.. 340 FORMS IN BANKRUPTCY. FORM No. 230. AFFIDAVIT TO STAY SUIT (SUPPLEMENTARY PROCEEDINGS). United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. ss. state of County of , being duly sworn, deposes and says : 1. That on the .... day of , 19. ., deponent filed a volun- tary petition in bankruptcy in this court and on the same day was duly ad- judicated a bankrupt. 2. That prior to the filing of said petition in bankruptcy, of , obtained a judgment against deponent in the Supreme Court of , County, and on , 19. ., said judgment was duly docketed. That execution was sub- sequently issued and returned unsatisfied. That on the .... day of , 19. ., an order was issued in supplementary proceedings out of the Court, , County, ordering and requiring deponent to appear for examination at (Special Term, Part II,) of said court, on the .... day of , 19 . . , and make discovery on oath concerning his property, and also enjoining deponent from transferring or making any disposition of the property belonging to him, not exempt hy hiw from execution, or in any manner interfering therewith until further order in the premises. That said order in supplementary proceedings was obtained at tlic instance of the said judgment creditor, .'). 'i'hat the said judgment is upon a chiim in contract not founded upon frpud or false representation from which a discharge in bankruptcy would be a release; that deponent has not yet appeared for examination, nor is he in default therein. That inasmuch as deponent has been adjudicated a bankrupt herein, in which proceeding any creditor may obtain a desired examination, he FORMS IN BANKRUPTCY. 341 believes that the examination in supplementary proceedings at the instance of said creditor, set for , 19. ., at M., is unnecessary, and that deponent ought not to be harassed by same, and that said examina- tion should be stayed until twelve montlis after the date of adjudication herein, and if within said time deponent applies for a discharge, then until the question of such discharge is determined ; and that such judgment creditor, , and his attorney, , Esq., and all other persons be stayed and enjoined from taking any further of othi-r \n-o- ceedings in said action. No previous application has been made for the order asked for herein. Sworn to before me, this day of ,19 lis ) FORM No. 231. ORDER STAYING SUIT. At a Stated Term of the District Court of the United States for the District of , held at the Court House, City of , on the day of , 19... Present : Hon , District Judge. In the Matter OP r- No. Jia)ikrnpt. On reading and filing the alHdavit of , bankrupt herein, verified , 19.., the adjudication in bankruptcy and all proceedings herein, and on motion of , attorney for the said bankrupt, it is Ordered, that , his attorney , 342 FORMS IN BANKRUPTCY. Esq., and all other persons be and they hereby are jointly and severally restrained and enjoined from proceeding with or taking any further proceed- ings in a certain action, now pending in the Court. County, wherein the said is the plaintiff, and the bankrupt herein is the defendant, or in a proceeding supplementary to execution in said action, until twelve months after , 19. ., the date of the adjudication of the above named bankrupt, or if within that time the bankrupt above named applies for a discharge, then until the question of such discharge is determined. 2>. ;/. NOTES. Sec 11-a. General Order XII. (3). Jurisdiction against suits. In re Kleinbaus, 7 Am. B. R. 604; 113 Fed. 107. In re Gutman, 8 Am. B. E. 252; 114 Fed. 1009. In re Basch, 3 Am. B. R. 235; 97 Fed. 761. In re Wollock, 9 Am. B. R. 685; 120 Fed. 516. In re Mustin, 21 Am. B. R. 147; 166 Fed. 506. In re Globe Cycle Works, 2 Am. B. R. 447. In re Sims, 176 Fed. 645. In re Eastern Commission & Importing Co., 12 Am. B. R. 305; 129 Fed. 847; In re Hilton, 4 Am. B. R. 774. Dischargeability of debt, basis of jurisdiction. In re Floyd Crawford & Co., 15 Am. B. E. 277. Mackel v. Rochester, 14 Am. B. R. 429; 135 Fed. 904; In re Cole, 5 Am. B. R 780; 106 Fed. 837; In re Sullivan, 2 Am. B. R. 30. In re Butts, 10 Am. B. R. 16, 120 Fed. 966. White V. Thompson (C. C. A. 5th Cir.), 9 Am. B. R. 653; 119 Fed. 868; 56 C. C. A. 398. In re Lawrence, 20 Am. B. R. 698; 163 Fed. 131; In re N. Y. Tunnel Co. (C. C. A. 2nd Cir.), 20 Am. B. R. 25; 159 Fed. 688; 86 C. C. A. 556. "Suits " broad interpretation. In re Hicks (D. C. N. Y.), 13 Am. B. R. 654; 133 Fed. 739. Includes " Supplementary Proceedings." In re Be Long, 1 Am. B. R. 66. In re Fortunato, 9 Am. B. R. 630; 123 Fed. 622; In re De Lany & Co., 10 Am. B. R. 634; 124 Fed. 280; In re Burke, 19 Am. B. R. 51; 155 Fed. 703; In re Kletohka, 1 Am. B. R. 479; 92 Fed. 901. Sherifis sales on execution. In re Northrop, 1 Am. B. R. 427. In re Baughman (D. C. Ra.), 15 Am. B. R. 23; 138 Fed. 742. In determining whether claim is dischargeable Court may be guided by the pleadings. In re Adler (C. C. A. 2nd Cir.), 18 Am. B. R. 240; 152 Fed. 422; 81 C. C. A. 564. Applies to both voluntary and involuntary bankruptcy. In re Geister, 3 Am. B. R. 228; 97 Fed. 322. When to be exercised. Southern Loan & Trust Co. v. Benbow, 3 Am. B. R. 9; 96 Fed. 514. In re Globe Cycle Works, 2 Am. B. R. 447. In re Mercedes Import Co. (C. C. A. 2nd Cir.), 20 Am B. R. 648; 166 Fed. 427; 92 C. C. A. 179. FORMS IN BANKRUrTCY. 343 May be granted to stay execution to reach bankrupt's salary under section 1391, Code of Civil Procedure (N. Y.) until question of discharge is determined. In re Van Buren (D. C. N. Y.), 20 Am. B. R. 896; 164 Fed. 883. Should not be granted in suits upon non-dischargable claims. Mackel v. Rochester, 14 Am. P.. R. 429; 135 Fed. 904. Action for deceit Tindle v. P.irkett, 18 Am. B. R. 121, 205 U. S. 183; 51 L. Ed. 762 aff'g-- !•''> Am. B. R. 179; In re Lawrence, 20 Am. B. R. 698; 163 Fed. 134. Nor judg-nient creditor's suit beg-un more than four montlis before bank- rujjtcy. Metcalf V. Barker, 9 Am. B. R. 36, 187 U. S. 165; 47 L. Ed. 122 rev'g; In re Lesser Bros. (C. C. A. 2nd Cir.), 5 Am. B. R. 320. If property has come into the possession of the bankruptcy court any suit or proceeding tending to interfere with such possession may properly be stayed. A replevin creditor. In re Russell (C. C. A. 2nd Cir), 3 Am. B. R. 658; 101 Fed. 248; 41 C. C. A. 323. A fine imposed by a state court for contempt is not a dischargeable debt and a court of bankruptcy will not stay proceedings against the bankrupt for its enforcement. In re Koronsky (C. C. A. 2nd Cir.), 21 Am. B. R. 851; 170 Fed. 719; 96 C. C. A, 39. In re Hall (D. C. N. Y.), 22 Am. B. R. 498; 170 Fed. 721. Judgment for conversion. Stay granted, Fechter v. Postel, 17 Am. B. R. 316. In re Hale, 20 Am. B. R. 633; 161 Fed. 387. In re Floyd, Crawford & Co. (D. C. N. Y.), 15 Am. B. R. 277. See, In re Mertens (C. C. A. 2nd Cir.), 16 Am. B. R. 831. Stays in actions against Receivers personally, (see, Notes Form No. 61. Tem- porary Receiver). Alimony. In re Illinois, bankruptcy court will stay any proceeding in state court to collect alimony until question of discharge has been determined. In re Challoner, 3 Am. B. R. 442; 98 Fed. 82. Practice. A|)i)lication may be made to State Court. In re Geister, 3 Am. B. R. 228; 97 Fed. 322. Stays by Beferees. See, General Order XII. (3). See Rule XXI, Northern and Western Districts of New York. In re Berkowitz, 16 Am. B. R. 251; 143 Fed. 598; In re Steuer, 5 Am. B. K. 209, 214; 104 Fed. 976; In re Siebert, 13 Am. B. R. 348; 133 Fed. 781. Petition should show that the proceeding is pending. In re Goldberg, 9 Am. P.. R. 156; 117 Fed. 692. May be verified by attorney when reasons are stated. In re Goldberg (supra). Duration of stay. If made prior to adjudication runs until after an adjudication or the dismissal of the petition. If after adjudication the stay may be continued until, " twelve months after the date of such adjudication or if within that time such person applies for a discharge, then until the question of such discharge is determined." In re Rosenthal, 5 Am. B. R. 799; 108 Fed. 3(i8. In re Flanders, 10 Am. B. R. 379; 121 Fed. 23G. 344 FORMS IN BANKRUPTCY. FORM No. 232. PETITION TO MODIFY STAY. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. To the Honorable Judge of the District Court of the United States for the District of : The petition of respectfully shows : 1. That on or about the .... day of , 19. ., your petitioner , being then the owner in fee of certain parcels of land in the City of , with the buildings thereon, known as Xo , Street, duly leased the said premises by an instrument in writing to ^ the bankrupt herein, for a term of .... years, at the yearly rent of dollars ($ ) to be paid in equal monthly pay- ments in advance on the first day of each month in the said term, which the said lessee, , in and by said lease agreed to pay, and the said in and by said lease also agreed, as additional rent for the said premises, to bear, pay and discharge all taxes and assessments of every nature and kind which might during said demised term be assessed, levied, confirmed or imposed upon said premises, or any part thereof, and also all such taxes, rents or charges as should during such demised term be charged, levied or imposed upon said premises, or any part thereof, whether such rents or charges constitute liens upon the real estate or not, and that the payment of each and every tax and assessment assessed, confirmed, levied or imposed upon said demised premises should be made to the proper officer constituted by law to receive the same within thirty days after the date Avhen such payment would be received by such officer, and that if any such taxes or assessments should not have been paid within the time so provided, that the said lessor might himself pay the same, together with any interest or penalty that might have accrued thereon, and that the amount so paid by said lessor FORMS IN BANKKUPTC^Y. 345 should become due and be payable by the said lessee with the next monthly, or any other subsequent instalment of said rent which should become due after such default on the part of the said lessor. 3. That the said duly entered into the occupation of the said demised premises under the said lease and still remains in the occupa- tion thereof, except as hereinafter stated. 3. That on the first day of , 10. ., there was due to your peti- tioner under and by virtue of said lease, the sum of dollars ($....), being the monthly instalment of the said annual rent of dollars ($....) which fell due on the said first day of , 19. ., for the month of , 19 . ,, and the further sum of dollars, additional rent, being the regular annual tax imposed or levied upon the said premises for the year 19. ., which the said , failed to pay as provided in and by the said lease, and which your petitioner himself paid, as provided in said lease, as hereinabove stated and which sum by the terms of the said lease accordingly fell due to your petitioner from the said on the .... day of , 19 ... . 4. That payment of the said sums so due and payable has been duly demanded since the same became due ; that no part thereof has been paid and your petitioner, being still the owner in fee of the said premises, desires to institute proceedings under the laws of the State of to dis- possess the said and all his under-tenants and each and every person in possession of the said premises or claiming possession thereof by or through the said , or his under-tenants, assigns, legal repre- sentatives or otherwise, which proceedings it is proposed to institute in the ' Court of the City of , where the said premises are situated. 5. That your petitioner is informed and believes that on or about the .... day of , 19.., , Esq., was appointed herein receiver of the entire assets, estate, property and business of the said bankrupt, , and that in and by the order appointing the said such receiver, said receiver was directed to take immediate possession of such assets, and all persons were thereby restrained from inter- fering with the control and possession of the said estate by the said receiver in any manner whatsoever; that, as your petitioner is informed and believes, the said receiver, assuming to act under the said order, is now in possession as such receiver of the said premises covered by the lease hereinabove described, and your petitioner is advised by counsel that the said receiver, and any trustee in bankruptcy of the said , who may hereafter be elected or appointed herein during the pendency of said dispossess proceedings, are necessary parties to said dispossess proceedings, and that before instituting such dispossess proceedings, it is necessary for your petitioner to obtain an order from this Honorable Court granting leave to him to make such receiver and trustee parties to such dispossess proceedings and modifying the injunc- 346 FOKMS IN BANKRUPTCY. tion contained in said order of , 19. ., for the purpose of enabling dispossess proceedings to be brought and executed. Wherefore, petitioner prays that an order be entered herein authorizing and permitting him to institute and prosecute such dispossess proceedings, with leave to make the said receiver and any trustee in bankruptcy of the said , who may hereafter be appointed or elected herein during the pendency of such dispossess proceedings, parties thereto, and modifying the injunction contained in the order of , , 19. ., herein, by permitting the institution and prosecution of such dispossess pro- ceedings. And petitioner prays for such other and further relief as may be necessary in the premises. Petitioner. Attorney for Petitioner. (Verification.) TITLE IX. DISCHARGE OF BANKRUPT. Form No. 233. Bankrupt's Petition for Discharge. 234. Order to show Cause thereon. 235. Affidavit of mailing Petition for Discharge. 236. Notice for Publication. 237. Referee's Certificate of Conformity. 238. Arrangement of Papers on Discharge. (Required la Southern Dis. trict of New York.) 239. Order of Discharge. 240. Notice of Appearance of Objecting Creditor. 241. Specifications of Objection. 242. Exceptions to Specifications. 243. Petition to amend Specifications. 244. Order of Reference to Special Afaster. 245. Notice of Hearing before Special Master. 246. Report of Special Master on Specifications. 247. Arrangement of papers on Contested Discharge required in South- ern District of New York. 248. Order opening Default on Discharge Proceeding. 249. Order denying discharge upon report of Special Master. 250. Petition for Extension of Time to apply for Discharge. 251. Certificate of Referee thereon. 252. Order extending Time to apply for a Discharge. 253. Affidavit for Cancellation of Judgment (New York Practice.) 254. Petition to revoke Discharge. 255. Order revoking Discharge. FORM No. 233. [Official.] BANKRUPT'S PETITION FOR DISCHARGE. United States District Court, District of , In Bankruptcy. In the Matter OF y No. £ankvupt. To the Honorable Judge of the District Court of the United States, For the District of : J of J in the County of . . -.-.- 347 348 FORMS IN BANKRUPTCY. , and State of , in said District, respectfully represents : That on the .... day of , 19. ., last past, he was duly adjudged a bankrupt under the acts of Congress relating to bankruptcy ; that he has duly surrendered all his property and rights of property and has fully complied with all the requirements of said acts and of the orders of the court touching his bankruptcy. Wherefore, he prays that he may be decreed by the court to have a full dis- charge from all debts provable against his estate under said bankrupt acts, except such debts as are excepted by law from such discharge. Dated this day of , 19. .. BanJcrupt. (Verification.) NOTES. See 14a. Cross references. Sees. 2 (12 i, 11-a, 17, 29-b, 38-a (4), 70-a-d. General Orders XII (3), XXXI. Application made after one month and not later than twelve months subsequent to the adjudication, unless extension is obtained from judge for cause. In re Holmes, 21 Am. B. R. 339 ; 165 Fed. 225. In re Wagner, 15 Am. B. R. 100; 139 Fed. 87. In re Knauer, 13 Am. B. R. 503; 133 Fed. 805. Petition should be verified. In re Brown, 7 Am. B. R. 252; 112 Fed. 49. Application for discharge is an independent proceeding in which the jurisdiction and validity of prior proceedings in personam are not involved. In re Walrath, 175 Fed. 243. In re CHisdell, 4 Am. B. R. 95; 101 Fed. 246. In re Mason, 3 Am. B. R. 599 ; 99 Fed. 256. Member of a firm should ask discharge of both partnership and individual debts. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. In re Hale, 6 Am. B. R. 35; 107 Fed. 432. In re Russell, 3 Am. B. R. 91 ; 97 Fed. 32. Where filed. In re Sykes, 6 Am. B. R. 264; 106 Fed. 669. In Southern District of N. Y. by Rule XI, the office of the referee is the office of the court and petition for discharge is filed with the referee. In re Pincus, 17 Am. B. R. 331 ; 147 Fed. 621. The application should not be entertained until the first meeting of creditors and tlie examination of the bankrupt have been closed. In re Johnson, 19 Am." B. R. 814; 158 Fed. 342. Not a criminal proceeding. In re Gaylord (C. C. A. 2nd Cir.), 7 Am. B. R. 1; 112 Fed. 668; 50 C. C. A. 415; aff'g s. c. 5 .\m. B. R. 410; 100 Fed. 883. When bankrupt may not withdraw application. In re Hensrliel (D. C. N. Y.), 12 Am. B. R. 31. Petition for discharge may be amended. In re Diamond (C. C. A. 2nd Cir.), 17 Am. B. R. 563; 149 Fed. 407; 79 C. C. A. 227. FORMS IN BANKRUPTCY. 349 Application may be dismissed for laches. In re Lederer, 10 Am. B. R. 492; 125 Fed. 96. Contra. In re Wolff (D. C. Cal.), 13 Am. B. R. 95; 133 Fed. 396. When a discharge lias been denied in a former proceeding, it is res adjudicata as to same debts scheduled in second proceeding. Kuntz V. Young (C C. A. 8th Cir.), 13 Am. B. R. 506; 131 Fed. 719; 65 C. C. A. 477. In re Weintraub. 13 Am. B. R. 711; 133 Fed. 1000. In re Royal, 7 Am. B. R. 636; 113 Fed. 146. In re Kuffler (C. C. A. 2nd Cir.), 18 Am. B. R. 16; 151 Fed. 13; 80 C. C. A. 508; rev'g 16 Am. B. R. 305; 144 Fed. 445. See, In re Elkind and Schwartz, 23 Am. B. R. 166. In re Silverman (C. C. A. 2nd Cir.). 19 Am. B. R. 460; 157 Fed. 675; 85 C. C. A. 224. In re Stone, 33 Am. B. R. 24; 172 Fed. 947. FORM No. 234. [Offinal.] ORDER TO SHOAV CAUSE THEREON. District of : ss. On. this (lay of A. D. 19 . ., on reading the foregoing petition for discharge, it is Ordered by the Court, that a hearing be had upon the same before the Honorable Judge of the U. S. District Court, in the U. S. Court House at , on 19 . . , at M., and that notice thereof be published in the , a newspaper printed in said District, and that all known creditors and other persons in interest nuiy appear at the said time and place and show cause, if any they have, why the prayer of the said petition should not be granted, and also attend the examina- tion of the bankrupt thereon. And it is further ordered by the Court that the Referee in charge shall send by mail to all known creditors copies of said petition and of this order addressed to them as required by law. Witness, the Honorable Judge of the said Court, and the seal thereof, at the City of in said District, on the day of 19... Clerk. As to notice to creditors see Amendments of 1910, sec. 58-a (9). 350 FORMS IN BANKRUPTCY. FORM No. 235. AFFIDAVIT OF MAILING PETITION FOR DISCHARGE. In the District Court of the United States, for the District of , In Bankruptcy. In the Matter OF Bankrupt. No. State of ) County of f being duly sworn, deposes and says : I am employed in the office of , Referee in Bankruptcy, and am more than eighteen years of age ; on the day of 19. ., I deposited in the Post Office in said of , copies of the annexed petition for discharge and order thereon to show cause, each contained in a securely closed envelope, franked by proper notice of official business whenever addressed to a place within the United States, and duly postpaid whenever addressed to a place without the United States, and duly directed respectively to each of the creditors of said bankrupt named in the schedules filed herein, at the respective addresses stated in said schedules, except in the cases, if any, in which the address of the creditor is stated in said schedules to be unknown, or where the creditor has designated an address other than that stated in said schedules, and in such case to such designated address as on file herein. Subscribed and sworn to before me this day of , A. D., 19. .. FORMS IN BANKRUPTCY. 351 FORM No. 236. NOTICE FOR PUBLICATION. United States District Court, District of In Bankruptcy. In the Matter OF bankrupt. y No. Notice is hereby given that , bankrupt, has filed his petition, dated , 19. ., praying for a discharge from all his debts in bankruptcy, and that all creditors and other persons are ordered to attend at the hearing upon said petition before the United States District Judge, in the United States Court House, in the City of , County of , , on , 19 . . , at . . M., and then and there show cause, if any they have, why the prayer of said petitioner should not be granted, and also attend the examination of the bank- rupt thereon. Referee in BanJcruptcy. Dated , , 19. .. See, sec. 58-a (9). Amendments of 1910. 352 FORMS IN BANKRUPTCY. FORM No. 237. REFEREE'S CERTIFICATE ON DISCHARGE. In the District Court of the United States, for the District of . . In Bankruptcy. In the Matter OF Bankrupt. No. I, , Referee in Bankruptcy, to whom the above entitled proceeding was duly referred by order of this court, do hereby Certify that the forgoing is a record of the proceedings had before me in the above entitled proceeding, and I further certify that the schedules disclose assets not exempt by law and that trustee has been appointed herein, nor is any application for the appointment of a trustee pending; that the first meeting of creditors was held before me on 19 . ., and that the examination of the bankrupt thereon has been closed, I further certifyand report that, so far as appears by the record herein, said bankrupt has in all things conformed to the requirements of the United States Bankruptcy Act and has committed none of the offences and done none of the acts prohibited in sub-division b of Section 14 of said Act as amended- and — in my opinion entitled to — discharge, And I further certify that the following is an itemized statement of the sums deposited with me as indemnity herein and of the items of charges against the same and of the balance remaining in my hands. Dated , 19. .. Referee in Bankruptcy. [Referee's Indemnity Account as required by District rule.] FORMS IN BANKKUPTGY. 353 FORM No. 238. ARBANGEMENT OF PAPERS ON DISCHARGE. (REQUIRED IN SOUTH- ERN DISTRICT OF NEW YORK.) Papers constituting, " Kecord on Discharge " should be arranged in follow- ing order: 1. Record of proceedings before Referee. 2. Order of Adjudication and Reference. 3. Order for first meeting after thirty days (when necessary). 4. Proofs of publication and mailing of notice of first meeting. 5. Memorandum of proceedings at first meeting. 6. Order dispensing with trustee (if there is none). 7. List of claims proved. 8. Proofs of claim (if case is closed) 9. Petition for discharge. 10. Order thereon. 11. Proof of publication of notice of application for discharge. 12. Proof of mailing of copy petition for discharge and order thereon. 13. Referee's certificate and indemnity account. 14. Receipt for balance of indemnity. FORM No. 239. Official. ORDER OF DISCHARGE. District Court of the United States, District of Whereas, in said District, ha been duly adjudged bankrupt under the acts of Congress relating to bankruptcy, and appear to have conformed to all the requirements of law in that behalf, it is therefore ordered by this Court that said be discharged from all debts and claims which are made provable by said acts against estate, and which existed on the day of A. D , on which day the petition for adjudication 354 FORMS IN BANKRUPTCY. was filed by excepting such debts as are by law excepted from the operation of a discharge in bankruptcy. Witness the Honorable , Judge of said District Court, and the seal thereof, this day of , A. D. 19 . . . District Judge. Clerh. I, , Clerk of the District Court of the United States for the District of , do hereby certify that the above is a true copy of an order of discharge made in the above-entitled matter. In testimony whereof, I have caused the seal of the said Court to be hereto affixed, at the city of , in the District of , this day of , the year of our Lord one thousand nine hundred and and of the independence of the said United States the one hundred and thirty- Cleric. NOTES. Order of discharge. In re Marshall Paper Co. (C. C. A. 1st Cir.), 4 Am. B. R. 468 ; 102 Fed. 872 ; 43 C. C. A. 38 revers'g in part 95 Fed. 419. In re Royal, 7 Am. B. R. 636; 113 Fed. 140. Discharge may not be granted until the specifications of objection thereto have been disposed of. In re Randall, 20 Am. B. R. 305; 159 Fed. 298. Bankrupt entitled to a discharge unless he has committed an offense punishable under sections 14-b as amended. In re Crist, 9 Am. B. R. 1 ; 116 Fed. 1007. In re Marshall Paper Co. (supra). Even though he owes but one debt. In re Frank, 6 Am. B. R, 156; 107 Fed. 272. Right to a discharge distinct from the effect of a discharge. In re Blumberg, 1 Am. B. R. 638; 94 Fed. 476. Right governed by law as it stood at the time bankrupt filed his petition in bank- ruptcy. In re Petersen, 10 Am. B. R. 355. Right to discharge not affected by insanity. In re Miller, 13 Am. B. R. 345; 133 Fed. 1017. Corporation entitled thereto. In re Marshall Paper Co. {supra). Partnership. — When individuals as such not entitled to a discharge. In re Hale. 6 Am. B. R. 35; 107 Fed. 432. . In re Pincus (D. C. N. Y.), 17 Am. B. R. 331; 147 Fed. 621. When partnership debts not affected. In re Hartman. 3 Am. B. R. 65; 96 Fed. 593. In re Carmichael, 2 Am. B. R. 815; 96 Fed. 594. FORMS IN BANKRUPTCY. 355 In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. In re McFaun, 3 Am. B. U. 66; 96 Fed. 592. In re Meyers, 3 Am. B. R. 260 ; 97 Fed. 753. In re Bertensbaw (C. C. A. 8th Cir.), 19 Am. B. R. 577; 157 Fed. 363; 85 C. C. A. 61. Effect of discharge. Personal to the debtor. Bonn fide liens not affected. Paxton V. Scott, 10 Am. B. R. 80. Bassett v. Thackara (N. Y. Sup.), 16 Am. B. R. 786. Howard v. Cunliff, 10 Am. B. R. 71 ; 69 S. W. 737. To be a bar must be pleaded. In re Rhutassel, 2 Am. B. R. 697; 96 Fed. 597. Amendment of discharge. "Where individual schedules firm debts. In re Kaufman (D. C. X. Y.). 14 Am. B. R. 393; 136 Fed. 262; In re Diamond (C. 0. A. 2nd Cir.), 17 Am. B. R. 563; 149 Fed. 407; 79 C. C. A. 227. 356 EOKMS IN BANKRUPTCY. FORM No. 240. NOTICE OF APPEARANCE OF OBJECTING CREDITOR. In the District Court of the United States, for the District of y In Bankruptcy. In the Matter Of bankrupt. No. To the District Court of the United States for the District of The Clerk of this Court will please enter my appearance as attorney for , of , a creditor of the bankrupt herein, who desires to file specifications of objection to the discharge of the bankrupt herein. Dated ,19... Attorney for objecting creditor. [Address.] To ClerJc. Esq. N0TE8. Appearance of objecting creditor. In re Ginsberg, 12 Am. B. R. 459; 130 Fed. 627. Must be entered on return day. In re Grant, 14 Am. B. R. 398 ; 135 Fed. 889. In re Holman, 1 Am. B. R. 600; 92 Fed. 512. In re Young, 20 Am. B. R. 697 ; 162 Fed. 912. FORMS IN BANKRUPTCY. 357 FORM No. 241. SPECIFICATIONS OF OBJECTION TO DISCHARGE. United States District Court, District of . . In Bankruptcy. In the Mattkk OF > No. bankrupt. of , County of State of , in the District of , a creditor of the above named bankrupt, does hereby oppose the granting to him of a discharge from his debts and for the grounds of such opposition does file the following specifications : First. For the reason that the bankrupt herein has committed an offense punishable by imprisonment under the Bankruptcy Act in that he has know- ingly and fraudulently made a false oath and rendered a false account in and in relation to his proceedings in bankruptcy, as follows : [Set forth facts specifically.] Second. For the reason that he has committed an offense punishable by imprisonment under the Bankruptcy Act in that he has knowingly and fraudulently concealed from his trustee while bankrupt, the property and assets of his estate, as follows : Third. For the reason that with intent to conceal his true financial con- dition he has failed to keep books of account or records, and has destroyed and concealed books of account or records, from which such financial condition might be ascertained. Fourth. For the reason that during the course of the proceedings in said bankruptcy he refused to answer material questions approved by the court, to wit: 358 FORMS IN BANKRUPTCY. Wherefore, objection is made to the granting of such application for a discharge. Objecting Creditor. Attorney for Creditor. [Address.] (Verification.) NOTES. See amendments 1910. Sec. 14-b as amended. Specifications of objection. If appearance is entered, specifications need not be filed until 10 days thereafter. See General Order, XXXII. Mandatory provision. In re Albrecht, 5 Am. B. R. 223; 104 Fed. 974. In re Clothier. 6 Am. B. R. 203; 108 Fed. 199. "Who may file. — Any person having a pecuniary Interest in resisting the discharge. One having an unliquidated claim may file. In re Conroy, 14 Am. B. R. 249; 134 Fed. 764. Creditor with unproved debt may file. In re Nathanson (D. C. N. Y.), 19 Am. B. R. 56; 155 Fed. 645. In re Frice, 2 Am. B. R. 674; 96 Fed. 611. Creditor holding non-dischargeable debt not entitled to file. In re Servis, 15 Am. B. R. 271 ; 140 Fed. 222. Remedy where such creditor has filed. In re Nathanson (supra). When trustee may file " as a party in interest." In re Levey, 13 Am. B. R. 312; 133 Fed. 572. Trustee should show how and why he is the party in interest, as mere fact that he is the trustee not suflScient. See Sec. 14-b (6). Amendments 1910. Attorney's authority to file presumed. In re Gasser (C. C. A. 8th Cir.). 5 Am. B. R. 32; 104 Fed. 537; 44 C. C. A. 20. A creditor may prosecute objections in forma pauperis. In re Guilbert, 18 Am. B. R. 830 ; 154 Fed. 676. Several creditors may sign and verify the same specifications of objection. Milgraum v. Ost, 12 Am. B. R. 306 ; 129 Fed. 827. Filing nunc pro tunc. In re Frice, 2 Am. B. R. 674 ; 96 Fed. 611. May sufficiency be attacked before special master to whom specifications have been referred ? In re Quackenbush (D. C. N. Y.) 4 Am. B. R. 274 ; 102 Fed. 282. Specifications must be clear and unequivocal and contain specific aver- ments of facts, not mere conclusions. In re Taplin, 14 Am. B. R. 360; 135 Fed. 861. In re Levey. 18 Am. B. R. 312; 133 Fed. 572. In re Thomas, 1 Am. B. R. 515 ; 92 Fed. 912. FORMS IN BANKRUPTCY. 359 In re Holman, 1 Am. B. R. 600; 92 Fed. 512. In re Hixon, 1 Am. B. R. 610 ; 93 Fed. 440. la re Quackenbush, 4 Am. B. R. 274 ; 102 Fed. 282. In re Gross. 5 Am. B. R. 271. In re Wolfensohn. 5 Am. B. R. 60. In re Shepherd, 2 N. B. N. Rep. 1020. In re Servis. 15 Am. B. R. 271 ; 140 Fed. 222. In re Parish, 10 Am. B. R. 548 ; 122 Fed. 553. Bragassa v. St. Louis Cycle, 5 Am. B. R. 700; 107 Fed. 77. In re McGurn, 4 Am. B. R. 459; 102 Fed. 743. In re Ginsburg, 12 Am. B. R. 459 ; 130 Fed. 627. Not as strict as an indictment. In re Blalock, 9 Am. B. R. 266 ; 118 Fed. 679. " Kno'w^ingly and fraudulently." la re Patterson, 10 Am. B. R. 371 ; 121 Fed. 921. In re Blalock (supra). In re Beebe, 8 Am. B. R. 597 ; 116 Fed. 48. In re Peck, 9 Am. B. R. 747 ; 120 Fed. 972. Klein v. Powell (C. C. A. 3rd Cir.), 23 Am. B. R. 494 ; 174 Fed. 640. In re Griffin Bros. 19 Am. B. R. 78 ; 154 Fed. 537. May be amended to include this allegation. In re Knaszak (D. C. N. Y.), 18 Am. B. R. 188 ; 151 Fed. 503. Su£5ciency of specifications. E. H. Godsbalk Co. v. Sterling (C. C. A. 3rd Cir.), 12 Am. B. R. 802 ; 129 Fed. 580; 64 C. C. A. 148. In re Blumberg, 13 Am. B. R. 343; 133 Fed. 845. In re Mero, 12 Am. B. R. 171 ; 128 Fed. 630. Milgraum v. Ost, 12 Am. B. R. 306; 129 Fed. 827. In re Troeder (C. C. A. 1st Cir.), 17 Am. B. R. 723 ; 150 Fed. 710; 80 C. C. A. 376. In re Wetniore, 6 Am. B. R. 703. In re Hirscb, 2 Am. B. R. 715 ; 96 Fed. 468. In re McNamara, 2 Am. B. R. 566; 95 Fed. 429. In re Adams, 22 Am. B. R. 613; 171 Fed. 599. In re Kaiser, 3 Am. B. R. 767 ; 99 Fed. 689. Effect of perjury upon granting of discharge. In re Kretsch (D. C. N. Y.), 22 Am. B. R. 284; 172 Fed. 523. Two grounds of objection may not be alleged in one specification. In re Wetmore, 6 Am. B. R. 703. Grounds of objection limited to those set forth in specificationa. In re Taplin (supra). In re Halsell. 13 Am. B. R. 106; 132 Fed. 562. In re Peacock, 4 Am. B. R. 136 ; 101 Fed. 560. In re Hendrick, 14 Am. B. R. 795 ; 138 Fed. 473. One of the statutory grounds must be alleged and proTed. In re Griffin Bros. 19 Am. B. R. 78 ; 154 Fed. 537. In re Frank, 6 Am. B. R. 156. Objection of non-residence. In re Goodale. 6 Am. B. R. 493; 109 Fed. 783. Burden of proof. Upon objecting creditors. In re Logan, 4 Am. B. R. 525; 102 Fed. 876. In re Jacobs, 16 Am. B. R. 482; 144 Fed. 868. In re Eades, 16 Am. B. R. 30; 143 Fed. 293; 74 C. C. A. 431. 360 FORMS IN BANKRUPTCY. In re "Wetmore, 3 Am. B. R. 700; 99 Fed. 703. In re Hamilton, 13 Am. B. R. 383; 133 Fed. 823. Proof must be clear and convincing, but not necessarily, " beyond a reasonable doubt," In re Steed and Curtis, 6 Am. B. R. 73; 107 Fed. 682. In re Berner. 4 Am. B. R. 383. In re Troeder (C. C. A. 1st Cir.), 17 Am. B. R. 723; 150 Fed. 710; 80 C. C. A. 376. Verification of specifications. Should be verified. In re Baerncoff (D. C. Pa.), 9 Am. B. R. 133; 117 Fed. 975. In re Glass (D. C. Tenn.), 9 Am. B. R. 391; 119 Fed. 509. Contra. In re Jamieson (D. C. 111.), 9 Am. B. R. 681; 120 Fed. 697. SuflBciency of verification. In re Nathanson, 19 Am. B. R. 56; 155 Fed. 645. Milgraum v. Ost, 12 Am. B. R. 306; 129 Fed. 827. Omission of, may be supplied by amendment. In re Meurer, 15 Am. B. R. 823; 144 Fed. 445. In re Gift, 12 Am. B. R. 244; 130 Fed. 230. In re Brown (C. C. A. 5th Cir.), 7 Am. B. R. 252; 112 Fed. 49; 50 C. C. A. 118. If verified by counsel, state reasons why. In re BaerncofE (supra). In re Bellah, 8 Am. B. R. 310; 116 Fed. 69. In re Osborne (C. C. A. 1st Cir.), 8 Am. B. R. 165; 115 Fed. 1; 52 C. C. A. 595. In re Randall, 20 Am. B. R. 305 ; 159 Fed. 298. In re Peck (D. C. Conn.), 9 Am. B. R. 747; 120 Fed. 972. See, In re Glass {supra) and Milgraum v. Ost (supra). Objection to lack of verification may not be made after case is submitted. In re Robinson, 10 Am. B. R. 477 ; 123 Fed. 844. Objection to jurat may not be raised for first time on petition for review. Godshalk Co. v. Sterling (C. C. A. 3rd Cir.), 12 Am. B. R. 302; 129 Fed. 580; 64 C. 0. A. 148. Objections to discharge. Sec. 14-b as amended 1910. (1) "Committed an offense punishable by imprisonment, etc," refers to Sec. 29-b, 1, 2. Concealment of property. In re Breitling (C. C. A. 7th Cir), 13 Am. B. R. 126; 133 Fed. 146; 66 C. C. A. 212. In re Baudouine (C. C. A. 2nd Cir.), 3 Am. B. R. 651 ; 101 Fed. 574; 41 C. C. A. 318; rev'g 3 Am. B. R. 551 ; 96 Fed. 536. Vehon v. Ullman (C. C. A. 7th Cir.), 17 Am. B. R. 435; 147 Fed. 694; 78 C. C. A. 82. As to what constitutes. In re Meyers, 5 Am. B. R. 4; 105 Fed. 353. In re Brown, 15 Am. B. R. 350; 140 Fed. 383. In re Gaylord, 7 Am. B. R. 1 ; 112 Fed. 668. "Continuing concealment." In re Jacobs and ano., 17 Am. B. R. 470; 147 Fed. 797. In re Griffin Bros., 19 Am. B. R. 78; 154 Fed. 537. In re Delmour, 20 Am. B. R. 405; 161 Fed. 589. In re Alleman, 20 Am. B. R. 745; 162 Fed. 693. In re James, 23 Am. B. R. 703. A bankrupt may not plead advice of counsel for failure to schedule assets. In re Remmers. 23 Am. B. R. 78. " A false oath in the proceeding." What constitutes. In re Goodale, 6 Am. B. R. 493; 109 Fed. 783. In re Hamilton, 13 Am. B. R. 333; 133 Fed. 823. In re Hoyden, 13 Am. B. R. 269; 132 Fed. 991. FORMS IN BANKRUPTCY. 361 In re Luftig. 15 Am. B. R. 773; 166 Fed. 322. In re Natbanson (D. C. N. Y.), 19 Am. B. R. 56; 155 Fed. 64. Not guilty of concealment, for omitting worthless securities from schedules. In re McCrea (C. C. A. 2nd Cir), 20 Am. B. R. 412; 161 Fed. 246; 88 C. C. A. 282. (2) Failure to keep, destruction or concealment of books. In re Alvord, 14 Am. B. R. 264; 135 Fed. 236. In re Boasberg, 1 Am. B. R. 353. In re Prager, 13 Am. B. R. 527; 134 Fed. 1006. Godsbalk Co. v. Sterling (C. C. A. 3rd Cir.), 12 Am. B. R. 202; 129 Fed. 580; 64 C. C. A. 148. In re Ginsberg, 12 Am. B. R. 459; 130 Fed. 627. In re Wolf, 19 Am. B. R. 70; 156 Fed. 543. In re Lewin, 18 Am. B. R. 72; 155 Fed. 501. In re Fades (C. C. A. 7th Cir.), 16 Am. B. R. 30; 143 Fed. 293; 74 C. C. A. 431. Variance. In re Halsell, 13 Am. B. R. 106; 132 Fed. 562. As to right of innocent partner to discharge. In re Schacter (D. C. N. Y.), 22 Am. B. R. 389; 170 Fed. 683. (3) Obtained money or property on credit upon materially false statement^ etc. In re Terens (D. C. Wis.), 172 Fed. 938. In re Levey, 13 Am. B. R. 312; 133 Fed. 572. In re Harr, 16 Am. B. R. 213; 143 Fed. 421. " The right to object on this ground not confined to the person defrauded but belongs to any party in interest." In re Carton & Co., 17 Am. B. R. 343; 148 Fed. 63. See, In re Steed, 6 Am. B. R. 73; 107 Fed. 682. In re Dresser & Co. (C. C. A. 2nd Cir.), 16 Am. B. R. 561 ; 146 Fed. 383; 76 C. C. A. 655. In re Pincus. 17 Am. B. R. 331 ; 147 Fed. 621. In re Pfaffinger, 19 Am. B. R. 309; 154 Fed. 528; modf g 19 Am. B. R. 41. In re Brener, 20 Am. B. R. 644. In re Lewis (D. C. N. Y.), 20 Am. B. R. 711 ; 163 Fed. 137. As to non-participating partner. In re Hardie & Co., 16 Am. B. R. 313; 143 Fed. 553. False statement to a commercial agency. In re Russell (C. C. A. 2nd Cir.), 23 Am. B. R. 850; 176 Fed. 253. In re Kyte (D. C. Pa.), 23 Am. B. R. 414; 174 Fed. 867. In re Carton & Co. (supra ) . [See amendment 1910. Sec. 14-b (3), covering this point.] Where bankrupt has obtained goods by means of a false statement there can be no discharge though the statement was not intentionally false. In re Shaffer (D. C. W. Va.), 22 Am. B. R. 147; 169 Fed. 724. (4) Made a fraudulent transfer. In re Berry & Co., 15 Am. B. R. 360; 146 Fed. 623. In re Gift, 12 Am. B. K. 244; 130 Fed. 230. In re Miller, 14 Am. B. R. 329; 135 Fed. 591. In New York a conveyance made before the four months period vpith intent to hinder, delay, and defraud creditors, but recorded within such period may be pleaded as a groimd of objection. 362 FORMS IN BANKRUPTCY. In re McKane, 19 Am. B. R. 103; 153 Fed. 733. A preference, since amendment of 1903, no bar. In re Maher et al. (D. C. Mass.), 16 Am. B. E. 340; 144 Fed. 503; afE'g 15 Am. B. R. 786. (5) A previous Discharge in Voluntary Proceedings 'V7ithin six years. See, In re Neely, 12 Am. B. R. 407; 134 Fed. 667. As to when time begins to run. In re Little (C. C. A. 7th Cir.), 13 Am. B. R. 640; 137 Fed. 521; 70 C. C. A. 105. In re Jordan, 15 Am. B. R. 449; 142 Fed. 292. In re Haase, 17 Am. B. R. 528; 155 Fed. 553. In re Smith, 19 Am. B. R. 63; 155 Fed. 688. (6) Refusal to obey a Law^ful Order or to Answer a Material Question ap- proved by the Court. In re Nachman, 8 Am. B. R. 180; 114 Fed. 995. In re Dresser (supra.) Refusal to answer incriminating questions. In re Weinreb (C. C. A. 2nd Cir.), 18 Am. B. R. 387; 153 Fed. 363; 82 C. C. A. 439. Evasive answers. In re Fanning (D. C. N. Y.), 19 Am. B. R. 55; 155 Fed. 701. In re Cabus (D. C. N. Y.), 6 Am. B. R. 156. Dischargeable Debts. Judgment in Conversion. Fechter v. Postel (N. Y.), 17 Am. B. R. 316, 114 N. Y. App. Div. 776. In re Hale, 20 Am. B. R. 633; 107 Fed. 432. In re Ennis & Stoppani (D. C N. Y.), 22 Am. B. R. 679; 171 Fed. 755. Judgment for breach of promise where there is no allegation of seduction in complaint. Bond V. Milliken, 17 Am. B. R. 811; 109 N. W. 774. Finnegan v. Hull (N. Y. Sup. Ct.), 6 Am. B. R. 648; 35 N. Y. Misc. 773. Even when coupled with an allegation of seduction. Disler v. McCauley (N. Y. App. Div.), 7 Am. B. R. 138; 66 N. Y. App. Div. 42; rev'g, 6 Am. B. R. 491. Contra. In re Maples (D. C. Mont.), 5 Am. B. R. 426; 105 Fed. 919. Non- dischargeable debts. Judgment for assault and battery, false imprisonment and malicious prose- cution. McChristal v. Clisbee, 16 Am. B. R. 838; 109 Mass. 120. Jud^^ents for malicious and wilful injuries to person and property of another. Flanders v. Mullin, 18 Am. B. R. 708; 80 Vt. 124. Thompson v. Judy (C. C. A. 6th Cir.), 22 Am. B. R. 154; 1«9 Fed. 553. Judgment for alienation of affections. I^icester v. Hoadley, 9 Am. B. R. 318; 66 Kan. 172; 71 Pac. R. 318. Judgment for libel. Nat. Surety Co. v. Medlock (Ga. Ct. of App.), 19 Am. B. R. 654; McDonald v. Brown, 10 Am. B. R. 58. Judgment for Crim. Con. (N. Y. Stat.) FORMS IN BANKRUPTCY. 363 Tinker v. Colwell (U. S. Sup.), 11 Am. B. R. 568; 193 U. S. 473; 48 L. Ed. 754, aff'g 7 Am. B. R. 334; 169 N. Y. 531. Arrears of alimony. Craine v. Craine (Ky. C. C), 19 Am. B. R. 76. Not affected by discharge. Young V. Young (N. Y. Sup. Ct.), 7 Am. B. R. 171; 35 N. Y'. Misc. 335. Turner v. Turner, 6 Am. B. R. 289; 108 Fed. 785. Contra. Arrington v Arrington (No. Car. Sup. Ct.), 10 Am. B. R. 103. Judgment for alimony in another state, a dischargeable claim if duly scheduled. In re Williams Est. (N. Y. Sur. Ct.), 13 Am. B. R. 394; 118 N. Y. Supp. 562. Contract with divorced wife for support not released. Dunbar v. Dunbar (U. S. Sup.), 10 Am. B. R. 139; 190 U. S. 340; aff'g 180 Mass. 170. Non dischargeable debts. Judgments for fraud and deceit. In re Benoit, 20 Am. B. R. 270; 124 N. Y. App. Div. 142, holding that the fraud and deceit must have been the gravamen of the action. Judgments in parents' action for seduction of daughter. In re Freche, 6 Am. B. R. 479; 109 Fed. 620. See, In re Sullivan, 2 Am. B. R. 30. Embezzlement and misappropriation of funds, in a fiduciary capacity. Watertown Carriage Co. v. Hall (N. Y. Ct. of App.), 11 Am. B. R. 15. aff'g 10 Am. B. R. 23. In re Butts, 10 Am. B. R. 16; 120 Fed. 960. Tindle v. Birkett, 18 Am. B. R. 121, 205 U. S. 183; 51 L. Ed. 762. Harper v. Rankin (C. C. A. 4th Cir.), 15 Am. B. R. 608; 141 Fed. 623; 72 C. C. A. 320. In re Wenham (D. C. N. Y.), 16 Am. B. R. 690; 153 Fed. 910. 364 FORMS IN BANKRUPTCY. FORM No. 242. EXCEPTIONS TO SPECIFICATIONS, United States District Court, District of In Bankruptcy. In the Matteb OF Bankrupt. V No. , the bankrupt herein, by , his attorney, hereby excepts to the specifications filed herein in behalf of , as follows : 1. He excepts to the first of the said specifications on the ground that the same is indefinite, insufficient, and does not state an offense under the United States Bankruptcy Act which would be a bar to the discharge of the bankrupt, to wit : 2. He excepts to the specification numbered " "on the ground that the allegations contained in the same do not contain any specific averment of fact; that the said specification is vague, indefinite and general; that the said specification does not raise any issue that can be met by the bankrupt herein, as the said specification fails to state what statements were made by the bankrupt which are stated to have been knowingly false when made. 3. That the said specifications hereinbefore excepted to should be dismissed and stricken out. Dated , , 19. .. > Counsel for hanJcrupt, Street, NOTES. In re Wittenberg, 20 Am. B. E. 398; 160 Fed. 991. Failure to except waives defects. FORMS IN BANKRUPTCY. 365 In re Baerncopf, 9 Am. B. R. 133; 117 Fed. 975. See, In re Crist, 9 Am. B. li. 1; 116 Fed. 1007. In.sufTiciency of specifications to state any statutory g-round of objection to discharg-e, not waived by failure of bankrupt to except thereto. In re McCarthy (D. C. N. Y.), 22 Am. B. R, 498; 170 Fed. 859. FORM No. 243. PETITION TO AMEND SPECIFICATIONS. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. > No. To the District Court of the United States for the District of : The petition of respectfully shows : 1. That he is an objecting creditor herein, whose claim has been duly filed and allowed. 3. That was duly adjudicated herein on the day of , 19- •, a"d thereafter on the day of , 19. ., filed his petition praying for a discharge from his debts. 3. That your petitioner on the day of 19. ., duly filed specifications of objection to such discharge upon the following grounds : First : Second : 4. That the bankrupt has excepted to the specification numbered on the ground that " same is indefinite, too general and does not make sufficient averment of fact." 366 FORMS IN BANKRUPTCY. 5. That since your petitioner verified and filed his said specifications, additional facts as to the bankrupt's acts, conduct and property, have come to his knowledge, and petitioner is desirous of amending his said specifications in the following particulars : a. By adding more specific averments of fact to specifications numbered h. By adding to said specifications, a new specification based upon the following facts discovered by petitioner since the filing of said specifications. 6. That no previous application has been made for this order. Wherefore, your petitioner respectfully prays for an order permitting him to amend his said specifications as above set forth, and for such other and further relief as may be just and proper. Petitioner. (Verification.) NOTES. Amendments of specifications. In re Quackenbush, 4 Am. B. R. 274; 102 Fed. 282. In re Carley, 8 Am. B. R. 720; 117 Fed. 130. In re Hixon, 1 Am. B. R. 610; 93 Fed. 440. In re Morgan, 4 Am. B. R. 402; 101 Fed. 982. In re Mudd, 5 Am. B. R. 242; 105 Fed. 348. In re Nathanson, 18 Am. B. R. 252; 152 Fed. 585. In re Osborne (C. C. A. 1st Cir.), 8 Am. B. R. 165; 115 Fed. 1; 52 C. C. A. 595. In re Hendrick, 14 Am. B, R. 795; 138 Fed. 473. In re Wittenberg, 20 Am. B. R. 398; 160 Fed. 991. - In re Holman, 1 Am. B. R. 600; 92 Fed. 512. In re Glass, 9 Am. B. R. 391; 119 Fed. 509. Motions to amend should be made before the judge. In re Peck, 9 Am. B. R. 747; 120 Fed. 972. Referee no power to grant. In re Wolfensohn, 5 Am. B. R. 60; In re Kaiser, 3 Am. B. R. 767; 99 Fed. 689. Objections to sufficiency waived unless made before trial. In re Osborne (C. C. A. 1st Cir.), (supra.). In re Baldwin, 9 Am. B. R. 591; 119 Fed. 796. In re Servis, 15 Am. B. R. 271; 140 Fed. 222. In re Baemcopf, 9 Am. B. R. 133; 117 Fed. 975. Contra. In re Criss, 9 Am. B. R. 1; 116 Fed. 1007. When amendment not allowed. In re Bromley, 18 Am. B. R. 227; 152 Fed. 493. When there has been laches. Kentucky Nat. Bank v. Carley (C. C. A. 3rd Cir.), 10 Am. B. R. 375; 121 Fed. 822; 68 C, C. A. 412. In 1906 it v?as divided into three colonies, Gabun, capital Libreville; Middle Congo, capital Brazzaville; and Uhangi-Shari-Chad, capital Fort de Possel. There are also several vassal states, as Wadai, Bagirmi, etc. FORMS IN BANKRUPTCY. 367 FORM No. 244. ORDER OF REFERENCE TO SPECIAL MASTER. United States District Court, for the District of , In Bankruptcy. In the Matter OF Bankrupt. y No. Application having been made by the above named bankrupt for a discharge herein and a hearing held thereon, and , a creditor of said bankrupt, having appeared by Esq., his attorney, in opposition, and filed specifications of objection thereto; now, on motion of Esq., attorney for , it is Ordered, that the issues raised by such application and such specifications of objection be referred to Esq., as special master, for examination, testimony and report. Witness, the Honorable , Judge of the said court, and the seal thereof, at the City of , in said district on the day of ,19... B.J. NOTES. Reference to special master. See sec. 38-a, (4). General Order, XH, (3). Referee as such, no jurisdiction. Therefore it is almost universal to refer contested discharges to him as Special Master to hear and report. In Southern district of New York and other districts, the order of reference is stamped on the papers, in others an order of reference as above is used. Fellows V. Freudenthal, 4 Am. B. R. 490; 102 Fed. 731; In re McDuff, 4 Am. B. R. 110; 101 Fed. 241; In re Rauchenplat, 9 Am. B. R. 763. In re Johnson, 19 Am. B. R. 814; 158 Fed. 342, In re Elby, 19 Am. B. R. 734; 157 Fed. 935, 368 FORMS IN BANKRUPTCY. Special Master may pass on relevancy of testimony or materiality of evi- dence. In re Kaiser, 3 Am. B. R. 767; 99 Fed. 689. Evidence. Upon the hearing, the testimony of witnesses other than the bankrupt him- self taken at first meeting or elsewhere is inadmissible in support of specifi- cations. In re Wilcox (C. C. A. 2nd Cir.), 6 Am. B. R. 362; 109 Fed. 628; 48 C. C. A. 567. Such testimony of bankrupt is admissible as admissions against interest. In re Goodhile, 12 Am. B. R. 380; 130 Fed. 782. In re Leslie, 9 Am. B. R. 561; 119 Fed. 406. FORMS IN BANKRUPTCY. 369 FORM No. 245. NOTICE OF hi:a.ring before special bcasteb. United States District Court, District of In Bankruptcy. In the Matter OF bankrupt. No. Please take notice that the issues raised by the specifications of objection to the discharge of the above named bankrupt, filed by , have been duly referred to , Esq., as special master (or referee) for examination, testimony and report and that a hearing will be held upon said specifications at the office of the said special master (or referee) No , City of , on the day of , 19 . . , at o'clock . . . M., and a motion made to dismiss the said specifications, and for such other and further relief as to the court may seem just and proper. Dated , , 19. .. Attorney for bankrupt, Street, City of To Esq. Attorney for creditors, NOTES. In the Eastern district of New York it is the duty of the objecting creditors to bring' on the hearing- before special master. In re Eldred, 18 Am. B. R. 243; 152 Fed. 491. By rule XXI in Southern District the bankrupt must bring on the hearing within 30 days. 370 FORMS IN BANKRUPTCY. FORM No. 246. REPORT OF SPECIAL MASTER ON SPECIFICATIONS. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. y No. To the Honorable , Judge of the District Court of the United States in said District : I, the undersigned, referee in bankruptcy, to whom as special master the issues upon the specifications herein were duly referred, to ascertain and report the facts, respectfully report as follows : That the said issues were brought on for hearing, and I was attended upon said hearing by the counsel for the opposing creditor and the counsel for the bankrupt, and that testimony was adduced thereon, the stenographic minutes of which are herewith filed, marked " Schedule A." That the specifications were filed on behalf of , a creditor, and which are sub- stantially as follows: 1. That the said bankrupt knowingly and fraudulently concealed from his trustee, etc., property belonging to his estate in bankruptcy, to an amount of about $ , alleged to have been realized by him from the sale of stock bequeathed him. 2. That he knowingly and fraudulently concealed, etc., other property belonging to his said estate in bankruptcy, consisting of his salary of $ per year, paid to his wife and alleged to have been held by her for said bankrupt. 3. That he knowingly and fraudulently made false oath in these proceed- ings in omitting from his schedules, the above mentioned property. 4. With fraudulent intent to conceal his true financial condition and in con- templation of bankruptcy, he destroyed certain records etc. 5. That with like intent and in like contemplation, he failed to keep books of account, etc. r FORMS IN BANKRUPTCY. 371 6. Knowingly and fraudulently made false oath in omitting from his schedules $ alleged to have been in his possession or under his control. The testimony shows, in substance, that in or about the year , tiie bankrupt received by bequest the following : that he disposed of said property from time to time and received therefor about $ The bankrupt testified as follows : The bankrupt's wife testified as follows : Findings of Fact. The only witnesses produced were the bankrupt and his wife, and their testimony is uncontradicted. There is therefore, no direct evidence that any other disposition was made of the property than to which the bankrupt testified, and the claim that that amount or any considerable part of it, is still in the bankrupt's possession seems to rest chiefly upon the improbability of their testimony. No attempt was made to contradict the statement of losses in stock speculation by calling the broker through whom said speculations were had, or other witnesses. The bankrupt's account in the Bank tends to corroborate his testimony, showing, as it does, that he expended over $ between , 19 . . and . . . ., 19. ., during which period he had no source of income excepting this bequest, and his stock speculations. I recall nothing in the testimony before me which would justify a finding of fact that any part of the proceeds of this property is in the hands of the bankrupt and concealed from his trustee, and the same remark applies to the sum of $ or less which the bankrupt received as the proceeds of real estate devised to him by his father. I am confirmed in this opinion by the statement in the schedules in which of the total liabilities, over $ appears to have been for money borrowed by the bankrupt, and with the exception of $ borrowed by the bankrupt during the year 19. . , . In regard to the payment of the bankrupt's salary to his wife, the testimony of both the bankrupt and his wife is as follows: The bankrupt did not, it appears, keep books of account, but inasmuch as the 372 FORMS IN BANKRUPTCY. testimony shows that prior to his present employment, he was in no business, and that in his present employment on a salary, there seems to be no occasion for keeping a set of books, I do not think his failure to keep such books can be considered as militating against his discharge. So also as to the alleged destruction of the books referred to in the fourth specification, while the bankrupt admits that he destroyed some memoranda of stock transactions, I see no evidence from that fact, or elsewhere in the testimony before me, of any fraudulent intent on his part to conceal his true financial condition by so doing. Conclusions of Law. For the foregoing reasons, I am of the opinion that the specifications have not been sustained, and that the bankrupt is entitled to his discharge. All of which is respectfully submitted. Dated ,19... Referee in hanhrwptcy, as Special Master. [Contra, if findings of fact against bankrupt.] NOTES. Report of referee or special master. Referee should find the facts and state his conclusions of law. In re Steed and Curtis, 6 Am. B. R. 73; 107 Fed. 682. In Southern district of New York it is Referee's duty to take and report the testimony with rulings thereon, and he may reserve decision as to admissibility of testimony in certain cases. In re Knaszak, 18 Am. B. R. 187; 151 Fed. 503. Should not base a finding upon the original examination of the bankrupt before him as referee. In re Murray (D. C. Conn.), 20 Am. B. R. 700; 162 Fed. 983. Rules governing in Connecticut, as stated. In re Walder, 18 Am. B. R. 419; 152 Fed. 489. Special Master should pass upon all the grounds of objection set forth in specifications. In re Haskell (D. C. N. Y.), 20 Am. B. R. 914; 164 Fed. 301. FORMS IN BANKRUPTCY. 373 FORM No. 247. ARRANGEMENT OF PAPERS ON CONTESTED DISCHARGE (REQUIRED IN SOUTHERN DISTRICT OF NETV YORK). Papers constituting " Record on objections to discharge " should be arranged in following order. 1. Appearances. 2. Specifications. 3. Exceptions thereto (if any). 4. Notice of hearing with proof of service. 5. Testimony. 6. Report. FORM No. 248. ORDER OPENING DEFAULT ON DISCHARGE PROCEEDING. At a Stated Term of the United States District Court for the District of , held at the United States Court House, City of , on the day of , 19 . . . Present : Hon , District Judge. In the Matter OP bankrupt. No. A motion having been made to reopen the default herein and to restore the bankrupt's application for discharge to the calendar of this court, and the same having come on for hearing, now, upon reading and filing the petition of 374 FORMS IN BANKRUPTCY. J bankrupt herein, duly verified, the notice of motion and the petition for discharge herein, dated , 19. ., and the order to show cause thereon and all the proceedings heretofore had herein, and after hearing • • ., attorney for said bankrupt in support of said motion, and in opposition thereto, it is on motion of , attorney for bankrupt. Ordered, that the application for discharge herein be and hereby is re-opened and the clerk of this court directed to restore same to the call calendar for discharges for . . . ., 19. ., with leave to creditors who have filed notices of appearance herein, to file specifications of objection upon the merits. D.J. FORM No. 249. ORDER DENYING DISCHARGE UPON REPORT OF SPECIAL MASTER. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. Application having been made by , a bankrupt, for a dis- charge herein, and specifications of objection having been filed thereto by , a creditor and party in interest, and such specifications having been referred to Esq., as special master, to ascertain and report the facts with his opinion, and such special master having filed his report dated 19. ., and recommended that such specifications be sustained, (and exceptions to such report having . been duly filed, by said bankrupt, and the same having been argued) ; and after hearing , Eeq., attorney for such objecting creditor, for the motion, and , Esq., attorney for the bankrupt, in opposition thereto, now on motion of , attorney for the objecting creditor, it is FORMS 1>J BANKRUPTCY.. 3.7.5 Ordered, that the report of the said special master be, and it hereby is in all respects confirmed ; That the specifications of objection of , a creditor and party in interest herein, be, and the same hereby are sustained ; That the application for discharge of the said , bankrupt, be> and the same hereby is denied. h. J. NOTES. Findinjjs of Special Master upon conflicting testimony, not disturbed wEefe there is sufficient testimony to support the findings. In re Forth (D. C. N. Y.), 18 Am. B. R. 186; 151 Fed. 95. In re Knaszak (D. C. N. Y.), 18 Am. B. K. 187; 151 Fed. 503. 376 FORMS IN BANKRUPTCY. FORM No. 250. PETITION FOR EXTENSION OF TIME TO APPLY FOR DISCHARGE. United States District Court, District of In Bankruptcy. In thb Matteb or bankrupt. No. To the Honorable , District Judge: Your petitioner respectfully shows: That he is the bankrupt herein. That more than twelve and less than eighteen months have elapsed since the day of , 19. ., the date petitioner was adjudicated bankrupt. That he was unavoidably prevented from filing an application for a discharge within twelve months after such adjudication for the following reasons : That he desires to file such application and secure a discharge. That no previous application has been made for the order hereinafter asked. Wherefore, your petitioner prays for an order extending his time to file such petition for discharge until the expiration of eighteen months from the date of such adjudication. Dated ,19... Petitioner, (Verification.) NOTES. Petition for leave to file after expiration of time limit must show that bankrupt was unavoidably prevented during whole period in which he should apply. FORMS IN BANKRUPTCY. 377 In re Harris & Algor, 15 Am. B. R. 705. " Overlooked by attorney ", not sufficient. In re Anderson, 14 Am. B. R. 221; 134 Fed. 319. In re Lewin, 14 Am. B. R. 358; 135 Fed. 252. Proof of allegations of petition should be given before the referee. In re Glickman & Pisnoff (D. C. Pa.), 21 Am. B. R. 171; 164 Fed. 209. Remedy where Court has permitted filing after statutory time has expired. In re Haynes & Sons, 10 Am. B. R. 13; 122 Fed. 560. See, In re Fahy, 8 Am. B. R. 354; 116 Fed. 239. See, In re Bimberg, 9 Am. B. R. 601; 121 Fed. 942. Notice to creditors of application unnecessary in Eastern District of N. Y. In re Fritz, 23 Am. B. R. 84; 173 Fed. 560. [So, also, in many other districts.] 378 FORMS IN BANKRUPTCY. FORM No. 251. BEFEREE'S CERTIFICATE ON APPLICATION FOR EXTENSION OF TIME. In the District Court of the United States for the District of , In Bankruptcy. In thb Matteb OP y No. bankrupt. To the Honorable , District Judge : I, , referee in bankruptcy in charge of this proceeding, do hereby certify : That the above-named bankrupt was adjudicated herein on the day of , 19... That, from the files and records of such proceeding and any information possessed by me, there appears no reason why such bankrupt's petition for an extension of time to file application for a discharge should not be granted ; and that, in my opinion, such bankrupt has not been guilty of laches in apply- ing for his discharge. I, therefore, recommend that his petition for extension of time be granted. Dated, , , , , 19. .. Referee in Bankruptcy. NOTES. This certificate is not required, but is often applied for, the referee having all the facts before him. If reasons against the granting of the petition or any facts which should be brought to the attention of the judge exist, referee should state them. FORMS IN BANKRUPTCY. 379 FORM No. 252. ORDER EXTENDING TIME TO APPLY FOR DISCHARGE. In the District Court of the United States for the District of , In Bankruptcy. In the Matter OF BanTcnipt. > No. A petition praying for an extension of time to apply for discharge, as provided in § 14-a of the Bankruptcy Act, having been filed by the above-named bank- rupt, and an order to that effect having been recommended by , Esq., the referee in bankruptcy in charge of this proceeding; now, on motion of , Esq., attorney for said bankrupt. It is ordered : That tlie time of , the bankrupt herein, to apply for a dis- charge be, and the same hereby is, extended for days from the day of 19... Witness, the Honorable , Judge of the said court, and the seal thereof, at the city of , in said district, on the day of ,19... B.J. 380 FORMS IN BANKRUPTCY. FORM No. 253. AFFIDAVIT FOR CANCELLATION OF A JUDGMENT AGAINST BANK- RUPT (NEW YORK PRACTICE). Court, County. of In the matter of the application of a Bankrupt, to have a certain Judg- ment of Cancelled and Discharged of Record. State of ,) County of J being duly sworn, deposes and says : 1. That on the day of , 19. ., in this court recovered a judgment against deponent for the sum of $ , and same was duly docketed in the office of the county clerk of the county of That the debt upon which said judgment was obtained, Avas not created by fraud, nor such as would not be dischargeable in bankruptcy. 2. That on the day of 19. . , deponent was duly adjudicated a bankrupt in the district court of the United States for the district of , and thereafter on the day of , 19. ., was duly discharged of his debts in said court and a copy of said certificate of discharge is hereto annexed marked, Exhibit " A." 3. That more than one year has elapsed since the entry of said order of discharge. 4. That the debt evidenced by judgment of aforesaid was duly scheduled in said bankruptcy proceedings, a copy of which schedules is hereto annexed, marked Exhibit " B," and deponent was discharged there- from. 5. That said judgment still stands of record in this court against deponent. 6. No previous application has been made for the order asked for herein. Therefore deponent asks that said judgment of be cancelled and discharged of record. Sworn to before me this ) day of , 19... 3 [Annex exhibits.] FORMS IN BANKRUPTCY. 381 NOTES. Cancellation and Discharge of Judgment against Bankrupt, (New York Practice). Consolidated La^7B "Debtor and Creditor La'w," Chap. 12, Sec. 150, replac- ing sec. 1268, Code of Civil Procedure. Consolidated Laws " Debtor and Creditor Law," replacing sec. 1268, Code of Notice of motion with copies of all papers must be served on judgment creditor or his attorney of record. Provisions mandatory. Arnold v. Oliver, 64 How. 452; Eberspacher v. Boehm, 11 N. Y. Supp. 404; Firestone Tire & Rubber Co. v. Agnew et al. (N. Y. Ct. of Appeals), 194 N. Y. 165; 21 Am. B. R. 292. N. Y. Institution, etc., v. Crockett, 117 App Div. 269; 17 Am. B. R. 233. Hussey v Judson, 11 Am. B. R. 521; 43 N. Y. Misc. 370. Section applies to a judgment recovered after the filing of the petition upon a previous indebtedness. Crouse v. Whittelsey, 15 N. Y. Supp. 851. Applies to debt due State. In re Brandreth, 14 Hun 585. Applies to judgment entered after discharge upon provable debt. Walker v. Muir (N. Y. Ct. of App.), 21 Am. B. R. 593; 194 N. Y. 420; aff'g S. C, 21 Am. B. R. 278; 127 App. Div. 163. After death of judgment debtor the burden is upon judgment creditor to show that judgment had not been released by the discharge. In re Peterson, 22 Am. B. R. 549. Where a partner was not served in an action against his firm, and no indi- vidual judgment was entered against him, he is not entitled to a cancellation of the judgment on his discharge in bankruptc3% where there was no adjudication in that proceeding as to the partnership debt. In re application, etc., of Gruber v. Knobloch, 21 Am. B. R. 467; 129 App. Div. 297. Dodge v. Kaufman, 15 Am. B. R. 542; 46 N. Y. Misc. 248. As to partnership debt. Berry Bros. v. Sheehan, 17 Am. B. R. 322, 115 N. Y. App. Div. 488. In re Quackenbush (N. Y. Sup.), 19 Am. B. R. 647; 122 N. Y. App. Div. 456. "When granted. Judgment for conversion. Fechter v. Postel, 17 Am. B. R. 316; 114 N. Y. App. Div. 776. When application denied. Debt created by fraud. Kaufman v. Lindner (City Ct.), 6 Civ. Proc. R. 148. BuUis v. O'Beirne (U. S. Sup.), 13 Am. B. R. 108; 195 U. S. 606; 49 L. Ed. 340. Judgment for criminal conversation, necessarily involving malice. Tinker v. Cohvell (U. S. Sup.), 11 Am. B. R. 568; 193 U. S. 473; 48 L. Ed. 754; aTg 7 Am. B. R. 334; 169 N. Y. 531. Denied where it appears judgment creditor had no notice, and address was incorrectly stated in schedules. Murphy v. Blumenreich, 19 Am. B. R. 910; 123 N. Y. App. Div. 645; In re appli- cation, etc.. of Quackenbush, 122 N. Y. App. Div. 456; 19 Am. B. R. 647; Columbia Bank v. Birkott, 12 Am. B. R. 691; 105 U. S. 345; aff'g S. C, 9 Am. B. R. 481; 174 382 FORMS IN BANKRUPTCY. N. Y. 112; Weidenfeld v. Tillinghast (N. Y. City Ct.), 18 Am. B. R. 531; 54 N. Y. Misc. 90; Cagliostro v. Indelle, 17 Am. B. R. 685; 58 N. Y. Misc. 44; Schiller v. Weinstein, 15 Am. B. R. 183; 47 N. Y. Misc. 622; Sutherland v. Lasher, 11 Am. B. R. 780; 41 Misc. 249, aff'd 87 App. Div. 633. Burden of proof. Weidenfeld v. Tillinghast {supra). Effect of failure to have provable judgment cancelled of record. In re Peterson, 22 Am. B. R. 549. FORM No. 254. PETITION TO REVOKE DISCHARGE. United States District Court, for the District of t In Bankruptcy. In the Matter OF ^Bankrupt. y No. To Hon , Judge of the District Court of the United States for the District of : The petition of respectfully shows and alleges : 1. That he is a creditor herein whose claim has been filed and allowed at the sum of $ and is affected by the discharge herein. 2. That on the day of 19 . . , the above named was duly adjudged a bankrupt in this court and thereafter was discharged from his debts by order dated the day of 19. ., and that one year has not yet expired. 3. That since the granting of said discharge, the following facts have come to the knowledge of petitioner : [Here set forth specifically facts constituting ground for revoking discharge.] That petitioner's sources of information are as follows : 4. Your petitioner alleges that the actual facts as above set forth, did not warrant the discharge of said bankrupt and that said discharge was obtained through the fraud of the bankrupt. FORMS IN BANKRUPTCY. 383 5. That petitioner had no knowledge of the actual facts as above set forth at the time of the granting of the bankrupt's discharge, 6. That no previous application has been made for the order herein. Wherefore your petitioner prays for an order revoking and setting aside on the ground of fraud the discharge of the said , bankrupt, and for such other and further relief as may be just and proper in the premises. Petitioner. (Verification.) FORM No. 255. ORDER REVOKING DISCHARGE. At a Stated Term of the District Court of the United States for the District of , held at the Court House, City of , on the day of ,19... Present : Hon , District Judge. In the Matteb OF bankrupt. y No. , a creditor with a provable claim herein, having filed a petition duly verified, praying that the discharge of the above named bankrupt granted on the day of 19 . ., be revoked and set aside for fraud of said bankrupt in obtaining said discharge, and the said bankrupt having filed his verified answer thereto and the matter having been duly heard before this court, Now, upon reading and filing the petition of , a creditor herein, verified the day of , 19. . and the answer of said bankrupt, verified the day of , 19. . and after hearing in support of said motion and in opposition thereto, and sufficient cause appearing to me therefor, it is 384 FORMS IN BANKRUPTCY. Ordered, adjudged, and decreed that the discharge granted herein to on the day of , 19 . . be and hereby is revoked and set aside and the proceeding reinstated. D.J. NOTES. Revoking discharge. Sec. 15. Cross reference sec. 2, (12), 14, 21-f, 29 b 64-a "Who may apply. Parties in interest. "Not guilty of undue laches." In re Hawk (C. C. A. 8th Cir.), 8 Am. B. R. 71; 114 Fed. 916; 52 C. C. A. 536. In re Upson, 10 Am. B. R. 758; 124 Fed. 980. In re Oleson, 7 Am. B. R. 22; 110 Fed. 796. Arrington v. Arrington, 13 Am. B. R. 89; 132 Fed. 200. In re Griffin Bros., 19 Am. B. R. 78; 154 Fed. 537. "Within one year arfter discharge. In re Bimberg, 9 Am. B. R. 601 ; 121 Fed. 942. In re Hawk (supra). Kentucky Nat. Bank of Louisville v. Carley (C. C. A. 3rd Cir.), 12 Am. B. E. 119; 121 Fed. 822; 58 C. C. A. 158. Upon a trial. Hearing before the judge or special master is a trial. Obtained through the fraud of the bankrupt. Fraud only ground for revocation. In re Meyers (D. C. N. Y.), 3 Am. B. R. 722; 100 Fed. 775. In re Roosa, 9 Am. B. R. 531 ; 119 Fed. 542. In re Hansen, 5 Am. B. R. 747; 107 Fed. 2.52. In re Hoover, 5 Am. B. R. 247 ; 105 Fed. 354. In re Griffin Bros., 19 Am. B. R. 78; 154 Fed. 537. Knowledge of the fraud, etc.— Essential and jurisdictional. Restricted to frauds discovered since entry of order of discharge. Corrupt agreement with creditor. In re Dietz, 3 Am. B. R. 316; 97 Fed. 563. "Pacts did not warrant the discharge." In re Toothaker Bros., 13 Am. B. R. 99; 128 Fed. 187. When application denied. In re Fritz. 23 Am. B. R. 84. In re Lasch, 15 Am. B. R. 629; 142 Fed. 277. Practice. In re Meyers (supra). In re Oliver. 13 Am. B. R. 582; 133 Fed. 832. Petitioners must have provable claims. In re Chandler (C. C. A. 7tb Cir.), 14 Am. B. R. 512; 138 Fed. 637; 71 C. C. A. 87. FORMS IN BANKRUPTCY. 385 Amendment of petition. In re Oliver {supra). Effect of revocation. In re Shaffer, 4 Am. B. R. 728: 104 Fed. 982. No collateral attack. In re Shaffer (mpra). Custard V. Wiggerson, 17 Am. B. R. 337 ; 130 Wis. 418. TITLE X. COMPOSITION WITH CREDITORS. FOBM No. 256. Offer of Composition. 257. Petition for Meeting to consider Offer. 258. Acceptance of Offer. 259. Application for Confirmation of Composition. 260. Proper Arrangement of Papers constituting " Record on Compo* sition." (Required in Southern District of New York.) 261. Certificate of Deposit. 262. Notice to Creditors. 263. Order on Petition for Confirmation. Proof of Mailing. 264. Referee's Certificate and Indemnity Account. 265. Order confirming Composition and making Distribution. 266. Notice of Appearance of Objecting Creditor. 267. Specifications of Objection. 268. Exceptions to Specifications. 269. Report of Special Master. 270. Order refusing Confirmation of Composition upon Report of Spe- cial Master. 271. Petition to set aside a Composition. 272. Order setting aside a Composition. FORM No. 256. OFFER OF COMPOSITION. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. To , Esq., Referee in Bankruptcy, and the creditore of , a bankrupt : 386 FORMS IN BANKRUPTCY. 387. The undersigned, (who was adjudicated a bankrupt herein on the day of , 19. ., and) whose schedules of creditors and property have been previously duly filed in the office of the clerk of this court, (or with Esq., the referee in bankruptcy in charge,) and who was examined in open court herein on the day of , 19. ., does hereby offer a composition at per cent. (....%) of the claims of his creditors, allowed or to be allowed, except those entitled to priority, in this proceeding and payable as follows : (Here state particulars of offer.) Dated, , ,19... Banlcrupt. (Verification.) [See. Sec. 12-a. Amendments of 1910, for Important Changes permitting compositions before adjudication.] NOTES. Act, sec. 12-a. General Orders XII. (3), XXXII. Offer. — Bankrupt may offer, but not until schedules have been filed; and may offer at first meeting of creditors. In re Hilborn, 4 Am. B. R. 741 ; 104 Fed. 866. In re Bloodworth Stembridge Co., 178 Fed. 372. Composition cannot be effected until there has been an adjudication. Abrogated by the amendment of 1910. In re Back Bay Automobile Co. (C. C. A. 1st Cir.), 19 Am. B. R. 835; rev'gS. C. 19 Am. B. R. 33; 158 Fed. 679. 388 FORMS IN BANKRUPTCY. FORM No. 257. [Official.] PETITION FOR MEETING TO CONSIDER COBffPOSmOir. District Court of the United States for the District of In Bankruptcy. In thb Matter OP bankrupt. To the Honorable , Judge of the District Court of the United States for the District of : The above-named bankrupt respectfully represent that a composition of per cent, upon all unsecured debts, not entitled to a priority in satisfaction of debts has been proposed by to creditors, as provided by the acts of Congress relating to bankruptcy, and verily believe that the said composition will be accepted by a majority in number and in value of creditors whose claims are allowed. Wherefore, . . he pray .... that a meeting of creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court. Bankrupt. N0TE8. This form is seldom used, as offer and acceptances are filed and application made at once to confirm. FORMS IN BANKRUPTCY. 389 FORM No. 268. ACCEPTAXCE OF OFFEB. Tnited States District Court, for the District of In Bankruptcy. "hi THE MaTTEB OF bankrupt. To Esq., Eeferee in Bankruptcy and the Bankrupt above named : The undersigned creditors, whose signatures, residences, claims and the amount at which the same have been allowed are hereafter set out, do hereby accept the offer of composition at per cent. ( . . % ) made herein by , the above named bankrupt, on the day of , 19. ., and payable as follows: (Here follow terms of offer exactly.) Dated , , 19... Signature of Amount of Witness. Creditor. Residence. Claim. (Verification, if desired.) NOTES. A creditor, who has once accepted, cannot in the absence of fraud ormisrepresentation, withdraw his acceptance. In re Levy, 6 Am B. R. 299; 110 Fed. 744. After acceptance bankrupt may not withdraw. In re Ennis and Stoppani (So. Dist. N. Y.). (Not yet reported). Mortgagees whose debts are contingent upon a deficiency arising under a foreclosure, are neither necessary nor proper parties. In re Kahn, 9 Am. B. R. 107; 121 Fed. 412. Assignee of a number of creditors to be counted as one creditor only. In re Messengill, 7 Am. B. R. 669; 113 Fed. 366. 390 FORMS IN BANKRUPTCY. FORM No. 259. [Official] APPLICATION FOR CONFIRMATION OF COMPOSITION. United States District Court, for the District of In Bankruptcy. In thb Matter OP y No. bankrupt. To the Honorable Judge of the District Court of the United States, for the District of : At , in said district, on the day of , 19. ., now comes , the above named bankrupt, and respect- fully represents to the court that after he had been examined in open Court [or at a meeting of his creditors] and had filed in court a schedule of his property and a list of his creditors, as required by law, he offered terms of composition to his creditors, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims; that the consideration to be paid by the bankrupt to his creditors, the money necessary to pay all debts which have priority, and the costs of the proceedings, amounting in all to the sum of dollars, has been deposited subject to the order of the Judge, in the No , , designated depository of money in bankruptcy cases. Wherefore, the said respectfully asks that the said com- position may be confirmed by the court. (Verification.) Bankrupt. FORMS IN BANKRUPTCY. 391 FORM No. 260. ARRANGEMENT OF PAPERS ON COMPOSITION. (REQUIRED IN SOUTHERN DISTRICT OF NEW YORK.) Papers constituting " Record on Composition " should be arranged in following order: 1. Record of proceedings before Referee. 2. Order of Adjudication and Reference. 3. Proofs of publication and mailing of notice of first meeting. 4. Memorandum of proceedings at first meeting, including examination of bankrupt. 5. Offer of composition and acceptance thereof. 6. Certificate of deposit. 7. Petition for confirmation of composition. 8. Proof of publication of notice of application for composition. 9. Proof of mailing of copy petition for composition and order thereon. 10. Referee's certificate and indemnity account. NOTE. In compositions before adjudication modify 1, 2, 3 and 4 accordingly. FORM No. 261. CERTIFICATE OF DEPOSIT. United States District Court, for the District of .;«JJ In Bankruptcy. In the Matter OP No. Bankrupt. To the Honorable Judge of the United States District Court, for the District of : The , of , a designated depository of 392 FORMS IN BANKRUPTCY. bankruptcy funds in this district, hereby certifies that it has on deposit, to your order in this proceeding, the sum of $ , the amount of money necessary as determined by this court to pay the costs of the proceeding and all claims entitled to priority of payment therein : (And also certifies that it holds on deposit the consideration offered, and accepted by the creditors of , bankrupt, upon this com- position.) Dated, ,19... 'Depository by... NOTES. Deposit of conBideration. Amount must be enough to pay all creditors the stipulated percentage. In re Fox, 6 Am. B. R. 525. In re Harvey, 16 Am. B. R. 345; 144 Fed. 901. Secured claims not liquidated should not be considered in determining the amount. In re Harvey {supra). Taxes must be provided for. In re Flynn, 13 Am. B. R. 720; 134 Fed. 145. In re Fisher & Co., 14 Am. B. R. 366; 135 Fed. 223. Sufficient cash to pay all debts which have priority and the costs of the proceedings, must be deposited. In re Fisher «fe Co. (supra) ; In re Fox (supra) ; In re Harvey (supra). Bankrupt must pay his own attorney as no costs allowed to him on contest. In re Martin, 18 Am. B. R. 250; 152 Fed. 582. Costs of proceeding. In re Harris, 9 Am. B. R. 20; 117 Fed. 575. Counsel fees. In re Dalton, 14 Am. B. R. 617; 137 Fed. 178. FORMS IN BANKRUPTCY. 393 FORM No. 262. NOTICE TO CREDITORS. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. No. To the creditors of , bankrupt: Notice is hereby given that the above named bankrupt has filed his petition, verified the day of , 19 . ,, setting forth among other things that he has offered terms of composition, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, and which number represents a majority in amount of such claims, that the consideration to be paid by the bankrupt to his creditors and the money necessary to pay all debts which have priority and the costs of the proceedings have been duly deposited in a duly designated depository, and asking that said composition may be confirmed by the court. Notice is hereby given that all creditors and other persons are ordered to attend at the hearing before the Honorable Judge of the United States District Court in the United States Court House, on , , 19. ., at . . — ' M., and then and there show cause, if any they have, why the prayer of said petitioner should not be granted, and also to attend the examination of the bankrupt thereon. Dated , , 19. .. > Referee in Bankruptcy. No Street, City of [Annex proof of publication as on Discharge proceeding.] 394 FORMS IN BANKRUPTCY. FORM No. 263. ORDER TO SHOW CAUSE THEREON. . . . District of ,ss.: On this day of A. D. 19 . ., on reading the foregoing petition for confirmation of composition, it is Ordered by the court, that a hearing be had upon the same, before the Honorable Judge of the U. S. District Court, in the U. S. Court House, in the City of , on , , 19 . . , at M., and that notice thereof be published in the , a newspaper printed in said district, and that all known creditors and other persons in interest may appear at the said time and place and show cause, if any they have, why the prayer of the said petition should not be granted, and also attend the examination of the bankrupt thereon. And it is further ordered by the court that the referee in charge shall send by mail to all known creditors, copies of said petition and of this order addressed to them as required by law. Witness, the Honorable Judge of the said court, and the seal thereof, at the city of , in said district, on the day of , 19 . . . Clerk. [Proof of mailing as in application for discharge.] FORMS IN BANKRUPTCY. 395 FORM No. 264. REFEREE'S CERTIFICATE AND (INDEMNITY ACCOUNT). In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF Bankrupt. > No Referee's Certificate On Composition. I, , Referee in Bankruptcy, to whom the above entitled proceeding was duly referred by order of this court, do hereby Certify that the foregoing is a record of the proceedings had before me in the above entitled proceeding, and I further certify that the schedules disclosed assets, not exempt by law and that trustee has been appointed herein, and I, further certify and report that the said bankrupt duly offered terms of composition to creditors after he had been examined at a meeting of creditors and had filed in court a schedule of property and a list of creditors as required to be filed by the Bankruptcy Act; that said offer of composition was duly accepted in writing by a majority in number of all creditors whose claims have been allowed, whicb number represents a majority in amount of such claims, and that such written acceptance of such proposed composition is returned herewith ; that the consideration to be paid by the bankrupt to all his creditors, the money necessary to pay all debts which have priority and the costs of the proceedings, amounting in all to the sum of $ have been deposited, subject to the order of the Judge, in , one of the designated depositories of money in bankruptcy cases in , and that a certificate of such deposit is returned herewith ; that, in my opinion, the con- firmation of said composition is for the best interest of the creditors, and I further certify that as far as appears by the record herein the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to a discharge, and the said offer and its acceptance are in good faith and have not been made or procured except as provided in the Bankruptcy Act, or by any means, promises or acts forbidden by the Bankruptcy Act. 396 FORMS IN BANKRUPTCY. (And I further certify that the following is an itemized statement of the sums deposited with me as indemnity herein and of the items of charges against the same and of the balance remaining in my hands.) Dated ,19... Referee in Bankruptcy. [Here attach indemnity account in So. Dist. of New York.] FORM No. 265. ORDER CONFIRMING COBIPOSITION AND MAKING DISTRIBUTION. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankxiipt. An application for the confirmation of the composition at . . % offered by the bankrupt to his creditors, having been filed in court, and it appearing that such composition has been accepted by a majority in number of all of the creditors whose claims have been allowed, and that such creditors represent a majority in amount of such claims, and the consideration required by Section 12-b of the Bankruptcy Act of 1898 having been deposited in the place designated by this court, and subject to the order of Hon , the Judge of said court ; and it also appearing that said composition is for the best interests of the creditors, and that the bankrupt has not been guilty of any of the acts, or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its acceptance are in good faith and has not been made or procured by any means, averments or acts contrary to the Acts of Congress relating to bankruptcy; and it further appearing that an order to show cause why such composition should not be confirmed has hereto- fore been made herein, and due notice having been given, as required by Section 58-a, (2), of said Bankruptcy Act, and no specifications of objection FORMS IN BANKRUPTCY. 397 to such confirmation having been filed, and the court being satisfied in all of the particulars specified in Section 12-b of said Law ; it is Ordered, that said composition be, and the same hereby is, in all things con- firmed ; and it is further Ordered and Decreed, that the distribution of the moneys deposited with the in these proceedings to the order of Hon , Judge, shall be made by the trustee herein, by checks drawn and signed by him, and countersigned by , Esq., the referee in charge of this case, as follows: 1. That he first pay the claims of creditors entitled to priority, as fixed by schedule " A," hereto annexed and made a part of this order. 2. That he pay the costs of these proceedings in the sums and to the persons named in the schedule hereto annexed marked schedule " B," which is hereby made a part of this order. 3. That he pay . . % of the several claims of general creditors whose claims have been scheduled, filed or proved in accordance with the schedule hereto attached marked schedule " C," which said schedule is hereby made a part of this order. 4. That he retain the sum of dollars ($ ) representing . . % on the amount of claims of general creditors not yet proved nor adjusted, in accordance with the schedule hereto attached marked schedule " D," which said schedule is hereby made a part of this order, said amount to be retained on deposit with the until the claims mentioned in schedule " D " shall have been adjusted and allowed by the referee, and to pay to said creditors . . % of such claims as shall be proved, adjusted and allowed by the referee herein. 5. To pay the balance remaining on deposit with said , after the payment of the above mentioned claims, to or his attorney. Witness, the Hon , Judge of said court, and the seal thereof, at , the City of , on the day of ,19... D.J. [Schedules annexed each signed by Referee.] 398 FORMS IN BANKRUPTCY. CERTIFICATE OF REFEREE. In the District Court of the United States, for the District of -»-•■> In the Mattbb OF No. bankrupt. I, , Referee in Bankruptcy in charge of the above entitled proceedings, do hereby certify that the list of creditors and the amount due them respectively are correctly set forth in the annexed order, according to the claims proven or scheduled herein. And I further certify that the calculation of payments to be made under the composition confirmed herein and as set forth in the said annexed order are correct. Dated , 19... Referee in Bankruptcy. NOTES. Act. Sec. 12 d, e. Only the judge has power to confirm. In re Sonnabend, 18 Am. B. R. 117. Section strictly construed. In re Frear, 10 Am. B. R. 199; 120 Fed. 978. In re Rider, 3 Am. B. R. 178; 96 Fed. 808. Broadway Trust Co. v. Mannheim, 14 Am. B. R. 122; 47 N. Y. Misc. 415. Upon entry of order of confirmation, the title to bankrupt's property immediately re- vests in him. In re Winship Co. (C. C. A. 7th Cir.). 9 Am. B. R. 638; 120 Fed. 93. Order of confirmation in effect a discharge and may be pleaded in bar with like effect. Mandell & Co. v. Levy (N. Y. Sup. Ct.), 14 Am. B. R. 549. Adler v. Hammond (C. C. A. 6th Cir.), 4 Am. B. R. 736; 104 Fed. 862. Glover Grocery Co. v. Dome, 8 Am. B. R. 702; 116 Ga. 216. Ross v. Saunders (C. C. A. 1st Cir.), 5 Am. B. R. 350; 105 Fed. 915, 45 C. C. A. 123. Stone v. Jenkins, 4 Am. B. R. 568; 176 Mass. 544. If not pleaded is deemed waived. Dimock v. Revere Coffee Co.. 117 U. S. 559; 29 L. Ed. 994. Effect of failure to carry out a composition. In re A. B. Carton & Co., 17 Am. B. R. 343; 148 Fed. 63. E.xcept in case of fraud, a creditor knowing that he is not included in schedules can- not afterwards complain of the omission. In re Abrams and Rubins, 23 Am. B. R. 25; 173 Fed. 430. Distribution on composition. Judge to prescribe manner. In re Lane. 11 Am B. R. 137; 125 Fed. 772. As to referee's powers thereon FORMS IN BANKRUPTCY. 399 In re Fox, 6 Am. B. R. 526. Claims not proved within one year, not to share. In re Brown, 10 Am B. R. 588; 123 Fed. 336. In re Lane (stipni). Time to appeal, in re McCall, 16 Am. B. R. 670; 145 Fed. 898. (As to appeals in composition cases, see Appeals Form 302 notes.) Order confirming a composition is a judgment granting a discharge reviewable by appeal under sec. 25-a. In re Friend (C. C. A. 7th Cir.), 13 Am. B. R. 595; 134 Fed. 778; 67 C. C. A. 500. Parties to appeal. Marshall Field & Co. v. "Wolf & Bro. Dry Goods Co. (C. C. A. 8th Cir.), 9 Am. B. R. 693; 120 Fed. 815. Ross V. Saunders (supra). FORM No. 266. NOTICE OF APPEARANCE OF OBJECTING CREDITOR. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. To the District Court of the United States for the District of : The clerk of this court will please enter my appearance as attorney for , of , a creditor of , the above named bankrupt, whose claim has been duly filed and allowed herein, and who desires to file specifications of objection to the confirmation of the proposed composition herein. Dated, , ,19... > . . Attorney for , Objecting Creditor. Address 400 FORMS IN BANKRUPTCY. FORM No. 267. SPECIFICATIONS OF OBJECTION TO CONFIRSIATION OF COMPOSI- TION. In the District Court of the United States for the *v. . District of In Bankruptcy. I In the Matter OF V No. Bankrupt. , of , a creditor and person interested in the estate of , the above-named bankrupt, does hereby oppose and object to the confirmation of the composition offered by said bank- rupt, and, for grounds of such opposition and objection, does file the following specifications : I. That said composition is not for the best interests of the creditors herein, on the ground that the assets belonging to this estate properly handled and administered will pay a considerably larger dividend to creditors and for that reason the proposed composition should not be confirmed. II. That the bankrupt has been guilty of acts which would be a bar to his discharge, in that he has, etc. [Here set forth specifically such acts.] III. That the offer and its acceptance are nfft in good faith, because of the fact that: [Here set forth acts or conduct complained of.] Wherefore objects to the confirmation of the composition herein and asks a hearing of the Court thereon. Objecting Creditor. By , Attorney. Address (Verification.) FORMS IN BANKKUPTCY. 401 NOTES. Specifications of objection. Only grouuds available are those set forth in sec. 12 (d). In re Rudwick, 2 Am. B. R. 114; 93 Fed. 787. Burden of proof ou objector. City Nat. Bank v. Doolittle (C. C. A. 5th Cir.), 5 Am. B. R. 736; 107 Fed. 236; 46 C. C. A. 258. Must be definite and certain and in the language of the Act. Should be framed with great precision, with averment of facts not conclusions. In re Ryder, 3 Am. B. R. 180. Who may file. Creditor or "party in interest." An assignee of au original claim against a bankrupt entitled to file. In re COmstock, 19 Am. B. R. 65 ; 154 Fed. 747. The number of creditors objecting is Immaterial. In re Godwin. 10 Am. B. R. 252; 122 Fed. 111. In re Olman, 13 Am. B. R. 395; 134 Fed. 681. In re Frazin and Oppenheim (So. Dist. N. Y.), (not reported). Grounds of objection. Because against the best interests of the creditors. Adler v. Joues (C. C. A. 6th Cir.), 6 Am. B. R. 245; 109 Fed. 967 ; 48 C. C. A. 761. aff'g 103 Fed. 444. As a general rule the fact that a majority in number and amount of creditors have accepted is prima facie evidence that it is for the best interests of all. In re Waynesboro Drug Co., 19 Am. B. R. 487; 157 Fed. 101. In re Arrington Co., 8 Am. B. R. 64; 113 Fed. 498. In re Criterion Watch etc. Co., 8 Am. B. R. 206. In re Woodend, 12 Am. B. R. 768; 133 Fed. 593. There must be a majority in number and amount of individual as well as partnership creditors. L. UUman & Co. (So. Dist. N. Y.), (not yet reported). Because of the commission of acts or failure to perform duties "which ■would bar a discharge. In re Wilson, 5 Am. B. R. 849; 107 Fed. 83. In re Comstock, 19 Am. B. R. 65; 154 Fed. 747. In re Olman, 13 Am. B. R. 395; 134 Fed. 681. In re Godwin, 10 Am. B. R. 252; 122 Fed. 111. Because of the absence of good faith. In re Seligman, 20 Am. B. R. 774; 163 Fed. 549. In re Comstock (supra). Secret preferences render illegal. In re Chaplin, 8 Am. B. R. 121 ; 115 Fed. 162. McCormick v. Solinsky (C. C. A. 5th Cir.), 18 Am. B. R. 540; 152 Fed. 984; 82 C. C. A. 134. Withdrawal of objections. In re Levy (D. C. Mass.), 22 Am. B. R. 769; 172 Fed. 780. 402 FORMS IN BANKRUPTCY. FORM No. 268. EXCEPTIONS TO SPECIFICATIONS. United States District Court, for the District of In Bankruptcy. In the Mattbb OP Bankrupt. No. , , the bankrupt herein by , his attorney, hereby excepts to the specifications of objection filed herein by .... , to the confirmation of his proposed composition with creditors herein as follows: 1. He excepts to the first of said specifications of objection as indefinite, insufficient in law and as constituting no ground under the Bankruptcy Law and the Amendments thereof, for withholding confirmation of the proposed composition. 2. He excepts to the second of said specifications on the ground that there- are no specific averments of fact from which an issue may be raised and tried. Wherefore this exceptant asks that said specifications be dismissed. Attorney for BanTcrwpt. City of FORMS IN BANKRUPTCY. 403 FORM No. 269. REPORT OF SPECIAL MASTER ON SPECIFICATIONS OF OBJECTION TO COMPOSITION. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. No. 1 To the Honorable Judge of the District Court of the United States, for the District of : I, , to whom as Special Master, the issues raised by the specifications filed by , creditors, objecting to the composition offered by the bankrupt herein, and accepted by a majority in number and amount of his creditors, were referred by this court, for examination, testimony and report, do respectfully report as follows: The matter came on to be heard before me upon notice of hearing served upon the attorney for the objecting creditors with admission of due and timely service. Appearances : , Attorney for objecting creditors. , Attorney for bankrupt. The objections contained in the specifications filed in opposition to the composition are three in number: 1. That the offer is inadequate in amount. 2. That there is no cash payment. 3. That the bankrupt's property is about to be put into the hands of trustees or directors, who are not required to give any bond. [Here follows substance of report, each specification considered and separately passed upon.] I have therefore, come to the conclusion and report that in my opinion the 404 FORMS IN BANKRUPTCY. objecting creditor has failed to sustain any of his objections and they should each of them be overruled, and I recommend that the composition be con- firmed [or rejected upon opposite findings.] Respectfully submitted. Dated, , , , 19... TJ. 8. Special Master. FORM No. 270. ORDER REFUSING CONFIRMATION OF COMPOSITION UPON REPORT OF MASTER. At a Stated Term of the United States District Court for the District of , held at the United States Court House, City of , on the .... day of , 19... Present : Hon , District Judge. In the Matter OP Bankrupt. No. An application for confirmation of the composition offered by the bankrupt to his creditors having been made herein, and specifications of objection liaving been filed thereto by , and , creditors and parties in interest, and such specifications having been referred to , Esq., as special master to ascertain and report the facts with his opinion, and such special master having filed his report dated ^ 19. ., and recommended that certain of such specifications be sustained and that the bankrupt's offer of composition should be rejected and the proposed composition disallowed, and upon the filing of the report of the special master the said application for confirmation of the said composition having been argued, and after hearing , FORMS IN BANKRUPTCY. 405 attorney for , in support of said motion, and , attorney for , in opposition thereto, Now, on motion of , attorney for , it is Ordered, that the report of , special master herein, dated , 19. ., and filed in the office of the clerk of this court on that day, be, and the same is hereby in all respects confirmed ; and it is Further ordered, that the offer of composition made by bankrupt, be and the same is hereby rejected, and the application for the con- firmation of said composition be and the same is hereby denied and disallowed ; and it is Further ordered, that the objecting creditors herein recover their costs and disbursements out of the estate of the bankrupt herein, to be paid by the trustee, and that it be and the same is hereby referred to Esq., referee in charge, to ascertain and determine the amount to be allowed to the said objecting creditors to reimburse them for their costs and disburse- ments and to fix the amount of the allowance to be granted to the said attorneys for the said objecting creditors. D.J. FORM No. 271. PETITION TO SET ASIDE A COMPOSITION, In the District Court of the United States for the District of In Bankruptcy. In the Matter OP Bankrupt. To the District Court of the United States, for the District of : The petition of respectfully shows to this court and alleges : 1. That he is a creditor and party in interest herein, whose claim has been duly filed and allowed in this proceeding. 40f> FORMS IN BANKRUPTCY. 2. That on the day of , 19.., the bankrupt herein, after he had been examined before the Referee, duly offered a com- position in said proceeding to his creditors upon the following terms and con- ditions : That said offer was thereafter duly accepted by petitioner and other creditors of said bankrupt, upon the terms and conditions as offered and on the day of J 19 . ., the said composition was duly confirmed by the District Judge in the manner and form as offered and accepted. 3. That said composition was offered and accepted and confirmed upon statements that all the creditors should share equally in said composition and receive the same pro rata amounts upon their said several claims. 4. That since the entry of the order confirming said composition and within a period of six months thereafter your petitioner has discovered that state- ments upon which the said composition was procured were false and untrue and that fraud was practised by the said bankrupt in procuring the said com- position in the following particulars: [here allege specifically the fraudulent acts of bankrupt by which it is claimed the composition is vitiated.] ,5. That all of the above facts and circumstances were not known to peti- tioner prior to the confirmation of the composition herein. 6. That your petitioner relied upon the representations of the bankrupt and would not have accepted said composition had he known the exact situation and the fraudulent acts of the bankrupt, as above stated. 7. No previous application for the order asked for herein has been made. Wherefore, your petitioner prays that the said composition be vacated and set aside, the proceeding reinstated and the property returned to the trustee for distribution, according to the Bankruptcy Law. Petitioner. (Verification.) NOTES. Setting aside a composition. Sees. 13,2 (9). Cross references sees. 12, 15, 21 (f), 29 (b), 64 (c). Collier on Bankruptcy (7th. ed.) pp. 245-249. For fraud in procuring such composition. Sec. 13a limitation on sec. 2, (9). In re Rudwick, 2 Am B. R. 114; 93 Fed. 787. Misrepresentation and concealment. In re Wrisley Co. (C. C. A. 7th Cir.), 13 Am. B. R. 193; 133 Fed. 388; 66 C. C. A. 450. Fraud must liave been discovered since the confirmation of the composition. In re Roukous (D. C. R. I.). 12 Am. B. R. 128; 128 Fed. 645. The making of false schedules and false oath to same and concealment of property by the bankrupt constitute fraud, " practiced in the procuring of such composition." In re Roukous (tiupra). Court may determine whether the fraud shown is such as would have warranted, had the facts then been known, the rejection of the composition. FORMS IN BANKRUPTCY. 407 In re Sacharoff and Kleiner (D. C. N. Y.), 20 Am. B. R. 814; 163 Fed. 664. Failure to fulfil on part of bankrupt not sufficient in itself to warrant setting aside. In re Eisenberg, 16 Am. B. R. 776 ; 148 Fed 325. When motion will not be granted. In re Cooper Bros. (D. C. N. Y.), 20 Am. B. R. 634; 159 Fed. 956. In re Abrams and Rubins, 23 Am. B. R. 25. Practice. Application by " party in interest ". Creditor who has assigned his claim though induced to do so by bankrupt's misrepre- sentations not " party in interest ". In re Wrisley & Co. (supra). Assignee of claim may file. Application should be made to Judge and within six months after the composition has been confirmed. In re Eisenberg, 16 Am. B. R. 776; 148 Fed. 325; In re Jersey Island Packing Co, 18 Am. B. R. 417; 154 Fed. 839. A referee to whom as special master, a petition to set aside a composition has been referred, may grant an order re-opening the estate. In re Sonnabend, 18 Am. B. R. 117. Petition need not allege that petitioner restored or offered to restore the consideration immediately on discovery of the fraud. In re Roukous (supra). Notice should be given to all creditors. Verification in usual form for bill in equity sufficient. In re Roukous (supra). 408 FORMS IN BANKRUPTCY. FORM No. 272. ORDER SETTING ASIDE A COMPOSITION. At a Stated Term of the District Court of the United States, held in and for the District of , at the Court House, in the City of , on the day of , 19. .. Present : Hon , District Judge. In the Matter OF Bankrupt. , a creditor of the above named bankrupt, having filed a petition herein, verified the day of , 19 . ,, praying that the composition of said bankrupt with his creditors, confirmed by order of this court dated the day of , 19. ., be vacated and set aside for fraud in procuring same, and the proceeding reinstated, and an order to show cause having been issued thereon on the .... day of , 19. ., and the said motion having come on for hearing before this court on the .... day of , 19. ., (and a trial had), Now, upon reading and filing the petition of aforesaid, and upon all the pleadings and proceedings herein, and after hearing , Esq., in support of said motion, and , Esq., I in opposition thereto, and due deliberation having been had thereon, it is, on motion of , attorney for said petitioner. Ordered, adjudged and decreed that the composition of the bankrupt with his creditors herein, confirmed by this court by order made and entered on the day of , 19 . . , be and the same hereby is in all respects vacated and set aside and the bankruptcy proceeding reinstated. And it is further ordered that the property of the said bankrupt be and hereby is restored to the trustee herein and the said trustee directed to proceed with the administration of this estate, as provided in the Bankruptcy Act. Z). /. TITLE XI. RECLAMATION PROCEEDINGS. Form No. 273. Demand in Reclamation. 274. Petition to reclaim. 275. Notice of Motion thereon. 276. Answer in Keclamation. 277. Bond in Reclamation for Possession of Property. 278. Order of Reference to Special Master. 279. Report of Special Master. 280. Judgment in Reclamation for Delivery, etc. 281. Bill of Costs and Notice of Taxation. FORM No. 273. DEMAND IN RECUVMATION. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF Alleged bankrupt. Sir:— Please take notice that the undersigned is the owner of and entitled to the immediate possession of the following chattels which were wrongfully and unlawfully obtained from him by the above named (alleged) bankrupt, and that the undersigned demands the immediate return of said property, to wit: [Here set forth property claimed in detail]. Dated, Yours, etc.. By ['.','.'.'.'.'.[''..., Attorney. 409 410 FORMS IN BANKRUPTCY. To , Esq., Receiver in Bankruptcy of [or Trustee of] (alleged) Bankrupt. FORM No. 274. PETITION TO RECLAIM. In the District Court of the United States for the District of In Bankruptcy. In the Matter OF JBanJcritpt. No. To the District Court of the United States, for the District of The petition of respectfully shows and alleges : First: (That your petitioner is a corporation duly organized under and existing under and by virtue of the laws of the State of , and having an office for the transaction of its business in the city of ). Second : That at all the times hereinafter mentioned, the said bankrupt was engaged in business in the City of as Third: That your petitioner is the owner and entitled to the immediate possession of the property set forth in schedule " A " hereto annexed, and made a part hereof, and that the value of said property is ($ ) dollars. Fourth: That your petitioner further alleges upon information and belief, that heretofore and on or about the day of 19. ., an involuntary petition in bankruptcy was tiled in the office of the clerk of this Court, by three creditors of above bankrupt, praying that the said be adjudged an involuntary bankrupt, and that thereafter , Esq., was duly appointed as temporary receiver in bankruptcy of the said , and that pursuant to the order of his appointment, he did take posses- sion of and continues to hold the property mentioned and described in the schedule hereto annexed and made a part hereof, marked exhibit " A," and that the said property is in the original piece in which it was delivered by your petitioner to the said (That on the day of FORMS IN BANKRUPTCY. 411 , 19 . . , the said was duly adjudicated a bankrupt). Fifth : That heretofore and before the commencement of this proceeding, due demand was made by your petitioner upon the said , Esq., Eeceiver, that he deliver possession of the said goods, wares and merchandise in said schedule " A " mentioned to your petitioner, but that said demand has been refused. Sixth : That heretofore and at various times between the day of and the day of both dates inclusive, said , upon false and fraudulent representations, induced your petitioner to sell and deliver to him the said goods, wares and merchandise mentioned and described in said schedule " A " hereto annexed, and the said wrongfully, fraudulently and with intent to defraud your petitioner and knowing that your petitioner relied upon the truth of the representations so made, procured the said property to be delivered to his custody. Seventh: That at the time that the said goods were so delivered to the said by your petitioner as aforesaid, and at the time that the said false and fraudulent representations were made as aforesaid, the said was insolvent and unable to pay his debts in full to his knowledge, and made false and fraudulent representations with intent to cheat and defraud your petitioner, and so knowing his insolvency as afore- said, induced your petitioner to sell and deliver the said merchandise as aforesaid with the intent and design not to pay therefor when the term of credit upon which the same had been sold should have expired. Eighth : Your petitioner further alleges that the false and fraudulent representations, the truth of which he relied upon, and which induced him to sell and deliver the said merchandise as aforesaid, are as follows, to wit: That heretofore and on or about the .... day of , 19 . . , the said , did make, sign and deliver a written statement of his financial condition to in the City of wherein he did state that he had merchandise on hand on the .... day of to the value of $ ; outstanding accounts of $ ; fixtures of the value of $ ; and cash on hand and in bank of $ , or a total of assets of $ and did further state that his liabilities amounted to the sum of $ and that he was worth over and above all his debts and liabilities the sum of $ Ninth : That your petitioner obtained the said statement previous to the sale and delivery of the said merchandise in said schedule " A " mentioned ; and as your petitioner is informed and does verily believe, the said did deliver the said signed statement as aforesaid to petitioner for the purpose of obtaining credit, and that your petitioner relied upon the truth of the representations therein contained. Tenth: Upon information and belief, that the aforesaid representations were false and untrue, in that the said did not have on the 412 FORMS IN BANKRUPTCY. day of , the assets as heretofore alleged and stated by him in said statement, of the total value of $ , and owed in liabilities a sum in excess of the liabilities as hereinabove alleged and by him in said statement specified of $ , and that the said did not have a surplus over and above all of his debts and liabilities of the sum of $ Eleventh: That the said goods had not been taken by virtue of a warrant against your petitioner for the collection of any tax, assessment or fine, issued in pursuance of a statute of the United States, and that they have not been seized by virtue of an execution or warrant of attachment from or through whom your petitioner has derived title to the said chattels. Wherefore, your petitioner does respectfully pray that the said Esq., as said temporary receiver herein, be directed to deliver to your petitioner the said property in said schedule " A " mentioned and described, upon your petitioner filing in the Office of the Clerk of this Court a bond in double the value of said property to be returned to him conditioned that in the event your petitioner fails to establish his right, title and interest in and to the said property, that then, and in that event, your petitioner will repay to the said receiver, or trustee hereinafter to be elected, the value of the said property so to be delivered to him and all costs and expenses, and your petitioner have such other and further relief, as to this Honorable Court may seem just and proper. Dated ,19... Petitioner. Solicitors for Petitioner, [Address.] (Verification.) (Schedule " A " annexed.) NOTES. Sees. 70 a (5), 67 a, d, as amended 1910. When right to reclaim exists. In re Murphy, etc., Shoe Co., 11 Am. B. R. 428, In re Hamilton Furniture, etc., Co., 9 Am. B. E. 65; 117 Fed. 774. In re Patterson & Co., 10 Am. B. R. 748; 125 Fed. 562. In re Weil, 7 Am. B. R. 90, 111 Fed. 897. In re Epstein, 6 Am. B. R. 60; 109 Fed. 878. In re Hildebrandt, 10 Am. B. R. 184; 120 Fed. 992. In re O'Connor, 9 Am. B. R. 18; 114 Fed. 777. Silvey v. Tift, 17 Am. B. R. 9, 123 Ga. 804, 51 S. E. 748. Right to rescind depends upon the conditions and intention of the buyer, when the contract was made, irrespective of conditions at time of delivery. In re Levi and Picard, 16 Am. B. R. 756; 148 Fed. 654. In re Rose, 14 Am. B. R. 345, 135 Fed. 888. In re Levi and Picard, 17 Am. B. R. 430. McEwen v. Totten (C. C. A. 5th Cir.), 21 Am. B. R. 336; 164 Fed. 8.37 ; 90 C. C. A. FORMS IN BANKKUPTCY. 413 In re McDonald, 14 Am. B. R. 797; 138 Fed. 463. Southern Pine Co. v. Savannah Trust Co. (C. C. A. 5th Cir.), 15 Am. B. R. 618; 141 Fed. 802; 73 C. C. A. 60. Recission for Fraud. In re Weil, 7 Am. B. R. 90; 111 Fed. 897. In re Davis, 7 Am. B. R. 273; 112 Fed. 294. Blooming-dale v. Empire Rubber Mf'g Co., 8 Am. B. R. 74; 114 Fed. 1016. Wm. Openhym & Sons v. Blake (C. C. A. 8th Cir.), 19 Am. B. R. 639; 157 Fed. 536; 87 C. C. A. 122. Haywood Co. v. Pittsburgh Industrial Iron Works, 19 Am. B. R. 780. In re Darlington (D. C. N. Y.), 20 Am. B. R. 800. In re Dunlop (Dunlop v. Mercer, (C. C. A. 8th Cir.), 19 Am. B. R. 3G1; 156 Fed. 545; 86 C. C. A. 435. In re Schindler, 19 Am. B. R. 800; 158 Fed. 458. In re Susquehanna Roofing Co., 23 Am. B. R. 5. Crucible Steel Co. of America v. Holt (C. C. A. 6th Cir.), 23 Am. B. R. 302; 174 Fed. 127. When right to reclaim denied. • In re Hill Co. (C. C A. 7th Cir.), 12 Am. B, R. 221 (note); 123 Fed. 806; 59 C. C. A. 354. In re Simpson Mf'g Co. (C. C. A. 7th Cir.), 12 Am. B. R. 212; 130 Fed. 307; 64 C. C. A. 553. In re Priegle Paint Co., 23 Am. B. R. 385. See, In re Froelich Rubber Refining Co., 15 Am. B. R. 72; 139 Fed. 201. In re O'Connor, 7 Am. B. R. 428. In re American Knit Goods Mfg. Co. (D. C. N. Y.), 19 Am. B. R. 212; 155 Fed. 906. When claimant has filed a claim and voted for the trustee with knowledge of the bankrupt's fraudulent representations, he may not afterwards rescind the contract, withdraw his claim and reclaim the goods. Standard Varnish Works v. Haydock (C. C. A. 6th Cir.), 16 Am. B. R. 286; 143 Fed. 318; 74 C. C. A. 456. In re Kenyon, 19 Am. B. R. 194; 156 Fed. 863. In re Pierce (C. C. A. 8th Cir.) 19 Am. B. R. 664; 157 Fed. 757; 85 C. C. A. 14. Absolute bill of sale in effect a chattel mortgage, void for failure to file as required by State law. In re Gerstman & Bandman (C. C. A. 2nd Cir.), 19 Am. B. R. 145; 157 Fed. 550; 85 C. C. A. 211; afE'g 17 Am. B. R. 882. In re Schlessel, 18 Am. B. R. 434. As to right of reclaiming creditor to subsequently file claim after expiration of year. See, In re Landis, 19 Am B. R. 420; 156 Fed. 318. Sale or bailment. York Mfg. Co. v. Cassell (U. S. Sup.), 15 Am. B. R. 633; 201 U. S. 344; 50 L. Ed. 752; rev'g 14 Am. B. R. 52. In re Wells, 15 Am. B. R. 419; 140 Fed. 752. In re Tice, 15 Am. B. R. 97; 139 Fed. 52. In re Heckathorn, 16 Am. B. R. 467; 144 Fed. 499. In re Wood, 15 Am. B. R. 411; 140 Fed. 964. In re Galb (C. C. A. 7th Cir.), 13 Am. B. R. 575; 120 Fed., 61. In re Poore, 15 Am. B. R. 174; 139 Fed. 862. In re Pierce (C. C. A. 8th Cir.), 19 Am. B. R. 664; 157 Fed. 757; 85 C. C. A. 14. In re Fabian, 18 Am. B. R. 488; 151 Fed. 949. 414 FORMS IN BANKRUPTCY. In re Smith & Nixon Piano Co. (C. C. A. 8th Cir.), 17 Am. B. R. 636; 149 Fed. Ill; 79 C. C. A. 53; rev'g 13 Am. B. R. 276. When " consigned goods " may not be reclaimed. In re Penny & Anderson (D. C. N. Y.), 23 Am. B. R. 115; 176 Fed. 141. Conditional Sale. Pennsylvania Rule, " constructively fraudulent." In re Butterwick, 12 Am. B. R. 536; 131 Fed. 371. In re Rinker, 23 Am. B. R. 62; 174 Fed. 490. In re Burt, 19 Am. B. R. 123; 155 Fed. 267; In re Morris, 19 Am. B. R. 422; 156 Fed. 597. Only recovery of the identified goods may be had; as to goods sold or otherwise disposed of by the bankrupt, the vendor is left to his remedy as a creditor. In re Eliowich, 17 Am. B. R. 419; 148 Fed. 464. Surrender of payments. In re Murphy-Barbee Shoe Co., 11 Am. B. R. 428. Identity of goods must be established before delivery to claimant. Coleman v. Sherman. 8 Am. B. R. 763. Burden of proof as to identity. Smith V. Mottley (C. C. 'a. 6th Cir.), 17 Am. B. R. 863; 150 Fed. 266; 80 C. C. A. 154. Money paid under a mistake of fact is impressed with a constructive trust which follows it in the hands of the trustee in bankruptcy. Thomas v. Taggart, 19 Am. B. R. 710; 209 U. S. 385; 52 L. Ed. 845; aff'd, In re Berry & Co. (C. C. A. 2nd Cir.), 16 Am. B. R. 564; 149 Fed. 176; 79 C. C. A. 124. See, on following funds in hands of factors. Bills V. Schliep (C. C. A. 2nd Cir.), 11 Am. B. R. 607; 127 Fed. 103; 62 C. C. A. 103. What petition should contain. Sufficient allegations to sustain a complaint in trover, or such as are required by the strictest practice in an affidavit in replevin. In re Levi & Picard (D. C. N. Y.), 17 Am. B. R. 430. Contra. In re Pierce {supra). Where the contract is rescinded for false representation inducing the sale, the petition should allege that at the time of making the contract of sale, the bankrupt did not intend to pay for the goods. In re Levi & Picard (D. C. N. Y.), 17 Am. B. R. 430. Contra In re Hamilton Furniture & Carpet Co. (D. C. Ind.) (supra). Conditional Sedes. Reservation of title. York Mfg. Co. v. Brewster (C. C. A. 5th Cir.), 23 Am. B. R. 474; 174 Fed. 566. .John Deere Plow Co. v. Anderson (C. C. A. 5th Cir.), 23 Am. B. R. 480; 174 Fed. 815 Chilberig v. Smith (C. C. A. 9th Cir.), 23 Am. B. R. 483; 174 Fed. 805. Ludvigh v. American Woolen Co., and Ano., 23 Am. B. R. 314; 176 Fed. 145. In Indiana, not valid when purpose is a resale of the article. In re Gilligan (Troy Wagon Works v. Hancock), (C. C. A. 7th Cir.), 23 Am. B. R. 668. W. A. Wood Mowing & R. Machine Co. v. Vanstory (C. C. A. 4th Cir.), 22 Am. B. R. 740; 171 Fed. 375. Corbitt Buggy Co. v. Ricaud (C. C. A. 4th Cir.), 22 Am. B. R. 816; 169 Fed. 935. The validity of contract depends upon the law of the State where chattels are placed. FORMS IN BANKRUPTCY. 415 Davis V. Crompton (C. C. A. 3rd Cir.), 20 Am. B. R. 53; 158 Fed. 735; 85 C. C. A. 633. First Nat. Bank of Pittsburgh v. Guarantee Title and Trust Co., 178 Fed. 187. In re E. M. Newton & Co. (C. C. A. 8th Cir.), 18 Am. B. R. 567; 153 Fed. 841 ; 83 C. C. A. 23. Unitype Co. v. Long (C. C. A. 6th Cir.), 16 Am. B. R. 282; 149 Fed. 196; 79 C, C. A. 154; aff'g 14 Am. B. R. 668. In re Angeny (D. C. Pa.), 18 Am. B. R. 491; 151 Fed. 959; dist'g In re Tice, 15 Am. B. R. 97; 139 Fed. 52. In re Cohen (D. C. N. Y.), 20 Am. B. R. 796. Mishawaka Woolen M'f'g Co. v. Smith (D. C. Wis.), 20 Am. B. R. 317; 158 Fed. 885. Pontiac Buggy Co. v. Skinner (D. C. N. Y.), 20 Am. B. R. 206; 158 Fed, 858. Pridmore v. Puffer M'f'g Co. (C. C. A. 4th Cir.), 20 Am. B. R. 851; 163 Fed. 496; 90 C. C. A. 42. In re Columbus Buggy Co. (C. C. A. 8th Cir.), 16 Am. B. R. 759; 143 Fed. 859; 74 C. C. A. 611. Fedlure to record. In New Hampshire trustee takes no title. In re Cavagnaro, 16 Am. B. R. 320; 143 Fed. 668. In Georgia. In re Atlanta News Pub. Co., 20 Am. B. R. 193; 160 Fed. 519. See, In re Perkins (D. C. Me.), 19 Am. B. R. 134; 155 Fed. 237. Burden of proof upon claimant. In re Murphy, etc., Shoe Co. (supra). In re Heckathorn (D. C. Pa) 16 Am. B. R. 407; 144 Fed. 499. Right of inspection to claimant. In re Sauer, 10 Am. B. R. 353; 122 Fed. 101. Trustee proper party to defend against reclamation. In re Schlessel (supra). Not necessary that false representations should be the sole and exclusive consider- ation for the credit, but only that they were a material consideration. In re Gany, 4 Am. B. R. 576; 103 Fed. 930. FORM No. 275. NOTICE OF MOTION TO RECLAIM. In the District Court of the United States, for the District of , In Bankruptcy. In the Matter OP bankrupt. ■ J No. Please take notice that upon the annexed petition of 416 FORMS IN BANKRUPTCY. verified the day of ? 19- •> and upon the petition in bank- ruptcy and all the proceedings herein, I shall move this Court, at a Stated Term thereof to be held at the United States Court House in the City of on the day of , 19 . ., at .... o'clock in the . . , .noon of said day, or as soon thereafter as counsel can be heard, for an order directing and requiring Esq., the temporary receiver herein, to turn over and deliver to the property mentioned and described in Schedule ^' A " hereto annexed, or so much thereof as has come into his possession, upon such petitioner executing and filing herein a bond in the sum and form required by this Court, and for such other and further relief as may be just and proper in the premises. Dated ,19... Yours, etc.. Attorney for Petitioner, [Address.] To Temporary Receiver of , Bankrupt. Messrs Attorneys for Receiver. FORM No. 276. ANSWER IN RECLAMATION. United States District Court, for the District of In Bankruptcy. In the Matter OF bankrupt. No. as Receiver in Bankruptcy of the estate of the above named bankrupt, answering the petition of the claimant herein, shows and alleges, upon information and belief : 1. Admits the allegations of plaintiff's petition numbered ...., ...., , , , , and 2. The receiver further answering the said petition denies that he has FORMS IN BANKRUPTCY. 417 knowledge or information sufficient to form a belief as to the allegations of paragraph numbered .... and .... of said petition, and therefore denies same. 3. The receiver further answering the said pettiion, denies the allega- tions of paragraph .... of said petition. 4. The receiver denies the allegations of paragraph , but admits that a letter dated , from the attorneys for tlie petitioner herein and written after the filing of the petition of bankruptcy herein and containing an alleged demand was received by the bankrupt herein. 5. The receiver further answering the said complaint admits that a certain portion of the property claimed by the petitioner has come into the hands of the receiver as a part of the assets belonging to this estate. The receiver further answering said petition and as a further and separate defense (or counter-claim) thereto alleges: [Here set forth specifically defense or coimter-claim.] Wherefore, the receiver demands judgment dismissing the petition of the claimant herein, with costs. As Receiver in Bankruptcy of [Address.] Attorney for Receiver. (Verification.) [Trustee after appointment proper person to answer and defend.] FORM No. 277. BOND IN RECLAMATION FOR POSSESSION OF PROPERT7. United States District Court, , , » , District of In Bankruptcy. In the Mattkk OP bankrupt. y No. Know all men by these presents : That we, of as Principal, and a Corporation organized under the laws of the State of , with offices at No Street, in the City of State of (a certificate having been filed for the transaction of its business with the Secretary of State), as Surety, are held and firmly bound 418 FORMS IN BANKRUPTCY. unto , as Temporary Keceiver for bankrupt, and to the Trustee in Bankruptcy of the said Bankrupt when elected, or their or either of their successors or assigns, in the sum of dollars [amount double value of property], lawful money of the United States of America, for which payment well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of in the year one thousand nine hundred and Whereas, in the above entitled proceeding a petition was duly presented on behalf of the above bound principal praying that as sucli receiver aforesaid deliver to the said petitioner certain property described in the said petition ; and Whereas, an order was duly entered on the day of directing the said Receiver as aforesaid, to deliver to the said principal, or his order, certain property described in the said petition, or so much thereof as shall have come into the possession of the said receiver, upon condition that the said principal execute, acknowledge and deliver to the said as receiver, a good and sufficient bond conditioned as provided for in said order. Xow, therefore, the condition of this obligation is such, that if in case it shall be finally determined that the said principal is not entitled to the said goods above referred to, as by the final judgment or order may appear, the said principal shall well and truly pay to the said receiver as aforesaid, his successor or successors, or to the trustee who shall hereafter qualify in the above entitled proceeding, the value of the goods as agreed, namely dollars, which value is hereby agreed upon as the value of the said goods at the time of delivery, together with interest and costs, and if the said petitioner shall diligently prosecute the aforesaid petition, and the performance of any and all judgments or final orders which may be finally recovered against the said property in this court, or any appellate court, in case of appeal or review, and the said principal and surety stipulate to abide by all orders of the court, interlocutory and final, and to pay the amount awarded by the final judgment or decree rendered by the Bankruptcy Court or the Appellate Court, if an appeal or petition to review intervene, with interest. And that a decree or judgment may be entered summarily against it as provided by Rule and upon said decree or judgment being entered, summary process of execution shall be issued against the principal and the surety by the Court in which such claim is presented to enforce the final order or decree as rendered or upon appeal by the Appellate Court, then this obligation is to be void, otherwise to remain in full force and virtue. , L. S. By , Aitorneij-in-fact. (Acknowledgment by principal and surety.) FORMS IX BANKRUPTCY. •il9 FORM No. 278. ORDER OF REFERENCE TO SPECIAL I^IASTER. At a Stated Term of the United States District Court for the District of held at the U. S. Court House in on the Present : day of 19 . . . Honorable District Judge: In the Matter OF Bankrupt. On reading and filing the petition of verified the day of 19 . . and it appearing therefrom that the petitioner seeks to recover possession of certain goods now in the possession of Esq., the Receiver in Bankruptcy of the above named bankrupt under a claim of title thereto and the said receiver having filed his duly verified answer denying the right of petitioner to such possession. Now on motion of , attorney for said petitioner, it is Ordered, that the said petition be and the same hereby is referred to Esq. as Special Master for examination, testimony and report, and it is further ordered that pending the report of said special master and entry of order thereon, the said receiver in bankruptcy retain possession of said goods unless petitioner execute and file herein a bond in double the value of said goods in the manner and form approved by this Court. , District Judge. FORM No. 279. REPORT OF SPECIAL MASTER IN RECLAMATION. District Court of the United States, District of In the Matter OF Bankrupt. To the Honorable Judge of the District Court of the United States for the District of : 420 FORMS IN BANKRUPTCY. I, the undersigned Referee in Bankruptcy, to whom as Special Master the application of for an order directing the receiver herein to deliver to petitioner or his attorney certain property in said petition men- tioned, was duly referred by order dated for examination, testimony and report, do hereby report as follows : That the above matter was duly brought on for hearing before me and proceedings had thereon of which stenographic minutes are tiled herewith, marked Schedule " A." [That an agreed statement of facts was submitted to me, which is filed herewith marked Schedule " B."] Findings of Fact. From the documents and proceedings had herein it appears that: (Here set forth facts forming basis for report.) Conclusions of Law. [Furthermore, the precise questions here under consideration appear to have been considered and decided in the case of by Judge in the District of ] For the foregoing reasons I am of opinion that the petition of the claimant should be granted [or denied]. I state my fee as Special Master at the sum of $ and return here- with all papers in this proceedings. (All of which is respectfully submitted.) Dated , 19... Special Master. FORMS IN BANKRUPTCY. 421 FORM No. 280. JTJDGMENT IN RECLAMATION FOR DELIVERY, ETC. At a Stated Term of the District Court of the United States for the District of held in the United States Court House in the city of on the ...... day of 19 . . . Present : Hon , District Judge. Ix THE Matter OF bankrupt. No. , having duly heretofore filed his petition praying leave to reclaim certain property more particularly mentioned and described in said petition upon the grounds that the said bankrupts above named while insolvent, to their knowledge, obtained delivery of the said property with intent upon their part not to pay therefor, and that the purchase and sale of the said property was induced by certain false and fraudulent representations as to their financial condition as is more particularly set forth in said petition ; and the receiver of the said bankrupts above named having duly filed his answer and the issues having been duly referred to Esq., as Special Master; and a trial of the said issues having been had, and the said Special Master having duly rendered his report dated the day of 19. ., in favor of the said reclaiming creditor and against the said Receiver; and a motion having been duly made for the entry of an order, judgment and decree in all respects and things confirming the said report of the said special master, and that final judgment be entered in favor of the said creditor and against the said receiver, and after hearing of counsel for the reclaiming creditor in support of the said application for judgment, and as counsel for the receiver in opposition thereto, and due deliberation having been had, It is, on motion of attorneys for said creditor Ordered, adjudged and decreed that the report of Esq. be and the same is hereby in all respects confirmed, and it is further Ordered, adjudged and decreed that do recover of the Re- ceiver of the bankrupts above named the property more particularly and in 432 FORMS IN BANKRUPTCY. detail set out in the schedule hereto annexed and marked " Schedule A," or in the event of the failure or inability of the said receiver to deliver the said property to the said creditor as aforesaid then that the said creditor do recover of the said receiver of the bankrupts above named damages in the sum of $ with interest thereon from the day of , and it is further Ordered, adjudged and decreed that do recover of the re- ceiver of the bankrupt estate herein the costs and disbursements of this pro- ceeding as taxed by the clerk of this court at the sum of $ , and that the clerk of this court be and he hereby is directed to docket a judgment in favor of the said and as against the temporary receiver of the bankrupts above named, for the recovery of the above property or damages in the event of failure to deliver the same, together with the costs and disbursements so taxed, the same to be paid out of the bankrupt estate. District Judge. FORM No. 281. BILL or COSTS IN RECLAMATION AND NOTICE OF TAXATION. United States District Court for the District of .:.:.-« In Bankruptcy. In the Matter OF BanJciqyt. Re Reclamation Proceedings of > Bill of Costs. Costs. Docket fee $20 FORMS IN BANKRUPTCY. 423 Disbursements. Fee of Special Master Stenographer's fee for testimony on hearing. Total, State of "j County of yss. District of , being duly sworn, says : that he is the attorney for , claimant (or respondent) herein ; that the foregoing disbursements are correct in amount, necessarily incurred, and have actually been paid by deponent. That this affidavit is made by deponent because better informed than claimant as to the same. Sworn to before me this day of , 19.. Sir :— You will please take notice, that a bill of costs, of which the within is a copy, will be presented to the Clerk of the United States District Court for the District of , at his office in the United States Court House, City of , on the .... day of , 19. ., at o'clock in the ... .noon of that day for taxation and the amount thereof inserted in the order heretofore noticed for settlement. Dated, Yours, etc., Attorney for Address Claimant [or respondent.] To: ., Esq., Attorney for claimant [or respondent^ NOTE. Costs on dismissal. In re Schocket, 24 Am. B. R. 47. TITLE XII. MISCELLANEOUS PROCEEDINGS AND ORDERS. FOEM No. 282. Affidavit to dissolve Lien of Attachment. 283. Notice of Motion thereon. 284. Order dissolving Lien of Execution. 285. Order adjudging Bankrupt in Contempt. 286. Answer of Bankrupt to Rule for Contempt. 287. Order purging of Contempt. 288. Answer of Assignee for Benefit of Creditors to Rule to turn over Property to Receiver in Bankruptcy. 289. Petition to reopen Estate. 290. Order designating Depository of Bankruptcy Funds. 291. Bond of Depository. FORM No. 282. AFFIDAVIT TO DISSOLVE LIEN OF ATTACHMENT. Court. of Plaintiffs VS. Defendant. State of 1 County of ] ^^' , being duly sworn, deposes and says : 1. That he is the temporary receiver in bankruptcy of , defendant above named. 2. That in an action brought in the Court, County, in which is the plaintiff and said is the defendant, on , 424 FORMS IN BANKRUPTCY. 425 19.., a warrant of attachment was issued by the plaintiff to the Sheriff of the County of against the property of the said ; that the sum claimed in the said action under which the said warrant of attachment was issued was $ That on or about the said day of , 19 . . , and under and pursuant to the said warrant of attachment, the Sheriff of the County of attached the following property of the said : situated at That the said attachment was levied by leaving a notice of the same with the said and by plac- ing a keeper in charge of the property at That the said attachment has not been vacated nor discharged and the said Sheriff now claims to be in custody of the said property at No 3. That on the day of , 19.., , and duly filed in a petition in the United States District Court for the District of , praying that the said be adjudged an involuntary bankrupt; that the act of bankruptcy alleged in the petition was That on the day of , 19. ., upon the petition of , deponent was duly appointed receiver of all the assets of the above named defendant and required to file a bond in the penalty of dollars ($ ) for the faithful per- formance of his duties. That deponent has duly qualified by filing a bond in the penalty required and is now acting as such receiver. That on the day of , 19 . . , the said was duly adjudicated a bankrupt upon said petition. 4. That said attachment was levied on the day of , 19. ., within four months prior to the filing of the petition in bank- ruptcy against the said , defendant herein, and is null and void by virtue of the provisions of Section 67-c and f of the United States Bankruptcy Act of 1898 and the amendments thereof. 5. That by reason of said attachment, deponent has not been able to take the said property at into his possession as receiver in bankruptcy. That deponent verily believes that the lien of the said attach- ment should be dissolved and discharged, the property released and that the fees and charges of the Sheriff of the County of , should be taxed and allowed by this Court. No previous application has been made for an order herein. J Sworn to before me this day of , 19. .. 426 FORMS IN BANKRUPTCY. NOTES. Act, Sec. 67 c and f. An attachment lieu is within the provisions of sub-section c as ■well as f. In re Higgins, 3 Am. B. K. 364 ; 97 Fed. 775. In re Kemp, 4 Am. B. R. 243 ; 101 Fed. 689. Wood V. Carr, 10 Am. B. R. 577 ; 24 Ky. 2144. See, In re Tune, 8 Am. B. R. 286; 115 Fed. 906. Attachment on mesne process (Conn.). Metcalf V. Barker (U. S. Sup.), 9 Am. B. R. 36; 187 U. S. 165; 47 L. Ed. 122. Schmilovitz v. Bernstein, 5 Am. B. R. 265; 47 Atl. 884; 22 R. I. 330. While 67 f . discharges the lien it does not vacate the writ of attachment. King V. Bloch Amusement Co., 20 Am. B. R. 784 ; 126 N. Y. App. Div. 48 ; 111 N. Y. Sup. 103. In re Walsh Bros., 20 Am. B. R. 472; 159 Fed. 560. The lien by attachment made prior to four months period and followed by judgment (and levy) within said period, not dissolved by sub-section f. In re Blair, 6 Am. B. R. 206; 108 Fed. 529. Pepperdine v. Bank of Seymour, 10 Am. B. R. 570. In re Snell, 11 Am. B. R. 35; 125 Fed. 154. See, In re Warner, 16 Am. B. R. 519; 144 Fed. 987. Batchelder & Co. v. Wedge (Sup. Ct. Vt.) 19 Am. B. R. 268. In re U. S. Graphite Co., 20 Am. B. R. 573; 161 Fed. 583. In re Beaver Coal Co. (C. C. A. 9th Cir.), 7 Am. B. R. 542; 113 Fed. 889 ; 51 C. C. A. 519, aff'g 6 Am. B. R. 404; 110 Fed. 630. Where application to dissolve should be made. In State Court also by better practice, but may be brought in Federal court. Hardt v. Schulykill, etc., Co. (N. Y. App. Div. Dept. 1st ), 8 Am. B. R. 479; 69 App. Div. 90. No laches of trustee makes valid. Hardt v. Schuylkill, etc., Co. {supra). Jurisdiction to stay proceedings to enforce attachment. Tennessee Producer Marble Co. v. Grand et al. (C. C. A. 3rd Cir.), 14 Am. B. R. 288; 135 Fed. 322; 67 C. C. A. 676. Property in hands of an ancillary receiver in bankruptcy is in custodia legis and an attachment will not lie against it. In re Nelson & Bro., 18 Am. B. R. 66; 149 Fed. 590. Sheriff having actual possession of property not guilty of contempt for refusal to turn over property on demand of receiver when acting in good faith and on advice of counsel unle.ss fees are paid. Orr V. Tribble (D. C. Ga.), 19 Am. B. R. 849; 158 Fed. 897. Possession of sheriff. In re Walsh Bros., 20 Am. B. R. 472; 159 Fed. 560. By analogy in case of execution. In re Kenney. 5 Am. B. R. 355; 105 Fed. 897. Levor v. Seiter, 8 Am. B. R. 459; 69 N. Y. App. Div. 33 ; modlf'g 5 Am. B. R. 576; 34 N. Y. Misc. 382. A trustee in bankruptcy is entitled to recover the proceeds of a sale of bankrupt's property sold under a judgment in an attachment suit instituted subsequent to the filing of the petition. Cox V. State Bank of Chicago, 11 Am. B. R. 112; 125 Fed. 654. Plaintiff in attachment suit not deemed a bona fide holder for value. In re Kaupisch Creamery Co. (D. C. Or.). 5 Am. B. R. 790; 107 Fed. 98. FORMS IN BANKRUPTCY. ijt2r Priority of costs in attachment suit. In re The Copper Kiug (Lim,), 16 Am. B. R. 148 ; 143 Fed. 649. Contra. In re Goldberg Bros., 16 Am. B. R. 521 ; 144 Fed. 566. (For other cases see notes to Form No. 149.) Sheriff's right to fees for poundage and expenses. In re Andre (C. C. A. 2ud Cir.), 13 Am. B. R. 132 ; 135 Fed. 736; 68 C. C. A. 374. Preserving lien of attachment. Receivers of Virginia Coal & Coke Co. v. Staake (C. C. A. 4th Cir.), 13 Am. B. R. 281; 183 Fed. 717; 66 C. C. A. 547; aff'd, 202 U. S. 141. FORM No. 283. NOTICE OF MOTION TO DISSOLVE LIEN OF ATTACHMENT. Court, of Plaintiffs VS. Defendant. Please take notice that on the petition of and others, filed in the United States District Court for the Dis- trict of , on the day of , 19 . . , to have the adjudged a bankrupt, the adjudication in bankruptcy.and on the affidavit of , verified , 19. ., hereto annexed, and on all the proceedings herein, I shall move this court, at a term thereof, appointed to be held at the Court House, City of , on , the day of , 19. ., at o'clock in the noon, or as soon thereafter as counsel can be heard for an order that the lien of the warrant of attachment hereto- fore issued against the property of the to the Sheriff of the County of in this action, brought by as plaintiff, against as defendant, be dissolved and discharged and that the Court fix and allow to the Sheriff of the County of , such fees and charges as to this Court 428 FORMS IN BANKRUPTCY. may seem proper and that such other and further relief in the premises may be granted as may be proper. Dated , , ,19... Attorney for , Temporary Receiver in Bankruptcy of To Messrs , Attorneys for , Plaintif. Sheriff of the County of , .hw.t*. FORM No. 284. ORDER DISSOLVING LIEN OF EXECUTION. At a stated term of the United States District Court for the District of , held at the United States Court House, City of . . , on the day of , 19... Present : Hon. .. District Judge. In the Matter OF y No. bankrupt. Upon reading and filing the petition of , the trustee herein, verified the day of , 19. ., and the notice of motion thereon with proof of due service of said motion papers upon the attorneys for , execution creditor, and upon the Sheriff of the County of FORMS IN BANKRUPTCY. 439 Now, upon motion of , attorney for said trustee and petitioner, and no one appearing in opposition thereto, it is Ordered, that the lien of the said execution creditor, , upon the property belonging to the above named bankrupt, nou' in the hands of the Sheriff of County of , (or the pro- ceeds of the said execution sale held , , 19. . ) be and hereby is dissolved and discharged, and It is further ordered, that , as Sheriff of the County of , , turn over forthwith upon payment of his legal fees and expenses, to , as trustee in bankruptcy herein, the said property (or moneys) now in his hands as proceeds of the said execution sale of , 19. .. D. J. NOTES. Executions. When lien dissolved. In re Breslauer (D. C. N, Y.), 10 Am. B. R. 33; 121 Fed. 910. Right of sheriff therein. In re Kenney (C. C. A. 2nd Cir.), 5 Am. B. R. 355; 105 Fed. 897; 45 C. C. A. 113; aff'g 3 Am. B. R. 353. Clarke v. Larremore (U. S. Sup.), 9 Am. B. R. 476; 188 U. S. 486; 47 L. Ed. 555. Where proceeds of an execution sale have been turned over to the judgment creditor, who was the purchaser, before the filing of an involuntary petition against the judgment debtor, the latter'? trustee cannot, by summary order, recover the property or its proceeds; the remedy, if any, is by plenary action for a preference. In re Bailey, 16 Am. B. R. 289. Levor v. Seiter (N. Y. Sup.), 8 Am. B. R. 459; 69 K Y. App. Div. 33); modif'g 5 Am. B. R. 576 ; 34 N. Y. Misc. 382. Stay of sale imder an execution upon a judgment recovered more than four months before filing of petition. In re Vastbinder, 13 Am. B. R. 148 ; 132 Fed. 718. In re Baughman, 15 Am. B. R. 23; 138 Fed. 742. See, In re Easley, 1 Am. B. R. 715; 93 Fed. 419. Property in hands of trustee not subject to levy under an execution against the bankrupt. In re Franklin Lumber Co., 17 Am. B. R. 443; 147 Fed. 852. 430 FOKMS IN BANKRUPTCY. FORM No. 285. ORDER ADJUDGING BANKRUPT IN CONTEMPT. At a Stated Term of the United States District Court for the District of , held at the United States Court House, City of . . . . , on the day of , 19-.. Present : Hon , District Judge. In the Matter OF Bankrupt. No. A motion having been made herein by , trustee of the above named bankrupt, to punish the said , bankrupt, for contempt of court in having disobeyed the lawful order of , referee in bankruptcy, dated , 19. ., directing the said bank- rupt, , to pay over to his said trustee in bankruptcy, the sum of $ , and the same having come on for hearing, now on reading and filing the annexed petition of , the trustee aforesaid, verified ., 19. ., the annexed certificate of said referee, dated , 19 . ., the annexed order to show cause, dated , 19. ., with proof of due service of said motion papers and order to show cause on said bankrupt; and due deliberation having been had thereon, and after hearing , counsel for said trustee, in support of said motion, and , Esq., attorney for said bankrupt in oppo- sition thereto, on motion of , attorney for said trustee, it is Ordered, adjudged and determined, First, That the report of the referee herein, dated , 19. . be and the same hereby is in all respects confirmed. Second. That the said bankrupt, , is guilty of a contempt of this court in having willfully and deliberately disobeyed said lawful order FORMS IN BANKRUPTCY. 431 of said referee aixl in neglecting and refusing, as in said order directed, to pay over to his said trustee the sum of $ Third. That the said bankrupt, , residing at Street, City of , be forthwith arrested by the Marshal of this District and brought before this Court, this day, or as soon thereafter as possible, to be committed, as for the contempt aforesaid, and to be imprisoned by the United States IMarshal for the District of until he shall obey said order and pay over to said trustee, , the sum of $ as therein directed, or until further order of this Court. U. S. D. J. NOTES. Contempt proceedings. Act. Sees. 2, (13), (15), (16), 41, a, b. Cross references, sees. 20-a 21 (a), 38-a (2). General Orders X., XXII., XXX. Bankrupts disobedience of referee's order. In re Sorkin (D. C. N. Y.), 20 Am. B. R. 637. Referee may certify the facts. He has no power to punish for contempt. Bank of Ravenswooci v. Johnson (C. C. A. 4th Cir.), 16 Am. B. R. 206; 143 Fed. 463: 74 C. C. A. 597. In re Miller, 5 Am. B. R. 184; 105 Fed. 57. Disobedience of witness. Punished for persistent, "defective memory." In re Schulman, 21 Am. B. R. 288; 160 Fed. 237; aff'd (C. C. A. 2nd Cir.), 23 Am. B. R. 809; 177 Fed. 191. Wilful false swearing by bankrupt. In re Fellerman (D. C. N. Y.), 17 Am. B. R. 785; 149 Fed. 244; Ex parte Bick Assignee. (Verification.) FORMS IN BANKRUPTCY. 437 NOTES. Jurisdiction to compel Assignee or Receiver in State Court to Account. Louisville Trust Co. v. Couiiiiger ( U. S. Sup.), 7 Am. B. R. 421; 184 U. S. 18; 4G L Ed. 413; aff'g Sinsheimer v. Siraonson, 5 Am. B. R. 537; 107 Fed. 898. In re Thompson (C. C. A. 2nd Cir.), 11 Am. B. R. 710; 128 Fed. 575; 03 C. C. A. 217; aff'g 10 Am. B. R. 242; 122 Fed. 174; Bryan v. Bernheimer, 5 Am. B. R. 023; 181 U. S. 188; 45 L. Ed. 814. In re Manning (D. C. S. C), 10 Am. B. R. 497, 123 Fed. 181. Improper for bankruptcy court to summarily order Receiver in State Court to pay over to trustee. He is entitled to present his accounts to State Court. Loveless -v. Southern Grocer Co. (C. C. A. 5th Cir.), 20 Am. B. R. 180; 159 Fed. 415; 86 C. C. A. 395. When assignee appears and submits his account, the Court does not lose jurisdic- tion to require him to turn over the property to the trustee because he asserts title to a part of such property in himself. In re Thompson {supra). When trustee in bankruptcy may maintain action upon assignee's bond to recover the amount which the assignee failed to turn over. Cohen v. American Surety Co. (N. Y. Ct. of App.), 20 Am. B. R. 65; 192 N. Y. 227; aff'g 19 Am. B. R. 901. Allowance to assignees for the benefit of creditors. Where an assignee remains in possession of the property with consent of the referee and performs services of value to the estate, his expenses and compensation for such services may be allowed upon the theory of, " preservation of the estate," In re Pattee (D. C. Ct.), 16 Am. B. R. 450; 143 Fed. 994. In re Pauley, 2 Am. B. R. 333. Must appear that services were an actual benefit to estate. In re Zier & Co., 15 Am. B. R. 646; 142 Fed. 102; 73 C. C. A. 326; aff'g, s c, 11 Am. B. R. 527; 127 Fed. 399; In re Allison Lumber Co., 14 Am. B. R. 78; 137 Fed. 643. Summers v. Abbott (C. C. A. 8th Cir.), 10 Am. B. R. 254, 122 Fed. 36; 58 C. C. A. 352. Attorneys for assignee. No allowance save in unusual cases. In re Pauley (supra). Randolph v. Scruggs, 10 Am. B. R. 1 ; 190 U. S. 533; 47 L. Ed. 1165; where claim was allowed as beneficial to estate. As to fees paid attorneys for general assignees paid prior to bankruptcy. Louisville Trust Co. v. Cominger (U. S. Sup.), 7 Am. B. R. 421; 184 U. S. 18; 40 L. p:d. 41.3. In re Klein & Co. (D. C. N. Y.), 8 Am. B. R. .5,59; 116 Fed. .523. Comp. In re Mays (D. C. W. Va.), 7 Am. B. R. 764; 114 Fed. 600. See, In re Thompson, 11 Am. B. R. 719; 128 Fed. 575; 03 C. C. A. 217, aff'g 10 Am. B. R. 242; 122 Fed. 174. Must appear that the assignment was not made to avoid bankruptcy. In re Zier & Co. (supra). And free from fraud. In re Chase (C. C. A. 1st Cir.), 10 Am. B. R. 077; 124 Fed. 753; 59 C. C. A. 629. Wilbur V. Watson (D. C. R. I.). 7 Am. B. R. .54; 111 Fed. 493. Stearns v. Flick (D. C. 0.), 4 Am. B. R. 723: 103 Fed. 919. Services of an assignee beneficial to estate entitled to priority of payment. Randolph v. Scruggs (supra). 438 FORMS IN BANKRUPTCY. In re Peter Paul Book Co., 5 Am. B. R. 105; 104 Fed. 786. See, In re Lock Stub Check Co. (S. D. N. Y.), not reported but cited, 5 Am. B. P. 106. Same rule applies to Receiver in State Court. JViauran v. Crown Carpet Lining Co., 6 Am. B. R. 734; 50 Atl. 331, 23 R. I. 324. Services of assignee, if beneficial to estate, constitute a lien thereon. In re Gladding (D. C. R. I.), 9 Am. B. R. 171; 120 Fed. 709. Disbursements of an assignee under an assignment made more than four months before filing of petition, cannot be reviewed by bankruptcy court except by assignee's consent. In re Carver & Co. (D. C. N. Car.), 7 Am. B. R. 539, 113 Fed. 128. FORM No. 289. PETITION TO RE-OPEN ESTATE. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. To the District Court of the United States, for the District of : The petition of respectfully shows : 1. That he is a creditor herein. 2. That on the .... day of , 19.., was duly adjudicated a voluntary (or involuntary) bankrupt in this court, and filed sworn schedules therein of his debts and assets. That thereafter at the first meeting of creditors of said bankrupt, of , was duly elected trustee and duly qualified. 3. That petitioner on the .... day of , 19. ., duly filed his claim against the estate of said bankrupt and the same was duly allowed. 4. That thereafter on the day of , 19 . ., the said bankrupt was discharged of his debts, and on the .... day of , 19. ., the said trustee presented his final account to the court, the same was passed and allowed, the trustee discharged of his trust, and the case closed. 5. Your petitioner alleges that in the schedules filed and verified herein by FORMS IN BANKKUPTCY. 439 the bankrupt, he made no mention of the following property, then belonging to him and properly a part of his said estate in bankruptcy : That said property was fraudulently and intentionally omitted from said schedules and concealed by the bankrupt from his trustee. That the said is still in possession and control of said property. 6. That your petitioner has now for the first time discovered the facts con- cerning this property and the fraudulent concealment thereof from the following sources : 7. That no previous application has been made for the order asked for herein. Wherefore, your petitioner prays for an order under Sec. 2 (8) of the Bank- ruptcy Act, reopaning the estate of the said , bankrupt, for the purpose of administering upon the afore-mentioned property as a part of the estate herein, and that said proceeding be re-referred for proper action to the referee herein and for such other and further relief as to the court shall seem just and proper. Petitioner. (Verification.) NOTES. Reopening estate. Sec. 2. (8) Court may reopen an estate whenever it appears it was closed before being fully ad- ministered. Allegations of petition. In re JSfewtou, (C. C. A. 8th Cir.), 6 Am. B. R. 52; 107 Fed. 429; 46 C. C. A. 399. In re Paine, 11 Am. B. R. 351 ; 127 Fed. 246. In re Rybum, 16 Am. B. R. 514; 145'Fed. 662; Vary v. Jackson (C. C. A. 5th Cir.). 21 Am. B. R. 334; 164 Fed. 840; 90 C. C. A. 602. Petitioner must show good cause. In re Soper & Slada. 1 Am. B. R. 193 Reopening by bankrupt for purpose of amending schedules denied. In re Spicer, 16 Am. B. R. 802; 145 Fed. 431. Reopening after discharge permitted in some cases. In re McKee, 21 Am. B. R. 300; 165 Fed. 269. Where time to file claims has expired, a reopened proceeding redounds only to the benefit of those who have proved claims. In re Shaffer, 4 Am. B. R. 728 ; 104 Fed. 982. Creditors who have not filed claims may not apply to reopen. In re Paine, 11 Am. B. R. 351; 127 Fed. 246. Laches in making application. In re Paine (supra). In re Reese, 8 Am. B. R. 411; 115 Fed. 993; 164 Fed. 840; Vary v. Jackson (supra) . Filing of claims when year has expired. 440 FORMS IN BANKRUPTCY. In re Pierson (D. C. N. Y.). 174 Fed. 160. Application to reopen addressed to the discretion of the court and its action ■will not be reversed except for abuse of discretion. In re Goldman (C. C. A. 2nd Cir.), 11 Am. B. R. 707; 129 Fed. 212; 63 C. C. A. 370. Allegations of petition to reopen must satisfy the court that assets exist. In re Newton (supra). In re Paine (supra). In re Ryburn, 16 Am. B. R. 514; 145 Fed. 662. Former trustee has no standing to apply. In re Paine (supra). When bankrupt's application denied. In re Spicer, 16 Am. B. R. 802; 145 Fed. 431. In re Barton's Est. 16 Am. B. R. 569 ; 144 Fed. 540. When granted. In re Pierson, 23 Am. B. R. 58. FORMS IN BANKKUPTGY. 441 FORM No. 290. ORDER DESIGNATING DEPOSITORY OF BANKRUPTCY FUNDS. At a Stated Term of the Uuited States District Court for the District of , held at the United States Court House, City of . . . . , on the day of ,19... In the Matter of the Application of Bank, of the City of , to be designated as a Depository for the Money of Bankrupt Estates under the provisions of section 61 of chap- ter 541 of the Statutes of the United States for the Year of 1897- 98. Present : Hon , District Judge. Upon reading and filing the annexed petition of Bank, of the City of , duly verified, praying to be designated as a depository for the money of bankrupt estates, it is Ordered, that the said Bank be and it is hereby appointed and designated as a depository for the money of bankrupt estates pursuant to the provisions of Section Gl of Chapter 541 of the Stafutes of the United States entitled, " An Act to establish an uniform system of bankruptcy throughout the United States." The said Bank to execute a good and sufficient bond with two or more sureties, or otherwise, according to law, in the sum of $ D. J. 443 FORMS IN BANKRUPTCY. FORM No. 291. BOND OF DEPOSITORY. Know all men by these presents, That We, the Bank, of the City of , principal and , of , sureties, are held and firmly bound unto the United States of America, in the sum of dollars, ($ ) lawful money of the United States, for the payment of which sum we do hereby bind ourselves, our respective successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated the .... day of , 19. .. Whereas, the Bank has been designated by the District Court of the United States, for the District of , sitting as a Court of Bankruptcy, as a depository for the money of bankrupt estates, pursuant to the provision of an Act of Congress entitled " An Act to es- tablish an uniform system of bankruptcy throughout the United States," approved July 1st, 1898. Now, therefore, the condition of this obligation is such that if the said Bank shall well and truly account for and pay over all moneys deposited with it as such depository, and shall pay out the same only as provided by the Act of Congress in such case made and provided and the rules of court applicable thereto, and shall abide by all lawful orders and decrees of the court in and by the premises, then this obligation to be void, otherwise to remain in full force and virtue. In presence of: Attest ; Attest : (Acknowledgment by principal and sureties.) TITLE XIII. COMPLAINTS IN SUITS BY TRUSTEE IN BANK- RUPTCY, BILLS IN EQUITY, ETC. FOBir No. 292. Complaint upon Promissory Note. 293. Complaint against defaulting Purchaser for Deficiency upon Resale. 294. Bill in Equity to set aside Mortgage under Sec. 60a, b, and Sec. 07e within Four Months' Period, where Property has been Sold free and clear of Liens. 295. Complaint to set aside under Sec. 70e, Bill of Sale made beyond Four Months' Period. 296. Complaint in action to declare Secret Trust. 297. Bill in Equity, " Conspiracy to Defraud Creditors." 298. Order of Bankruptcy Court, directing Assessment for unpaid Stock Subscriptions. 299. Bill in Equity in Circuit Court to recover unpaid Stock Subscrip- tions. (Diverse Citizenship.) 300. Replication by Trustee in Equity Suit. FORM No. 292. COMPLAINT UPON PROMISSORY NOTE Court, County of as Trustee in Bankruptcy of Plaintiffs against Defendant. The plaintiff, by , his attorney, complaining of the defendant, respectfully shows and alleges: 1. That the plaintiff is a resident of the City of 2. That on or about the .... day of , 19 . ., a voluntary petition in bankruptcy was filed in the United States District Court for the District of , by , and on said day the said was duly adjudicated a bankrupt, and that on 44.3 444 FORMS IN BANKRUPTCY. or about the . . day of , 19 . ., at a meeting of creditors duly called and held plaintiff was duly appointed trustee in bankruptcy of the said , duly qualified and filed his bond in the penalty required, and is still acting as such trustee. 3. Upon information and belief that heretofore on the .... day of , 19. ., at the City of , the defendant made and delivered to the said , his certain promissory note in writing, of which the following is a copy: [Here set forth note.] 4. That on the .... day of , 19. ., the date of adjudication herein, said promissory note was the property of said bankrupt and that all of the rights of the said in and to said note are now vested in plaintiff, and that plaintiff is the owner and holder of said note. 5. That said note was duly presented at maturity thereof to the defendant and payment duly demanded, but that same was not paid nor any part thereof. Wherefore, plaintiff demands judgment against the defendant for the sum of $ , with interest thereon from , together with the costs and disbursements of this action. Plaintiff's Attorney, Office and Post Office Address, Street, City of (Verification.y NOTES. Suits by trustee. Jurisdiction. District court has no jurisdiction except by consent of proposed defendant of a suit to recover money due estate of "bankrupt. Harris, Trustee, etc., v. 1st Nat. Bank, etc. (U. S. Sup.), 23 Am. B. R. 632. Adverse claimants in bankruptcy may sue and be sued in the Circuit Court of the United States -whern bankrupt might have sued or been sued there on same cause of action. In re MacDougall (D. C. N. Y.), 175 Fed. 400. Trustee no right to sue upon agreement between State receiver of bankrupt corpora- tion and one of its creditors. Love V. Export Storage Co. (C. C. A. 6th Cir.), 16 Am. B. R. 172 ; 143 Fed. 1 ; 74 C. C. A. 155. May bring plenary action to recover property unlawfully surrendered by temporary receiver. Whitney, Trustee v. Wenman (U. S. Sup.), 14 Am. B. R. 45 ; 198 U. S. 539 ; 49 L.Ed. 1157. May sue in conversion. Burns v. O'Gorman Co., 17 Am. B. R. 815; 150 Fed. 226. Action to compel specific performance. Henrie v. Henderson (C. C. A. 4th Cir.), 16 Am. B. R. 617; 145 Fed. 316; 76 C. C. A. 196; rev'g s. c. 15 Am. B. R. 760. Error in caption of summons and complaint in failing to show representative capa- city not fatal. Newland v. Zodikow, 11 Am. B. R, 770. FORMS IN BANKRUPTCY. 445 Action to reach surplus income of trust fund. Brown v. Barker, et al (N. Y. App. Div.), 8 Am. B. R. 450; 68 App. Div. 594. Money paid to trustee under mistake is an action equitable in nature. Sufficiency of allegations. Carpenter v. Southworth (C. C. A. 2nd Cir.), 21 Am. B. R. 390; 165 Fed. 428; 91 C. C. A. 378. FORM No. 293. COMPLAINT AGAINST DEFAULTING PURCHASER FOR DEFICIENCY UPON RESALE. Court, County of in Bankruptcy of against .,as Trustee Plaintiff, Defendant. Tlie plaintiff above named, by , his attorney, com- plaining of the defendant, shows and alleges: 1. That on or about the .... day of , 19. ., a petition of certain creditors of the said was filed in the United States District Court for District of , praying that he be adjudged a bankrupt ; that thereafter on or about the .... day of , 19 . . , was duly adjudicated a bankrupt, and thereafter at a meeting of creditors, held at the office of the referee in charge of the proceedings, on the . . day of , 19. ., the plaintiff was duly appointed the trustee in bankruptcy of the said bank- rupt, duly qualified as such and still continues to act as such trustee. 2. That on or about the .... day of , 19 . . , at , the plaint i If, puisuant to the order of the bankruptcy court, sold to the de- fendant, and the defendant purchased of the plaintiff, at public auction, certain property consisting of for the sum of dollars ($ ) under his said agreement. 3. That the plaintiff was ready and willing to deliver the said goods and property to the defendant within the said time, and at all times until the .... 446 FORMS IN BANKRUPTCY. day of , 19 . . , thereafter ; and caused the same to be retained at the place of said auction for the purpose of delivery to the said defendant upon his paying therefor the said balance of dollars ($ ....)> of all of which the defendant had notice, and the plaintiff has otherwise duly performed all the conditions of said sale on his part to be performed. 4. That defendant did not pay for, nor remove said goods on or before the said .... day of , 19. . ; that thereafter and on or about the .... day of , 19 . ., plaintiff served notice on the defendant that he would make an application on , 19. ., to , Esq., the referee in bankruptcy in charge of the said proceedings, for an order for a re-sale of the said property for the account of the said defendant, and that said defendant be charged with any deficit that might result from said re-sale and any expenses that might be incurred in maintaining and protecting the said property from , 19. ., to the date of such re-sale, and for the expenses of such a re-sale ; that thereafter, and by an order of the said referee, dated , 19 . ., it was ordered that the said property be sold for the account of the said defendant and that due notice of said re- sale be given to the creditors of the said bankrupt and to the said defendant, and that the said defendant be charged with any deficit which might result to the plaintiff on such re-sale and any expenses incurred in maintaining and protecting the said property from , 19. ., to the date of such re-sale and for such re-sale ; that thereafter and on or about the .... day of , 19. ., the defendant had due notice of the making of said order; that thereafter and in pursuance to said order, to wit, on or about the .... day of 19 . . , at , the plaintiff re-sold the said property by public auction for account of the defendant for dollars, ($ ). 5. That no part of the deficiency of dollars, ($ ), thus arising has been paid. 6. That plaintiff incurred and paid necessary expenses for maintaining and protecting the said property for the period hereinbefore stated, amounting to dollars ($ . . . .) and plaintiff incurred and paid necessary ex- penses of such re-sale, amounting to $ 7. That by reason of the premises plaintiff has been damaged in the sum of dollars. Wherefore, plaintiff demands judgment against the defendant in the sum of dollars, with interest thereon from , 19 . ., together with the costs and disbursements of this action. Attorney for Plaintiff. Office and Post Office Address. Street, City of (Verification.) FORMS IN BANKRUPTCY. 447, FORM No. 294. BILL IN EQUITY TO SET ASIDE MORTGAGE UNDER SEC. 60-a, b, AND SEC. 67-e AVITHIN FOUR MONTHS' PERIOD AND AVHERE PROPERTY HAS BEEN SOLD FREE AND CLEAR OF LIENS. In the District Court of the United States, for the District of as Trustee in Bankruptcy of the Estate of Bankrupt, Plaintiffs J> In Equity, against and Defeiulants. To the Honorable, the Judge of the District Court of the United States for the District of And now comes , as trustee of the estate in bankruptcy of , a citizen of the State of , and residing in the City of , and for his cause of complaint against the above named defendants, does respectfully show to this Honorable Court and allege : First : That at all the times hereinafter mentioned, the , was a corporation organized under and existing by virtue of the laws of the State of , and having its principal place of business in the City of , District aforesaid. Second : That the above named defendants at all the times hereinafter mentioned were, and now are, corporations organized under the laws of the State of , and engaged in the business of banking, severally having their principal places of business in the City of and at , State of Third : Your orator further shows that heretofore and on or about the day of , 19. ., was duly adjudicated a bankrupt in accordance with the Acts of Congress relating to bankruptcy in the District Court of the United States for the District of , on a petition praying that it be so adjudicated, filed in said Court on the day of 19 . . ; and that thereafter the said plaintiff at a first meeting of creditors of the said , duly called and held on the day of , 19. ., at the office of Esq., referee in bankruptcy, to whom the matter in said bankruptcy had been referred, was duly appointed trustee of the estate in 448 FORMS IN BANKRUPTCY. bankruptcy of , and thereafter and on or about the ^ay of 19 . . , duly qualified as such trustee by accepting said trust and filing a bond in the sum of ($ ) dollars, as required by the order of his appointment, which said bond was duly approved by the referee in bankruptcy and that the said plaintiff has since acted as and now is such trustee. Fourth : That your orator did heretofore acquire title to the property hereinafter more particularly described by virtue of his appointment and qualification as such trustee and the filing of a certified copy of the order of his appointment and the certificate of approval of his bond in the office of the clerk of the County of , State of , on the day of , 19. ., in which said County the said property is located and which is as follows, to wit : (Here describe property fully.) Fifth: And your orator further shows that by virtue of the provisions of the said Acts of Congress relating to bankruptcy, your orator herein as trustee of the estate in bankruptcy of the said , became vested with all of the property of the said , of whatever kind, character, nature and description whatsoever as of the date that the said was adjudged a bankrupt, and also to all rights of action which the said creditors of the said had at the time of the said adjudication, to avoid all transfers by it made and to recover property so transferred, or its value, and to recover property transferred by it in fraud of its creditors and to recover all property or its value transferred by the said within four months prior to the date of the filing of the petition against it, or after the filing of the petition and before adjudication, if the effect of such transfer was to enable such transferee to obtain a greater percentage of his debt than any other creditor, and that the person or persons so receiving it, or to be benefited thereby, or his or their agent or agents acting therein shall have had reasonable cause to believe that the said transfer was intended to give a preference under said bankrupt act. Sixth : Upon information and belief, that on or about the day of , 19. ., the said , was indebted to the defendant the Bank herein in the sum of ($ ) dollars, the Bank of , about ($ ) dollars, upon promissory notes made or endorsed by the , and which had been discounted by the said defendants at the special instance and request of the said Seventh: Your orator further shows, upon information and belief, that on said day of , 19. ., and for a long time prior thereto, the said was insolvent and that while so insolvent, the said made, executed and delivered to the said defendant, the Bank, a mortgage in consideration of the alleged sum of ($ ) dollars, covering all of the prop- erty hereinbefore more particularly mentioned and described, a copy of which FORMS IN BANKRUPTCY. 449 said mortgage is hereto annexed, marked " Exhibit A " and made a part hereof, and which was thereafter and on the day of , 19, ., duly recorded in Liber of mortgages, page . . . ., in the office of the clerk of the county of , State of Eighth : Upon information and belief that the defendant, the Bank, claimed to have taken and received the said mortgage hereinbefore mentioned and described not only in its own interest but as trustee of and for the said defendant, the Bank of , and that the said defendant, the Bank of has or claims to have, some interest in said mortgage. Ninth : Upon information and belief, your orator does further show and allege that in truth and in fact no consideration whatsoever was paid by the said defendants to the said , for and in consideration of the •execution of the said mortgage as aforesaid, but that the said , made, executed and delivered the said mortgage to the said defendants, as aforesaid, as alleged security for said prior antecedent and pre-existing indebt- edness. Tenth : Upon information and belief, that on said day of , 19, ., the said was insolvent and that the said defendants knew, or had reasonable cause to know and believe that the said was so insolvent and that the said defendants or their agent or agents acting for them knew and had reasonable cause to know and believe that the making, execution and delivery of the said mortgage as aforesaid was made to them by the said , in order to enable them to receive a greater percentage of their debts than any other creditors of , of the same class. Eleventh : And your orator does further show that heretofore and prior to the commencement of this action, your orator did duly file with the referee in said bankruptcy proceedings, a petition duly verified by him on the day of , 19, ., for the entry of an order directing that your orator be authorized and permitted to sell and dispose of all the property, hereinbefore more particularly mentioned and described, at public auction and in the manner prescribed by the Acts of Congress relating to bankruptcy and the general orders of the Supreme Court of the United States, free of and from the lien of the said mortgage, and that thereafter and on the day of , 19. ,, an order was duly made and entered in said bank- ruptcy proceedings by said referee, wherein and whereby among other things your orator was authorized, directed and permitted to sell and dispose of said property at public auction free of and from the lien of the said mortgage. Twelfth : And your orator floes further show that thereafter and in pur- suance of the provisions of the said order and by virtue of the power and authority in him vested by the Acts of Congress relating to bankruptcy he did sell at public auction all of said property hereinbefore more particularly men- iioned and described on the day of , 19. ., at .... o*clock . . M. of that day, for the sum of dollars, and 450 FORMS IN BANKRUPTCY. that your orator under and by virtue of the terms of the order so directing said property to be sold free of and from the lien of the said mortgage, holds and continues to hold the said sum of dollars, subject to the final decree of this court in this action. Thirteenth : And your orator does further show and allege, upon informa- tion and belief, that the said defendants did not pay to the said ^ and the said did not receive from the said defendants,. any consideration whatsoever for the making, execution and delivery of the said mortgage hereto annexed, marked " Exhibit A " and made a part hereof,, and that the said mortgage is fraudulent and void as against the creditors of the said , and your orator, and was made, executed and de- livered by , and received by the said defendants in consum- mation of a fraudulent scheme between the said defendants and the said , to hinder, delay and defraud the creditors of the said and your orator. Fourteenth: And your orator does further show that the assets of this estate are insufficient to pay creditors in full. In tender consideration whereof, and for as much as your orator is remedi- less in the premises by the strict rules of the Common Law and cannot have adequate relief save in a Court of Equity where matters of this and a similar nature are properly cognizable and relievable. Your orator prays. 1st. That the said mortgage made, executed and delivered by the said , to the said defendants, dated the day of , 19. ., and re- corded in the office of the register of the County of , State of , on the day of , 19 , . , in Liber of Mortgages, page , be annulled, vacated, set aside and declared void, 2nd. And that the proceeds realized upon the sale of the said property as af oresaid, to wit, the said sum of dollars, be declared the property of the estate of the said , and subject to the order of the District Court of the United States sitting in bankruptcy, free of and from the lien of the said mortgage, or any right, title and interest therein by the said defendants. 3rd. And that your orator may have such further and other relief and decree in the premises as to the Court may seem proper and required by the principlei of equity and good conscience. FORMS IN BANKRUPTCY. 4:i May it please your Honor to grant unto your orator a writ of subpoena of the United States of America, directed to the said defendants the Bank, and Bank of , and to such others as shall in the discre- tion of your Plonor appear necessary to the hearing and determination of this case, commanding them on a day certain to appear and answer unto this Bill of Complaint and to abide and perform such order and decree in tlie premises as to the Court shall seem proper and required by the principles of equity and good conscience. Solicitors for complainant, Oftice & P. 0. Address, City of (Verification.) (Annex Exhibit.) NOTES. See AmendtnentB 1910. Sec. 60-b as Amended. Actions to recover preference or transfer within four months period. Sec. 60-a b ; 67-e, 23-b. See, Collier on Bankruptcy (7th Ed.), pps. 644-678, 760-774. See, " Moore" Fraudulent Conveyances, Chap. XXIII. Actions may be brought in Federal or State Courts. Pond V. N. Y. Exchange Bank (D. C. N. Y.). 10 Am. B. K. 343; 124 Fed. 992. Wall et al v. Cox, 5 Am. B. R. 727; 181 U. S. 244. Parker v. Black, 16 Am. B. II. 202; 143 Fed. 560; aff d 18 Am. B. R. 1.5; 151 Fed. 18; 80 C. C. A. 484. Off V. Hakes (C. C. A. 7th Cir.), 15 Am. B. R. 696; 142 Fed. 364; 73 C. C. A. 464. Court of Common Pleas (Pa.) has jurisdiction. Breckons v. Snyder, 15 Am. B. R. 112; 211 Pa St. 176. Municipal Court of New York when complaint demands a money judgment. Cohn V. Small (N. Y. Sup. Ct.), 18 Am. B. R. 817; 120 App. Div. 211; 105 N. Y. Supp. 287. Bowman v. Alpha Farms, 18 Am, B. R. 700 ; 153 Fed. 380. Exempt property not so recoverable. Vitzhum V. Large, 20 Am. B. R. 666; 162 Fed. 685, Trustee only may sue under this section. Parker v. Black (supra). But if trustee refuses, then a creditor may be permitted to do so for the benefit of all. Simple contract creditor may not maintain the suit in aid of the bankruptcy proceeding. Viquiesney v. Allen (C. C. A. 4th Cir.), 12 Am. B. R. 402; 131 Fed. 21; 65 C. C. A. 259. The right of a trustee to bring an action to set aside an alleged preferential transfer not assignable. Belding-Hall M'fg. Co. v. Mercer «fc Ferdon Lumber Co. (C. C. A. 6th Cir.), 23 Am. B. R. 595 ; 175 Fed. 385. 452 FORMS IN BANKRUPTCY. Contra. Bryan v. Madden (N. Y. Sup. Ct.). 15 Am. B. R. 388; 109 App. Div. 876; 96 N. Y. Supp. 465. See Collier (7th Ed.), page 672 et seq. Burden of Proof. Upon trustee. Deland v. Miller and Cheney Bank, 11 Am. B. R. 744; 119 Iowa 368. Getts v. Janesville Grocery Co. (D. C. Wis.), 21 Am. B. R. 5; 163 Fed. 417. Wright V. Sampter (D. C. N. Y.), 18 Am. B. R. 355, 358; 153 Fed. 196. Calhoun Co. Bank v. Cain (C. C. A. 4th Cir.), 18 Am. B. R. 509; 153 Fed. 983; 82 C. C. A. 114. Keith, Trustee v. Gettysburg Nat. Bank, 10 Am. B. R. 763 ; 33 Pa. Super Ct. 14. Burden of proof. Allen, as Trustee etc. v. Gray (N. Y. Sup.), 21 Am. B. R. 838. The bankrupt's petition for discharge, schedules and testimony at first meeting of creditors are inadmissible against the defendant to prove the insolvency of the bankrupt at the time of the transfer. Taylor, Trustee etc. v. Nichols (N. Y. Sup. Ct.), 33 Am. B. R. 310. Practice. Bill must allege four statutory elements for recovery under Sec. 60-a. b. (1) Insolvency at time of payment. (2) That the payments were made within four months before filing of the petition. (3) That the effect of the payments was to give the defendant a greater percentage of his debt than other creditors of the same class. (4) That the defendant had reasonable cause to believe that a perference was intended by such payment. Wright v. Wm. Skinner Mf'g Co. (C. C. A. 2nd Cir.), 30 Am. B. R. 527; 162 Fed. 315; 89 C. C. A. 23. Benedict v. Deshel (N. Y. Ct. of App.), 11 Am. B. R. 20; 177 N. Y. 1. Harder v. Clark (City Ct. N. Y.), 23 Am. B. R. 756. See, contra. Rutland Co. Nat. Bank v. Graves (D. C. Ver.), 19 Am. B. R. 446; 156 Fed. 168. See, In re Leech (C. C. A. 6th Cir.), 22 Am. B. R. 599; 171 Fed. 622 making intent a necessary element; also to same effect, In re 1st Nat. Bank of Louisville, Ky. (C. C. A. 6th Cir.), 18 Am. B. R. 766; 155 Fed. 100; 84 C. C. A. 16. Essential that bankrupt should have transferred some portion of his own property to the creditor. Mason V. Nat. Bank of Little Falls (C. C. A. 2nd Cir.), 33 Am. B. R. 733; 172 Fed. 529. Action to set aside an alleged fraudulent conveynance or to recover a preference not a proceeding in bankruptcy, but ancillary thereto and governed as to pleading and practice by the laws and rules of the court wherein it is instituted. Westall et al. v. Avery (C. C. A. 4th Cir.), 22 Am. B. R. 673; 171 Fed. 626. See as to allegations and practice. Lesser v. Bradford Realty Co., 17 Am. B. R. 534; 116 N. Y. App. Div. 213 aff'g 15 Am. B. R. 123; Crooks v. People's Nat. Bank'of Malone, 3 Am. B. R. 338; 46 N. Y. App. Div. 335. Painter v. Napoleon Township (D. C. Ohio.), 19 Am. B. R. 413; 156 Fed. 389. Complaint shniild allege insufficient assets to pay debts in full. Presscott v. Galluccio, 21 Am. B. R. 239. Allegation of, "insolvency." Martin v. Bigelow, 7 Am. B. R. 218. Where there is a plain, adequate and complete remedy at law the suit should not be on equity side of court. FORMS IN BANKRUPTCY. 453 Warmath v. O'Daniel (C. C. A. 6th Cir.), 20 Am. B. R. 101; 159 Fed. 87; 86C. C. A. 277. When properly in equity. Lesser v. Bradford Realty Co. (N. Y. Sup. Ct.), supra. Parker v. Black (D. C. N. Y.), supra. Houghton, Trustee v. Stiner, 92 App. Div. (N. Y.) 171. Wall et al v. Cox (C. C. A. 4th Cir.), 4 Am. B. R. 659; 101 Fed. 403. Power of District Court in such equity suits. Allen v. McMannes, 19 Am. B. R. 276; 156 Fed. 615. An atljudication of a bankrupt upon the ground of preference not conclusive upon creditor that his security is a voidable preference. Hussey v. Dry Goods Co. (C. C. A. 8th Cir.), 17 Am. B. R. 511; 148 Fed. 598; 78 C. C. A. 370. Against whom action brought. In re Bailey, 16 Am. B. R. 289; 144 Fed. 214. See, Benjamin v. Chandler, 15 Am. B. R. 439; 142 Fed. 217. Suit can be brought not only against the creditor or his agent, but against a transferee not a creditor. Hackney v. Hargreaves Bros., 13 Am. B. R. 164; 3 Neb. 676; rev'g 10 Am. B. R. 213. Note paid by debtor to relieve indorser a preference, and may be recovered from the indorser. Landry v. Andrews, 6 Am. B. R. 281. Kobusch V. Hand (C. C. A. 8th Cir.), 19 Am. B. R. 379; 156 Fed. 660; 84 C. C. A. 372. Suit may be maintained against the Board of Trustees of a township. Painter v. Napoleon Township, 19 Am. B. R. 412; 156 Fed. 289. Insolvency of individuals as well as partnership must be shown. Tumlin v. Bryan (C. C. A. 5th Cir.), 21 Am. B. R. 319; 165 Fed. 160; 91 C. C. A. 200. Vaccaro et al. v. Security Bank (C. C. A. 6th Cir.), 4 Am. B. R. 474; 103 Fed. 436; 43 C. C A. 279. Reasonable cause to believe. What con.stitutes. Each case turns on its own facts. Information sufficient to put upon inquiry. Bardes r. First Nat. Bank of Hawarden (Sup. Ct. la.), 12 Am. B. R. 771; 122 la. 443. In re Coffey, 19 Am. B. R. 148; 165. A state of facts as would lead a prudent business man to the conclusion that the debtor is unable to meet his obligations, as they mature, in the ordinary course of business. Benedict v. Deshel, 11 Am. B. R. 20, 177 N. Y. 1. Coder v, McPherson (C. C. A. 8th Cir.), 18 Am. B. R. 523; 152 Fed. 951; 82 C. C. A. 99. In re Eggert (C. C A. 7th Cir.), 4 Am. B. R. 449: 102 Fed. 735; 43 C. C. A. 1 ; Wright v. Sampter (D. C. N. Y.), 18 Am. B. R. 355; 152 Fed. 196. Wright V. Wm. Skinner Mfg. Co. (C. C. A. 2nd Cir.) 20 Am. B. R. 527; 162 Fed. 315; 89 C. C. A. 23. Huttig Mfg. Co. V. Edwards (C. C. A. 8th Cir.), 20 Am. B. R. 349; 160 Fed. 619; 87 C. C. A. 521. In re Mills Co., 20 Am. B. R. 501 ; 162 Fed. 42. Stevens v. Oscar Holway Co., 19 Am. B. R. 399; 156 Fed. 90. In re Virginia Hardware Mfg. Co., 15 Am. B. R. 135; 139 Fed. 209. 454 FORMS IN BANKRUPTCY. In re Andrews, 16 Am. B. R. 387; 144 Fed. 922; 75 C. C. A. 562; aff'g 14 Am. B. R. 247. Actual knowledge not required. Ridge Ave. Bank v. Sundheim (C. C. A. 3rd Cir.), 16 Am. B. R. 863; 145 Fed. 798; 76 C. C. A. 362; aflf'g s. c, 15 Am. B. R. 132; 138 Fed. 951. Coder v. Arts (C. C. A. 8th Cir.), 18 Am. B. R. 513; 152 Fed. 943; 82 C C. A. 91. modifying, In re Armstrong, 16 Am. B. R. 583; 145 Fed. 202; Getts v. Janesville Grocery Co., 21 Am. B. R. 5; 163 Fed. 417. In re Pfaffinger, 18 Am. B. R. 807; 154 Fed. 528; Pratt v. Columbia Bank (D. C. N. Y.), 18 Am. B. R. 406, 415; 157 Fed. 137. Suffel V. McCartney Nat. Bank, 16 Am. B. R. 259; 106 N. W. 837. In re Hiiies, 16 Am. B. R. 495; 144 Fed. 543. Stevenson v. Milliken Tomlinson Co., 13 Am. B. R. 201; 99 Me. 320, Knowledge of agent may be imputed to principal. Off V. Hakes (C. C. A. 7th Cir.), 15 Am. B. R. 696; 142 Fed. 364; 73 C. C. A. 464; Babbitt v. Kelly, 9 Am. B. R. 335; 95 Mo. App. 529; 70 S. W. 384, In re Nassau, 15 Am. B. R. 793; 140 Fed. 912. But see. Crooks v. Peoples Bank, 3 Am. B. R. 238; 46 N. Y. App. Div. 335; 61 N. Y. Supp. 604, s. c, 5 Am. B. R. 754; 72 App. Div. 331 ; aff'd 177 N. Y. 68. McNaboe v. Columbian Mfg. Co. (C. C. A. 2nd Cir.), 18 Am. B. R. 684; 153 Fed. 967; 83 C. C. A. 81. Sufficiency of answer to reasonable cause. Plummer v. Myers, 14 Am. B. R. 805; 137 Fed. 660; American Lumber, etc., Co. v. Taylor (C. C. A. 3rd Cir.), 14 Am. B. R. 231; 137 Fed. 321; 70 C. C. A. 21. Turner v. Fisher, 13 Am. B. R. 243; 133 Fed. 594. When action not sustained by the evidence. Pratt, as Trustee, etc., v. Christie (N. Y. App. Div.), 12 Am. B. R. 1 ; 95 App. Div. 282. Preference by indirection. Rogers v. Fidelity Savings Bank & Loan Co., 23 Am. B. R. 1, Reasonable cause to believe a question of fact for jury, Thomas v, Adelman (D. C, N. Y.), 14 Am. B. R. 510; 136 Fed. 973; also question of solvency. Upson V. Mount Morris Bank, 14 Am. B. R. 6; 103 N. Y. App. Div. 367. Wetstein v. Franciscus (C. C. A. 2nd Cir.), 13 Am. B. R. 326; 133 Fed. 900; 67 C. C. A. 62. Ridge Ave. Bank v. Sundheim (C. C. A. 3rd Cir.) (supra). Turner v. Fisher (supra). Practice. Pleading should show a demand and refusal to restore. In re Phelps, 3 Am. B. R, 396. Allegation that a preference was fraudulent without setting forth the facts showing the fraud insufficient. In re Leech (supra). Complaint may be dismissed for variance between pleading and proof. Stern v. Mayer (N. Y. Sup. Ct.), 16 Am. B. R. 763, 113 N, Y, App. Div. 181; 98 N. Y. Supp. 1028. Amount of recovery. Allen v. McMannes, 19 Am. B. R. 276; 156 Fed. 615. Value of property, not amount realized by transferee. In re Ansley Bros., 18 Am. B. R. 457 ; 153 Fed. 983. FORMS IN liANKRUPTCY. 455 Only so much recoverable as is necessary for the payment of claims and the costs and expenses of administering the estate. Rogers v. Page (C. C. A. 6th Cir.), 15 Am. B. R. 502; 140 Fed. 596; 72 C. C. A. 164. In N. Y., when transfer is made by an insolvent corporation, Plaintiff under sec. 66 of N. Y. Stock Corporation Law of 1909, need not prove reasonable cause to believe on part of transferee. Price V. Derbyshire Coffee Co. (N. Y. Sup. Ct.), N. Y. Law Journal, Apr. 9, 1910, Trial Term, Part XVII, page 154. Restoration of stolen funds, not a recoverable preference. McNaboe v. Columbia Mfg. Co. (C. C. A. 2nd Cir.), 18 Am. B. R. 684; 153 Fed. 967; 83 C. C. A. 81. A court of equity in a suit by a trustee to recover a preference, will not entertain a cross bill for the recovery by defendant of the amount of the dividend to which he claims to be entitled from the bankrupt estate, but will require him to prove his claim in the bankruptcy court. Onmien v. Talcott (D. C. N. Y.), 23 Am. B. R. 572; 175 Fed. 259. 456 FORMS IN BANKRUPTCY. FORM No. 295. COMPLAINT TO SET ASIDE UNDER SEC. 70-e BILL OF SALE BEYOND FOUR MONTHS PERIOD. Court of County. ,as Trustee in Bankruptcy of Plaintiffs against Defendant. J The plaintiff appearing by , his attorney, for a complaint herein, alleges upon information and belief : I. That at all times hereinafter mentioned the defendant, , was and still is a domestic corporation, organized and existing under and pursuant to the laws of the State of II. That heretofore, and on or about , 19. ., a petition in bankruptcy was filed against , in the district court of the United States for the district of , and such proceedings were had thereafter that said was on or about the day of , 19 . ., duly adjudicated a bankrupt. III. That thereafter and on the day of , 19. ., , the plaintiff herein, was duly appointed trustee of the estate of said , bankrupt; and that thereafter plaintiff duly qualified and entered upon the discharge of his duties as such trustee and has been at all times since and is now such trustee; that upon the appointment and qualification of the plaintiff as such trustee, he became, was and is vested for the benefit of the creditors of the said bankrupt, and in accordance with the provisions of the laws of the United States in such case made, with all and singular the real and personal estate, assets and causes of action which were owned by or to which the said , or his creditors were in anywise entitled on the day when he was adjudicated bankrupt, as aforesaid, as well as to all property theretofore transferred by him in fraud of his creditors. IV. That at the time of the execution and delivery to the defendant , of the alleged bills of sale and agreement hereinafter men- tioned, and at the time of the filing of the alleged bill of sale of , 19. ., hereinafter referred to, and at the time defendant took possession of the FORMS IN BANKRUPTCY. 457 property mentioned in paragraph . . of this complaint, the said owed debts to various creditors now represented by the plaintiff, as trustee aforesaid, amounting to $ or thereabouts ; that some of said debts had been reduced to judgment prior to the execution and delivery of the said alleged bills of sale and said agreement ; that other of said debts were reduced to judgment prior to the adjudication of said , in b<\nkrui)tcy ; that all of said debts remain wholly unpaid and have been proved and filed in the bankruptcy proceedings of said , and allowed by the referee in charge thereof; that plaintiff has no money or other property in his possession to pay said debts or any part thereof, and the sole asset of the estate, is the property which the plaintiff seeks to recover in this action. V. That on or about the day of , 19 . ., said , bankrupt, was the owner and in possession of certain property as follows, to wit : situated at street, in the City of and State of , all of which were of an estimated value of $ , or thereabouts. VI. That thereafter and on or about the day of , 19 • •> the said , made an alleged bill of sale of the said goods and chattels above mentioned, to the defendant, , which alleged bill of sale was intended to and did operate as a mortgage on the goods and chattels covered thereby, a copy of said alleged bill of sale is hereto annexed marked " Exhibit A," and made a part of this complaint. VII. That on or about the said day of , 19. ., the said , bankrupt, made an agreement with the said , defendant relative to the making and delivery to the said of certain promissory notes, a copy of which agreement is hereto annexed marked " Exhibit B," and made a part of this complaint. VIII. That on or about the day of , 19 . . , the said , bankrupt, made an alleged bill of sale to the defendant, a copy of which is hereto annexed marked " Exhibit C," and made a part of this complaint, purporting to be confirmatory of the alleged bill of sale and agree- ment hereinbefore mentioned in paragraphs VI and VII respectively of this complaint. IX. That there was no consideration given or received for the said alleged bill of sale and said agreement of 19. . ; that the only con- sideration for the alleged confirmatory bill of sale of , 19. ., was an alleged antecedent indebtedness due by said to defendant; that there was no delivery of the said goods and chat^ls to the defendant under said alleged bills of sale and said agreement until on or about , 19 . . ; that the said , bankrupt, remained in full and continuous custody, control and possession of said goods and chattels up to or about , 19. . ; that said alleged bill 458 FORMS IN BANKRUPTCY. of sale of , 19 • • J and the said agreement of , 19. ,, were not filed pursuant to the laws of the State of , in office of of the County of until after , 19. ., and that possession of said goods and chattels was not taken by the defendant until on or about , 19 . . . X. That at the time of the execution and delivery to the defendant of said alleged bill of sale and agreement and at the time of the filing of the alleged bill of sale on , 19. ., and at the time the defendant took possession of the property men- tioned in paragraph of this complaint, the said was insolvent and owed debts largely in excess of the value of his assets, and that such alleged bill of sale and agreement aforesaid, was made, executed and delivered to , defendant, for the purpose and with intent on the part of the said of hindering, delaying and defrauding his said creditors, and of placing his property beyond the reach of his said creditors, and each of them, and the defendant so received said alleged bill of sale, and knowingly participated in said fraudulent scheme. XI. That heretofore and prior to the commencement of this action, plaintiff demanded in writing of the defendant , all the property covered by said alleged bills of sale and defendant has failed, neglected and refused to deliver the said property to plaintiff. Wherefore, this plaintiff demands judgment : I. That the said alleged bill of sale and said agreement of the day of , 19. ., and the said alleged bill of sale purporting to be con- firmatory thereof, made on the day of , 19. ., be each and the said transfer of property in pursuance of same, set aside, and declared null and void as made to hinder, delay and defraud the creditors of and this plaintiff. II. That the defendant be directed to account for, transfer and deliver to the plaintiff, all of the property, heretofore received by the said , defendant by virtue of said alleged bill of sale, agreement and confirmatory bill of sale. III. That in case the said defendant shall have disposed of said property or any part thereof, so that the same cannot be reached, con- trolled and delivered by the said defendant, and transferred and turned over to this plaintiff, this plaintiff have judgment for the value thereof. IV. That in case the said defendant shall have permitted said property, or any part thereof, to be injured or damaged by use or wear thereof, or other- wise, so that said property shall have in consequence depreciated in value, this plaintiff do further have and recover judgment for the amount of said damage or injury to said property as well as damages for the use and detention thereof. V. That the defendant, be adjudged to make dis- closure and discovery as to any and all of said property received by it from , bankrupt, which it now has or which it has disposed of, the whereabouts of which is concealed from and unknown to this plaintiff, FORMS IN BANKRUPTCY. 459 in order that such property where not in possession of said defendant, may- be reached and transferred to this plaintiff. VI. That the phiintiff have such otlier or further order, judgment or relief as to the court may seem just and proper together with the costs and disburse- ments of this action. ) Attorney for plaintiff, Office & Post Office Address, Street, City of (Verification.) (Exhibits.) NOTES. See amendments 1910, sec. 23-b 67 d. as amended. Fraudulent transfers ■within four months period, sec. 67-e and transfers fraudulent under state laws. Sec. 70 a, (4), e. Cross References 2 (7) (15) 47 a (2) 60 b. See, Moore on " Fraudulent Conveyances " Chap. XXIV. Jurisdiction. Where creditor could have avoided a transfer under the laws of the State, trustee in bankruptcy has same power. Mueller v. Bruss, 8 Am. B. R. 442; 112 Wis. 406; 88 N. W. 229. Hunt V. Doyal (Ga.), 57 S. E. 489. Concurrent jurisdiction of State and Federal Court to set aside transfers within the four months period. Johnston v Forsythe Mercantile Co., 11 Am. B. R. 669; 127 Fed. 845; Drew v. Myers et al., 22 Am. B. R. 656. Trustee may proceed whether any creditor is in a position to attack the transfer or not. Sheldon v. Parker, 11 Am. B. R. 152, 66 Neb. 610; 92 N. W. 923. Trustee alone authorized to bring the action. Ruhl-Koblegard Co. v. Gillespie, 22 Am. B. R. 643. May maintain the suit in district other than the one in which he was appointed. Teague v. Anderson Hardware Co., 20 Am. B. R. 424; 161 Fed. 765. Not necessary for trustee to show that a creditor had obtained judgment and issued execution, and had same returned unsatisfied. Thomas v. Roddy, 19 Am. B. R. 873; 122 N. Y. App. Div. 851; Ryker v. Gwynn (N. Y. Sup.), 21 Am. B. R. 95; Beasley v. Coggins, 12 Am. B. R. 3.55; 57 So. 213. Mueller v. IJru.ss, 8 Am. B. R. 442; 112 Wis. 406; Mitchell v. Mitchell, 17 Am. B. R. 382; 147 Fed. 280; aff'd 20 Am. B. R. 924; 160 Fed. 1022; 87 C. C. A. 613. As to unfiled chattel mortgage. See, Skilton v. Coddington, 15 Am. B. R. 810; 185 N. Y. 80. Fraudulent transfers — recovery. I'lenary suit is in most cases necessary to reach property in hands of third persons since decision of Supreme Court in Bardes v. Bank, 4 Am. B. R. 163; 178 U. S. 524. Whf^n brought under sec. 67e, Bankruptcy Court has jurisdiction, without consent of 'MO' n=pd defendant. 460 FORMS IN BANKRUPTCY. Lynch v. Bronson, 20 Am. B. R. 409; 160 Fed. 139. Cannot be brought under sec. 70e in the Federal Court without the consent of the proposed defendant. Skewis V. Barthell (D. C. la.), 18 Am. B. R. 429; 152 Fed. 534; Palmer v. Roginsky, 23 Am. B. R. 358; 175 Fed. 883. Hull V. Burr (C. C. A. 5th Cir.), 18 Am. B. R. 541, 547; 153 Fed. 915; 83 C. C. A. 61. Contra. Hurley v. Devlin (D. C. Kan.), 17 Am. B. R. 793; 149 Fed. 268. [By Amendment of 1910, See 23b as amended suits, to recover property 70e. may no^v be brought in bankruptcy court.] Has power though transfer was made more than four months prior to adjudi- cation, subject to the limitation of sec. 70 (e). Bush V. Export Storage Co. (C. C. Tenn.), 14 Am. B. R. 138; 136 Fed. 918. Lewis V. Bishop, 47 N. Y. App. Div. 554; 62 N. Y. Supp. 618; Beasley v. Coggins, 12 Am. B. R. 355; 48 Fla. 215; 57 So. 213; In re Mullen, 4 Am. B. R. 224; 101 Fed. 413; Thomas v. Roddy (N. Y. App. Div.), 19 Am. B. R. 873; 122 App. Div. 851; In re Schenck, 8 Am. B. R. 727; 116 Fed. 564. In re Rodgers, 11 Am. B. R. 79; 125 Fed. 169; 60 C. C. A. 567. Trustee may bring equity suit to avoid the transfer. Beasley v. Coggins {supra); McNulty v. Feingold, 12 Am. B. R. 338; Wall v. Cox (C. C. A. 4th Cir.), 4 Am. B. R. 659; 101 Fed. 403; 41 C. C. A. 408. See, s. c, 181 U. S. 244; 45 L. Ed. 845. Receiver in Bankruptcy may not bring such suit. Guarantee Title & Trust Co. v. Pearlman, 16 Am. B. R. 461 ; 144 Fed. 550. Complaint should allege that the assets of the estate are not sufficient to pay creditors in full. Prescott V. Galluccio (D. C. N. Y.), 21 Am. B. R. 229. Mueller v. Bruss (supra). Johnston v. Forsyth Mercantile Co., 11 Am. B. R. 669; 127 Fed. 845. Trustee may include in his bill of complaint all causes of action which might have been included in creditor's bill. Carter v. Hobbs, 1 Am. B. R. 215; 92 Fed. 594. Necessary elements of proof. Van Iderstine, Trustee v. Nat. Discount Co., 23 Am. B. R. 345; 174 Fed. 518. Bankrupt not a necessary party. Cox, Trustee, etc., v. Wall et al., 3 Am. B. R. 664. A fraudulent transferee, who has transferred to another fraudulent transferee all his property rights, is not a necessary' party defendant. Skillin v. Endelman, 11 Am. B. R. 766; 79 N. Y. Supp. 413. Trustee suing under sec 70e, must bring himself within the elements of pleading and proof recognized by the statutes and decisions of the State in which action is brought. Halbert v. Pranke (Minn. Sup.), 11 Am. B. R. 620. In re Gray, 3 Am. B. R. 647; 47 App. Div. (N. Y.) 554. Mueller v. Bruss {supra). In an action in equity by trustee to set aside a transfer of corporate stock claimed to have been made by the bankrupt in fraud of c.editors, where decree would not afford full relief, owing to depreciation in value of certificates, the court may award a money judgment against the transferee. Wasey v. Holbrook, 65 Misc. (N. Y.) 84. FORMS IN BANKRUPTCY. 461 Order refusing to direct delivery of property summarily, no bar to subsequent suit to recover by trustee. Murray v. Joseph, IG Am. B. R. 704; 146 Fed. 260. Who entitled to share in proceeds of suit. In re Kohler (C. C. A. 6th Cir.), 20 Am. B. R. 89; 159 Fed. 871 ; 87 C. C. A. 51. When trustee is not barred by election from maintaining suit to avoid transfer. Thomas v. Sugarman (U. S. Sup), .30 Sup. Ct. Rep. 650, reversing s. c. (C. C. A. 2nd Cir.), 19 Am. B. R. 509; 157 Fed. 669; 85 C. C. A. 337. Failure of trustee to contest claim, no bar to suit to recover. Buder v. Columbia Distilling Co. (Ct. of App. Mo.), 9 Am. B. R. 331. Intent to defraud is the test of the right to avoid a transfer under this section, "which applies only to transfers which are fraudulent at common law. In re Bloch (C. C. A. 2nd Cir.), 15 Am. B. R. 748; 142 Fed. 674; 74 C. C. A. 250. Under Ohio, Rev. St., Sec. 6343. Actual fraud or an intent to defraud need not be shown. Barber v. Coit (C. C. A. 6th Cir.), 16 Am. B. R. 419; 144 Fed. 381; 75 C. C. A. 319. Voluntary settlement upon wife. In re Foss, 17 Am. B. R. 439; 147 Fed. 790. Mortgage withheld from record. In re Hunt, 14 Am. B. R. 416; 139 Fed. 283. Test of validity is the law of the State. Mattley v. Wolfe (D. C. Neb.), 23 Am. B. R. 673; 175 Fed. 619. Dodge V. Norlin (C. C. A. 8th Cir.), 13 Am. B. R. 176; 133 Fed. 363; 66 C. C. A. 425. See Collier (7th Ed.), 762. Burden of proof. Sale of entire slock in bulk out of due course of business, is presumptively questionable and casts burden on purchaser to show good faith, etc. In re Knopf, 16 Am. B. R. 432; 144^Fed. 245; Dokken v. Page (C. C. A. 8th Cir.), 17 Am. B. R. 228; 147 Fed. 438; 77 C.'*C. A. 674; Allen v. McMannes, 19 Am. B. R. 276; 156 Fed. 615. Transfer to relative — Burden upon grantee to show good faith. Horner-Gaylord Co. v. Miller & Bennett, 17 Am. B. R. 257; 147 Fed. 295. Burden upon complainant to show absence of good faith on part of purchaser of bankrupt's accounts. Van Iderstine, Trustee v. National Discount Co. (C. C. A. 2nd Cir.), 23 Am. B. R. 345; 174 Fed. 518. Shelton v. Price (D. C. Ala.), 23 Am. B. R. 431; 174 Fed. 891. Sale of stock in bulk. Johnston v. Forsyth Mercantile Co., 19 Am. B. R. 48; 155 Fed. 268. Houck V. Christy (C. C. A. 8th Cir.), 18 Am. B. R. 330; 152 Fed. 612; 81 C. C. A. 602. In re Knopf, 17 Am. B. R. 48; 146 Fed. 109. Mortgagor remaining in possession, fraudulent under New York personal property law. Skillin V. Endelman, 11 Am. B. R. 766; 79 N. Y. Supp. 413; 39 Misc. Rep. 261. In Iowa, void as to those who became creditors after execution of, but before recording. Post V. Berry (C. C. A. 8th Cir.), 23 Am. B. R. 699. In re Bothe (C. C. A. 8th Cir.), 23 Am. B. R. 151; 173 Fed. 597. 462 FORMS lx\ BANKRUPTCY. FORM No. 296. COMPLAINT TO DECLARE SECRET TRUST. Court of , County of in Bankruptcy of ■ •as Trustee Plaintiff, against and Defendants. The plaintiff for his complaint herein by , his attorney, respectfully shows to this Honorable Court and alleges: 1. That heretofore and in the District Court of the United States for the district of , a petition in bankruptcy was duly filed by the above named , in which district, the said for more than six months prior to the filing of said petition resided, to be adjudged a voluntary bankrupt and proceedings were thereupon duly had on such petition, that on the day of , 19.., an order of adjudication was duly made and entered adjudicating the above named defendant , a bankrupt within the purview of the Acts of Congress, relating to bankruptcy. 2. That thereafter such proceedings were duly had in the said District Court of the United States for the district of that at a meeting of creditors of the said bankrupt, this plaintiff was duly appointed the trustee in bankruptcy of the estate, assets and effects of the said 3. That thereafter this plaintiff duly gave and filed a bond as required by law and in other respects duly qualified as such trustee in bankruptcy of the said , and is still acting as such trustee. 4. Upon information and belief: That the above named defendant, .... , is the owner of record of certain real estate, described as follows : [Here describe property.] 5. Upon information and belief: That the said real estate was purchased with the money of the said defendant, , and pursuant to an FORMS IN BANKRUPTCY. 4G3 understanding and agreement then had between the said defendants, and his wife, , that the said property was to be purchased in the name of the defendant and to be held by her in trust for the defendant, 6. Upon information and belief : That prior to and on , 19.., when the said property was purchased in the name of the defendant, , the said was insolvent and unable to pay his debts and obligations in full. 7. Upon information and belief: That the said property hereinbefore described was purchased in the name of the said defendant, , solely with the intent and purpose of cheating and defrauding the creditors of the said 8. Upon information and belief: That the said defendant , is in reality and as a matter of fact, the owner of the said property, but that the said defendant, , is holding the same in trust for him under the secret understanding and agreement hereinbefore set forth, with the intent and purpose of cheating and defrauding the creditors of the said 9. That the assets of this estate in hands of plaintiff are insufficient to pay the debts of said bankrupt in full. Wherefore, plaintiff demands judgment as follows : I. That the said defendant, , be decreed and adjudged to be the owner of the property mentioned in said complaint, and that the said defendant, , be decreed to hold the said property in trust for the said defendant, II. That the said defendant, , be directed to execute a deed of the said premises herein mentioned to the plaintiff as trustee in bankruptcy of the defendant, III. That the said property herein mentioned be directed to be sold according to law, for the benefit of the creditors of the said , the bankrupt herein. IV. That this plaintiff have such other and further relief in the premises as to this court may seem just and equitable, besides the costs and disburse- ments of this action. > Attorney for plaintiff. Office & P. 0. Address St. City of [Verification.] NOTE. Action to fasten secret trust. LudTigh Y. American Woolen Co. (D. C. N. Y.), 19 Am. B. R. 795; 159 Fed. 796. 464 FORMS IN BANKRUPTCY. FORM No. 297. BILL IN EQUITY FOR CONSPIRACY TO DETRAUD CREDITORS. District Court of the United States, District of In Equity. as Trustee in Bankruptcy of Bankrupt, Complainant^ against and. Respondents. To the Honorable Judge of the District Court of the United States for the District of : as trustee in bankruptcy of , bankrupt, brings this, his Bill of Complaint against , and , and thereupon your orator complains and says : 1. That heretofore and on or about the day of 19. ., a petition in involuntary bankruptcy signed and verified by the creditors therein named, was duly filed in the District Court of the United States for the District of , praying that , a merchant and trader in and manufacturer of , having for the greater part of the six mouths next preceding the filing of the said petition, been engaged in business at , within the territorial limits and Jurisdiction of the said District Court of the United States for the District of , be adjudged an involuntary bankrupt; that thereafter such proceedings were duly had upon said petition, that on or about the day of , 19 . . , an order was duly made and entered in the said District Court of the United States for the District of , wherein and whereby it was adjudged and decreed that the said was a bankrupt within the purview of the Acts of Congress relating to bankruptcy ; and thereafter such proceedings were duly had upon said petition and adjudication that the first meeting of creditors of the said was duly held at the office of , Esq., one of the referees in bankruptcy to whom the said bankruptcy proceeding was referred and such proceedings were duly had at first meeting of creditors, that on or about the day of , 19. ., your orator was duly appointed trustee of the said and FORMS IN BANKRUPTCY. 465 of his assets, and your orator duly accepted such appointment and duly filed his bond in the said District Court of the United States for the District of in the sum of dollars as required by the terms of the order of his appointment, which bond was, on or about the day of , 19 • • , duly approved by the said District Court of the United States for the District of , in and by an order made upon said day ; and thereupon your orator entered upon the discharge of his duties as such trustee and now continues in the performance thereof. UPON INFORMATION AND BELIEF : 2. That at all the times hereinafter mentioned, the respondents and were engaged in business in the City of , as , under the firm name and style of 3. That in the months of , and , 19. . and within four months of the filing of the said petition in bankruptcy against the said bankrupt , the said was insolvent, that is to say, the aggregate of the property of the said , exclusive of the property hereinafter referred to as having been conveyed and transferred with intent to hinder, delay and defraud his creditors, was not, at a fair valuation, sufficient in amount to pay his debts. 4. That the said at the times referred to in the last paragraph, well knew that he was thus insolvent. 5. That during the said months of , , and , 19.., and within four months of the filing of the said petition against the said , and while the said was insolvent as aforesaid, well knowing the same, the said communicated his financial condition to the respondent and informed the said that he, the said , owed large sums of money which he was unable to pay and would be unable to pay, and that his assets were not sufficient to meet his liabilities, and that he was in an insolvent and failing condition, and thereupon the said , well knowing the facts thus communicated, conspired with the said , and pursuant to said conspiracy, it was agreed by and between the said and the said on his own part and on the part of the said firm of , that the said should go out into the market among the merchants of the City of and elsewhere, and should buy largely upon credit from the said merchants, such merchandise as he could procure from them and to the end and purpose that tlie said might be enabled to purchase large quantities of merchandise from the said merchants upon credit, it was further agreed that in making the purchases the said should represent himself as a merchant of sound financial standing and of sufficient means and ability to pay therefor and should refer the said merchants from whom the said /Co FORMS IN BANKRUPTCY. merchandise was to be thus obtained to the said for the purpose of verifying the said assertions of the said , and it was thereupon agreed that the said would, upon inquiry by said merchants or on their behalf, state and represent to the said merchants that the said was a man of sound financial standing and of sufficient means and ability to pay for said merchan- dise ; and pursuant to said conspiracy likewise it was agreed that such merchan- dise as the said should thus obtain from the said merchants should not be paid for, but that the same should be immediately transferred and delivered to the said firm of , and sold by them in their business as for such prices as they might obtain and that the proceeds should be kept and secreted from the creditors of the said and from the merchants who were thus defrauded, and applied to the benefit of the said and the said and and the said firm of , all of which conspiracy and agreement, your orator avers was made and entered into with the intent on the part of the respondents to hinder, delay, cheat and defraud the creditors of the said 6. That in the months of , and and within four months of the filing of the said petition against the said and while the said was insolvent as aforesaid, well knowing the same and with the knowledge on the part of the said of the said insolvency and of the extent thereof and pursuant to the terms and stipulations of the corrupt and dishonest agreement set forth in the last paragraph, and pursuant to the said conspiracy to hinder, delay, cheat and defraud the creditors of the said and with the intent on the part of the respondents to hinder, delay, cheat and defraud said creditors of the said , the said did go out into the market among the merchants of the City and elsewhere, and did represent himself to be a man of sound financial standing and of sufficient means and ability to pay for the goods hereinafter referred to, and did represent and state to the said merchants that the respondent was one to whom he could refer as to his financial standing and means and ability to pay, and the said merchants largely did inquire of the said as to the stand- ing and financial responsibility of the said and the said did falsely and fraudulently and corruptly state and repre- sent to the said merchants that the said was worthy of credit, whereby and by reason whereof, the said established a large credit and procured large quantities of merchandise with the intent on his part not to pay for the same and with the knowledge of the said that he had thus procured the same with the said intent. 7. That likewise pursuant to the said conspiracy and corrupt agreement hereinbefore referred to, upon obtaining said mercbandiso in manner and form as above set forth, the said did, during the months of , and 19 . . and within four FORMS IN BANKRUPTCY. 467 months of the filing of the said petition against the said and while insolvent as aforesaid, well knowing the same, transfer, assign and set over to the said firm of , and with the intent and purpose of hindering, delaying, cheating and defrauding his creditors, assets consisting largely of the said merchandise thus procured, to the extent and of the fair and reasonable value of the sum of dollars ; and the said firm of received the said property of the ^•ahle afore said with the full knowledge on the part of the said of the insolvency of the said and of the intent of the said to hinder, delay, cheat and defraud his creditors and pursuant to the conspiracy hereinbefore set forth. 8. That the said transfers were made by the said to the said in manner and form as above set forth and not other- wise, and the said firm of did not receive the same in good faith and did not then and there pay therefor a present, fair consideration or any consideration whatever, and the same are null and void under the National Bankruptcy Law and null and void as against the creditors of the said by the Laws of the State of And your orator avers that such property thus transferred, passes, pursuant to said Bankruptcy Law, to your orator and brings this his Bill to reclaim and recover the same for the benefit of the creditors of the said 9. And your orator avers that the assets of the said in his possession as trustee are not sufficient to pay the creditors of the said the amounts due them and that the said creditors and your orator are without adequate remedy at law without the equitable intervention of this court, unless this court shall in furtherance of a decree which your orator seeks, declare the said transfers to the respondents to have been null and void. To that end therefore your orator prays : I. That the said respondents , and , be made respondents to this Bill and compelled to answer each and every allegation therein contained but not under oath which is waived, as fully as if directly interrogated as to each. II. That it may be decreed and adjudged that the transfers of the said property made by the said to the said respondents and , are null and void as against your orator as trustee in bankruptcy of the said III. That it may be decreed and adjudged that the respondents account to your orator for the value of the said property which has come into their posses- sion as set forth in your orator's Bill of Complaint. IV. That your orator may have judgment against the respondents in the sum of dollars. May it please your Honor to grant under your orator a subpoena of the United States of America, directed to the said , and commanding them and each of them on a day certain to appear and answer unto this Bill of Complaint and to abide by and perform 468 FORMS IN BANKRUPTCY. such order and decree in the premises as the court shall deem proper and required by the practice in equity and good conscience. > Solicitor for complainant, Office and P. 0. Address, Street, City of (Verification.) NOTES. Conspiracy to defraud. Sufficiency of bill. Strasbui-er v. Bach (C. C. A. 7th Cir.), 19 Am. B. R. 732; 157 Fed. 918; 85 C. 0. A. 246; Ludvigh v. Am. Woolen Co. (D. C. N. Y.), 19 Am. B. R. 795; 1S9 Fed. 796. When action not maintainable. Friedman v. Myers (Cir. Ct. Ohio), 19 Am. B. R. 883. FORMS IN BANKKUPTGY. 469 FORM No. 298. ORDER DIRECTING ASSESSMENT FOR UNPAID STOCK SUBSCRIP- TIONS. At a Stated Term of the District Court of the United States for the District of , held at the Court House, City of , on the day of ,19... Present : Hon V,, , District Judge, In the Matteb OF bankrupt. Upon the annexed petition of , verified > 19. ., the adjudication in bankruptcy and all the proceedings had herein, and it appearing to my satisfaction that the assets in the hands of the said trustee are insuflficient to pay the debts of said bankrupt company, duly filed and allowed, and on motion of , attorney for the said trustee, it is Ordered, that an assessment be levied upon the subscribers to the capital stock of the Company the bankrupt herein, for the purpose of paying the debts of said bankrupt, as proved and allowed, to an amount equal to the unpaid amounts upon their said several stock subscriptions. And it is further ordered, that , the trustee in bankruptcy herein, be and he hereby is authorized and directed to collect the said assess- ment as herein ordered, and to make and issue a call upon the subscribers to the capital stock of the bankrupt herein, recjuiring thom to pay the amount remain- ing unpaid upon their several stock subscriptions to said trustee on or before ,19... And it is further ordered, that the said trustee keep an accurate account of said stock subscriptions so collected and upon the payment of the debts of said bankrupt, as proved and allowed, to return the residue, if any, pro rata to the persons entitled thereto. D. J. 470 FORMS IN BANKRUPTCY. NOTES. Action to recover unpaid Subscrptions to stock. Power of Court to order assessment. In re Miller Electrical Maintenance Co., 6 Am. B. R. 701; 111 Fed. 515. In re Crystal Spring Bottling Co., 3 Am. B. R. 194; 96 Fed. 945. In re Eureka Furniture Co. (D. C. Pa.), 22 Am. B. R. 395; 170 Fed. 485. Right of trustee to bring action. In re Remington Automobile and Motor Co. (D. C. N. Y.), 9 Am. B. R. 533; aflf'd, 18 Am. B. R. 389 ; 153 Fed. 345. Allen V. Grant, Trustee, 14 Am. B. R. 349. Thrall v. L'nion Maid Tobacco Co., 22 Am. B. R. 287. Skillin V. Magnus, 19 Am. B. R. 397; 162 Fed. 689. Petition for call. In re Remington Auto & Motor Co. (C. C. A. 2nd Cir.), 18 Am. B. R. 389; 153 Fed. 345: 82 C. C. A. 421, s c, 15 Am. B. R. 214. In re Munger Vehicle Tire Co., 21 Am. B. R. 395. Clevenger v. Moore, 12 Am. B. R. 738. In re A. Goodman Shoe Co., 3 Am. B. R. 200. See, Firestone Tire & Rubber Co., etc., v. Agnew (N. Y. Ct. of App.), 21 Am. B. R. 292; 194 N. Y. 165. Where corporation has no right to enforce, trustee has none. Sternbergh v. Duryea Power Co. (C. C. A. 3rd Cir.), 20 Am. B. R. 625; 161 Fed. 540; 88 C. C. A. 482. A trustee in bankruptcy cannot maintain an action under N. Y. Stock Corporation law against stockholders for a balance of the par value of stock issued as full paid for property purchased, but not so in fact. In re The Jassoy Company (C. C. A. 2nd Cir.), 23 Am. B. R. 622; 178 Fed. 515. Dist'g In re Remington Automobile Co., 18 Am. B. R. 389; 153 Fed. 345. When plenary proceedings are necessary, bankruptcy court may leave the question of amount due by stockholders to court in which suit is brought. Babbitt v. Read (C. C. N. Y.), 23 Am. B. R. 254. FORMS IN BANKRUPTCY. 471 FORM No. 299. BILL IN EQUITY IN CIRCUIT COURT TO RECOVER UNPAID STOCK SUBSCRIPTIONS (DIVERSE CITIZENSHIP). United States Circuit Court, for the District of In Equity. , as Trustee in Bankruptcy of , Company Plaintiffs against and Defendants. To the Honorable, the Judge of the Circuit Court of the United States, for the District of : , as trustee in bankruptcy of the estate of the Company, bankrupt, a citizen of the State of , and residing in the City of , State of , brings this his bill of complaint against , , , all citizens of the State of , and , a citizen of the State of , and thereupon your orator complains and says : First: That the Company, hereinafter mentioned, is a ^corporation organized and existing under and by virtue of the laws of the State of , and having heretofore had at the time of its adjudi- <;ation in bankruptcy, its principal place of business at the City of State of Second : Your orator further shows and alleges, that on the day of , 19 . . , a petition of creditors of said Company was duly filed in the United States District Court for the district of , praying that the said company be adjudicated a bankrupt, and such proceedings were thereafter had that on the day oP , 19 . . , the said Company was duly adjudicated a bankrupt, and the proceeding was referred to , Esq., one of the referees in bankruptcy of the United States District Court for district of That, thereafter at the first meet- ing of creditors duly held before the said referee on the day of > 19. •, your orator was appointed trustee in bankruptcy of the said 472 FORMS IN BANKRUPTCY. bankrupt and duly qualified, filed his bond in the penalty required and is still acting as such trustee. Third : Your orator further shows and alleges, that as such trustee he has collected and reduced to cash, all of the property, assets and effects of the said bankrupt, other than the unpaid stock subsciiptions, and that said moneys which have come into his hands as trustee and belong to the estate in bank- ruptcy, are insufficient to pay the expenses of administration and that no part of same are applicable for the payment of the debts of said bankrupt, or any dividend to creditors of said bankrupt, and that no dividend has heretofore been paid. Fourth: Your orator further shows and alleges, that there have been filed in the office of the referee in bankruptcy herein, during the year provided and allowed by the Bankruptcy Act, for the filing of claims, claims aggregating $ , which said claims have been proved and allowed, and that the time in which to file claims in said bankruptcy proceeding has now expired. Fifth: On information and belief, your orator further shows and alleges, that prior to the organization of the Company, the bank- rupt above named, there was a corporation organized and existing by and under the laws of the State of , known as the " Company," of which corporation all of the defendants herein, with other persons, were directors and stockholders. A re-organization of said Company having been deemed necessary, the defendants with other stock- holders of said company, consented to a plan of re-organization, which provided for the payment of the debts of the said company and that all interested financially be given stock in a new corporation all on the same basis, and in order to prevent losses which would result through a liquidation of said Company, and to save the costs and expenses incident thereto, that the directors thereof resign and agree to accept stock in the new company to be formed. That all of the defendants herein signed and executed in writing such re-organization agreement and thereafter resigned as directors of the Company as provided by said plan. That pursuant to such re-organization, on or about the day of , 19.., the defendants and each of them, executed and delivered to one , the promoter thereof, a written agreement, a copy of which is hereto annexed, marked Exhibit " A " and made a part of this bill. Sixth : That on information and belief, thereafter and on or about the day of , 19. ., pursuant to said agreement. Exhibit " A," the said Company, mentioned in said exhibit was duly organized and incorporated under the laws of the State of , with an authorized capital stock of dollars ($ ) consisting of dollars ($ ) per cent, ( . . %) cumulative preferred stock, and dollars ($ ) common stock ; that thereafter and prior to , 19. ., said stock subscription agreement (Exhibit " A ") was duly delivered to and accepted by FORMS IN BANKRUPTCY. 473 said Company and the stock allotted to the said several subscribers as provided by the terms of said agreement Exhibit " A." and the defendants were so notified. Seventh : On information and belief, your orator further alleges that in reliance upon said subscription agreement and the capital thereby provided and assured, the Company, the bankrupt herein, began active operations in the business of the manufacture and sale of and incurred debts and liabilities, which are still unpaid. Eighth: That, as your orator is informed and verily believes, the defend- ants, though frequently requested so to do, have failed and refused to pay to said corporation the amounts of their several stock subscriptions, except, as your orator is informed and verily believes, the defendant has paid thereon the sum of $ , the defendant the sum of $ , and have received stock therefor. That the time provided in said stock subscription agreement since notice of allotment and call has long since expired. That the amounts remaining unpaid upon subscriptions to the stock of the Company, bankrupt, are as follows : , defendant, $ Total $ Ninth : That, upon information and belief, the said Com- pany was at all the times aforesaid, ready, willing and able to deliver to each of the defendants upon payment therefor, the balance of said stock subscribed for, and so notified each of said defendants. Tenth: Your orator further alleges and shows, that upon the petition of your orator, duly verified, the United States District Court for the District of , made an order, dated the day of , 19. ., ordering and directing that an assessment be levied upon the subscribers to the capital stock of said bankrupt company for the purpose of paying the debts of said bankrui:)t, as proved and allowed in said bankruptcy proceeding to an amount equal to the unpaid amounts upon the several stock subscriptions and directing the trustee to make a call for same and requiring payment thereof on or before , 19. ., a copy of which order is hereto annexed, marked Exhibit " B." That pursuant to said order, your orator made and issued such call to each subscriber to the capital stock of said bank- rupt upon whose subscription there remained a balance unpaid, annexing there- with a copy of said order of , 19. ., above mentioned. That said call was duly so made upon each of the defendants herein. That all and each of said defendants have neglected and refused to obey said order and have paid no part of the assessment ordered and directed by said bankruptcy court, and the time to comply with said order has now expired. In consideration whereof, and forasmuch as your orator has no adequate re- 474 FORMS IN BANKRUPTCY. lief at law but only in a court of equity, where the amount of each defendant's liability can be fixed and determined and where matters of this and a similar nature are properly cognizable and relievable, Wherefore, that your orator may have that relief which he can only obtain in a court of equity and that the said defendants may answer in the premises, but not upon oath or affirmation, the benefit whereof is expressly waived by your orator, he nov»- prays this court : First: That it be ordered, adjudged and decreed that the defendants, and each of them, pay to the plaintiff such several amounts upon their unpaid subscriptions to the capital stock of the Company, bankrupt, sufficient in the aggregate to pay the debts of said company, amounting to $ , and the costs and expenses of this action. Second: That the plaintijBF have judgment against the defendants, and each of them, for such unpaid stock subscriptions or for such part thereof as may be sufficient to pay the said debts of the Company, bankrupt, and the costs and expenses of this action. Third : That your orator may have such further and other relief and decree in the premises as to the court may seem proper and required by the principles of equity and good conscience. And may it please your Honor to grant unto your orator a writ of subpoena of the United States of America, directed to the said defendants, , , , and , and such others as shall in the discretion of your Honor, appear necessary to the determination and hearing of this case, com- manding them on a day certain to appear and answer unto this bill of com- plaint and to abide and perform such order and decree in the premises as to the court shall seem proper and required by the principles of equity and good conscience. Solicitor and attorney for plaintiff, Office and Post office address, City of (Verification.) [Add exhibits.] FORMS IN BANKKUPTCY. 475 FORM No. 300. REPLICATION BY TRUSTEE IN EQUITY SUIT. District Court of the United States, District of In Equity. The complainant saving and reserving to himself any and all manner of advantage of exception which may be had and taken to the manifold errors, uncertainties and insufficiences of the answer of the respondent for replication thereto, saith that he doth and will aver, maintain and prove his said bill to be true, certain and sufficient in law to be answered unto by the said respondent and that the said answer of the said respondent is very uncer- tain, evasive and insufficient in law to be replied unto by this complainant : without that, that any other matter or thing in said answer contained material or effectual in the law to be replied unto and not herein and hereby well and sufficiently replied unto, confessed or avoided, traversed or denied is true, all which matters and things this complainant is ready to aver, maintain and prove as this Honorable Court shall direct and humbly prays as in and by his said bill he hath already prayed. » Solicitor for complainant, Office and P. 0. address, Street, City of TITLE XIV. APPEALS, PETITIOKS TO REVIEW, WRITS OF ERROR. FOBM No. 301. Notice of Appeal. 302. Petition for Appeal to Circuit Court of Appeals, from Order deny- ing a Discharge, and Order allowing Same. 303. Citation. 304. Assignment of Errors. 305. Bond on Appeal. 306. Notice of filing of Bond. 307. Stipulation as to Eecord. 308. Certification of Record by Clerk. 309. Appearance by Counsel. 310. Order amending Record on Appeal. 311. Order directing Printing. 312. Petition to restore Appeal to Calendar. 313. Notice of Motion thereon. 314. Order for Mandate. 315. Mandate. 316. Affidavit to make Mandate the Order of Lower Court. 317. Notice of Motion thereon. 318. Order on Mandate. 319. Petition to Review under Section 24 (b). 320. Notice of filing. 321 Notice of Motion for stay pending Review. 322. Petition for Appeal to U. S. Supreme Court. 323. Order allowing Appeal. 324. Petition for Writ of Error to U. S. Supreme Court and Order allowing same. 325. Writ of Error from Supreme Court. 326. Certificate of Question by Circuit Court of Appeals to Supreme Court. FORM No. 301. NOTICE OF APPEAL, United States District Court, for the District of In Bankruptcy. In the Matter OF y No. Bankrupt. Sir: Please ta^.o notice that ., bankrupt herein (or creditor of 470 FORMS IN BANKRUPTCY. 477 said bankrupt) hereby appeals from the order (or final decree) made herein on the day of , 19. ., denying (or granting) a discharge in bankruptcy to , to the Circuit Court of Appeals for the circuit to be holden in and for said circuit at the City of Dated , , , ,19..., Yours, etc., Attorney for bankrupt, {or creditor.) (Address.) To Esq., Attorney for , Esq., Clerk of the District Court, District of FORM No. 302. PETITION FOR APPEAL TO CIRCUIT COURT OF APPEALS FROM ORDER DENYING A DISCHARGE AND ORDER ALLOWING SAME. United States District Court, for the District of In Bankruptcy. In the Matter OP Bankrupt. > No. To the Honorable District Judge of the United States District Court for the District of : The above named bankrupt, conceiving himself aggrieved by the final order and decree entered on the .... day of , 19. ., in the above entitled prococdin Fed. 220. 482 FORMS IN BANKRUPTCY. Instituted by petition, assignment of errors and a citation to opposite party. Lockman v. Lang (C. C. A. 8th Cir.), 11 Am. B. R. 597; 128 Fed. 279; 62 C. C. A. 550; s. c, 12 Am. B. R. 497; 132 Fed. 1 ; 65 C. C. A. 621. No appeal allowed until an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged, shall have been filed is rule in Circuit Court of Appeals. Appeal may be allowed either by judge in lower court or of court of appeals. Motion to dismiss appeal. In re Alden Electric Co. (C. C. A. 7th Cir.), 10 Am. B. R. 370; 123 Fed. 415; 59 C. C. A. 509. Failure to incorporate any evidence in record, not ground for dismissal where it does not appear from the record that any evidence was taken. C. C. Taft Co. V. Century Saving Bank (C. C. A. 8th Cir.), 15 Am. B. R. 594; 141 Fed. 369; 72 C. C. A. 671. FORM No. 303. CITATION ON APPEAL. United States District Court, for the District of In Bankruptcy. In the Matteb OF JBankrupt. ITnited States of America, ss. V No. The President of the United States to , Greeting: You and each of you are hereby cited and admonished to appear in the United States Circuit Court of Appeals for the Circuit, in the City of , on the day of , 19 . . . pursuant to the appeal duly obtained and filed in the Clerk's Office of the District Court of the United States for the District of , wherein you as objecting creditors are appellees and , bankrupt, is the appellant, to show cause, if any there be, why the order and decree in FORMS IN BANKRUPTCY. 483 said appeal mentioned, should not be reversed and corrected, and why speedy justice should not be done to the parties in that behalf, and to do and receive that may appertain to justice to be done in the premises. Witness, the Honorable , United States Judge for the District of , on the .... day of , in the year of our Lord one thousand nine hundred and > J. NOTES. Citation. U. S. R. S. Sees. 998, 999. Jacobs V. George, 150 U. S. 415; 37 L. Ed. 1127. May be waived. Locknian v. Lang (C. C. A. 8th Cir.), 11 Am. B. R. 597; 128 Fed. 279. In re Hill Co. (C. C. A. 7th Cir.), 17 Am. B. R. 517; 148 Fed. 832; 78 C. C. A. 522. Defects in may be cured. Gray v. Grand Forks, etc., Mercantile Co. (C. C A. 8th Cir.), 14 Am. B. R. 780; 138 Fed. 344; 70 C. C. A. 634. Columbia Iron Works v. Nat. lead Co. (C. C. A. 6th Cir.), 11 Am. B. R. 340; 127 Fed. 99; 62 C. C. A. 99. 484 FORMS IN BANKRUPTCY. FORM No. 304. ASSIGNMENT OF ERRORS. United States District Court, for the District of In Bankruptcy. In the Matteb OF Bankrupt. r No. Now comes , bankrupt and complainant, and files the following assignment of errors: First. That the United States District Court for the Dis- trict of erred in finding that the bankrupt failed to apply timely for a discharge in the earlier involuntary proceeding instituted against him. Second. That the Court erred in finding that such alleged failure to apply for a discharge in the earlier proceeding rendered the question of the right of the bankrupt to a discharge herein from his debts then scheduled, res adjudicata. Third. That the Court erred in denying a discharge herein to the said bankrupt. Fourtli. That the Court erred in failing to find that the bankrupt should be granted a discharge from his debts unless and except he has committed an offense or performed one of the acts specified and set forth in Section 14 of the United States Bankruptcy Act, and the amendments thereto, and that the Court is not authorized to extend the provisions of that section and refuse a discharge upon any other grounds than those therein set forth. Solicitor for hanJcrupt. NOTES. Assignment of errors. Not jurisdictional, Lockman v. Lang et al {infra). On appeal should be specific; but amendment may be permitted. Flickenper v. First Nat. Bank of Vandalia (C. C. A. 6th Cir.), 16 Am. B. E. 678; 14.5 Fed. 162; 76 C. C. A. 132. FORMS IN BANKRUPTCY. 485 Filing considered. Lockman v. Lang et al., 12 Am. B. R. 497 ; 132 Fed. 1 ; 62 C. C. A. 550. And, also, s. c, 11 Am. B. R. 597; 128 Fed. 279. Errors not specifically assigned, need not be considered by appellate court. Boonville, etc., v. Blakey, 6 Am. B. R. 13; 107 Fed. 891; 47 C. C. A. 43; In re Gutterson, 14 Am. B. R. 495; 136 Fed. 698. Under some circumstances an assignment of errors is amendable. Flickinger v. First Nat. Bank (supra). Long V. Farmers' State Bank (C. C. A. 8th Cir.), 17 Am. B. R. 103; 147 Fed. 360; 77 C. C. A. 538. FORM No. 305. BOND ON APPEAL. District Court of the United States, District of In Bankruptcy. In the Matter OP bankrupt. y No. Know all men by these presents: That we, as principal, and , as surety are held and firmly bound unto the above named , of , in the sum of for the payment of which well and truly to be made we bind ourselves, our administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 19... Whereas, an order was entered in the above entitled proceeding in the Dis- trict Court of the United States, District of , on the day of , allowing an appeal to and a revision of the above entitled proceeding by the United States Circuit Court of Appeals for the Circuit from said order and decree and ordering that a bond for costs on appeal and revision be fixed in the sum of 486 FORMS IN BANKRUPTCY. Now, therefore, the condition of this obligation is such that if the above named shall prosecute his appeal, or petition for revision to effect, and answer all damages and costs if he fails to make said appeal, or petition for revision good, then this obligation shall be void, other- wise the same shall be and remain in full force and virtue. Signed, Sealed and Delivered in the presence of L. S. "By '.., Manager. Attest : , A ttorney-in-Fact. NOTES. Bond on appeal. Bond must, on perfection of appeal, be filed and approved. Williams Bros. v. Savage (C. C. A. 4th Cir.), 9 Am. B. R. 720; 120 Fed. 497; 56 C. C. A. 647. Dodge V. Knowles, 114 U. S. 430; 29 L. Ed. 144. Lockman v. Lang et al., 12 Am. B. R. 497; 132 Fed. 1 ; 62 C. C. A. 550; In re Barton's Estate, 16 Am. B. R. 569; 144 Fed. 540. Trustee need not file (Sec. 25, c). When appeal is allowed within time limit, it will not be dismissed because of a few days' dehiy in filing the bond. Columbia Iron Works v. Nat. Lead Co. (C. C. A. 6th Cir.), 11 Am. B. R. 340; 127 Fed. 99; 62 C. C. A. 99; In re T. E. Hill Co., 17 Am. B. R. 517; 148 Fed. 832; 78 C. C. A. 522. Bond on appeal from order of adjudication held suflScient, although it does not run to all the petitioning creditors. Flickinger v. First Nat. Bank (C. C. A. 6th Cir), 16 Am. B. R. 678; 145 Fed. 162; 76 C. C. A. 132. Without a supersedeas, appeal does not suspend the execution of an order nor stop its enforcement. In re Brady, 21 Am. B. R. 364. FORMS IN BANKRUPTCY. 487 FORM No. 306. NOTICE OF FILING OF BOND ON APPEAL. TJnited States District Court, for the District of In Bankruptcy. In thb Matter OF Bankrupt V No.... Sirs: Please take notice that the bond for the appeal herein has been this day filed in the office of the clerk of the District Court of the United States, for the district of and executed and given by of and of Yours, etc., Attorney for To (Address.) Attorney for ., Esq., 488 FORMS IN BANKRUPTCY. FORM No. 307. STIPULATION AS TO RECORD ON APPEAL. United States Circuit Court of Appeals, Circuit. In the Mattek OF Bankrupt. Whereas in the above entitled proceeding the bankrupt, , did on the .... day of , 19 ■ ., duly file in the District Court of the United States for the District of , a petition for appeal, a cita- tion and assignment of errors, which said appeal was allowed by order of the District Court upon said day (and the time to certify the record having been duly extended.) Now, therefore, it is hereby stipulated that the record to be certified to this Court by the Clerk of the United States District Court for the District of , on said appeal, shall consist of the following: 1. Order of adjudication and Keference. • 2. Petition for discharge and order thereon. .3. Referee's Certificate thereon. 4. Notice of objection to discharge. 5. Opinion denying discharge. 6. Petition for appeal. 7. Citation. 8. Assignment of errors. 9. It is agreed and stipulated as follows : Dated, , , 19. .. > Attorney for Bankrupt- Appellant. 7 Attorneys for Creditors-Respondents. FORMS IN BANKRUPTCY. 489 FORM No. 308. CERTIFICATION OF RECORD ON APPEAL. United States of America, District of In the Mattek OF Bankrupt. I, , Clerk of the District Court of the United States of America for the District of , do hereby certify that the foregoing is a correct transcript of so much of the record of the District Court in the above entitled matter as is by stipulation hereto annexed. In testimony whereof, I have caused the seal of the said court to be here- unto affixed, at the City of , in the District of , this .... day of , in the year of our Lord one thousand nine hundred and , and of the Independence of the said United States the one hundred and [Seal.] Cleric. NOTES. Record on appeal consists of all papers in the case as certified by clerk. Certification of record. See, Rule No. 14, Circuit Court of Appeals. In re Robertshaw Mfg. Co., 14 Am. B. R. 341; 135 Fed. 220; Cook Inlet Coal Fields Co. v. Caldwell (C. C. A. 4th Cir.), 17 Am. B. R. 135; 147 Fed. 475; 78 C. C. A. 17. Devries v. Shanahan (C. C. A. 4th Cir.), 10 Am. B. R. 518; 122 Fed. 629; 58 C. C. A. 482. Certification must be by clerk of District Court. Cook Inlet Coal Fields Co. v. Caldwell ^supra). Record may be reduced by stipulation. In re Robertshaw Mfg. Co. {suipra) . 490 FORMS IN BANKRUPTCY. Cunningham v. German Ins. Bank (C. C. A. 6th Cir.), 4 Am. B. R. 192; 103 Fed. 932; 43 C. C. A. 377. Record should show when appeal was perfected. Williams Bros. v. Savage (C. C. A. 4th Cir.), 9 Am. B. R. 720; 120 Fed. 497; 56 C. C. A. 647. When record is incomplete it may be stricken out, but remedy is by certiorari. Flickinger v. First Nat. Bank, 16 Am. B. R. 678; 145 Fed. 162; 76 C. C. A. 132. Enlargement of time to file transcript. In re Alden Electric Co. (C. C. A. 7th Cir.), 10 Am. B. R. 370; 123 Fed. 415; 59 C. C. A. 509. FORM No. 309. APPEARANCE OF COUNSEL. United States Circuit Court of Appeals, for the Circuit. VS. > No ....Term. 19. The Clerk will enter my appearance as Counsel for the [This must be signed by a member of the Bar of this Court. Individual, and not firm names, must be signed.] FORMS IN BANKRUPTCY. 491 FORM No. 310. ORDER AMENDING RECORD ON APPEAI.. At a Stated Term of the United States District Court for the District of , held at the United States Court House, in the City of , on the day of ,19-- Present — Hon , District Judge. In the Matter OF bankrupt. No. A motion having been made in the above-entitled proceeding for an order amending nunc pro tunc the record on appeal herein, to the Circuit Court of Appeals of the United States for the Circuit, upon due notice to the creditors-respondents upon said appeal, and said motion having come on to be heard and no one appearing in opposition thereto. Now, upon reading and filing the petition of , verified , 19. ,, and it appearing from said petition that certain papers on file in this court in the matter entitled " , No ," were omitted from said record by inadvertence or mistake, Now, upon motion of , attorney for said bankrupt-appellant, it is Ordered, that the record on appeal herein io the Circuit Court of Appeals for the Circuit, as certified by the clerk of this court, , be and hereby is amended nunc pro tunc by adding to said record the referee's notice of first meeting of creditors in the proceeding of , No , dated , , 19. ,, on file in this court in said pro- ceeding, and the bankrupt's petition for discharge in said proceeding, dismissed , 19. ., with the memorandum of the clerk of this court endorsed thereon, and it is further Ordered, that the clerk of this court certify said papers to the United States Circuit Court of Appeals for the Circuit as a part of the record on appeal herein. D. J. 492 FORMS IN BANKRUPTCY. FORM No. 311. ORDER AMENDING PRINTED RECORD AND DIRECTING PRINTING AS A PART OF ORIGINAL RECORD. At a Stated Term of the TTnited States Circuit Court of Appeals, held in and for the Circuit, at the United States Court House in the City of , on the day of . . . ,19... Present — Hon , P. J. Hon ,J. Hon , J. In the Matter OF Bankrupt Appellant. Upon the annexed consents of the parties hereto and upon motion of .... , attorney for the appellant, it is Ordered, that the supplemental return filed herein , 19. ., under order of the United States District Court for the District of , dated , 19 . . , be printed as a part of the original record herein. We hereby consent to the entry of the above order, J Attorneys for Creditors-Respondents. • • J Attorney for Bankrupt- Appellant. FORMS IN BANKRUPTCY. 493 FORM No. 312. PETITION TO RESTORE APPEAL TO CALENDAR. United States Circuit Court of Appeals, for the : . Circuit. In the Matter OF Banhriq->t Appellant, V No. To the Honorable Judges of the United States Circuit Court of Appeals, for the Circuit : The petition of respectfully alleges and shows : That he is an attorney-at-law, practicing in this court and is attorney for the appellant in this proceeding, and is personally acquainted with all the facts in connection therewith. That on the day of . . . ., 19. ., the bankrupt in this proceeding feeling himself aggrieved by a final order and decree, entered in the District Court for the District of on the .... day of , 19. ., denying him a discharge from his debts in bankruptcy, appealed to this court and on said day the appeal was duly allowed. That this case was pre- viously upon the calendar of this court, but was dismissed with leave to restore upon the printing of the record herein. That the record is now on file in this court. No previous application has been made for the order herein prayed for. WTierefore, your petitioner prays for an order directing the Clerk of this Court to add the appeal herein to the present calendar of this court. Fetiixoner. (Verification.) 494 FORMS IN BANKRUPTCY. FORM No. 313. NOTICE OF MOTION TO RESTORE APPEAL TO CALENDAB. United States Circuit Court of Appeals, for the Circuit. In the Matter OF Bankrupt Appellant. Please take notice that upon the annexed petition of , verified the day of > 19- •, and upon the printed record herein^ the undersigned will move this court at a Term thereof to be held at the Court Koom thereof in the Federal Building, in the City of , on the .... day of , 19 . ., at o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order adding the appeal in the above entitled proceeding to the present calendar of this court, and for such other and further relief as to the Court may seem just and proper. Dated, , ,19... Yours, etc., • i Attorney for Appellant. Office and Post Office Address, No Street, City of To Messrs , Attorneys for respondents. FORMS IN BANKRUPTCY. 495 FORM No. 314. ORDER FOR MANDATE. At a Stated Term of the United States Circuit Court of Appeals, in and for the Circuit, held at the Court Rooms in the Building in the City of , on the .... .... day of , one thousand nine hundred and Present : Hon , Hon , Hon , Hon , Circuit Judges. , the Court of the United States for the District of , This cause came on to be heard on the transcript of record from the Court of the United States, for the District of , and was argued by counsel. On consideration whereof, it is now hereby ordered, adjudged and decreed that the of said Court be and it hereby is It is further ordered that a mandate issue to the said Court in accordance with this decree. 496 FORMS IN BANKRUPTCY. FORM No. 315. MANDATE. United States of America, ss: The President of the United States of America, To the Honorable, the Judge of the Court of the United States for the District of Greeting : Whereas, lately in the Court of the United States for the District of , before you, or some of you, in a cause between as by the inspection of the transcript of the record of the said Court which was brought into the United States Circuit Court of Appeals for the .... Circuit, by virtue of agreeably to the Act of Congress, in such case made and provided, fully and at large appears. And whereas, in the present term of , in the year of our Lord one thousand nine hundred and , the said cause came on to be heard before the said United States Circuit Court of Appeals for the Circuit, on the said transcript of record, and was argued by counsel : On consideration whereof, it is hereby Ordered, Adjudged and Decreed, You, therefore, are hereby commanded that such proceedings be had in said cause, , as according to right and justice, and the laws of the United States, ought to be had, the said notwithstanding. Witness, the Honorable , Chief Justice of the United States, the .... day of , in the year of our Lord one thousand nine hundred and Cost of Clerk $ Printing Record .... $ Attorney $ Clerk of the United States Circuit Court of Appeals. . for the Circuit. FORMS IN BANKRUPTCY. 497 FORM No. 316. AFFIDAVIT TO MAKE MANDATE ORDER OF COURT BELOW. United States District Court, District of In the Matter OF Bankrupt. In the Matter OF The Claim of Apellant State of . . County of ss. , being duly sworn deposes and says: that he is one of the attorneys for in the above entitled matter. Tliat an order was entered in this court on the .... day of , 19 . ., by , referee, allowing the claim of , as a general claim against this estate for $ That said appealed to this court and filed his assignment of errors on the .... day of , 19. .. That the said appeal came on for hearing before the United States Circuit Court of Appeals for the Circuit in .... , 19 . . , and after hearing for the respondent and for the appellant herein, said court rendered its decision in writing and made the mandate which is hereto annexed, affirming the order of the court below. That there were taxed as costs in this matter $ , and that the necessary disbursements were: $ for said mandate, $ for a copy of decision and $ for printing of brief, amounting to $ Therefore, deponent prays for an order making the mandate of the said 498 FORMS IN BANKRUPTCY. Circuit Court of Appeals the judgment of this court, and for the necessary costs and disbursements herein. Sworn to before me this .... day of , 19. .. > FORM No. 317. NOTICE OF MOTION THEKEON. United States District Court, District of . . In the Matter OF JBankrupt. In the Matter OF The Claim of Apellant Please take notice, that upon the affidavit of , duly verified, and the original mandate hereto annexed, the undersigned will move this court at the Court House, in the City of , on the .... day of , 19. ., at o'clock in the noon of that day or as soon thereafter as counsel can be heard for an order making the man- date of the Circuit Court of Appeals for the Circuit in the above entitled matter, the judgment of this court and that ." herein have judgment for $ against said , f or the costs and disbursements of this proceeding. Dated, , ,19... Yours, etc., Attorney for (Address.) To Attorney for FORMS IN BANKKUPTCY. 499 FORM No. 318. ORDER ON MANDATE. At a Stated Term of the District Court of the United States, for the District of , held at the United States Court- House, in the City of , on the .... day of , 19. .. Present : Hon. . District Judge. In the Matter OP bankrupt. > No. An appeal has been heretofore taken to the Circuit Court of Appeals for the Circuit, by , a creditor herein from an order made in the District Court of the United States for the District of , on the .... day of , 19. ., allowing the claim of said creditor as a general claim for dollars ($ ) and the said appeal having been duly heard by said court and said court having made its mandate affirming in all respects the order appealed from ; and a motion having been duly made to make the mandate of said Circuit Court of Appeals the order of this court, and after reading and filing the affidavit of , verified the .... day of , 19 . . , and the notice of motion dated the same day, and also the mandate of said Circuit Court of Appeals dated . . . '. , 19. ., and proof of due service, and no one appearing in opposition thereto. Now, on motion of , attorney for , it is hereby • • • . Ordered, that the mandate of the Circuit Court of Appeals for the Circuit, dated , 19. ., be and the same hereby is made the order of this court; and it is hereby Further ordered, that the order made and entered on the .... day of .... , 19 . ., is hereby in all respects affirmed. And it is hereby Further ordered and adjudged, that the have judgment 500 FORMS IN BANKRUPTCY. against said for the sum of dollars costs, and that he have execution therefor. D. J. FORM No. 319. PETITION TO REVIEW UNDER SEC. 24.b. United States Circuit Court of Appeals, for the Circuit of In the Matter OP >■ Petition to review in Bankruptcy. JBanJcrupt. To the Honorable Judges of the United States Circuit Court of Appeals, for the Circuit. Your petitioner, , is a citizen of the United States and resides (or has his principal place of business) in the City of , State of , and claims to be entitled to certain chattels now in the possession of the trustee of the above named bankrupt. That on the day of , 19. ., the said was duly adjudged a bankrupt by the District Court of the United States for the District of , and thereafter was duly appointed trustee in bankruptcy and duly qualified, and is still acting as such trustee. That heretofore your petitioner duly demanded of the said trustee the return to him of the aforesaid chattels, consisting of certain of the value of about $ , as delivered to said bankrupt under a conditional bill of sale and that the title to said property has always been and still is in your petitioner, and that thereafter an application was made before , Esq., one of the referees in bankruptcy in the District Court of the United States, for the District of , to compel the return of the said chattels to your petitioner, which application was denied by an order entered the .... day of , 19. ., and dismissing said reclamation proceedings together with $ costs. A certificate of review was thereafter duly granted to the said District Court for the district of , by the said referee, upon the denial of the said FORMS IN BANKRUPTCY. 501 application, and that on or about the .... day of , 19. ., an order was duly entered by the said District Court, in all respects affirming and approving the order of the said , referee. A copy of said order of the District Court is hereto annexed. That said order was and is erroneous as a matter of law in that: I. Your petitioner was entitled to the return of the said chattels. II. That the Statutes of the State of , upon which the trustee relied to defeat the claim of your petitioner, had no application to the facts upon which your petitioner based his claim. III. That the trustee of the bankrupt had no greater rights as against your petitioner than the bankrupt himself. Wherefore your petitioner feeling aggrieved because of said order, asks that the same may be revised in matter of law, by this Honorable Court, as pro- vided in Section 24-b of the Bankruptcy Act and tlie rules of practice in such case provided, and that same be reversed, and for such other and further relief as may be just and proper. Dated, , ,19... Petitioner. (Verification.) NOTES. RevieTAT under sec. 24-b. "What reviev^^able. Any order, judgment or judicial action in a bankruptcy proceeding, except such as are appealable under sec. 2.5a. Petition to revise brings up questions of law only. Elliott V. Toeppner, 9 Am. B. R. 50; 187 U. S. 327; 47 L. Ed. 200; In re Blanchard Shingle Co. (Gaudette v. Graham) (C. C. A. 9th Cir.), 21 Am. B. E. 142; 164 Fed. 311 ; 90 C. C. A. 243; Ross et al. v. Stroh (C. C. A. 3rd Cir.), 21 Am. B. R. 644; 165 Fed. 628 ; 91 C. C. A. 616. An order sustaining objections to a trustee's account, reviewable only upon petition to review under soc. 24b. in re Moore and Bridgeman (C. C. A. .5th Cir.). 21 Am. B. R. 651 ; 166 Fed. 689; 92 C. C. A. 285. Controversies between a trustee and a third party, in respect to property arising in an independent suit, are not reviewable under sec. 24-b. The remedy is by appeal. In re Rusch (C. C. A. 7th Cir.), 8 Am. B. R. 518; 116 Fed. 270; 53 C. C. A. 631; In re Jacobs (C. C. A. 8th Cir.). 3 Am. B. R. 671: 99 Fed. 539; 39 C. C. A. 647; In re Mertens (C. C. A. 2nd Cir.), 15 Am. B. R. 701; 142 Fed. 445; affirmed (U. S. Sup.), 205 U. S. 202; 51 L. Ed. 771. In re Antigo Screen Door Co. (C. C. A. 7th Cir.), 10 Am. B. R. 359; 123 Fed. 249; 59 C. C. A. 248; First Nat. Bank v. Chicago Title & Trust Co. (U. S. Sup.), 14 Am. B. R. 102; 198 U. S. 280; 49 L. Ed. 1051. In re Mueller (C. C. A. 6th Cir.), 14 Am. B. R. 256; 135 Fed. 711; 68 C. C. A. 349; Holden v. Stratton (U. S. Sup.), 10 Am. B. R. 786: 191 U. S. 115; 48 L. Ed. 116; Hutchinson v. Otis, 10 Am. B. R. 135; 190 U. S. 552; 47 L. Ed. 1179. Contra. In re McMahon (C. C. A. 6th Cir.), 17 Am. B. R. 530; 147 Fed. 684; 77 C. C. A. 502 FORMS IN BANKRUPTCY. 668; O'Dell v. Boyden (C. C. A. 6th Cir.), 1" Am. B. R. 751; 150 Fed. 731; 80 C. C. A. 397. Appeals as in equity cases taken under sec. 24a, are not exclusive of the right to review^ under sec. 24b. Either right may be invoked in proper case. Dodge V. Xorlin (C. C. A. 8th Cir.), 13 Am. B. R. 176; 133 Fed. 363; 66 C. C A. 425: In'^e Holmes (C. C. A. 8th Cir.), 15 Am. B. R. 689; 142 Fed. 391; 73 C. C. A. 491. In re McKenzie (C. C A. 8th Cir.), 15 Am. B. R. 679; 142 Fed. 383; 73 C. C. A. 486; Taft Co. v. Century Savings Bank (C. C. A. 8th Cir.), 15 Am. B. R. 594; 141 Fed. 369; 72 C C. A. 671; In re Plymouth Cordage Co. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 135 Fed. 1000; 68 C C. A. 4.34. Questions of la'w only considered. In re Carley (C. C. A. 3rd Cir.), 8 Am. B. R. 720; 117 Fed. 130; 55 C. C. A. 146; In re Lesser (C. C. A. 2nd Cir.), 3 Am. B. R. 758; 99 Fed. 913; 40 C. C. A. 177. Mulford V. Fourth St. Nat. Bank (C. C. A. 3rd Cir.), 19 Am. B. R. 742; 157 Fed. 897; 85 C. C A. 225; In re Rosser (C. C. A. 8th Cir.), 4 Am. B. R. 153; 101 Fed. 562; 41 C. C. A. 497. In re Blanchard Shingle Co. (C. C. A. 9th Cir.), (stipra) ; In re Graessler (C. C. A. 9th Cir.), 18 Am. B. R. 694; 154 Fed. 478: 83 C. C. A. 304. Kenova Loan & Trust Co. v. Graham (C. C A. 4th Cir.*), 14 Am. B. R. 313; 135 Fed. 717; In re Eggert (C. C. A. 7th Cir.), 4 Am. B. R. 449; 102 Fed. 735; 43 C. C. A. 1. Dickas v. Barnes (C. C. A. 6th Cir.), 15 Am. B. R. 566; 140 Fed. 849; 72 C. C. A. Samel v. Dodd (C. C. A. 5th Cir.), 16 Am. B. R. 163; 142 Fed. 68; 73 C. C. A. 254. Hutchinson v. LeRoy (C. C. A. 1st Cir.), 8 Am. B. R. 20: 113 Fed. 202; 51 C. C. A. 159. Ryan v. Hendricks (C. C. A. 7th Cir.), 21 Am. B. R. 570; 166 Fed. 94; 92 C. C. A. 78. Lesaius v. Goodman, 21 Am. B. R. 446 ; 165 Fed. 889 ; 91 C. C. A. 567. Mueller v. Nugent (U. S. Sup.), 7 Am. B. R. 224; 184 U. S. 1 ; 46 L. Ed. 405. It has been held in proper cases an appeal may be treated as a petition to revise, when only questions of law are presented. In re Whitener (C. C. A. 5th Cir.), 5 Am. B. R. 198; 108 Fed. 180; 44 C. C. A. 434; In re Blanchard Shingle Co. (supra) ; Chesapeake Shoe Co. v. Seldner (C. C. A. 4th Cir.), 10 Am. B. R. 466; 122 Fed. 593; 58 C. C. A. 261. In re Blair (C. C. A. 8th Cir.), 5 Am. B. R. 793; 106 Fed. 662; 45 C. C. A. 5-30; In re Jacobs (C. C. A. 8th Cir.), 3 Am. B. R. 671; 99 Fed. 539; 39 C. C. A. 647. When questions of both fact and law are involved, an appeal may not be so treated. Steiner v. Marshall (C. C. A. 4th Cir.), 15 Am. B. R. 486: 140 Fed. 710: 72 C. C. A. 103. "Where appeal may te brought under sec. 25-a,a review under sec. 24-b not available. Union Nat. Bank v. Neill (C. C. A. 5th Cir.), 17 Am. B. R. 853; 149 Fed. 720; 79 C. C. A. 417; O'Dell v. Boyden (C. C A. 6th Cir.), 17 Am. B. R. 751 ; 150 Fed. 731; 80 C. C. A. 397; Mason v. Wolkowich (C. C. A. 1st Cir.), 17 Am. B. R. 709; 150 Fed. 699; 80 C. C A. 4.35; In re McMahon (C. C. A. 6th Cir.), 17 Am. B. R. 530; 147 Fed. 684; 77 C. C. A. 668; Davidson & Co. v. Friedman (C. C. A. 6th Cir.), 15 Am. B. R. 489; 140 Fed. 853; 72 C. C. A. 553. In re Mueller (C. C. A. 6th Cir.), 14 Am. B. R. 256; 135 Fed. 711; 68 C. C. A. 349; In re Kuffler (C. C. A. 2nd Cir.), 11 Am. B. R. 460; 127 Fed. 125: 61 C. C. A. 259. FORMS IN BANKRUPTCY. 503 In re Good (C. C. A. 8th Cir.), 3 Am. B. R. 605; 99 Fed. 389; 39 C. C. A. 581; First Nat. Bank of Miles City v. State Nat. Bank (C. C. A. 9th Cir.), 12 Am. B. R. 440; 131 Fed. 430. Brady v. Bernard & Kittinger (C. C. A. 6th Cir.), 22 Am. B. R. 342; 170 Fed. 576. See, Stevens et al. v. Nave-McCord Mercantile Co. et al. (C. C. A. 8th Cir.), 17 Am. B. R. 609; 1.50 Fed. 71 ; 80 C. C. A. 25. "What Review^able. A summary proceedinf:^ aj^ainst one in possession of assets alleged to belong to bankruptcy estate, is a proceeding in bankruptcy, and the jurisdiction of C. C. A. is confined to revision of the decree (U. S. Sup.). First Nat. Bank of Chicago v. Chicago Title & Trust Co., 14 Am. B. R. 102; 198 U. S. 280; 49 L. Ed. 1051. Schweer v. Brown (U. S. Sup.), 12 Am. B. R. 673; 195 U. S. 171; 49 L. Ed. 144; In re Hecox (C. C. A. 8th Cir.), 21 Am. B. R. 314. See, Morgan v. First Nat. Bank (C. C. A. 4th Cir.), 16 Am. B. R. 6-39; 145 Fed. 466; 76 C. C. A. 2,36. Moore v. Green (C. C. A. 4th Cir.), 16 Am. B. R. 648; 145 Fed. 480; 76 C. C. A. 250; In re McMahon (C. C. A. 6th Cir.), 17 Am. B. R. 530; 147 Fed. 684; 77 C. C A. 668. As to dower right. In re McKenzie (C. C. A. 8th Cir.), 15 Am. B. R. 679; 142 Fed. 383; 73 C. C. A. 483. A referee's allowance or disallowance of a claim for attorney's fees in contesting claims of others, is reviewable under sec. 24-b. Ohio Valley Bank v. Switzer (C. C. A. 6th Cir.), 18 Am. B. R. 689; 153 Fed. 362; 82 C. C. A. 438. Claims to exemption reviewable by petition under 24-b. In re Youngstrom (C. C. A. 8th Cir.), 18 Am. B. R. 572; 153 Fed, 98; 82 C. C. A. 232. Ingram v. Wilson (C. C. A. 8th Cir.), 11 Am. B. R. 192; 125 Fed. 913; 60 C. C. A. 618. Duncan v. Fergvison-McKinney Co. (C. C. A. 5th Cir.), 18 Am. B. R. 155; 150 Fed. 269; 80 C. C A. 157. Order for distribution of proceeds of sale of real estate, reviewable under sec. 24-b. In re Groetzinger & Son, 11 Am. B. R. 467 ; 127 Fed. 124; 62 C. C. A. 124. Order denying right of partnership creditors to participate in assets of an indi- vidual partner reviewable by petition. Euclid Nat. Bank v. Union Trust Co. (C. C. A. 4th Cir.), 17 Am. B. R. 834; 149 Fed. 975; 79 C. C. A. 485. Order sustaining demurrer to petition. In re Ives (C. C. A. 6th Cir.), 7 Am. B. R. 692; 113 Fed. 911; 51 C. C. A. 541. Order vacating an adjudication. Brady v. Bernard & Kittinger (C. C. A. 6th Cir.), 22 Am. B. R. 342; 170 Fed. 576. When order was discretionary, not usually granted except for gross abuse of dis- cretion, or when a substantial legal right has been invaded. Mulford V. 4th St. Nat. Bank (C. C. A. 3rd Cir.), 19 Am. B. R. 742; 157 Fed. 897 ; 85 C. C. A. 225. In re Lessor (C. C. A. 2nd Cir.) (supra). In re Carley (C. C. A. 3rd Cir.) (supra). Not usually granted where the rights of the petitioning party were not affected by the order comjjlained of. In re Madden (C. C. A. 2nd dr.), 6 Am. B. R. 614: 110 Fed. 348; 49 C. C. A. 83; Fisher v. Cushman (C. C. A. 1st Cir.), 4 Am. 1'.. R. 646: 103 Fed. 860; 43 C. C. A. 504 FORMS IN BANKRUPTCY. 381; In re Rosser (C. C. A. 8th Cir.), 4 Am. B. R. 153; 101 Fed. 562; 41 C. C. A. 497. Petition should be addressed to the judges of appellate court, and after allowance filed with clerk of said court. What petition should show. In re Richards (C. C. A. 7th Cir.), 3 Am. B. R. 145; 96 Fed. 935; 37 C. C. A. 634. In re Baker (C. C. A. 4th Cir.), 4 Am. B. R. 778; 104 Fed. 287; 43 C. C. A. 536. Steiner v. Marshall, 15 Am. B. R. 486; 140 Fed. 710; In re O'Connell, 14 Am. B. R. 237; 137 Fed. 838; In re Pettingill & Co., 14 Am. B. R. 757; 137 Fed. 840. Petition should set forth the questions of law, clearly and specifically, by which petitioner considers himself aggrieved by decision of lower court, and set forth the facts upon which such order was made. In re Taft (C. C. A. 6th Cir.), 13 Am. B. R. 417; 133 Fed. 511; 66 C. C. A. 385. Steiner v. Marshall (C. C. A. 4th Cir.), 15 Am. B. R. 486; 140 Fed. 710; 72 C. C. A. 103. In re Pettingill & Co. (supra). Devries v. Shanahan (C. C. A. 4th Cir.), 10 Am. B. R. 518; 122 Fed. 629; 58 C. C. A. 482. Practice. See, Rule 36, Circuit Court of Appeals, 1st Cir. Rule 36, 4th circuit. Petitions for review are taken in the Circuit Court of Appeals and petition filed there. Clerk of lower court prepares record at expense of petitioner and certifies to Circuit Court of Appeals, such filed papers as may be selected. In re Williams (C. C. A. 1st Cir.), 5 Am. B. R. 365; 105 Fed. 906; 45 C. C. A. 115. Courier Journal Job Print Co. v. Brew. Co. (C. C. A. 6th Cir.), 4 Am. B. R. 183; 101 Fed. 699; 41 C. C. A. 614. Party aggrieved may file petition. In re Jemison Mercantile Co. (C. C. A. 5th Cir.), 7 Am. B. R. 588; 112 Fed. 966; 50 C. C. A. 641. No answer or reply need be filed by respondent. If finding of fact is not set forth clearly, court may dismiss the petition. In re Boston Dry Goods Co. (C. C. A. 1st Cir.), 11 Am. B. R. 97; 125 Fed. 226; 60 C. C. A. 118. Rush V. Lake (C. C. A. 9th Cir.), 10 Am. B. R. 455; 122 Fed. 561; 58 C. C. A. 447; rev'g 111 Fed. 893. The certified record should show the manner in which the question arose and its determination. In re Richards (C. C. 7th Cir.), 3 Am. B. R. 145; 96 Fed. 035; 37 C. C. A. 634; In re Baker (C. C. A. 1st Cir.), 4 Am. B. R. 778; 104 Fed. 287; 43 C. C. A. 536; In re O'Connell (supra). Cunningham v. German Ins. Bank, 4 Am. B. R. 192; 103 Fed. 932; 43 C. C. A. 377. Opinion of District Judge reviewing order of referee and not specifically made a part of record, not a substitute for findings of fact. Samel v. Dodd (C. C. A. 5th Cir.), 16 Am. B. R. 163; 142 Fed. 68; 73 C. C. A. 254. In re Pettingill & Co. (supra). Time -within -which petition should be filed. Not liTiiilcd l)v Act or General Orders. FORMS IN BANKRUPTCY. 505 In absence of rule by Circuit Court of appeals, within a reasonable time. In re Good, 3 Am. B. R. 605; 98 Fed. 389; 39 C. C. A. 581. In re N. Y. Economical Printing Co. (C. C. A. 2nd Cir.), 5 Am. B. R. 697; 106 Fed. 839; 49 C. C. A. 133. In re Worcester County, 4 Am. B. R. 496 ; 102 Fed. 808 ; 42 C. C. A. 637 ; Kenova Loan & Trust Co. v. Graham, 14 Am. B. R. 313: 135 Fed. 717, Now usually limited by Rule of Appellate Court. Excuses for delay. In re Groetzinger (C. C. A. 3rd Cir.), 11 Am. B. R. 467; 127 Fed. 124; 62 C. C. A. 124; Meyer Drug Co. v. Pipkin Drug Co. (C. C A. 5th Cir.), 14 Am. B. R. 477; 136 Fed. 396; 69 C. C. A. 240. Decision of Circuit Court of Appeals on such review not appealable, but can be transferred to Supreme Court on certiorari. In re Baker, 4 Am. B. R. 778; 104 Fed. 287; 43 C. C. A. 536. Conro V. Crane, 94 U. S. 441. Holden v. Stratton (U. S. Sup.), 10 Am. B. R. 786; 191 U. S. 115; 48 L. Ed. 116. Nor reviewable on motion to amend order appealed from. In Henschel (D. C. N. Y.), 8 Am. B. R. 201; 114 Fed. 968. 506 FOKMS IN BANKRUPTCY. FORM No. 320. NOTICE OF FILING PETITION TO REVIEW. United States Circuit Court of Appeals, Circuit. In the Matteb OF bankrupt. Sir: Please take notice that on the .... day of , 19. ., at .... o'clock, . . M., I shall present to the above-named court at the office of the clerk thereof at the Federal Court House, in the City of , and file with the said clerk, the annexed petition of , for review by the above- named court of a certain order of the District Court of the United States for the District of , and filed in the office of the clerk of that court on the day of , 19 . . , confirming the report of as Special Master, dated the day of :,19.-. Dated ,19... Attorney and solicitor for. To Attorney for FORMS IN BANKRUPTCY. 507 FORM No. 321. NOTICE OF MOTION FOR STAY PENDING REVIEW. United States District Court, for the District of In Bankruptcy. In the Matter OF JBankrupt. Sir: Upon all the proceedings had herein and on the petition to review the order and decree entered herein on the day of , 19 . ., directing that (etc.) , filed in the clerk's office of the United States Circuit Court of Appeals for the Circuit, on or about . . . ., 19. ., I shall move this Court at a session thereof to be held on the day of , 19 . ., at .... A, M. or as soon thereafter as counsel can be heard, for a stay of all proceedings herein on said final order and decree, pending said petition to review; also for such other and further relief as to the court may seem proper. Dated, , ,19... > Attorney for , (Address.) To Esq., Attorney for 508 FORMS IN BANKRUPTCY. FORM No. 322. PETITION FOR APPEAL FROM A CIRCUIT COURT OF APPEALS TO THE SUPREME COURT OF THE UNITED STATES. United States Circuit Court of Appeals for the Circuit. Ajypellants^ vs. Appellees. To the United States Circuit Court of Appeals for the Circuit : The above mentioned appellants, , respectfully show that the above entitled cause is now pending in the United States Circuit Court of Appeals for the Circuit, and that a judgment or decree has therein been rendered on the .... day of , A. D., , affirming the decree of the Court of the United States for the district of , and that the matter in controversy in said suit exceeds two thousand dollars besides costs ; that this cause is one in which the United States Circuit Court of Appeals for the circuit has final jurisdiction and that it is a proper cause to be reviewed by the Supreme Court of the United States on appeal under Sec. 2.5-b of the Bankruptcy Act. Wherefore, the said appellants pray that an appeal be allowed them in the above entitled cause directing the clerk of the United States Circuit Court of Appeals for the Circuit, to send the record and proceedings in said cause, with all things concerning the same, to the Supreme Court of the United States, in order that the errors complained of in the assignment of errors herewith filed by the said appellants, may be reviewed, and if error be found, corrected according to the laws and customs of the United States. (Verification.) Attorney for appellants. NOTES. Appeals to Supreme Court. Sec. 25-b General Order XXXVI . (2), (3). Liniiteil to coiitrnvcrsics on claims exceeding the sum of $2000 and the question involved is one which niifrht liave been taken on appeal or writ of error from the hijihe=t FORMS IN BANKRUPICY. 509 court of a State to the Supreme Court of the United States, or where a Justice of the Supreme Court shall certify the decision of the question in controversy, is " essen- tial to the uniform construction of the act throughout the United States." Hewitt V. Berlin Macliine Works, 11 Am. B. R. 709; 194 U. S. 296; 48 L. Ed. 986. In either case claim in controversy must exceed $2000. Hutchinson v. Otis (C. C. A. 1st Cir.), 10 Am. B. R. 275; 123 Fed. 14; 50 C. C. A. 94. Western Tie & Timber Co. v. Brown, 13 Am. B. R. 447; 196 U. S. 502; 49 L. Ed. 571. Lucius V. Cawthorn-Coleman Co., 13 Am. B. R. 696; 196 U. S. 149; 49 L. Ed. 425. Order allowing an exemption, is not a, " final decision allowing or rejecting a claim within the meaning of subsection b, and appeal does not lie to Supreme Court." Holden v. Stratton, 10 Am. B. R. 786; 191 U. S. 115; 48 L. Ed. 116; Smalley v. Laugenour, 13 Am. B. R. 692; 196 U. S. 93; 49 L. Ed. 400. Lucius v. Cawthorn-Coleman Co. {supra). Objections first raised on appeal. Armstrong v. Fernandez, 19 Am. B. R. 746; 208 U. S. 324; 52 L. Ed. 514. Practice. Regulated by Gen'l Order XXXVI (2) (3), and by the Rules of U. S. Supreme Court. Mueller v. Nugent, 7 Am. B. R. 224: 184 U. S. 1 ; 46 L. Ed. 405; Chapman v. Bowen, 18 Am. B. R. 844; 207 U. S. 89; 52 L. Ed. 116. Knapp V. Milwaukee Trust Co., 30 Sup. Ct. Rep. 412. Time Limit. Conboy v. First Nat. Bank of N. J., 16 Am. B. R. 773; 203 U. S. 141 ; 51 L. Ed. 128. Thomas v. Sugarman, 30 Sup. Ct. Rep. 650. Bond on supersedeas. Trustee need not give. In re Dresser (Ref. N. Y.), 14 Am. B. R. 41. olO FORMS IN BANKRUPTCY. FORM No. 323. ORDER ALLO"WING APPEAL FROM A CIRCUIT COURT OF APPEALS TO THE SUPREME COURT OF THE UNITED STATES. The United States Circuit Coiirt of Appeals for the Circuit. Appellants^ vs. Appellees. It is hereby ordered that the appeal in the above entitled cause to the Supreme Court of the United States be and is hereby allowed as prayed. United States Circuit Judge, Circuit FORM No. 324. PETITION FOR "WRIT OF ERROR FROM THE SUPREME COURT TO A CIRCUIT COURT OF APPEALS. United States Circuit Court of Appeals, for the Circuit. Plaintiff in Error. vs. Defendant in Error. Your petitioner, plaintiff in error in the above entitled cause, respectfully shows that the above entitled cause is now pending in the United States Circuit Court of Appeals for Circuit, and that a judgment has tliorcin b^'cn rendered on the day of , affirm- FORMS IN BANKRUPTCY. 511 iiig (or reversing) a judgment of the District Court of the United States for the District of , and that the matter in controversy in said suit. exceeds thousand dollars, besides costs, and that the jurisdiction of none of the courts above mentioned is or was dependent in any wise upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or citizens of the different states, and that this cause does not arise under the patent laws, nor the revenue laws, nor the criminal laws, and that it is not an admiralty case, and that it is a proper case to be reviewed by the Supreme Court of the United States upon writ of error; and therefore your petitioner would respectfully pray that a writ of error be allowed him in the above entitled cause directing the clerk of the United States Circuit Court of Appeals for the Circuit to send the record and proceedings in said cause with all things concerning the same, to the Supreme Court of the United States, in order that the errors complained of in the assignment of errors here- with filed by said plaintiff in error may be reviewed, and if error be found, corrected according to the laws and customs of the United States. > Plaintiff in error, By , Ilis attorney. The foregoing petition is granted and writ of error allowed as prayed for upon 's giving bond according to law in the sum of $ J Associate Justice of the Supreme Court of the United States. NOTES. 26 U. S. Statutes at Large 828 (6). See also U. S. Rev. Stat. sec. 709. What review^able. Review of judgment of highest State Court. Eau Chiire Nat. Bank v. Jaoknian, 17 Am. B. R. 675. Frank v. Vollkommer, 17 Am. B. R. 806; 205 U. S. 521; 51 L. Ed. 911. Rector V. City Deposit Bank Co., 15 Am. B. R. 3.36; 204 U. S. 522; 51 L. Ed. 576. Judgment that a person is or is not a bankrupt entered by a court of bankruptcy on a verdict of a jury demanded as of right under sec. 10, is reviewable in the Supreme Court of the United States only by writ of error. Grant Shoe Co. v. Laird Co., 17 Am. B. R. 1 ; 203 U. S. 502; 51 L. Ed. 292. Bower v. Holzworth (C. C. A. 8th Cir.), 15 Am. B. R. 22; 138 Fed. 28; 70 C. C. A. 396. Elliott V. Toeppner, 9 Am. B. R. 50 ; 187 U. S. 327 ; 47 L. Ed. 200. Lennox v. Allen Lane Co. et al. (C. C. A. 1st Cir.), 21 Am. B. R. 648; 167 Fed. 114; 92 C. C. A. 566; In re Neasmith (C. C. A. 6th Cir.), 17 Am. B. R. 128; 147 Fed. 160; 77 C. C. A. 402. Hcw^ attested. Long V. Farmers' State Bank (C. C. A. 8th Cir.), 17 Am. B. R. 103; 147 Fed. 360; 77 C. C. A. 538. 512 FORMS IN BANKRUPTCY. Writs of error. Objection not raised below, not available. Frank v. Vollkonimer (supra). Proceedings in bankruptcy, as a general rule, are proceedings in equity and orders and decrees therein cannot be reviewed by writs of error. Lockman v. Lang (C. C. A. 8th Cir.), 11 Am. B. R. 597; 128 Fed. 279; 62 C. C. A. 550. Practice. Petition with assignment of errors may be filed with clerk of Circuit Court of Appeals or clerk of the Supreme Court. Writ is tested by clerk of Supreme Court and allowed by a justice of said court. Practitioner should consult, For additional forms and practice. Loveland's Federal Practice. Foster's "Federal Practice" (4th Ed.). Rose " Federal Procedure." FORM No. 325. WRIT OF ERROR FROM THE SUPREME COURT OF THE UNITED STATES TO A CIRCUIT COURT OP APPEALS. \yrit of Error from the Supreme Court of the United States to a Circuit Court of Appeals. United States of America, ss: The President of the United States to the Honorable, the Judges of the United States Circuit Court of Appeals for the Circuit, Greeting : Because, in the record and proceedings, as also in the rendition of the judg- ment of a plea which is in the said Circuit Court of Appeals before you, or some of you, between plaintiff in error, and , defendant in error, a manifest error hath happened, to the great damage of the said plaintiff in error as by his complaint appears. We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you have the same in the said Supreme Court at Washington, within thirty days from date hereof, that the record and proceedings aforesaid being inspected, the said Supreme Court may cause further to he done therein to correct that error, what of right, and according to the laws and customs of the United States, should be done. FORMS IN BANKRUPTCY. 513 Witness, the Honorable , Chief Justice of the United States, the clay of , in the year of our Lord one thou- sand, nine hundred and (Seal of the Supreme Court of the United States.) > Clerk of the Supreme Court of the United States. Allowed by } Associate Justice of the Supreme Court of the United States. FORM No. 326. CERTIFICATE OF QUESTION IN A BANKRUPTCY PROCEEDING BY A CIRCUIT COURT OF APPEALS TO THE SUPREME COURT. The United States Circuit Court of Appeals, for the Circuit. Appellants, VS. Appellees. This is an appeal from the District Court of the District of , sitting as a court of bankruptcy, disallowing a claim filed by the appellants against the bankruptcy estate exceeding five hundred dollars in amount. From the transcript of the record it appears : First: That the Company is a corporation organized, and existing under the laws of the State of , and was engaged in business at the City of Second : While insolvent, the said Company, on the .... day of 19. ., made a general assignment for the benefit of creditors, under the general assignment law of the State of , by which it conveyed to , as assignee, all of its property of every kind, for the equal benefit of all of its creditors. The assignee accepted the trust and duly qualified by executing a bond and taking the oath prescribed by the State Statute, and entered into possession of all the assigned estate. The deed of assignment provided that the assignee should pay '* reasonable counsel and attorney's foes for preparing such general assignment and for advice and services to be furnished and 614 FORMS IN BANKRUPTCY. rendered him in the course of the administration of the trust hereby created.'^ Within four months after this deed of assignment the Company, upon a petition by three of its creditors, was adjudicated a bankrupt in the District Court of the United States for the district of , and the assignment set aside as in contravention of the Bankruptcy Act. A trustee was thereafter duly appointed, who has duly qualified and taken possession of the estate of said bankrupt. Third: The appellants filed a claim against the bankrupt estate for professional services rendered the bankrupt in preparing the said general as- signment for the benefit of creditors, and the assignee thereunder in advising and acting for him in respect to his duties and in defending a suit brought to wind up the corporation in a State Court, and for services rendered the assignee in opposing the adjudication of bankruptcy. The items of this claim were as follows : The appellants asserted and claimed that each of said items constituted a prior charge upon the assets and asked to have same paid by the trustee in preference to the unsecured creditors. The trustee and certain creditors excepted to each item of this account. The referee upon the evidence, found and certified that the services had been rendered as claimed and were reasonably worth the amount claimed, but that the same did not constitute expenses allowable as a priority payment and were not otherwise a lien. He allowed the item of $ as an unsecured claim against the estate, but disallowed the other items as not being debts of the bankrupt. His order was duly excepted to and the questions certified to the court in due form. The District Judge sustained the referee so far as he held the claims to be not entitled to priority and adjudged that none of the items constituted a debt, provable for any purpose against the bankrupt estate. From this judgment the appellants have appealed and assigned error. Upon this state of facts this court desires the instruction of the Supreme Court, that it may properly decide the questions of law thus arising: First : Is a claim for professional services rendered to a bankrupt corpora- tion in the preparation of a general assignment, valid under the law of the State of , entitled to be paid as a claim entitled to priority out of the estate of the corporation in the hands of a trustee in bankruptcy, when the corporation was adjudicated an involuntary bankrupt within four months after making the assignment, and the assignment set aside as in contravention of the bankrupt law? Second : Is a claim for professional advice and legal services rendered such an assignee, prior to an adjudication of bankruptcy against the assignor, the assignment providing that the costs and expenses of administering the trust should be first paid, entitled to be proven as a priority claim against the bankrupt estate? Third : Is a claim against such an assignee for legal services rendered at FORMS IN BANKRUPTCY. 515 his employment in resisting an adjudication of involuntary bankruptcy against the assignor, allowable as a priority claim when the necessary effect of the adjudication would be to set aside the assignment under which the assignee was acting? Fourth : If not entitled to be allowed as priority claims, may either of the items described in the foregoing questions be proven as unsecured debts of the bankrupt corporation ? It is, therefore, ordered that a copy of this certificate, under the seal of the court, be filed with the clerk of the Supreme Court at Washington. Judges of the United States Circuit Court of Appeals for the Circuit sitting in said cause. NOTES. Randolph v. Scruggs (U. S. Sup.), 10 Am. B. R. 1; 190 U. S. 533. Right to certify. Power may be exercised by either a judge of Circuit Court of Appeals, or District Judge. If from District Court, the question certified must be after final judgment. Bardes v. Bank, 3 Am. B. R. 680; 175 U. S. 526; 44 L. Ed. 261. And a question of jurisdiction. First Nat. Bank v. Klug, 8 Am. B. R. 12; 186 U. S. 203; 46 L. Ed. 1127; Columbia Iron Works v. Nat. Lead Co. (C. C. A. 6th Cir.), 11 Am. B. R. 340; 127 Fed. 99; 62 C. C. A. 99. See, also. Van Wagenen v. Sewall, 160 U. S. 369; 40 L. Ed. 460; Maynard v. Hecht, 151 U. S. 324; McLish v. Roff, 141 U. S. 661. If from Circuit Court of Appeals, any question on which the court desires instruc- tion may be certified up. Such certificate brings up only questions of law. Cross ▼. Evans, 167 U. S. 60; 42 L. Ed. 77. TITLE XV. PARTICULAR WRITS AND INDICTMENTS. FOBM No. 327 Order of Ne Exeat 328. Bond on Ne Exeat. 329. Petition for writ of Habeas Corpus. 330. Writ of Habeas Corpus. 331. Petition for Writ of Mandamus. 332. Petition for Writ of Certiorari. 333. Notice of Application. 334. Motion for Writ of Certiorari. 335. Writ of Certiorari. 336. Indictment for Conspiracy to conceal Property from Trustee. FORM No. 327. ORDER OF NE EXEAT. United States District Court, for the District of , . . . ,,.. In Bankruptcy. In the Matter OF JBankrvpt. To the United States Marshal for the District of , or any of his deputies : Whereas, it appears to the satisfaction of the District Court of the United States for the District of sitting in bankruptcy, on the petition of , duly verified, and the affidavits of and , wheref rom it a])peais that the said bankrupt is greatly indebted to the said petitioners and other creditors, and that he has disposed of all of his property for the purpose of hindering, delaying and defrauding the petitioners and other creditors, and is about to leave the district, and the jurisrliction of this court (to avoid exaniina- 516 FORMS IN BANKRUPTCY. 517 tion), and the said alleged bankrupt has disposed of, removed and concealed all of his property with intent to hinder, delay and defraud the petitioners and other creditors for the purpose of going into other parts beyond the jurisdiction of this court, tending to the great prejudice and damage of these petitioners and the creditors of the said bankrupt, and to the prejudice of and intending to impair, impede and defeat the orders and decrees of this court in this matter of and concerning the person and property of said bankrupt. Now, therefore, in order to prevent this injustice, we command you tliat you do without delay, apprehend and take into custody said bank- rupt, and to bring him forthwith before me for examination, or at his oi)tion, to cause him to give suflficient bail or security in the sum of dollars, to be approved by this court, or the clerk thereof, that he, the said will not depart from or go, or attempt to depart from or go beyond the territorial jurisdiction of this court without its leave, and will at all times and in all manner, respect and things, obey and comply with the lawful orders and decrees of the Court herein for his examination, which shall or may be made on behalf of the said petitioners or other creditors of the said bank- rupt. Witness, the Honorable , Judge of the District Court of the United States sitting in the District of , at the Federal Court House , City of , , on the day of 19 . . . District Judge of the District Court of the United States for the District of NOTES. Order in nature of writ of ne exeat. See Act. Sec. 9-b, Sec. 2, (15). Collier (7th Ed.), 202-203. Limitations as to time, important. Affidavits of two persons are necessary. Bankrupt may move for release or furnish bond. Not limited under broad powers of sec. 2 (15) to purposes of examination, under which section the application is usually made. In re Cohen (D. C. 111.), 14 Am. B. R. 355; 126 Fed. 599. In re Lipke (D. C. N. Y.), 3 Am. B. R. 569, 98 Fed. 970. Curing irre<;ularity. In re Berkowitz (D. C. N. J.), 22 Am. B. R. 231. A warrant cannot be issued under this subsection solely as a basis for extradition proceedings in another district to bring the bankrupt to the district in which the deten- tion warrant has been issued. In re Ketchum (C. C. A. 6th Cir.), 5 Am. B. R. 532; 108 Fed. 35: reported as In re Hassenbusch, 47 C. C. A. 177; dist'g. In re Lipke (supra) . What constitutes waiver of examination. 518 FORMS IN BANKRUPTCY. In re Lipke (supra). Where bankrupt is released iipon giving a bond conditioned to remain constantly within the jurisdiction of the court, his absence therefrom from time to time constitutes a breach of the bond. In re Appel (C. C. A. 1st Cir.), 20 Am. B. R. 890, 163 Fed. 1002; 90 C. C. A. 172 The bankruptcy court has power to cancel the bond; In re Appel {supra). As to sufficiency of affidavit on application. Hoffslaeger Co. v. Young Nap., 12 Am. B. R. 510. FORM No. 328. BOND ON NE EXEAT. Know all men by these presents : That we Principal, and and sureties, are held and firmly bound unto the People of the United States of America in the sum of (....) dollars, lawful money of the United States : for which payment well and truly to be made, we bind ourselves and our several heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the day of ., nineteen hundred and Whereas a certain proceeding in bankruptcy was duly instituted in the district court of the United States, for the district of on the day of , 10 . . , by and praying that they be adjudicated bankrupts; and Whereas in the said proceeding upon proof made to the satisfaction of the district court of the United States for the district of , a writ was granted by the Hon , Judge of said court in said district, commanding the United States marshal in and for the district of to apprehend and take into custody the said and and to require each of them to give bail in sum of (••••) dollars, that they the said and will not depart or go or attempt to go or depart from or beyond the jurisdiction of the United States District Court for the district of in bankruptcy, without the leave of the said United States District Court for the district of in bankruptcy, first had and obtained, and will and at all times and in all matters, respects and things, promptly and punctually obey and comply with the lawful orders and decrees of the said court which shall or nuiy be made in tiie said proceedings in behalf of the petitioner and other creditors of the said and , in which the creditors of the said and shall or may be interested or in any way concerned : and Whereas the United States marshal in and for the district FORMS IN BANKRUPTCY. 519 of , pursuant to the said writ, did apprehend and take into custody the said and who heing desirous of giving the security in and by said writ required for the performance of the lawful orders and decrees of said district court of the United States, as in said writ provided, and renuiining within said jurisdiction. Now, therefore, the condition of this obligation is such that if the bounden and shall not depart or go or attempt to go or depart from or beyond the jurisdiction of the United States District Court for the district of in bankruptcy, without the leave of the said court first had and obtained, and will at all times and in all matters, respects and things obey and comply with the lawful orders and decrees of the said District Court of the United States for the district of in bankruptcy, which shall or may be made in the said proceeding in behalf of the petitioners and other creditors of the said and , then this obligation to be void: otherwise to be and remain in full force, virtue and effect. In presence of: District of , ss: On this .... day of 19. ., before me personally appeared the foregoing and within named and , to me known and known to me to be the individuals described in and who executed the foregoing undertaking and severally acknowledged to me that they executed the same. U. S. Commissioner. Approved as to form and sufficiency. U. S. Commissioner. [Acknowledgment by Sureties.] FORM No. 329. PETITION FOR WRIT OF HABEAS CORPUS. To the Honorable , Judge of the Court of the United States for the district of : , your petitioner, respectfully alleges and shows : I. That your petitioner is a citizen of the United States, an inhabitant and citizen of the State of and a resident of in this district, II. Your petitioner has verified and filed in the district court for the 520 FOEMS IN BANKRUPTCY. district of , a petition that he may be forthwith adjudged a voluntary bankrupt, upon which he has been duly adjudicated such bankrupt on the day of 19 . ., and the proceeding duly referred to , one of the referees in bankruptcy. III. Your petitioner is and since , 19 . ., has been actually confined and imprisoned in the county jail of County by the Sheriff thereof, under and by authority of an execu- tion against his person for the amount of costs obtained against him by one , in an action brought by your petitioner in the Supreme Court of the State of , against said , for false imprisonment and other wrongs committed by said against your petitioner; and such imprisonment is for no other cause. IV. That the claim to enforce which said body execution was issued, is one constituting a debt dischargeable in bankruptcy. V. That it is impossible for your petitioner to attend at the meeting of creditors or other proceedings before said referee in bankruptcy, or to comply with orders in bankruptcy or to qualify himself by such compliance for his discharge and the bankruptcy law will be, so far as its beneficial provisions are concerned, as to him, nullified, if his imprisonment shall continue during the pendency of said proceedings in bankruptcy. Wherefore, your petitioner prays that a writ of habeas corpus issue directed to , sheriff of County as aforesaid or to any of his deputies requiring him or them to bring and have your petitioner before this court at a time to be by it determined together with the true cause of his detention to the end that due inquiry may be had in the premises, and for his release either absolutely, or during the pendency of said bankruptcy proceedings, and upon such terms as may be proper to enable your petitioner to comply with the orders in bankruptcy and so far as it may be proper to maintain the jurisdiction of said district court in bankruptcy. And your petitioner will ever pray. Petitioner. » Attorney for petitioner. (Verification.) NOTES. Habeas Corpus. Sec. 9 (a) General Orders XII, XXX. When bankrupt entitled to writ. U. S. ex rel. Mansfield v. Flynn, Supt., etc., 23 Am. B. R. 294. Does not warrant a release from custody under an arrest made before the filinrj of the bankruptcy petitinp. FORMS IN BANKRUPTCY. B21 In re Claiborne (D. C. N. Y.), 5 Am. B. R. 812; 109 Fed. 74. Otherwise if detention is based upon a contractual obligation. People ex rel, Taranto v. Erlanger (D. C. N. Y.), 13 Am. B. R. 197; 132 Fed. 883. Bankrupt entitled to release from imprisonment when detained under an order of the Federal Court made after adjudicatiou in conversion action. In re Wenman (1). C. N. Y.), IG Am. B. R. ()!)0; 1.5:5 Fed. 910. When claim, though provable, is not dischargeable, the writ will not be grantetl. In re Baker (D. C. Kas.), 3 Am. B. R. 101 ; 90 Fed. V.5-1. In re Marcus (C. C. A. 1st Cir.), 5 Am. B R. 365; 10.5 Fed. 907; 45 C. C. A. 115. Contra. In re Lewensohn (D. C. N. Y.), 3 Am. B. R. 594; 98 Fed. 576. In re Dresser (D. C. N. Y.), 10 Am. B. R. 270; 124 Fed. 915. In re Adler (C. C. A. 2nd Cir.), 16 Am. B. R. 414; 144 Fed. 659; 75 C. C. A. 461; In re Hilton, 4 Am. B. R. 774; 104 Fed. 981. When entitled to writ from allegations of pleadings. Barrett v. Prince (C. C. A. 7th Cir.), 16 Am. B. R. 64; 143 Fed. 302; 74 C. C. A. 440. Pending petition to review an order denying a petition to revoke a discharge, court may restrain the arrest of bankrupt based upon a claim within sec. 9-a. In re Chandler, 13 Am. B. R. 614; 135 Fed. 893. Application may be made to either state or federal court. U. S. ex rel. Scott v. McAleese (C. C. A. 3rd Cir.), 1 Am. B. R. 650; 93 Fed. 656; 35 C. C. A. 529. When bankrupt is imprisoned by State Court for contempt, writ should not be granted. In re Fritz (D. C. N. Y.), 18 Am. B. R. 244; 152 Fed. 562. Also, when imprisoned for contempt of order in the bankruptcy proceedings. In re Alper, 19 Am. B. R. 612. Bankruptcy Court has jurisdiction to punish for contempt of its authority and its action is not reviewable by Circuit Court upon writ of habeas corpus Ex Parte O'Neal, 11 Am. B. R. 196: 125 Fed. 967. In re Bick (C. C. N. Y.), 19 Am. B. R. 68; 155 Fed. 908. Bankrupt arrested under a judgment for breach of promise to marry, entitled to writ. In re Fife, 6 Am. B. R. 258; 109 Fed. 880. Judgment in action for assault and battery. Determination as to whether injury was wilful and malicious. U. S. ex rel. Kelley v. Peters (D. C. 111.), 22 Am. B. R. 177. Imprisoned upon a judgment for support of bastard child, not entitled to writ. In re Baker, 3 Am. B. R. 101 ; 96 Fed. 954. District Court has power to release upon habeas corpus bankrupt under arrest in State Court for non-payment of alimony. Wagner v. United vStates and Houston (C. C. A. 6th Cir.), 4 Am. B. R. 596; 104 Fed. 133: 43 C. C. A. 445. Habeas corpus ad testificandum Not granted by bankruptcy court to require production of witness for examination, when witness is confined in a hospital for the criminal insane in another state. In re Thaw (C. C. A. 3rd Cir.), 21 Am B. R. 561; 172 Fed. 288. 532 FORMS IN BANKRUPTCY. FORM No. 330. "WRIT OP HABEAS CORPUS. The President of the United States to Esq., United States Marshal for the district of , greeting : We command you, that you have the body of by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name he shall be called or charged before the court of the United States in and for the district of in the circuit, on the day of , 19. ., at ... o'clock in the noon of that day, to do and receive what shall then and there be considered concerning the said ; and have you then there this writ. Witness the Honorable Chief Justice of the Supreme Court of the United States, the day of , one thousand, nine hundred and Clerk of the Court of the United States for the District of The foregoing writ is hereby allowed. The petitioner may be admitted to bail in the sum of $ pending the proceedings thereon. U. S. Judge. FORM No. 331. PETITION FOR "WRIT OF MANDAMUS. TiTLK. To the Honorable , Chief Justice of the United States, and the .Associate Justices of the Supreme Court of the United Ptatc?: FORMS IN BANKRUPTCY. 523 The petition of , a citizen and resident ef the City of , State of respectfully shows : I. [Here recite fully nature of proceeding and all steps taken in Courts below.] II. [Recite order and error complained of.] Wherefore, your petitioner prays that a rule be made and issue from this Honorable Court, directing the said to show cause, why a writ of mandamus should not issue commandinsf the said Court (or Judge) to, etc. (Set forth relief required), or for such other and further relief as to this Honorable Court may seem just and meet. And your petitioner will ever pray, etc. Attorney for petitioner. Address. Counsel. (Verification.) NOTES. "Writ of mandamus is to compel the performance of a clear legal duty, where party aggrieved has no other adequate remedy. When lower court refuses to act on a matter properly before it, mandamus will lie. When granted. Requiring district judge to allow appeal from order refusing confirmation of compo- sition. United States ex rel. Adler v. Hammond (C. C. A. 6th Cir.), 4 Am. B. R. 736; 104 Fed. 862; 44 C. C. A. 229; rev'g 4 Am. B. R. 583; 103 Fed. 444. When application for writ denied, In re Plaut, Trustee, 21 Am. B. R. 929. In re McCall (C. C. A. 6th Cir.), 16 Am. B. R. 670; 145 Fed. 898; 76 C. C. A. 430. An order appointing a receiver. Edinburg Coal Co. v. Humphreys (C. C. A. 7th Cir.), 13 Am. B. R. 593; 134 Fed. 839; 67 C. C. A. 435. In re Saratoga Gas etc. Co , 21 Am. B. R. 592. Peremptory writ from circuit court of appeals to district judge to compel compliance with decision of Supreme Court. Ex parte 1st Nat. Bank of Chicago (U. S. Sup.), 19 Am. B. R. 542; 207 U. S. 61 ; 52 L. Ed. 108: rev'g ex parte Chicago Title & Trust Co., 16 Am. B. R. 848, 146 Fed. 742; 77 CCA. 408. 524 FORMS IN BANKRUPTCY. FORM No. 332. PETITION FOR "WRIT OF CERTIORARI, TO REMOVE A CAUSE FOR REVIETAT. In the Supreme Court of the United States, Term A. D. 19. .. Petitioner, vs. Respondent. Petition for writ or certiorari to the United States Circuit Court of Appeals for the Circuit, requiring it to certify to the Supreme Court of the United States for its revision and determination the petition for review in bankruptcy taken by said petitioner against lately pend- ing in said Court of Appeals. To the Honorable, the Chief Justice and Associate Justices of the Supreme Court of the United States : The petition of filed by virtue of the provisions of Section 25-d of the Bankruptcy Act of 1898 and the amendments thereof respectfully represents as follows : First: That this cause involves a question of far reaching importance to mercantile and business interests, and upon which the decisions of the circuit courts of appeal in the different circuits are at variance, thus necessitating an authoritative determination thereupon by this court. Second : The question involved is as follows : [Recite in full ; also proceedings and findings in courts below.] Your petitioner annexes hereto his brief in support of this petition. Wherefore, your petitioner prays tha.t a writ of certiorari may be issued out of and under the seal of this court, directed to the United States Circuit Court of Appeals for the Circuit, commanding said court to certify and send to this court, a full and complete transcript of the record in all proceedings in said Circuit Court of Appeals in the case therein, entitled against on petition of for review No. ... to the end tliat said case may be reviewed and dotei-inined by this court, as provided by law ; and that the judgment of the said Circuit FORMS IN BANKRUPTCY. 535 Court of Appeals in said case may be reversed and modified as follows : And your petitioner will ever pray. > Petitioner. > Attorney for petitioner. (Verification.) NOTES. Certiorari. Sec. 25-d 26 U. S. Stat, at large 826-829. See rules of supreme court as to writs of certiorari directed to circuit court of appeals only and may be asked only in those cases where the ultimate decision of that court is final. Mueller v. Nugent, 7 Am. B. R. 224; 184 U. S. 1 ; 46 L. Ed. 405. Forsyth v. Hammond, 166 U. S. 506. First National Bunk v. Chicago Title & Trust Co., 14 Am. B. R. 102; 198 U. S. 280; rev'g 11 Am. B. R. 79, 134 Fed. 562; 67 C. C. A. 486; Application by petition to supreme court with printed record of the case, must file certified copy of the entire record in circuit court of appeal. Application must be made within a reaf=onable time. Decided on brief.s; oral argument not permitted. Effect of writ if granted is to remove the question to the Supreme Court. American Corset Co. v. .Jacksonville, etc., 148 U. S. 372. Cases where writ has been held to lie and been granted. In re Watts, 10 Am. B. R. 113; 190 U. S. 1. Holden v. Stratton, 10 Am. B. R. 786; 191 U. 8. 115; 48 L. Ed. 116. 53e FORMS IN BANKRUPTCY. FORM No. 333. NOTICE OP APPLICATION TO THE SUPREME COURT FOR WBIT OP CERTIORARI. United States Circuit Court of Appeals for the Circuit: . ...,Plaintiif in Error (or Appellant) against — jDefendant in Error (Appellee) Sir: Notice is hereby given that the defendant in error (or Appellee)" will on Monday, the day of , 19 . . , upon his duly verified petition and a certified copy of the entire record in this cause move before the Supreme Court of the United States in the Courtroom thereof, at the Capitol Building, in the City of Washington, D. C. on the opening of court on that day or as soon thereafter as counsel can be heard, for a writ of certiorari removing this cause to said Supreme Court of the United States and that a copy of said petition and brief in support thereof, are herewith delivered to you. Dated 19... Attorney for Defendant in Error (or Appellee) . To Esq., Attorney for plaintiff in Error (or Appellant) . NOTES. Sufficient notice must be given counsel for respondent of day selected to enable them to file briefs in opposition if they desire. Proof of scrvifc or admission must be filed in cb-rk's off^^- -. FORMS IN BANKRUPTCY. 527 FORM No. 334. MOTION FOR WRIT OF CERTIORARI FROM THE SUPREBCE COURT TO A CIRCUIT COURT OF APPEALS. The Supreme Court of the United States, Term. Petitioner, vs. Respondent. Comes now , by Esq., its counsel, and moves this Honorable Court that it shall by certiorari or other proper process directed to the Honorable, the Judges of the United States Circuif: Court of Appeals for the Circuit, require said court to certify to this court for its review and determination a certain cause in said Court of Appeals lately pending, wherein the respondent, was plaintiff in error (or appellant) and your petitioner, , defendant in error, (or appellee,) and to that end it now tenders herewith its petition and brief with a certified copy of the entire record in said cause in said Circuit Court of Appeals. Counsel 528 FORMS IN BANKRUPTCY. FORM No. 335. WRIT OF CERTIORARI FROM THE SUPREME COURT TO A CIRCUIT COURT OF APPEALS. The United States of America, ss: The President of the United States of America, to the Honorable the Judges of the United States Circuit Court of Appeals for the Circuit, Greeting : Being informed that there is now pending before you a suit (or proceeding) in which is plaintiff in error (or appellant) and is defendant in error (or appellee), which suit (or proceeding) was removed into the said circuit court of appeals by virtue of writ of error to (or appeal from) the district (or circuit) court of the United States for the district of , and we, being willing, for certan reasons, that the said cause and the record and proceedings therein should be certified by the said circuit court of appeals and removed into the Supreme Court of the United States, do hereby command you that you send without delay to the said supreme court, as aforesaid, the record and proceedings in said cause, so that the said Supreme Court may act thereon as of right and according to law ought to be done. Witness the Honorable , Chief Justice of the United States, the day of , in the year of our Lord one thousand nine hundred and Cleric of the Supreme Court of the United States. FORM No. 336. INDICTMENT FOR CONSPIRACY TO CONCEAL PROPERTY FROM TRUSTEE. Circuit Court of the United States of America for the District of , in the Circuit. At a Stated Term of the Circuit Court of the United States of America for the District of , in the Circuit, begun and held in the City of , within and for the District and Circuit aforesaid, on the of in the year of our Uord one thousand nine hundred and and continued by FORMS IN BANKRUPTCY. 529 adjournment to and including the day of in the year of our Lord one thousand nine hundred and District of , ss: The Grand Jurors of the United States of America within and for tlie Distrit-t and Circuit aforesaid, on their oatli present that , , , and , with other persons to the jurors unknown, late of the City of , County of , in the District and Circuit aforesaid, Yeomen heretofore, to wit, on the .... day of , in the year of our Lord one thousand nine hundred and , at the District of , and within the jurisdiction of this Court, did unlawfully and wilfully conspire to commit an offence against the United States, in and by corruptly and fraudulently agreeing together, in anticipation of the involuntary bankruptcy of the , a domestic corporation, to be brought about and accomplished by the said , with the knowledge and connivance of the said other conspirators, to conceal from the trustee in bankruptcy of the said corporation, to be thereafter ap- ])ointed, certain property, hereinafter to be mentioned, belonging to the estate in bankruptcy of the said , it being then and there a part of said scheme and conspiracy for the said , who was President and General Manager of the business, and owner of a majority of the stock of said corporation, with the knowledge and connivance of the said other conspirators, to cause the said corporation to commit acts of bankruptcy, with a view to force the filing of a petition in bankruptcy against the said corpora- tion in the District Court of the United States in and for the District of : it being then and there, with the knowledge and connivance of the said other conspirators, also a part of the said conspiracy for the said , as President, General Manager and principal stockholder of said corporation as aforesaid to make no opposition to the involuntary bankruptcy aforesaid, and to consent, without answer, to an adjudication of bankruptcy against the said corporation : and after the forma- tion and arrangement of the said conspiracy, on the day of in the year of our Lord nineteen hundred and , a petition in involuntary bankruptcy against the said corporation was filed in the said court by , and , creditors, who had provable claims against the said alleged bankrupt, aggregating dollars and cents: and among other things in said petition alleged the insolvency of the said corporation and that with intent to hinder, delay and defraud its creditors, the said had transferred, removed and concealed property of the said company, of the value of dollars : all in violation of the bankruptcy laws of the United States. And upon the filing of the said petition a subpama was duly issued by the said court, directed to the said alleged bankrupt, requiring a personal appearance before the said court to answer said petition : and, on the same day, attorney 530 FORMS IN BANKRUPTCY. of the alleged bankrupt, of the choosing of the said , President, Manager and stockholder of said corporation as aforesaid, consented in writing to the entry of an order appointing a receiver of the property of the said alleged bankrupt : and on the same day, at the instance of the said , as such President and Manager of the said corporation, the said attorney filed in the said court a notice of appearance as attorney of the said alleged bankrupt. And on the day of , 19. ., at the instance of the said , President and Manager as aforesaid, in default of an answer, the said , was declared and adjudged a bankrupt by Honorable , Judge of the said District Court, having lawful authority thereto. And at a meeting of the creditors of the said bankrupt, held on the day of of the same year, , was elected and appointed trustee of the estate of the said bankrupt, and (duly) qualified as such on the same day. And to effect the object of the said conspiracy, the said , on the said day of in the year last aforesaid, caused and procured the removal and concealment of the property of the said corporation, which said removal was then and there accomplished under the direction of said , an employee of the said corpora- tion ; then and there being so removed from the premises of the said corporation at Number Street, in said City, to in the said City and said County ; and on the same day the said at the instance of the said , as aforesaid, caused and procured the removal from the premises of the said corporation as aforesaid the said and their conveyance thence to ; and the said , at the instance of the said , (who signed the schedules of the property of said bankrupt in behalf of said corporation by the name of , Prest.,) were withheld and omitted by him from said schedules, which were filed in said court on the day of in the said year : and the oath to said schedules was taken by the said , as President as aforesaid, on the day of in the year last aforesaid, before , Comm. of Deeds, , and the said property was never turned over to the said trustee, but was concealed from him by the procurement of the said , with the knowledge, consent and conivance of the said other conspirators. And so the jurors aforesaid, on their oaths aforesaid, do say, that , , , , and the said other persons to the jurors unknown in manner and form and by the means aforesaid, on the .... day of , in the year of our Lord nineteen hundred and J within the jurisdiction aforesaid, did unlawfully and wil- fully conspire to commit an offence against the United States in and by the concealment from the trustee in bankruptcy, property belonging to the estate in bankruptcy of the , a domestic corporation, while a bank- FORMS IN BANKRUPTCY. 531 rupt ; against the peace of the United States and their dignity and contrary to the form of the statute of the United States in such case made and provided. U. S. Attorney. [From U. S. v. Cohn et al., sustained in 142 Fed. 983 and 157 Fed, 651.] NOTES. Indictment. U. S. R. S. 5440; 5392, U. S. V. Comstock et al (C. C. R. I.), 20 Am. B. R. 520. Cohn V. U. S. (C. C. A. 2nd Cir.), 19 Am. B. R. 8; 157 Fed. 651; 85 C. C. A. 113; affirming 15 Am. B. R. 357 ; 142 Fed. 983. When defective. The omission of the words "knowingly and fraudulently " or an equivalent therefor from an indictment charging conspiracy to conceal assets from trustee of bankrupt estate in violation of Sec. 29-b, is fatal on demurrer. U. S. V, Comstock et al (C. C. R. I.). 20 Am. B. R. 525; 162 Fed. 415. Also s. c. 20 Am. B. R. 520; 161 Fed. 644. McNiel V. U. S. (C. C. A. 5th Cir.), 18 Am. B. R. 18; 150 Fed. 82; 80 C. C. A. 36. When indictment charging perjury under U. S. R. S 5392 defective, U. S. V. Lake (D. C. Ark.) ; 12 Am. B. R. 270 ; 129 Fed. 499. Bartlett v. U. S. (C. C. A. 9th Cir.), 5 Am. B. R. 678 ; 106 Fed. 884 ; 46 C. C. A. 19. U. S. V. Bred, 23 Am. B, R. 740. The mode of alleged concealment of property from trustee is immaterial and need not be set forth in the indictment. U. S. V. Comstock, 20 Am. B. R. 520. An indictment under Sec. 29-b, need not charge that the defendant bankrupt at the time of the alleged concealment of property knew that a trustee had been appointed or the name of the trustee. U. S. V. Comstock (supra). Does not extend to officer of a bankrupt corporation. Statute strictly construed. Field V. U. S. (C. C. A. 8th Cir.), 14 Am. B. R. 507; 137 Fed. 6: 69 C. C. A. 568. A conviction of a bankrupt for concealing property from his trustee cannot be sus- tained without au adjudication, Gilbertson v. U. S. (C, C, A, 7th Cir.), 22 Am. B. R. 32; 168 Fed. 672; 94 C. C. A. 158. An indictment based upon illegal use of a bankrupt's schedules against him will be dismissed. U. S. V. Chambers (C. C. N. Y.), 13 Am. B. R. 708; 135 Fed. 1023. Cohen v. U. S. (C. C. A. 4th Cir.), 22 Am. B. R. 333; 170 Fed. 715. Johnson v. U. S. (C. C. A. 1st Cir.). 20 Am. B. R. 724; 163 Fed. 30; 89 C. C. A. 508. Johnson v. U. S. (C. C. A. 5th Cir.), 158 Fed. 69; 85 C. C. A. 399. Alkon V. U. S. (C. C. A. 1st Cir.), 22 Am. B. R. 489; 163 Fed. 810; 90 C. C. A. 116. A corporation may be guilty of concealment of assets while a bankrupt. U. S. V. Young & Holland Co. (C. C. R. I.), 22 Am. li. R. 484; 170 Fed. 110. An indictment for perjury maybe predicated upon false testimony given by a witness before a special commissioner appointed under sec. 2l-a prior to bankrupf.s adjudication. U. S. V. Liberman. 23 Am. B. R. 734. In an indictment against a bankrupt and others for conspiracy to conceal assets from his trustee in bankruptcy, an averment that a person is and was "duly" appointed 532 FORMS IN BANKRUPTCY. trustee is sufficient, the manner of the appointment being an incidental matter only and not a vital element of the crime. Kerrch v. U. S. (C. C. A. 1st Cir.), 22 Am. B. R. 544; 171 Fed. 366; 96 C. C. A. 258. [For further forms see "Joyce on Indictmeots."] TITLE XVI. REPORTS FOR ATTORNEY GENERAL. 337. Report of Referee in Bankruptcy to Clerk. FORM No. 337. REPORT OP REPEREE IN BANKRUPTCY TO CLERK For the purposes of complying with sections 53 and 54 of the Bankruptcy Law, Referees in Bankruptcy will carefully fill out this report for each case referred to them immediately upon its conclusion, and transmit the report promptly to the Clerk of the Court having jurisdiction of the case. Immediately after the close of the fiscal year, Referees will advise the Clerk of the number of cases on hand not closed. IN THE DISTRICT COURT OF THE UNITED STATES for the District of In the Matter of \ No Bankrupt. J- *rVoluntary. Bankrupt. V ♦iVoluntary. "I Occupation ) Llnvohmtary. J Date of filing petition , 191 * / Court. D«'e"'*-!ffir.'Tpe.,tion,[ '«' .bv'-jRe'-e. STATEMENT OF ACCOUNT. LIABILITIES. Represented by secured, priority, or lien claims Represented by unsecured claims, proved Represented by imsecured claims, not filed and proved. TOT.\L Ll.\BILITIE8 Total assets realized, including amounts set apart to pay secured and lien claimants, also exemptions set apart in money Total amount deposited under composition dated 191 . . 533 534 FORMS IN BANKRUPTCY. DISTRIBUTION OF ASSETS OR AMOUNT DEPOSITED UNDER COMPOSITION. Total dividends declared to unsecured creditors Total exemptions set apart in money Total payments to secured, priority, or lien claimants Commissions and other compensation allowed referee, trustee, receiver, or marshal, on amounts paid to lien holders Amounts deposited with clerk for referee and trustee in both "asset" and ' ' no-asset " cases Other commissions and compensations allowed referee, trustee, re- ceiver, or marshal Attorneys' fees All other expenses and costs of administration 1 Total. COSTS IN "NO- ASSET" CASES. Total costs and expenses of "no-asset" cases. * Draw pen through bracketed words not applicable. I CERTIFY that the foregoing is a true statement, as disclosed by the records in the case Date of closing case. Referee in Bankruptcy. 191 Address, ^ Total must balance with total assets realized, etc., or with composition deposit. GENERAL ORDERS IN BANKRUPTCY ADOPTED BY THE SUPREME COURT OF THE UNITED STATES AT THE OCTOBER TERM, 1898. Preamble. In pursuance of the powers conferred by the Constitution and laws upon the Supreme Court of the United States, and particularly by the act of Con- gress approved July 1, 1898, entitled "' An act to establish a uniform system of bankruptcy throughout the United States, it is ordered, on this 28th day of November, 1898, that the following rules be adopted and established as general orders in bankruptcy, to take effect on the first Monday, being the second day, of January, 1899. And it is further ordered that all proceedings in bankruptcy had before that day, in accordance with the act last aforesaid, and being in substantial conformit)' either with the provisions of these general orders, or else with the general orders established by this court under the bank- rupt act of 1867 and with any general rules or special orders of the courts in bankruptcy, stand good, subject, however, to such further regulation by rule or order of those courts as may be necessary or proper to carry into force and effect the bankrupt act of 1898 and the general orders of this court. Cross references : To the la'w: § 30. To the General Orders: XXXVII, XXXVIII. To the Equity Rules : LXXXIX. XC. (See, also, Revised Statutes, §§ 913, 914.) ILLUSTRATIVE CASES. The General Orders were only intended to execute the Act, not to add to its provisiona. West Co. V. Lea, 2 Am. B. R. 463; 174 U. S. 590. In re Cobb, 7 Am. B. R. 202; 112 Fed. 655. In re Ingalls Bros., 13 Am. B. R. 512; 137 Fed. 517. Orcutt Co. V. Green (U. S. Sup.), 17 Am. B. R. 72; 204 U. S. 96. j I. Docket. The clerk shall keep a docket, in which the cases shall be entered and numbered in the order in which they are commenced. It shall contain a memorandum of the filing of the petition and of the action of the court thereon, of the reference of the case to the referee, and of the transmission by him to the clerk of his certified record of the proceedings, with the dates thereof, and 535 536 GENERAL ORDERS JN BANKRUPTCY. a memorandum of all proceedings in the case except those duly entered on the referee's certified record aforesaid. The docket shall be arranged in a manner convenient for reference, and shall at all times be open to public inspection. Cross references: To the la-w : As to commencement of proceedings, § 1 (10); As to duties of the clerk, §§ 51, 71; As to duties of the referee, §§ 29-c, 39-a (7), 42; As to duties of the trustee, §§ 29-c, 49. To the General Orders: II, IV. To the Equity Rules : I-VI, inclusive. II. Filing of Papers. The clerk or the referee shall indorse on each paper filed with him the day and hour of filing, and a brief statement of its character. Cross references: To the law: §§ 18-a, 59-a-b. To the General Orders: VI, IX, XX. III. Process. All process, summons and subpoenas shall issue out of the court, under the seal therof, and be tested by the clerk ; and blanks, with the signature of the clerk and seal of the court, may, upon application, be furnished to the referees. Cross references: To the la-w: As to process in involuntary proceedings, § 18-a (and also under §§ 4 and 5); As to process to witnesses, § 21-a. To the General Orders: VIII. To the Equity Rules : VII to XVI, inclusive. ILLUSTRATIVE CASE. In re Abbey Press (C. C. A. 2nd), 13 Am. B. R. 11 ; 134 Fed. 51. IV. Conduct of Proceedings. Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor; but a creditor will only be allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who shall be an attorney or counselor authorized to practice in the circuit or district court. The name of the attorney or counselor, with his place of business, shall be entered upon the docket, with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be indorsed as above required, and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the act or by these general orders, required to be served on the party personally may be served upon his attorney. Cross references: To the Lavr: As to who may file voluntary petitions, §§ 4-a, 59-a; As to who may file involuntary petitions, § 59-b; As to partnership petitions, § 5; GENERAL ORDERS IN BANKRUPTCY. 537 As to petitions against corporations, §4-1); As to where petitions must be filed, § 2 (1) ; As to appearances, §§ 18 b, 59-f; As to answer and other pleas, g^ 18-d, 59 ; As to notices, § 58. To the General Orders: VI. VIII, IX. XXIII. To the Equity Rules: IV, XVII. and, as to pleadings, generally. ILLUSTRATIVE CASES. In re Gasser, 5 Am. B. R. 32 ; 104 Fed. 537. In re Shaffer, 4 Am. B. R. 728. In re Ilerzikop. 9 Am. B. R. 90; 118 Fed. 101. In re Norton. 17 Am. B. R. 504; 148 Fed. 301. In re Risteen, 10 Am. B. R. 494; 122 Fed. 732. Rogers v. Do Sota, etc.. Mining Co. (C. C. A.), 14 Am. B. R. 252; 136 Fed. 407. In re Blankfein, 3 Am. B. R. 165; 97 Fed. 191. V. Frame of Petitions. All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except where such abbrevia- tion and interlineation may be for the purpose of reference. Cross references: To the la-w: As to petitions, §18-a-c; As to schedules, §7(8); As to referee's duty to examine schedules, etc. , § 39-a (2) ; As to referee's duty to prepare schedules in certain cases, § 39-a (6). To the General Orders : IX, XI. To the Equity Rules : XX to XXV. ILLUSTRATIVE CASES. Mahoney v. Ward, 5 Am. B. R. 770; 100 Fed. 278. Liesum v. Krauss, 35 Misc. (N. Y.) 376; 71 N. Y. 1022. Sutherland v. Lasher, 11 Am. B. R. 780. Haack v. Theise, 16 Am. B. R. 699. VI. Petitions in Different Districts. In case two or more petitions shall be filed against the same individual in different districts, the first hearing shall be had in the district in which the debtor has his domicile, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date than that first alleged, if such earlier act is charged in either of the other petitions: and in case of two or more petitions against the same partnership in different courts, each having jurisdiction over the case, the petition first filed shall be first heard, and may be amended by the insertion of an allegation of an earlier act of bank- ruptcy than that first alleged, if such earlier act is charged in either of the other petitions; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard ; 538 GENERAL ORDERS IN BANKRUPTCY. and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In case two or more petitions shall be filed in different districts by different members of the same partnership for an adjudication of the bankruptcy of said partnership, the court in which the petition is first filed, having jurisdiction, shall take and retain jurisdiction over all proceedings in such bankruptcy until the same shall be closed ; and if such petitions shall be filed in the same district, action shall be first had upon the one first filed. But the court so retaining jurisdiction shall, if satisfied that it is for the greatest convenience of parties in interest that another of said courts should proceed with the cases, order them to be transferred to that court. Cross references: To the law: As to where petitions may be filed, § 1 (2); As to partnership petitions, §5; As to transfer of cases, §§2(19), 32; Also generally to §§2 (19). 18. To the General Orders : IV, VII, VIII. ILLUSTRATIVE CASES. In re Sears, Humbert & Co., 7 Am. B. R. 279; 128 Fed. 275. In re Riggs Restaurant Co., 11 Am. B. R. 508; 130 Fed. 691. In re Tybo Mining & Reduction Co., 13 Am. B. R. 68; 132 Fed. 697. Meaning of "individual." In re United Button Co., 13 Am. B. R. 454; 132 Fed. 378. Domicile. In re Isaacson, 20 Am. B. R. 430; 161 Fed. 779; 8. c. 20 Am. B. R. 437. In re Strait, 2 Am. B. R. 308. In re Waxelbaum, 3 Am. B. R. 392; 98 Fed. 589. In re Elmira Steel Co., 5 Am. B. R. 484. Bradley Lumber Co. v. White, 10 Am. B. R. 329 ; 121 Fed. 779. Gleason v. Smith (C. C. A.), 16 Am. B. R. 602; 145 Fed. 895. Wilder v. Watts, 15 Am. B. R. 57, 68; 138 Fed. 426. In re Hamrick, 23 Am. B. R. 721 ; 175 Fed. 279. VII. Priority of Petitions. Whenever two or more petitions shall be filed by creditors against a common debtor, alleging separate acts of bankruptcy committed by said debtor on different days within four months prior to the filing of said petitions, and the debtor shall appear and show cause against an adjudication of bankruptcy against him on the petitions, that petition shall be first heard and tried which alleges the commission of the earliest act of bankruptcy; and in case the several acts of bankruptcy are alleged in the different petitions to have been committed on the same day, the court before which the same are pending may order them to be consolidated, and proceed to a hearing as upon one petition ; and if an adjudication of bankruptcy be made upon either petition, or for the commission of a single act of bankruptcy, it shall not be necessary to proceed to a hearing upon the remaining petitions, unless proceedings be taken by the GENERAL OKDHKS IN BANKRUPTCY. 539 debtor for the purpose of causing such adjudication to be annulled or vacated. Cross reference : See those to General Order VI, immediately ante. ILLUSTRATWE CASES. In re W. G. Harris, 19 Am. B. R. 204. In re Elmira Steel Co., 5 Am. B. R. 484; 109 Fed. 456. VIII. Proceedings in Partnership Cases. Any member of a partnership, who refuses to join in a petition to have the partnership declared bankrupt, shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership, and notice of the filing of the petition shall be given to him in the same manner as provided by law and by these rules in the case of a debtor petitioned against; and he shall have the right to appear at the time fixed by the court for the hearing of the petition, and to make proof, if he can, that the partnership is not insolvent or has not committed an act of bankruptcy, and to make all defenses which any debtor proceeded against is entitled to take by the provisions of the act ; and in case an adjudication of bankruptcy is made upon the petition, such partner shall be required to file a schedule of his debts and an inventory of his property in the same manner as is required by the act in cases of debtors against whom adjudication of bankruptcy shall be made. Cros3 references : To the lavr : §§ 5, 18. To the General Orders : VI, VII. ILLUSTRATIVE CASES. In re Murray & Winters, 3 Am. B. R. 90. In re Russell, 3 Am. B. R. 91. In re Murray et al., 3 Am. B. R. 601 ; 96 Fed. 600. In re J. M. Ceballos & Co., 20 Am. B. R. 459; B. c. 20 Am. B. R. 467. In re Solomon & Carrol, 20 Am. B. R. 488. Dickas v. Barnes, 15 Am. B. R. 566. In re Freund, 1 Am. B. R. 25. In re Carleton, 8 Am. B. R. 270; 115 Fed. 246. In re Junck v. Baltliazard. 169 Fod. 481. In re Forbes, 11 Am. B. R. 787; 128 Fed. 137. IX. Schedule in Involuntary Bankruptcy. In all cases of involuntary bankruptcy in which the bankrupt is absent or cannot be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a schedule giving the names and places of residence of all the creditors of the bankrupt, according to the best in- 540 GENERAL ORDERS IN BANKRUPTCY. formation of the petitioning creditor. If the debtor is found, and is served with notice to furnish a schedule of his creditors and fails to do so, the peti- tioning creditor may apply for an attachment against the debtor, or may him- self furnish such schedule as aforesaid. Cross references : To the law : As to bankrupt's duty to file schedules, § 7 (8) ; As to referee's, § 39-a (6). To the General Orders : V. ILLUSTRATIVE CASE. Dismissal of petition. In re Levi & Klauber, 15 Am. B. R. 294; 142 Fed. 443. X. Indemnity for Expenses. Before incurring any expense in publishing or mailing notices, or in travel- ing, or in procuring the attendance of witnesses, or in perpetuating testimony, the clerk, marshal or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person, shall be repaid him out of the estate as part of the cost of administering the same. Cross references: To the law: As to publishing and mailing notices, §58; As to examinations of the bankrupt or others, §§ 7 (9), 21 -a; As to marshal's expenses, § 52 ; As to clerk's expenses, §§ 24, 25, 52, 71 ; In general, §§ 62, 64-b (3). To the General Orders : IX, XII, XXII, XXVI, XXXV. ILLUSTRATIVE CASES. Bankrupt entitled to reimbursement of necessary costs upon application for discharge. In re Hatcher, 16 Am. B. R. 722; 145 Fed. 658. In re Burke, 6 Am. B. R. 502. In re Smith, 5 Am. B. R. 559. In re Plimpton, 4 Am. B. R. 614. In re Matthews, 3 Am. B. R. 265; 97 Fed. 773. In re Sanborn, 12 Am. B. R. 131 ; 131 Fed. 397. ZI. Amendments. The court may allow amendments to the petition and schedules on applica- tion of the petitioner. Amendments shall be printed or written, signed and verified, like original petitions and schedules. If amendments are made to separate schedules, the same must be made separately, with proper references. In the application for leave to amend, the petitioner shall state the cause of the error in the paper originally filed. Cross references : To the law : §§ 2 (6), (15); § 39-a (2). To the Equity Rules: XXVIII to XXX. GENERAL ORDERS IN BANKRUPTCY. 541 ILLUSTRATIVE CASES. In re Goodman (C. C. A. 5th Cir.), 23 Am. B. R. 504. In re Steveusou, 2 Am. B. R. 66; 94 Fed. 110. Burke v. Guarautce Title & Trust Co. (C. C. A.), 15 Am. B. R. 81; 134 Fed. 562. In re Haff, 13 Am. B. R. 363, 366; 135 Fed. 742. In re Portner, 18 .Vm. B. R. 89; 149 Fed. 799. In re Bellab, 8 Am. B. H. 310; 116 Fed. 49. Gleason v. Smith, Perkins 6c Co., 16 Am. B. R. 605; 145 Fed. 895. In re Fisher, 15 Am. B. R. 654; 142 Fed. 205. In re Pure ^Ulk Co. of Mobile. 18 Am. B. R. 735 ; 154 Fed. 682. In re Haff, 136 Fed. 78; 68 C. C. A. 646. XII. Duties of Referee. 1. The order referring a case to a referee shall name a day upon which the bankrupt shall attend before the referee; and from that day the bankrupt shall be subject to the orders of the court in all matters relating to his bank- ruptcy, and may receive from the referee a protection against arrest, to con- tinue until the final adjudication on liis application for a discharge, unless suspended or vacated by order of the court. A copy of the order shall forth- with be sent by mail to the referee, or be delivered to him personally by the clerk or other officer of the court. And thereafter all the proceedings, except such as are required by the act or by these general orders to be had before the judge, shall be had before the referee, 2. The time when and the place where the referees shall act upon the matters arising under the several cases referred to them shall be fixed by special order of the judge, or by the referee ; and at such times and places the referees may perform the duties which they are empowered by the act to perform. 3. Applications for a discharge, or for the approval of a composition, or for an injunction to stay proceedings of a court or officer of the United States, or of a State, shall be heard and decided by the judge. But he may refer such an application, or any specified issue arising thereon, to the referee to ascertain and report the facts. Cross references : To the law : As to general jurisdiction and powers of referee §^38, 39; As to orders of reference, §§18-f-g, 22; Astotimeand place when duties of referee will be performed, § 55; As tolimitations on powers of referee, §§ 12-d, 14-b, 38-a (4), 39-b; As to allowance of claims. §57; As to bankrupt's subjection to orders of court, § 7 (2); As to orders of protection, ^ 9-a. To the General Orders: IX, XI. XVI, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXIX. XXX, XXXIII. XXXV. ILLUSTRATIVE CASES. In re Dresser, 10 Am. B. R. 270. In re Lewensohn, 3 Am. B. R. 594. In re McDufF, 4 Am. B. R. 110; 101 Fed. 241. National Bank v. Katz, 1 Am. B. R. 19. In re Huddleston, 1 Am. B. R. 572. 542 GENERAL ORDERS IN BANKRUPTCY. In re Florcken, 5 Am. B. R. 802; 107 Fed. 241. In re Scott, 7 Am. B. R. 35. In re Raucbenplat, 9 Am. B. R. 763. In re Adler (C. C. A.), 16 Am. B. R 114; 144 Fed. 659. In re Knopf. 16 Am. B. R. 432; 144 Fed. 245. In re Berkowitz, 16 Am. B. R. 251 ; 143 Fed. 598. In re Benjamin. 15 Am. B. R. 351, 352; 140 Fed. 320. In re Romine, 14 Am. B. R. 785; 138 Fed. 837. In re Abbey Press (C. C. A.), 13 Am. B. R. 11, 14; 134 Fed. 51. In re Siebert. 13 Am. B. R. 348; 133 Fed. 781. In re Drayton, 13 Am. B. R. 602; 135 Fed. 883. In re Lesser Bros. , 5 Am. B. R. 320. In re Steuer, 5 Am. B. R. 209. In re Sonnabend. 18 Am. B. R. 117. Knapp & Spencer Co. v. Drew, 20 Am. B. R. 355; 160 Fed. 413; 87 C. C. A. 365. In re Wilcox, 156 Fed. 685. In re Quackenbush, 4 Am. B. R. 274; 102 Fed. 282. XIII. Appointment and Removal of Trustee. The appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge; and he shall be removable by the judge only. Cross references: To the law: As to appointment of trustees, §§ 2 (17), 44, 45, 56; As to removal of trustees, § 46. To the General Orders : XIV, XV, XVI, XVII, XXV. ILLUSTRATIVE CASES. In re Kenny & Co., 14 Am. B. R. 611. In re Hare. 9 Am. B. R. 520; 119 Fed. 246. In re Hanson, 19 Am. B. R. 235. In re Eastlake. 16 Am. B. R. 529; 145 Fed. 68. Falter v. Reinhard, 4 Am. B. R. 782 ; 104 Fed. 292. In re Henschel, 6 Am. B. R. 25; s. c. in higher courts, 6 Am. B. R. 305; 109 Fed. 861*. 7 Am. B. R. 662; 113 Fed. 443. In re Machin, 11 Am. B. R. 449; 128 Fed. 316. In re Van De Mark. 23 Am. B. R. 760; 175 Fed. 287. In re Cooper, 14 Am. B. R. 320; 135 Fed. 196. In re Rekersdres, 5 Am. B. R. 155; 106 Fed. 57. In re Blue Ridge Packing Co., 11 Am. B. R. 36; 125 Fed. 620. In re Gordon Supply & Mf'g Co., 12 Am. B. R. 94; 129 Fed. 622. XIV. No Ofl&cial or General Trustee. No official trustee shall be appointed by the court, nor any general trustee to act in classes of cases. GENERAL ORDERS IN BANKRUPTCY. 543 XV. Trustee not Appointed in Certain Cases. If the schedule of a voluntary bankrupt discloses no assets and if no creditor appears at the first meeting, the court may, by order setting out the facts, direct that no trustee be appointed; but at any time thereafter a trustee may be appointed, if the court shall deem it desirable. If no trustee is appointed as aforesaid, the court may order that no meeting of the creditors other than the first meeting shall be called. Cross references: To the law: §§ 2 (17), 44, 45, 56. See, also, §§ 6 and 47-a (11), and read § 2 (11). To the General Orders: XIII. XIV. ILLUSTRATIVE CASES. In re Soper. 1 Am. B. R. 193. In re Rung Bros., 2 Am. B. R. 620. Clark V. Pidcock (C. C. A. 3rd Cir.), 12 Am. B. R. 309; 129 Fed. 745. Smalley v. Laugenour, 13 Am. B. R. 692 ; 196 U. S. 93. XVI. Notice to Trustee of His Appointment. It shall be the duty of the referee, immediately upon the appointment and approval of the trustee, to notify him in person or by mail of his appointment ; and the notice shall require the trustee forthwith to notify the referee of his acceptance or rejection of the trust, and shall contain a statement of the penal sum of the trustee's bond. Cross references : To the law: §§ 44, 50-a-j-k. To the General Orders : XIII. XVII. Duties of Trustee. The trustee shall, immediately upon entering upon his duties, prepare a com- plete inventory of all the property of the bankrupt that comes into his posses- sion. The trustee shall make report to the court, within twenty days after receiving the notice of his appointment, of the articles set off to the bankrupt by him, according to the provisions of the forty-seventh section of the act, with the estimated value of each article, and any creditor may take exceptions to the determination of the trustee within twenty days after the filing of the report. The referee may require the exceptions to be argued before him, and shall certify them to the court for final determination at the request of either party. In case the trustee shall neglect to file any report or statement which it is made his duty to file or make by the act, or by any general order in bankruptcy, within five days after the same shall be due, it shall be the duty of the referee to make an order requiring the trustee to show cause before the judge, at a time specified in the order, why he should not be removed from office. The referee 544 GENERAL ORDERS IN BANKRUPTCY. shall cause a copy of the order to be served upon the trustee at least seven days before the time fixed for the hearing, and proof of the service thereof to be delivered to the clerk. All accounts of trustees shall be referred as of course to the referee for audit, unless otherwise specially ordered by the court. Cross references: To the law: Duties of trustees, ia general, §§ 47, 49; As to filing bonds, § 50; As to exemptions, §§ 6, 7 (8), 47 a (11), as perhaps limited by § 2(11); as to appraisals and sales, § 70-b, To the General Orders : XVIII, XXI (6) XXV, XXVIII, XXIX, XXXIII, XXXV. ILLUSTRATIVE CASES. In re Manning, 7 Am. B. R. 571 ; 113 Fed. 948. In re TYhite, 4 Am. B. R. 613; 103 Fed. 774. The bankrupt as well as creditor may except to trustee's report on exempt property. In re Camp, 1 Am. B. R. 165, 91 Fed. 745. In re Rung Bros. 3 Am. B. R. 630. In re Smith, 2 Am. B. R. 190; 93 Fed. 791. In re Campbell, 10 Am. B. R. 733; 134 Fed. 417. In re Ellis, 10 Am. B. R. 754. In re Ingalls Bros. 13 Am. B. R. 513, 515; 137 Fed. 517. As to setting off exemptions, see in re McClintock, 13 Am. B. R. 606. In re Allen, 13 Am. B. R. 518, 531 ; 134 Fed. 630. In re Wunder, 13 Am. B. R. 701; 133 Fed. 821. Trustee a creditor within meaning of this order. In re Rice, 31 Am. B. R. 303. AVhen bankrupt may be denied right of exemption. In re Rice (supra). In re Leverton, 19 Am. B. R. 436. In re Amos 19 Am. B. R. 804. In re White (D. C. Mo.), 6 Am. B. R. 451 ; 109 Fed. 635. XVIII. Sale of Property. 1. All sales shall be by public auction unless otherwise ordered by the court. 2. Upon application to the court, and for good cause shown, the trustee may be authorized to sell any specified portion of the bankrupt's estate at private sale ; in which case he shall keep an accurate account of each article sold, and the price received therefor, and to whom sold; which account he shall file at once with the referee. 3. Upon petition by a bankrupt, creditor, receiver, or trustee, setting forth that a part or the whole of the bankrupt's estate is perishable, the nature and location of such perishable estate, and that there will be loss if the same is not sold immediately, the court, if satisfied of the facts stated and that the sale is required in the interest of the estate, may order the same to be sold, with or without notice to the creditors, and the proceeds to be deposited in court. Cross references : To the law : § 70-b, and as to notices, § 58-a (4). To the General Orders: None. GENERAL ORDERS IN BANKRUPTCY. 545 ILLUSTRATIVE CASES. In re Carleton, 8 Am. B. R. 270. In re Styer, 3 Am. B. R. 424. In re Hawkins, 11 Am. B. R. 49; 125 Fed. 633. In re Edes, 14 Am. B. R. 382; 135 Fed. 595. In re Abbey Press (C. C. A. 2nd Cir.). 13 Am. B. R. 11. In re Milne Manfg Co., 21 Am. B. R. 468. In re Beutel's Sous, 7 Am. B. R. 768. In re Harris 19 Am. B. R. 635; 155 Fed. 216. XIX. Accounts of Marshal. The marshal shall make return, under oath, of his actual and necessary ex- penses in the service of every warrant addressed to him, and for custody of property, and other services, and other actual and necessary expenses paid by him, with vouchers therefor whenever practicable, and also with a statement that the amounts charged by him are just and reasonable. Cross references : To the law : §§ 2 (3) (5), 3-e, 52, 69. To the General Orders: X. XX. Papers Filed After Reference. Proofs of claims and other papers filed subsequently to the reference, except such as call for action by the judge, may be filed either with the referee or with the clerk. Cross references : To the law : As to the duty of referees concerning papers filed with them. § 39a ; As to clerk's duties concerning same, § 51(3). See, also, § 42-b. To the General Orders : XXIV. XXI. Proof of Debts. 1. Depositions to prove claims against a bankrupt's estate shall be correctly entitled in the court and in the cause. When made to prove a debt due to a partnership, it must appear on oath that the deponent is a member of the part- nership ; when made by an agent, the reason the deposition is not made by the claimant in person must be stated ; and when made to prove a debt due to a corporation, the deposition shall be made by the treasurer, or, if the corpora- tion has no treasurer, by the officer wliose duties most nearly correspond to those of treasurer. Depositions to prove debts existing in open account shall state when the debt became or will become due; and if it consists of items maturing at different dates the average due date shall be stated, in default of which it shall not be necessary to compute interest upon it. All such deposi- tions shall contain an averment that no note has been received for such account, nor any judgment rendered thereon. Proofs of debt received by any trustee shall be delivered to the referee to whom the cause is referred. 546 GENERAL ORDERS IN BANKRUPTCY. 2. Any creditor may file with the referee a request that all notices to which he may be entitled shall be addressed to him at any place, to be designated by the post-office box or street number, as he may appoint; and thereafter, and until some other designation shall be made by such creditor, all notices shall be so addressed; and in other cases notices shall be addressed as specified in the proof of debt. 3. Claims which have been assigned before proof shall be supported by a deposition of the owner at the time of the commencement of proceedings, setting forth the true consideration of the debt, and that it is entirely un- secured, or if secured, the security, as is required in proving secured claims. Upon the filing of satisfactory proof of the assignment of a claim proved and entered on the referee's docket, the referee shall immediately give notice by mail to the original claimant of the filing of such proof of assignment; and, if no objection be entered within ten days, or within further time allowed by the referee, he shall make an order subrogating the assignee to the original claimant. If objection be made, he shall proceed to hear and determine the matter. 4. The claims of persons contingently liable for the bankrupt may be proved in the name of the creditor when known by the party contingently liable. When the name of the creditor is unknown, such claim may be proved in the name of the party contingently liable ; but no dividend shall be paid upon such claim, except upon satisfactory proof that it will diminish pro ianto the original debt. 5. The execution of any letter of attorney to represent a creditor, or of an assignment of claim after proof, may be proved or acknowledged before a referee, or a United States commissioner, or a notary public. When executed on behalf of a partnership or of a corporation, the person executing the instru- ment shall make oath that he is a member of the partnership, or a duly authorized officer of the corporation on whose behalf he acts. When the person executing is not personally known to the officer taking the proof or acknowl- edgment, his identity shall be established by satisfactory proof. 6. When the trustee or any creditor shall desire the re-examination of any claim filed against the bankrupt's estate, he may apply by petition to the referee to whom the case is referred for an order for such re-examination, and there- upon the referee shall make an order fixing a time for hearing the petition, of which due notice shall be given by mail addressed to the creditor. At the time appointed the referee shall take the examination of the creditor, and of any witnesses that may be called by either party, and if it shall appear from such examination that the claim ought to be expunged or diminished, the referee may order accordingly. Cross references: To the law: As to proof of debts generally, §§ 2(2), 57; As to provable debts, § 63; As to set-off of debts, §§ 60-c, 68. To the General Orders : XXIV, XXVIII, XXXUI. GENERAL ORDERS IN BANKRUPTCY. 547 ILLUSTRATIVE CASES. In re Sugenheimer, 1 Am. B. R. 425; 91 Fed. 744. In re Scott, 1 Am. B. R. 553; 93 Fed. 418. In re Blaukfeiu. 3 Am. B. 11. 165; 97 Fed. 191. In re Rider, 3 Am. B. R. 192; 96 Fed. 811. In re Finluy, 3 Am. B. R. 738. In re Reliance Storage, etc., Co. , 4 Am. B. R. 49 ; 100 Fed. 619. In re Doty, 5 Am. B. R. 58. In re Chambers, etc., Co., 6 Am. B. R. 707. In re Levy. 7 Am. B. R. 56. In re Lyon. 7 Am. B. R. 61. In re Blue Ridge Packing Co., 11 Am. B. R. 36; 125 Fed. 619. In re Lewensohn. 9 Am. B. R. 368; 121 Fed. 1. Fitch V. Richardson (C. C. A.), 16 Am. B. R. 835; 147 Fed. 196. In re Columbia Iron Works, 14 Am. B. R. 526, 535 ; 142 Fed. 234. In re Pettingill & Co., 14 Am. B. R. 763. Filing claims in bauds of trustee. In re Ingalls Bros., 13 Am. B. R. 512; 137 Fed. 517. In re E. Reboulin Fils & Co., 19 Am. B. R. 215. J. B. Orcutt Co. et al v. Green (U. S. Sup.). 17 Am. B. R. 72; 204 U. S. 96; rev'g 13 Am. B. R. 512. In re Stoever, 5 Am. B. R. 250; 105 Fed. 355. In re John Osborne's Sons & Co., Inc., 24 Am. B. R. 65; 177 Fed. 184. XXII. Taking of Testimony. The examination of witnesses before the referee may be conducted by the party in person or by his counsel or attorney, and the witnesses shall be sub- ject to examination and cross-examination, which shall be had in conformity with the mode now adopted in courts of law. A deposition taken upon an examination before a referee shall be taken down in writing by him, or under his direction, in the form of narrative, unless he determines that the examina- tion shall be by question and answer. When completed it shall be read over to the witness and signed by him in the presence of the referee. The referee shall note upon the deposition any question objected to, with his decision thereon ; and the court shall have power to deal with the costs of incompetent, immaterial, or irrelevant depositions, or parts of them, as may be just. Cross references : To the law : As to examinations, §§ 7 (9), 21, 38 a (2) ; As to costs. § 2(18), To the General Orders: XXII. To the Equity Rules : LXVII to LXIX. ILLUSTRATIVE CASES. In re Hoyt & Mitchell. 11 Am. B. R. 785. Referee must receive all the evidence noting objections and may refuse to stop pro- ceedings and certify questions. Bank of Ravenswood v. Johnson, 16 Am. B. R. 206 ; 143 Fed. 463. In re Sturgeon (C. C. A. 2nd Cir.). 14 Am. B. R. 681 ; 139 Fed. 608. See, In re Romine, 14 Am. B. R. 785, 788; 138 Fed. 837. 548 GENERAL ORDERS IN BANKRUPTCY. See, Dowagiac Mf' g Co. v. Lochren, 143 Fed. 211. See, Contra In re "Wildes' Sons, 11 Am. B. R. 714. In re Lipsett Co., 9 Am. B. R. 32. Dressel v. North State Lumber Co., 9 Am. B. R. 541. In re Isaacson, 23 Am. B. R. 665 ; 175 Fed. 292. U. S. V. Liberman, 23 Am. B. R. 734. In re "Williams (D. C. Tenn.), 10 Am. B. R. 538; 123 Fed. 321. XXIII. Orders of Referee. In all orders made by a referee, it shall be recited, according as the fact may be, that notice was given and the manner thereof; or that the order was made by consent; or that no adverse interest was represented at the hearing; or that the order was made after hearing adverse interests. Cross references : To the la'w : Generally, To the General Orders: IV, XII. To the Equity Rules : LXXXV, LXXXVI. ILLUSTRATIVE CASES. Faulk & Co. V. Steiner et al., 21 Am. B. R. 623; 165 Fed. 861. In re Abbey Press (C. C. A. 2nd Cir.), 13 Am. B. R. 11 ; 134 Fed. 51. XXIV. Transmission of Proved Claims to Clerk. The referee shall forthwith transmit to the clerk a list of the claims proved against an estate, with the names and addresses of the proving creditors. Cross references : To the law : §§ 39-a, 57. To the General Orders : XII, XX. XXV. Special Meeting of Creditors. Whenever, by reason of a vacancy in the office of trustee, or for any other cause, it becomes necessary to call a special meeting of the creditors in order to carry out the purposes of the act, the court may call such a meeting, specifying in the notice the purpose for which it is called. Cross references : To the law : As to meetings of creditors, § 55 ; As to meeting for choice of n(!W trustee, § 44; As to notices of meetings, § 58. To the General Orders : XIII. ILLUSTRATIVE CASE. In re Lewensohn, 3 Am. B. R. 299 ; 98 Fed. 576. GENERAL ORDERS IN BANKRUPTCY. 549 XXVI. Accounts of Referee. Every referee shall keep an accurate account of his traveling and incidental expenses, and of those of any clerk or any officer attending him in the perform- ance of his duties in any case which may be referred to him ; and shall make return of the same under oath to the judge, with proper vouchers when vouchers can be procured, on the first Tuesday in each month. Cross references : To the law : §§ 9-a, 42. To the General Orders : X, XXXV (2), and, by analogy, XIX. ILLUSTRATIVE CASES. In re Todd, 6 Am. B. R. 88; 106 Fed. 265. In re Mammoth Pine Lumber Co., 8 Am. B. R. 651 ; 109 Fed. 308. In re Daniels, 12 Am. B. R. 446; 130 Fed. 597. XXVII. Review by Judge. When a bankrupt, creditor, trustee, or other person shall desire a review by the judge of any order made by the referee he shall file with the referee, his petition therefor, setting out the error complained of; and the referee shall forthwith certify to the judge the question presented, a summary of the evidence relating thereto, and the finding and order of the referee thereon. Cross references: To the law: §§ 2 (10), 38-a, 39-a (5). To the General Orders : By analogy, XXXVI. ILLUSTRATIVE CASES. In re Schiller, 2 Am. B. R. 704; 96 Fed. 400. In re Scott, 3 Am. B. R. 625; 99 Fed. 404. Cunningham v. Bank, 4 Am. B. R. 192; 103 Fed. 932. In re Chambers. 6 Am. B. R. 709. In re De Gottardi, 7 Am. B. R. 723. In re Koenig, 11 Am. B. R. 617. Allgair v. Fisher & Co., 16 Am. B. R. 278; 143 Fed. 962. Bank of Ravenswood v. Johnson, 16 Am. B. R. 206; 143 Fed. 468. In re Pettengill, 15 Am. B. R. 757, 761 ; 135 Fed. 218. In re Foss, 17 Am B. R. 439; 147 Fed. 790. In re Ilenschel. 12 .\m. B. R. 31. In re Kurtz, 11 Am. B. R. 129; 125 Fed. 992. In re Russell. 5 Am. B. R. 566. In re Hoyt & Mitchell, 11 Am. B. R. 785. In re Home Discount Co., 17 Am. B. R. 168; 147 Fed. 538. In re Gmnt, 16 Am. B. R. 256; 143 Fed. 661. In re Romine, 14 Am. B. R. 785, 789; 138 Fed. 837. In re Abbey Press (C. C. A. 2nd Cir.), 13 Am. B. R. 11. A referee may not review his own order upon exceptions thereto. In re Greek Mf'g Co. (D. C. Pa.), 21 Am. B. R. 111. 550 GENERAL ORDERS IN BANKRUPTCY. Referee must summarize the evidence. Crim V. Woodford (C. C. A. 4th Cir.), 14 Am. B. R. 302, 304; 136 Fed. 34. In re Fisher, 14 Am. B. R. 366 ; 135 Fed. 223. In re Reukauff, Sons & Co., (Inc.) 14 Am. B. R. 344; 135 Fed. 251. In re Clarke Coal & Coke Co., 23 Am. B. R. 273 Knapp & Spencer Co. v. Drew, 20 Am. B. R. 355; 160 Fed. 413; 87 C. C. A. 365. 1st Nat. Bank v. Pearcy, 133 Fed. 1019; 66 C. C. A. 125. In re Marks (D. C. Pa.). 22 Am. B. R. 568; 171 Fed. 281. Craddock-Terry Co. v. Kaufman, 23 Am. B. R. 724; 175 Fed. 303. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. "West V. McLaughlin Co., 20 Am. B. R. 654. In re T. M. Lesher & Son. 176 Fed. 650. XXVIII. Redemption of Property and Compounding of Claims. Whenever it may be deemed for the benefit of the estate of a bankrupt to redeem and discharge any mortgage or other pledge, or deposit or lien, upon any property, real or personal, or to relieve said property from any conditional contract, and to tender performance of the conditions thereof, or to compound and settle any debts or other claims due or belonging to the estate of the bank- rupt, the trustee, or the bankrupt, or any creditor who has proved his debt, may file his petition therefor ; and thereupon the court shall appoint a suitable time and place for the hearing thereof, notice of which shall be given as the court shall direct, so that all creditors and other persons interested may appear and show cause, if any they have, why an order should not be passed by the court upon the petition authorizing such act on the part of the trustee. Cross references : To the la'w : As to redemption of property from liens, none, save by analogy. §§ 2 (7), 67; As to compounding of claims, §§ 27, 58-a(7), and, by analogy §26. To the General Orders : XXXIII. ILLUSTRATIVE CASES. In re Mammoth Pine Lumber Co., 8 Am. B. R. 651 ; 109 Fed. 308. In re Wolf & Levy, 10 Am. B. R. 153; 122 Fed. 127 In re Grainger, 20 Am. B. R. 166; 160 Fed. 69. XXIX. Payment of Moneys Deposited. No moneys deposited as required by the act shall be drawn from the de- pository unless by check or warrant, signed by the clerk of the court, or by a trustee, and countersigned by the judge of the court, or by a referee designated for that purpose, or by the clerk or his assistant under an order made by the judge, stating the date, the sum, and the account for which it is drawn; and an entry of the substance of such check or warrant, with the date thereof, the sum drawn for, and the account for which it is drawn, shall be forthwith made in a book kept for that purpose by the trustee or his clerk ; and all checks and GENERAL ORDERS IN BANKRUPTCY. 551 drafts shall be entered in the order of time in which they are drawn, and shall be numbered in the case of each estate. A copy of this general order shall be furnished to the depository, and also the name of any referee or clerk authorized to countersign said checks. Cross references: To the law: §§ 47-a, 61. ILLUSTRATIVE CASES. In re Cobb. 7 Am. B. R. 202; 112 Fed. 655. In re Hoyt, 9 Am. B. R. 574; 119 Fed. 987. Huttig Mf g Co. V. Edwards, 20 Am. B. R. 349. In re Carr. 9 Am. B. R. 58; 117 Fed. 572. In re Hoyt & Mitchell, 11 Am. B. R. 784; 127 Fed. 968. XXX. Imprisoned Debtor. If, at the time of preferring his petition, the debtor shall be imprisoned, the court, upon application, may order him to be produced upon habeas corpus, by the jailer or any officer in whose custody he may be, before the referee, for the purpose of testifying in any matter relating to his bankruptcy; and, if committed after the filing of his petition upon process in any civil action founded upon a claim provable in bankruptcy, the court may, upon like ap- plication, discharge him from such imprisonment. If the petitioner, during the pendency of the proceedings in bankruptcy, be arrested or imprisoned upon process in any civil action, the district court, upon his application, may issue a writ of habeas corpus to bring him before the court to ascertain whether such process has been issued for the collection of any claim provable in bankruptcy, and if so provable he shall be discharged ; if not, he shall be remanded to the custody in which he may lawfully be. Before granting the order for discharge the court shall cause notice to be served upon the creditor or his attorney, so as to give him an opportunity of appearing and being heard before the granting of the order. Cross references : To the law : § 9a. To the General Orders: XII (1). ILLUSTRATIVE CASES. In re Marcus, 5 Am. B. R. 365; 105 Fed. 907. In re Claiborne, 5 Am. B. R. 812; 109 Fed. 74. In re Fife, 6 Am. B. R. 258; 109 Fed. 880. Barrett v. Prince (C. C. A.), 16 Am. B. R. 64; 143 Fed. 802. In re Adler, 16 Am. B. R. 414; 144 Fed. 659. People ex rel. Taranto v. Erlanger, 13 Am. B. R. 197; 132 Fed. 888. In re Dresser, 10 Am. B. R. 270. In re Lewensohn, 3 Am. B. R. 594; 99 Fed. 73. In re Hilton, 4 Am. B. R. 774; 104 Fed. 981. In re Baker, 3 Am. B. R. 101 ; 96 Fed. 954. Knott V. Putnam, 6 Am. B. R. 80; 107 Fed. 907. 562 GENERAL ORDERS IN BANKRUPTCY. ZXXI. Petition for Discharge. The petition of a bankrupt for a discharge shall state concisely, in accord- ance with the provisions of the act and the orders of the court, the proceedings in the case and the acts of the bankrupt. Cross references : To the law : §§ 14, 18-c. To the General Orders : XXXII. To the Equity Rules : XX to XXV. ILLUSTRATIVE CASES. In re Soper & Slada. 1 Am. B. R. 193. In re Glass, 9 Am. B. R. 391 ; 119 Fed. 509. XXXII. Opposition to Discharge or Composition. A creditor opposing the application of a bankrupt for his discharge, or for the confirmation of a composition, shall enter his appearance in opposition thereto on the day when the creditors are required to show cause, and shall file a specification in writing of the grounds of his opposition within ten days thereafter, unless the time shall be enlarged by special order of the judge. Cross references : To the law : §§ 12, 14. To the General Orders : IV, XXXI. ILLUSTRATIVE CASES. In re Clothier, 6 Am. B. R. 203; 105 Fed. 199. In re Gasser, 5 Am. B. R. 32; 104 Fed. 537. In re Albrecht, 5 Am. B. R. 223; 104 Fed. 974. Adler v. Jones. 6 Am. B. R. 245; 109 Fed. 967. Ross V. Saunders, 5 Am. B. R. 350. In re Holman, 1 Am. B. R. 600; 92 Fed. 512. In re Hixon, 1 Am. B. R. 610; 93 Fed. 440. In re Grant, 14 Am. B. R. 398; 135 Fed. 889. In re Ginsburg, 12 Am. B. R. 459; 130 Fed. 627. In re Levy, 13 Am. B. R. 312; 133 Fed. 572. In re J. J. Young. 20 Am. B. R. 697. In re Nathanson, 18 Am. B. R. 252. In re Osborne, 8 Am. B. R. 165. In re Levin, 176 Fed. 177. XXXIII. Arbitration. Whenever a trustee shall make application to the court for authority to submit a controversy arising in the settlement of a demand against a bankrupt's estate, or for a debt due to it, to the determination of arbitrators, or for au- thority to compound and settle such controversy by agreement with the other GENERAL ORDERS IN BANKRUPTCY. 553 party, the application shall clearly and distinctly set forth the subject-matter of the controversy, and the reasons why the trustee thinks it proper and most for the interest of the estate that the controversy should be settled by arbitra- tion or otherwise. Cross references : To the law : §§ 26, 58-a (7), and, by analogy, § 27. To the General Orders: By analogy, XXVIII. ILLUSTRATIVE CASE. In re ffixon, 1 Am. B. R. 610; 93 Fed. 440. XXXIV. Costs in Contested Adjudications. In cases of involuntary bankruptcy, when the debtor resists an adjudication, and the court, after hearing, adjudges the debtor a bankrupt, the petitioning creditor shall recover, and be paid out of the estate, the same costs that are allowed to a party recovering in a suit in equity; and if the petition is dis- missed, the debtor shall recover like costs against the petitioner. Cross references : To the law : §§ 2 (18), 3-e. To the General Orders : By analogy, X. ILLUSTRATIVE CASES. In re Ghiglione, 1 Am. B. R. 580; 93 Fed. 186. In re Philadelphia and Lewes Transportation Co., 11 Am. B. R. 444; 127 Fed. 896. Selkregg v. Hamilton. 16 Am. B. R. 474; 144 Fed. 557. In re Hines, 16 Am. B. R. 588; 144 Fed. 142. Hoffschlaeger Co. v. Young Nap, 12 Am. B. R. 526. In re Barnet, 12 Am. B. R. 626; 113 Fed. 107. XXXV. Compensation of Clerks, Referees and Trustees. 1. The fees allowed by the act to clerks shall be in full compensation for all services performed by them in regard to filing petitions or other papers re- quired by the act to be filed with them, or in certifying or delivering papers or copies of records to referees or other officers, or in receiving or paying out money; but shall not include copies furnished to other persons, or expenses necessarily incurred in publishing or mailing notices or other papers. 2. The compensation of referees, prescribed by the act, shall be in full com- pensation for all services performed by them under the act, or under these general orders; but shall not include expenses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating testimony, or other expenses necessarily incurred in the performance of their duties under the act and allowed by special order of the judge. 3. The compensation allowed to trustees by the act shall be in full compensa- tion for the services performed by them ; but shall not include expenses neces- 554 GENERAL ORDERS IN BANKRUPTCY. sariiy incurred in the performance of their duties and allowed upon the settle- ment of their accounts. 4. In any case in which the fees of the clerk, referee and trustee are not required by the act to be paid by a debtor before filing his petition to be ad- judged a bankrupt, the judge, at any time during the pendency of the proceed- ings in bankruptcy, may order those fees to be paid out of the estate; or may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed. He may also, pending such proceedings, both in voluntary and involuntary cases, order the commissions of referees and trustees to be paid immediately after such commissions accrue and are earned. Cross references: To the la-w; As to compensation of clerks, §§ 51, 71. As to compensation of referees, §§ 40, 72. As to compensation of trustees, §§ 48, 72. As to Pauper cases, § 51 -a (2). To the General Orders : X, XII, XVII, XIX, XXVI, XXIX. ILLUSTRATIVE CASES. In re Collier, 1 Am. B. R. 182; 93 Fed. 191. In re Langslow, 1 Am. B. R. 258: 98 Fed. 869. In re Felsou, 15 Am. B. R. 185, 194; 139 Fed. 275. In re Pierce, 6 Am. B. R. 747. In re Epstein, 6 Am. B. R. 191 ; 109 Fed. 878. In re Plimpton, 4 Am. B. R. 614. Compensation of Referee. Bray. Trustee v. Johnson, Referee et al. (C. C. A. 4th Cir.), 21 Am. B. R. 383. Trustee's Expenses. In re Hart & Co., 17 Am. B. R. 480. In re Wilcox, 19 Am. B. R. 241 ; 156 Fed. 685. Fees of Clerks. In re Dunn Hardware & Furniture Co., 14 Am. B. R. 186; 134 Fed. 997. In re Screws, 17 Am. B. R. 269; 147 Fed. 989. Dressel v. North State Lumber Co., 9 Am. B. R. 541; 119 Fed. 531. In re Dixon, 8 Am. B. R. 145 ; 114 Fed. 675. Sellers v. Bell, 2 Am. B. R. 529; 94 Fed. 801. XXXVI. Appeals. 1. Appeals from a court of bankruptcy to a circuit court of appeals, or to the supreme court of a Territory, shall be allowed by a judge of the court appealed from or of the court appealed to, and shall be regulated, except as otherwise provided in the act, by the rules governing appeals in equity in the courts of the United States. 2. Appeals under the act to the Supreme Court of the United States, from a circuit court of appeals, or from a supreme court of a Territory, or from the Supreme Court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or decree, and GENERAL ORDERS IN BANKRUPTCY. 555 shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States. 3. In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall, at or before the time of entering its judgment or decree, make and file a finding of the facts, and its conclusions of law thereon, stated separately; and the record transmitted to the Supreme Court of the United States on such an appeal shall consist only of the pleadings, the judgment or decree, the finding of facts, and the conclusions of law. Cross references : To the la-w: g§ 24, 25. To the General Orders : By analogy, XXVII. ILLUSTRATIVE CASES. Cook Inlet Coal Fields Co. v. Caldwell, 17 Am. B. R. 135; 147 Fed. 475. In re Rauchenplatt, 9 Am. B. R. 763. First National Bank of Denver et al. v. King, 8 Am. B. R. 12; 186 U. S. 202. Crucible Steel Co. of America v. Holt, 23 Am. B. R. 302; 174 Fed. 127. Ross et al. v. Stroh, 21 Am. B. R. 644; 165 Fed. 628. Chapman, Trustee, etc. v. Bowen (U. S. Sup.), 18 Am. B. R. 844. Conboy v. National Bank (U. S. Sup.) 16 Am. B. R. 773 ; 203 U. S. 141. Section 3. Knapp V. Milwaukee Trust Co.. 20 Am. B. R. 671; 162 Fed. 675; s. c. (U. S. Sup.), 80 Sup. Ct. Rep. 412. Hiscock V. Varick Bank of N. Y., 18 Am. B. R. 1. Armstrong v. Fernandez et al., 19 Am. B. R. 746. In re Philip Semner Glass Co.. 135 Fed. 77. XXXVII. General Provisions. In proceedings in equity, instituted for the purpose of carrj'ing into effect the provisions of the act, or for enforcing the rights and remedies given by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be. In proceedings at law, instituted for the same purpose, the practice and procedure in cases at law shall be followed as nearly as may be. But the judge may, by special order in any case, vary the time allowed for return of process, for appearance and pleading, and for taking testimony and publication, and may otherwise modify the rules for the preparation of any particular case so as to facilitate a speedy hearing. ILLUSTRATIVE CASES. In re Fleischer, 18 Am. B. R. 194; 151 Fed. 81. In re Hark Bros., 14 Am. B. R. 400. In re Lipsett, Levittan *& Co., 9 Am. B. R. 32. In re Waugh (C. C. A. 9th Cir.), 13 Am. B. R. 187; 138 Fed. 281. In re Decker-Foster Co., 10 Am. B. R. 584. Ex parte Steele. 20 Am. B. R. 575; 162 Fed. 694. In re Kenney & Co., 14 Am. B. R. 611 ; 136 Fed. 451. 556 GENERAL ORDERS IN BANKRUPTCY. XXXVm. Forms. The several forms annexed to these general orders shall be observed and used, with such alterations as may be necessary to suit the circumstances of any particular case. ILLUSTRATIVE CASES. Burke v. Guarantee Title & Trust Co., 14 Am. B. R. 31; 134 Fed. 662; 67 C. C. A. 486. In re Laskaris, 1 Am. B. R. 480. In re Soper and Slada, 1 Am. B. R. 133. THE BANKRUPTCY ACT OF 1898 WITH AMENDMENTS OF 1903, 1906 AND 1910. An Act to Establish a Uniform System of Bankruptcy Throughout the United States. Approved July 1, 1898,; Amendments Approved Feb. 5, 1903 ; June 15, 1906 AND June 25, 1910. Be it enacted hy the Senate and House of Representatives of the United /States of America in Congress assembled : CHAPTER I. DEFINITIONS. Section 1. Meaning of "Words and Phrases. a. The words and phrases used in this act and in proceedings pursuant hereto shall, unless the same be inconsistent with the context, be construed as follows: (1) "A person against whom a petition has been filed" shall in- clude a person who has filed a voluntary petition; (2) "adjudication" shall mean the date of the entry of a decree that the defendant, in a bankruptcy pro- ceeding, is a bankrupt, or if such decree is appealed from, then the date when such decree is finally confirmed; (3) "appellate courts" shall include the circuit courts of appeals of the United States, the supreme courts of the Ter- ritories, and the Supreme Court of the United States; (4) "bankrupt " shall include a person against whom an involuntary petition or an application to set a composition aside, or to revoke a discharge has been filed, or who has filed a voluntary petition, or who has been adjudged a bankrupt; (5) "clerk" shall mean the clerk of a court of bankruptcy; (6) "corporations" shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships, and shall include limited or other Explanation. — Matter in italics Is amendment of 1910 557 558 THE BANKRUPTCY ACT OF 1898. partnership associations organized under laws making the capital subscribed alone responsible for the debts of the associations; (7) "court" shall mean the court of bankruptcy in which the proceedings are pending, and may include the referee; (8) " courts of bankruptcy " shall include the district courts of the United States and of the Territories, the supreme court of the District of Columbia, and the United States court of the Indian Territory, and of Alaska ; (9) "creditor" shall include anyone who owns a demand or claim provable in bankruptcy, and may include his duly authorized agent, attorney, or proxy ; (10) "date of bankruptcy," or "time of bankruptcy," or "commencement of proceedings," or " bankruptcy," with reference to time, shall mean the date when the petition was filed; (11) "debt" shall include any debt, demand, or claim provable in bankruptcy; (12) "discharge" shall mean the release of a bankrupt from all of his debts which are provable in bankruptcy, except such as are excepted by this act; (13) "document" shall include any book, deed, or instrument in writing; (14) "holiday " shall include Christmas, the Fourth of July, the Twenty-second of February, and any day appointed by the Presi- dent of the United States or the Congress of the United States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his prop- erty, exclusive of any property which he may have conveyed, transferred, con- cealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts; (16) "judge" shall mean a judge of a court of bankruptcy, not including the referee; (17) "oath" shall include affirmation; (18) "officer" shall include clerk, marshal, receiver, referee, and trustee, and the imposing of a duty upon or the forbidding of an act by any officer shall include his successor and any person authorized by law to perform the duties of such officer; (19) "persons" shall include corporations, except where other- wise specified, and officers, partnerships, and women, and when used with refer- ence to the commission of acts which are herein forbidden shall include persons who are participants in the forbidden acts, and the agents, officers, and mem- bers of the board of directors or trustees, or other similar controlling bodies of corporations; (20) "petition" shall mean a paper filed in a court of bank- ruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this act, or by creditors alleging the commission of an act of bankruptcy by a debtor therein named; (21) "referee" shall mean the referee who has juris- diction of the case or to whom the case has been referred, or anyone acting in his stead: (22) "conceal" shall include secrete, falsify, and mutilate; (23) " secured creditor " shall include a creditor who has security for his debts upon the property of the bankrupt of a nature to be assignable under this act, or who owns such a debt for which some indorser, surety, or other persons secondarily liable for the bankrupt has such security upon the bankrupt's assets; (24) " States " shall include the Territories, the Indian Territory, Alaska, and the District of Columbia; (25) "transfer" shall include the sale and every other and different mode of disposing of or parting with property, or the possession THE BANKRUPTCY ACT OF 1898. 559 of property, absolutely or conditionally, as a payment, pledge, mortgage, gift, or security; (26) " trustee " shall include all of the trustees of an estate; (27) " wage-earner " shall mean an individual who works for wages, salary, or hire, at a rate of compensation not exceeding one thousand five hundred dollars per year; (28) words importing the masculine gender may be applied to and in- clude corporations, partnerships, and women; (29) words importing the plural number may be applied to and mean only a single person or thing; (30) words importing the singular number may be applied to and mean several persons or things. 560 THE BANKRUPTCY ACT OF 1898. CHAPTER 11. CREATION OF COURTS OF BANKRUPTCY AND THEIR JURISDICTION. § 2. That the courts of bankruptcy as hereinbefore defined, viz., the district courts of the United States in the several States, the supreme court of the District of Columbia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby invested, within their respective territorial limits as now established, or as they may be hereafter changed, with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation in cham- bers and during their respective terms, as they are now or may be hereafter held, to (1) adjudge persons bankrupt who have had their principal place of business, resided, or had their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdiction; (2) allow claims, disallow claims, reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates; (3) appoint receivers or the marshals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified; (4) arraign, try, and punish bankrupts, officers, and other persons, and the agents, officers, members of the board of directors or trustees, or other similar controlling bodies of corporations for violations of this act, in accord- ance with the laws of procedure of the United States now in force, or such as may be hereafter enacted, regulating trials for the alleged violation of laws of the United States; (5) authorize the business of bankrupts to be conducted for limited periods by receivers, the marshals, or trustees, if necessary in the best interests of the estates, and allow such officers additional compensation for such services as provided in section forty-eight of this act; (6) bring in and substitute additional persons or parties in proceedings in bankruptcy when necessary for the complete determination of a matter in controversy; (7) cause the estates of bankrupts to be collected, reduced to money and distributed, and determine controversies in relation thereto, except as herein otherwise provided; (8) close estates, whenever it appears that they have been fully administered, by approving the final accounts and discharging the trustees, and reopen them, whenever it appears they were closed before being fully ad- ministered; (9) confirm or reject compositions between debtors and their THE BANKRUPTCY ACT OF 1898. 561 creditors, and set aside compositions and reinstate the cases; (10) consider and confirm, modify or overrule, or return, with instructions for further proceedings, records and findings certified to them by referees; (11) determine all claims of bankrupts to their exemptions; (12) discharge or refuse to dis- charge bankrupts and set aside discharges and reinstate the cases; (13) en- force obedience by bankrupts, officers, and other persons to all lawful orders, by fine or imprisonment or fine and imprisonment; (14) extradite bankrupts from their respective districts to other districts; (15) make such orders, issue such process, and enter such judgments in addition to those specifically pro- vided for as may be necessary for the enforcement of the provisions of this act; (16) punish persons for contempts committed before referees; (17) pur- suant to the recommendation of creditors, or when they neglect to recommend the appointment of trustees, appoint trustees, and upon complaints of creditors, remove trustees for cause upon hearings and after notices to them; (18) tax costs, whenever they are allowed by law, and render judgments therefor against the unsuccessful party, or the successful party for cause, or in part against eacii of the parties, and against estates, in proceedings in bankruptcy; (19) transfer cases to other courts of bankruptcy; and (20) exercise ancillary jurisdiction over persons or property within their respective territorial limits in aid of a receiver or trustee appointed in any hanhruptcy proceedings pending in any other court of bankruptcy. Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated. 562 THE BANKRUPTCY ACT OF 1898. CHAPTER III. BANKRUPTS. g 3. Acts of Bankruptcy. a Acts of bankruptcy by a person shall consist of his having (1) con- veyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or (2) transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors; or (3) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference vacated or discharged such preference; or (4) made a general assignment for the benefit of his creditors, or, being insolvent, applied for a receiver or trustee for his property or because of insolvency a receiver or trustee has been put in charge of his property under the laws of a State, of a Territory,, or of the United States; or (5) admitted in writing his inability to pay his- debts and his willingness to be adjudged a bankrupt on that ground. h A petition may be filed against a person who is insolvent and who has committed an act of bankruptcy within four months after the commission of such act. Such time shall not expire until four months after ( 1 ) the date of the recording or registering of the transfer or assignment when the act con- sists in having made a transfer of any of his property with intent to hinder,, delay, or defraud his creditors or for the purpose of giving a preference as- hereinbefore provided, or a general assignment for the benefit of his creditors,, if by law such recording or registering is required or permitted, or, if it is not^ from the date when the beneficiary takes notorious, exclusive, or continuous- possession of the property unless the petitioning creditors have received actual notice of such transfer or assignment. c It shall be a complete defense to any proceedings in bankruptcy instituted under the first subdivision of this section to allege and prove that the party proceeded against was not insolvent as defined in this act at the time of the- filing the petition against him, and if solvency at such date is proved by the alleged bankrupt the proceedings shall be dismissed, and under said subdivision one the burden of proving solvency shall be on the alleged bankrupt. d Whenever a person against whom a petition has been filed as hereinbefore provided under the second and third subdivisions of this section takes issue with and denies the allegation of his insolvency, it shall be his duty to appear in court on the hearing, with his books, papers, and accounts, and submit to an examination, and give testimony as to all matters tending to establish solvency or insolvency, and in case of his failure to so attend and submit to examination the burden of proving his solvency shall rest upon him. THE BANKRUPTCY ACT OF 1898. 563 e Whenever a petition is filed by any person for the purpose of having an- other adjudged a bankrupt, and an application is made to take charge of and hold the property of the alleged bankrupt, or any part of the same, prior to the adjudication and pending a hearing on the petition, the petitioner or applicant shall file in the same court a bond with at least two good and sufficient sureties who shall reside within the jurisdiction of said court, to be approved by the court or a judge thereof, in such sum as the court shall direct, conditioned for the payment, in case such petition is dismissed, to the respondent, his or her personal representatives, all costs, expenses, and damages occasioned by such seizure, taking, and detention of the property of the alleged bankrupt. If such petition be dismissed by the court or withdrawn by the petitioner, the respondent or respondents shall be allowed all costs, counsel fees, expenses, and damages occasioned by such seizure, taking, or detention of such property. Counsel fees, costs, expenses, and damages shall be fixed and allowed by the court, and paid by the obligors in such bond. § 4. Who may become bankrupts. a Any person, except a municipal, railroad, insurance, or hanhing corpora- tion, shall he entitled to the benefits of this Act as a voluntary bankrupt. h Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil, any unincorporated company, and any moneyed, business, or commercial corporation, except a municipal, railroad, in- surance, or banking corporation, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this Act. The bankruptcy of a corporation shall not release its officers, directors, or stockholders, as such, from any liability under the laws of a State or Terri- tory or of the United States. § 5. Partners. a A partnership, during the continuation of the partnership business, or after its dissolution and before the final settlement thereof, may be adjudged a bankrupt. b The creditors of the partnership shall appoint the trustee; in other respects so far as possible the estate shall be administered as herein provided for other estates. c The court of bankruptcy which has jurisdiction of one of the partners may have jurisdiction of all the partners and of the administration of the partner- ship and individual property. d The trustee shall keep separate accounts of the partnership property and of the property belonging to the individual partners. e The expenses shall be paid from the partnership property and the indi- vidual property in such proportions as the court shall determine. / The net proceeds of the partnership property shall be appropriated to 564 THE BANKRUPTCY ACT OF 1898. the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment of his individual debts. Should any surplus remain of the property of any partner after paying his individual debts, such surplus shall be added to the partnership assets and be applied to the payment of the partnership debts. Should any surplus of the part- nership property remain after paying the partnership debts, such surplus shall be added to the assets of the individual partners in the proportion of their respective interests in the partnership. g The court may permit the proof of the claim of the partnership estate against the individual estates, and vice versa, and may marshal the assets of the partnership estate and individual estates so as to prevent preferences and secure the equitable distribution of the property of the several estates. h In the event of one or more but not all of the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, unless by consent of the partner or partners not adjudged bankrupt; but such partner or partners not adjudged bankrupt shall settle the partnership business as expeditiously as its nature will permit, and ac- count for the interest of the partner or partners adjudged bankrupt. § 6. Exemptions of Bankrupts. a This act shall not affect the allowance to bankrupts of the exemptions which are prescribed by the State laws in force at the time of the filing of the petition in the State wherein they have had their domicile for the six months or the greater portion thereof immediately preceding the filing of the petition. ^ 7. Duties of Bankrupts. a The bankrupt shall (1) attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge, if filed; (2) comply with all lawful orders of the court; (3) examine the correctness of all proofs of claims filed against his estate; (4) execute and deliver such papers as shall be ordered by the court; (5) execute to his trustee transfers of all his property in foreign countries; (6) immediately inform his trustee of any attempt, by his creditors or other persons, to evade the provisions of this act, coming to his knowledge; (7) in case of any persons having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee; (8) prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a voluntary bankrupt, a schedule of his property, sbowing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, show- ing their residences, if known, if unknown, that fact to be stated, the amounts flue each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for tlie clerk, one for the referee, and one for the trustee; and (9) when present at the first meeting of his creditors, and at such other times as the THE BANKRUPTCY ACT OF 1898. 565 court shall order, submit to an examination concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may all'cct the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against liim in any criminal proceeding. Provided, however. That he shall not be required to attend a meeting of his creditors, or at or for an examination at a place more than one hundred and fifty miles distant from his home or principal place of business, or to examine claims except when presented to him, unless ordered by the court, or a judge thereof, for cause shown, and the bankrupt shall be paid his actual expenses from the estate when examined or required to attend at any place other than the city, town, or village of his residence. g 8. Death or Insanity of Bankrupts. a The death or insanity of a bankrupt shall not abate the proceedings, but the same shall be conducted and conclude in the same manner, so far as possible, as though he had not died or l)ecome insane : Provided, That in case of death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the State of the bankrupt's residence. § 9. Protection and Detention of Bankrupts. a A bankrupt shall be exempt from arrest upon civil process except in the following cases: (1) When issued from a court of bankruptcy for contempt or disobedience of its lawful orders; (2) when issued from a State court hav- ing jurisdiction, and served within such State, upon a debt or claim from which his discharge in bankruptcy would not be a release, and in such case he shall be exempt from such arrest when in attendance upon a court of bank- ruptcy or engaged in the performance of a duty imposed by this act. 6 The judge may, at any time after the filing of a petition by or against a person, and before the expiration of one month after the qualification of the trustee, upon satisfactory proof by the affidavits of at least two persons that such bankrupt is about to leave the district in which he resides or has his principal place of business to avoid examination, and that his departure will defeat the proceedings in bankruptcy, issue a warrant to the marshal, directing him to bring such bankrupt forthwith before the court for ex- amination. If upon hearing the evidence of the parties it shall appear to the court or a judge thereof that the allegations are true and that it is necessary, he shall order such marshal to keep such bankrupt in custody not exceeding ten days, but not imprison him, until he shall be examined and released or give bail conditioned for his appearance for examination, from time to time, not exceeding in all ten days, as required by the court, and for his obedience to all lawful orders made in reference thereto. 566 THE BANKRUPTCY ACT OF 1898. § 10. Extradition of BankruptB. a Whenever a warrant for the apprehension of a bankrupt shall have been issued, and he shall have been found within the jurisdiction of a court other than the one issuing the warrant, he may be extradited in the same manner in which persons under indictment are now extradited from one district within which a district court has jurisdiction to another. § 11. Suits by and against Bankrupts. a A suit which is founded upon a claim from which a discharge would be a release, and which is pending against a person at the time of the filing of a petition against him, shall be stayed until after an adjudication or the dismissal of the petition; if such person is adjudged a bankrupt, such action may hi further stayed until twelve months after the date of such adjudication, or, if within that time such person applies for a discharge, then until the question of such discharge is determined. h The court may order the trustee to enter his appearance and defend any pending suit against the bankrupt. c A trustee may, with the approval of the court, be permitted to prosecute as trustee any suit commenced by the bankrupt prior to the adjudication, with like force and effect as though it had been commenced by him. d Suits shall not be brought by or against a trustee of a bankrupt estate subsequent to two years after the estate has been closed. § 12. Compositions, w^hen Confirmed. a A bankrupt may ofer, either before or after adjudication, terms of com- position to his creditors after, but not before, he has been examined in open court or at a meeting of his creditors, and has filed in court the schedule of his property and the list of his creditors required to be filed by bankrupts. In compositions before adjudication the bankrupt shall file the required schedules, and thereupon the court shall call a meeting of creditors for the allowance of claims, examination of the bankrupt, and preservation or conduct of estates, at which meeting the judge or referee shall preside; and action upon the petition for adjudication, shall be delayed until it shall be determined whether such composition shall be confirmed. 6 An application for the confirmation of a composition may be filed in the court of bankruptcy after, but not before, it has been accepted in writing by a majority in number of all creditors whose chiims have been allowed, which number must represent a majority in amount of such claims, and the con- sideration to be paid by the bankrupt to his creditors, and the money neces- sary to pay all debts which have priority and the cost of the proceedings, have been deposited in such place as shall be designated by and subject to the order of the judge. c A date and place, with reference to the convenience of the parties in interest, shall be fixed for the hearing upon each application for the con- THE BANKRUPTCY ACT OF 1898. 567 firmation of a composition, and such objections as may be made to its confirmation. d The judge shall confirm a composition if satisfied that (1) it is for the best interests of the creditors; (2) the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge; and (3) the offer and its acceptance are in good faith and have not been made or procured except as herein provided, or by any means, promises, or acts herein forbidden. e Upon the confirmation of a composition, the consideration shall be dis- tributed as the judge shall direct, and the case dismissed. Whenever a com- position is not confirmed, the estate shall be administered in bankruptcy as herein provided. § 13. CompoBitions, •when Set Aside. a The judge may, upon the application of parties in interest filed at any time within six months after a composition has been confirmed, set the same aside and reinstate the case if it shall be made to appear upon a trial that fraud was practiced in the procuring of such composition, and that the knowl- edge thereof has come to the petitioners since the confirmation of such com- position. § 14. Discharges, when Granted. a Any person may, after the expiration of one month and within the next twelve months subsequent to being adjudged a bankrupt, file an application for a discharge in the court of bankruptcy in which the proceedings are pending; if it shall be made to appear to the judge that the bankrupt was unavoidably prevented from filing it within such time, it may be filed within but not after the expiration of the next six months. h The judge shall hear the application for a discharge and such proofs and pleas as may he made in opposition thereto hij the trustee or other parties in interest, at such time as will give the trustee or parties in interest a reasonable opportunity to he fully heard, and investigate the merits of the application and discharge the applicant unless he has (1) committed an offense punishable by imprisonment as herein provided; or (2) with intent to conceal his financial condition, destroyed, concealed, or failed to keep hooks of account or records from which such condition might he ascertained ; or (3) obtained money or property on credit upon a materially false statement in writing, made by him to any person or his representative for the purpose of obtaining credit from such person; or (4) at any time subsequent to the first day of the four month.<. immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to be removed, destroyed, or concealed, any of his property, with intent to hinder, delay, or defraud his creditors: or (.5) in voluntary proceedings been granted a discharge in bankruptcy within six years; or (6) in the course of the proceedings in bankruptcy refused to obey xiny lawful order of, or to answer any material question approved by the court: 568 THE BANKRUPTCY ACT OF 1898. Provided, That a trustee shall not interpose objections to a bankrupt's dis- charge until he shall be authorized so to do at a meeting of creditors called for that purpose. c The confirmation of a composition shall discharge the bankrupt from his. debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge. § 15. Discharges, -wrhen Revoked. a The judge may, upon the application of parties in interest who have not been guilty of undue laches, filed at any time within one year after a discharge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners since the granting of the discharge, and that the actual facts did not warrant the discharge. § 16. Co-Debtors of Bankrupts. a The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt. § 17. Debts not Affected by a Discharge. a A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for wilful and malicious injuries to the person or property of another, or for alimony due or to become due, or for maintenance or support of wife or child, or for seduction of an unmarried female, or for criminal conversation; (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity. THE BANKRUPTCY ACT OF 1898. 569 CHAPTER IV. COURTS AND PROCEDURE THEREIN. § 18. Process, Pleadings, and Adjudications. a Upon the filing of a petition for involuntary bankruptcy, service thereof, with a writ of subpoena, shall be made upon the person therein named as defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returnable within fifteen days, unless the judge shall for cause fix a longer time; but in case personal service cannot be made, then notice shall be given by publication in the same manner and for the same time as provided by law for notice by publication in suits to enforce a legal or equitable lien in courts of the United States, except that, unless the judge shall otherwise direct, the order shall be published not more than once a week for two consecutive weeks, and the return day shall be ten days after the last publication unless the judge shall for cause fix a longer time. h The bankrupt, or any creditor, may appear and plead to the petition within five days after the return day, or within such further time as the court may allow, c All pleadings setting up matters of fact shall be verified under oath. d If the bankrupt, or any of his creditors, shall appear, within the time limited, and controvert the facts alleged in the petition, the judge shall de- termine, as soon as may be, the issues presented by the pleadings, without the intervention of a jury, except in cases where a jury trial is given by this act, and make the adjudication or dismiss the petition. e If on the last day within which pleadings may be filed none are filed by the bankrupt or any of his creditors, the judge shall on the next day, if present, or as soon thereafter as practicable, make the adjudication or dismiss the petition. / If the judge is absent from the district, or the division of the district in which the petition is pending, on the next day after the last day on which pleadings may be filed, and none have been filed by the bankrupt or any of his creditors, the clerk shall forthwith refer the case to the referee. g Upon the filing of a voluntary petition the judge shall hear the petition and make the adjudication or dismiss the petition. If the judge is absent from the district, or the division of the district in which the petition is filed at the time of the filing, the clerk shall forthwith refer the case to the referee. § 19. Jury Trials. a A person against whom an involuntary petition has been filed shall be entitled to have a trial by jury, in respect to the question of his insolvency. 570 THE BANKRUPTCY ACT OF 1898. except as herein otherwise provided, and any act of bankruptcy alleged in such petition to have been committed, upon filing a written application therefor at or before the time within which an answer may be filed. If such application is not filed within such time, a trial by jury shall be deemed to have been waived. & If a jury is not in attendance upon the court, one may be specially sum- moned for the trial, or the case may be postponed, or, if the case is pending in one of the district courts within the jurisdiction of a circuit court of the United States, it may be certified for trial to the circuit court sitting at the same place, or by consent of parties when sitting at any other place in the same district, if such circuit court has or is to have a jury first in attendance. c The right to submit matters in controversy, or an alleged offense under this act, to a jury shall be determined and enjoyed, except as provided by this act, according to the United States laws now in force or such as may be hereafter enacted in relation to trials by jury. § 20. Oaths, Affirmations. a Oaths required by this act, except upon hearings in court, may be adminis- tered by (1) referees; (2) officers authorized to administer oaths in proceed- ings before the courts of the United States, or under the laws of the State where the same are to be taken; and (3) diplomatic or consular officers of the United States in any foreign country. h Any person conscientiously opposed to taking an oath may, in lieu thereof, affirm. Any person who shall affirm falsely shall be punished as for the making of a false oath. § 21. Evidence. a A court of bankruptcy may, upon application of any officer, bankrupt, or creditor, by order require any designated person, including the bankrupt and his wife, to appear in court or before a referee or the judge of any State court, to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under this act : Provided, That the wife may be examined only touching business transacted by her or to which she is a party, and to determine the fact whether she has transacted or been a party to any business of the bankrupt. 6 The right to take depositions in proceedings under this act shall be de- termined and enjoyed according to the United States laws now in force, or such as may be hereafter enacted relating to the taking of depositions, except as herein provided. c Notice of the taking of depositions shall be filed with the referee in every case. When depositions are to be taken in opposition to the allowance of a claim notice shall also be served upon the claimant, and when in opposi- tion to a discharge notice shall also be served upon the bankrupt. d Certified copies of proceedings before a referee, or of papers, when issued by the clerk or referee, shall be admitted as evidence with like force and eflFoct as certified copies of the records of district courts of the United States are now or may hereafter be admitted as evidence. THE BANKRUPTCY ACT OF 1898. 571 e A certified copy of the order approving the bond of a trustee shall consti- tute conclusive evidence of the vesting in him of the title to the property of the bankrupt, and if recorded shall impart the same notice that a deed from the bankrupt to the trustee if recorded would have imparted had not bank- ruptcy proceedings intervened. /" A certified copy of an order confirming or setting aside a composition, or granting or setting aside a discharge, not revoked, shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and of the fact that the order was made. g A certified copy of an order confirming a composition shall constitute evidence of the revesting of the title of his property in the bankrupt, and if recorded shall impart the same notice that a deed from the trustee to the bankrupt if recorded would impart. § 22. Reference of Cases after Adjudication. a After a person has been adjudged a bankrupt the judge may cause the trustee to proceed with the administration of the estate, or refer it (1) generally to the referee or specially with only limited authority to act in the premises or to consider and report upon specified issues; or (2) to any referee within the territorial jurisdiction of the court, if the convenience of parties iu interest will be served thereby, or for cause, or if the bankrupt does not do business, reside, or have his domicile in the district. h The judge may, at any time, for the convenience of parties or for cause, transfer a case from one referee to another. § 23. Jurisdiction of United States and State Courts. a The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants. h Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, subdivision b; section sixty-seven, subdivision e; and section seventy; subdivision e. c The United States circuit courts shall have concurrent jurisdiction with the courts of bankruptcy, within their respective territorial limits, of the offenses enumerated in this act. § 24. Jurisdiction of Appellate Courts. a The Supreme Court of the United States, the circuit courts of appeals of the United States, and the supreme courts of the Territories, in vacation in 572 THE BANKRUPTCY ACT OF 1898. chambers and during their respective terms, as now or as they may be hereafter held, are hereby invested with appellate jurisdiction of controversies arising in bankruptcy proceedings from the courts of bankruptcy from v.-hich they have appellate jurisdiction in other cases. The Supreme Court of the United States shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia. & The several circuit courts of appeal shall have jurisdiction in equity, either interlocutory or final, to superintend and revise in matter of law the proceedings of the several inferior courts of bankruptcy within their juris- diction. Such power shall be exercised on due notice and petition by any party aggrieved. § 25. Appeals and 'Writs of Error. a That appeals, as in equity cases may be taken in bankruptcy proceedings from the courts of bankruptcy to the circuit court of appeals of the United States and to the supreme court of the Territories, in the following cases, to wit, (1) from a judgment adjudging or refusing to adjudge the defendant a bankrupt; (2) from a judgment granting or denying a discharge; and (3) from a judgment allowing or rejecting a debt or claim of five hundred dollars or over. Such appeal shall be taken within ten days after the judgment ap- pealed from has been rendered, and may be heard and determined by the appellate court in term or vacation, as the case may be. h From any final decision of a court of appeals, allowing or rejecting a claim under this act, an appeal may be had under such rules and within such time as may be prescribed by the Supreme Court of the United States, in the following cases and no other: 1. Where the amount in controversy exceeds the sum of two thousand dollars, and the question involved is one which might have been taken on appeal or writ of error from the highest court of a State to the Supreme Court of the United States ; or 2. Where some Justice of the Supreme Court of the United States shall certify that in his opinion the determination of the question or questions in- volved in the allowance or rejection of such claim is essential to a uniform construction of this act throughout the United States. c Trustees shall not be required to give bond when they take appeals or sue out writs of error. d Controversies may be certified to the Supreme Court of the United States from other courts of the United States, and the former court may exercise jurisdiction thereof and issue writs of certiorari pursuant to the provisions of the United States laws now in force or such as may be hereafter enacted. § 26. Arbitration of Controversies. a The trustee may, pursuant to the direction of the court, submit to arbitra- tion any controversy arising in the settlement of the estate. THE BANKRUPTCY ACT OF 1898. 573 h Three arbitrators shall be chosen by mutual consent, or one by the trustee, one by the other party to the controversy, and the third by the two so chosen, or if they fail to agree in five days after their appointment the court shall appoint the third arbitrator. c The written finding of the arbitrators, or a majority of them, as to the issues presented, may be filed in court and shall have like force and effect as the verdict of a jury. § 27. Compromises. a The trustee may, with the approval of the court, compromise any con- troversy arising in the administration of the estate upon such terms as he may deem for the best interests of the estate. § 28. Designation of Newspapers. a Courts of bankruptcy shall by order designate a newspaper published within their respective territorial districts, and in the county in which the bankrupt resides or the major part of his property is situated, in which notices required to be published by this act and orders which the court may direct to be published shall be inserted. Any court may in a particular case, for the convenience of parties in interest, designate some additional newspaper in which notices and orders in such case shall be published. § 29. Offenses. a A person shall be punished, by imprisonment for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, spent, or unlawfully transferred any property or secreted or destroyed any document belonging to a bankrupt estate which came into his charge as trustee. h A person, shall be punished, by imprisonment for a period not to exceed two years, upon conviction of the offense of having knowingly and fraudu- lently (1) concealed while a bankrupt, or after his discharge, from his trustee any of the property belonging to his estate in bankruptcy; or (2) made a false oath or account in, or in relation to, any proceeding in bankruptcy; (3) presented under oath any false claim for proof against the estate of a bankrupt, or used any such claim in composition personally or by agent, ])roxy, or attorney, or as agent, proxy, or attorney; or (4) received any material amount of property from a bankrupt after the filing of the petition, with intent to defeat this act; or (5) extorted or attempted to extort any money or property from any person as a consideration for acting or forbearing to act in bankruptcy proceedings. c A person shall be punished by fine, not to exceed five hundred dollars, and forfeit his office, and the same shall thereupon become vacant, upon conviction of the offense of having knowingly (1) acted as a referee in a case in which he is directly or indirectly interested; or (2) purchased, while a referee, directly or indirectly, any property of the estate in bankruptcy of 574 THE BANKRUPTCY ACT OF 1898. which he is referee; or (3) refused, while a referee or trustee, to permit a reasonable opportunity for the inspection of the accounts relating to the affairs of, and the papers and records of, estates in his charge by parties in interest when directed by the court so to do. d A person shall not be prosecuted for any offense arising under this act unless the indictment is found or the information is filed in court within one year after the commission of the offense. § 80. Rules, Forms, and Orders. a All necessary rules, forms, and orders as to procedure and for carrying this act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States. § 31. Computation of Time. a Whenever time is enumerated by days in this act, or in any proceeding in bankruptcy, the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last included shall be the next day thereafter which is not a Sunday or a legal holiday. § 33. Transfer of Cases. a In the event petitions are filed against the same person, or against dif- ferent members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction, to and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest. THE BA^'KKUPTCY ACT OF 1898. 575 CHAPTER V. OFFICERS, THEIR DUTIES AND COMPENSATIONS. § 33. Creation of Two 0£5cera. a The offices of referee and trustee are hereby created. § 34. Appointment, Removal, and Districts of Referees. a Courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction, (1) appoint referees, each for a term of twa years, and may, in their discretion, remove them because their services are not needed or for other cause; and (2) designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district. § 35. Qualifications of Referees. a Individuals shall not be eligible to appointment as referees unless they are respectively (1) competent to perform the duties of that office; (2) not holding any office of profit or emolument under the laws of the United States or of any State other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public; (3) not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States, or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and (4) residents of, or have their offices in, the territorial dis- tricts for which they are to be appointed. § 36. Oaths of OfBce of Referees. a Referees shall take the same oath of office as that prescribed for judges of United States courts. § 37. Number of Referees. a Such number of referees shall be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy. § 38. Jurisdiction of Referees. a Referees respectively are hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to (1) consider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions: (2) exercise the powers vested in courts of bankruptcy for the administering of oaths to and the 576 THE BANKRUPTCY ACT OF 1898. examination of persons as witnesses and for requiring the production of docu- ments in proceedings before them, except the power of commitment; (3) exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, or the division of the district, or his sickness, or inability to act; (4) perform such part of the duties, except as to questions arising out of the applications of bankrupts for com- positions or discharges, as are by this act conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and (5) upon the application of the trustee during the examination of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings. § 39. Duties of Referees. a Referees shall (1) declare dividends and prepare and deliver to trustees dividend sheets showing the dividends declared and to whom payable; (2) examine all schedules of property and lists of creditors filed by bankrupts and cause such as are incomplete or defective to be amended; (3) furnish such information concerning the estates in process of administration before them as may be requested by the parties in interest; (4) give notices to creditors as herein provided; (5) make up records embodying the evidence, or the substance thereof, as agreed upon by the parties in all contested matters arising before them, whenever requested to do so by either of the parties thereto, together with their findings therein, and transmit them to the judges; (6) prepare and file the schedules of property and lists of creditors required to be filed by the bank- rupts, or cause the same to be done, when the bankrupts fail, refuse, or neglect to do so; (7) safely keep, perfect, and transmit to the clerks the records, herein required to be kept by them, when the cases are concluded; (8) transmit to the clerks such papers as may be on file before them when- ever the same are needed in any proceedings in courts, and in like manner secure the return of such papers after they have been used, or, if it be impracticable to transmit the original papers, transmit certified copies thereof by mail; (9) upon application of any party in interest, preserve the evidence taken or the substance thereof as agreed upon by the parties before them when a stenographer is not in attendance; and (10) whenever their respective offices are in the same cities or towns where the courts of bankruptcy convene, call upon and receive from the clerks all papers filed in courts of bankruptcy which have been referred to them. b Referees shall not (1) act in cases in which they are directly or indirectly interested; (2) practice as attorneys and counselors at law in any bankruptcy proceedings; or (3) purchase, directly or indirectly, any property of an estate in bankruptcy. THE BANKRUPTCY ACT OF 1898. 577 § 40. Compensation of Referees. a liel'erees shall receive as full compensation for their services, payable after they are rendered, a fee of fifteen dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and twenty-five cents for every proof of claim filed for allowance, to be paid from the estate, if any, as a part of the cost of administra- tion, and from estates which Iiave been administered before them one per centum commissions on all moneys disbursed to creditors by the trustee, or one-half of one per centum on the amount to be paid to creditors upon the confirmation of a composition. h Whenever a case is transferred from one referee to another the jud,Q:e sliall determine the proportion in which the fee and commissions therefoi- shall be divided between the referees. c In the event of the reference of a case being revoked before it is con- cluded, and when the case is specially referred, the judge shall determine what part of the fee and commissions shall be paid to the referee. § 41. Contempts before Referees. a A person shall not, in proceedings before a referee, (1) disobey or resist any la^vful order, process or writ; (2) misbehave during a hearing or so near the place thereof as to obstruct the same; (3) neglect to produce, after having been ordered to do so, any pertinent document; or (4) refuse to appear after having been subpoenaed, or, upon appearing, refuse to take the oath as a wit- ness, or, after having taken the oath, refuse to be examined according to law: Provided, That no person shall be required to attend as a witness before a referee at a place outside of the State of his residence, and more than one hundred miles from such place of residence, and only in case his lawful mileage and fee for one day's attendance shall be first paid or tendered to him. h The referee shall certify the facts to the judge, if any person shall do any of the things forbidden in this section. The judge shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and, if it is such as to warrant him in so doing, punish such person in the same manner and to the same extent as for a contempt committed before the court of bankruptcy, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the court. ^5 42. Records of Referees. a The records of all proceedings in each case before a referee shall be kept as nearly as may be in the same manner as records are now kept in equity cases in circuit courts of the United States. h A record of the proceedings in each case shall be kept in a separate book or books, and shall, together with the papers on file, constitute the records of the case. c The book or books containing a record of the proceedings shall, when 578 THE BANKRUPTCY ACT OF 1898. the case is concluded before the referee, be certified to by him, and, together with such papers as are on file before him, be transmitted to the court of bankruptcy and shall there remain as a part of the records of the court. § 43. Referee's Absence or Disability. a Whenever the office of a referee is vacant, or its occupant is absent or disqualified to act, the judge may act, or may appoint another referee, or another referee holding an appointment under the same court may, by order of the judge, temporarily fill the vacancy. § 44. Appointment of Trustees. a The creditors of a bankrupt estate shall, at their first meeting after the adjudication or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, or if there is a vacancy in the office of trustee, appoint one trustee or three trustees of such estate. If the creditors do not appoint a trustee or trustees as herein provided, the court shall do so. § 45. Qualifications of Trustees. a Trustees may be (1) individuals who are respectively competent to perform the duties of that office, and reside or have an office in the judicial district within which they are appointed, or (2) corporations authorized by their charters or by law to act in such capacity and having an office in the judicial district within which they are appointed. § 46. Death or Removal of Trustees. a The death or removal of a trustee shall not abate any suit or proceeding which he is prosecuting or defending at the time of his death or removal, but the same may be proceeded with or defended by his joint trustee or successor in the same manner as though the same had been commenced or was being defended by such joint trustee alone or by such successor. g 47. Duties of Trustees. a Trustees shall respectively (1) account for and pay over to the estates un- der their control all interest received by them upon property of such estate ;( 2) Collect and reduce to money the property of the estates for which they are trustees, under the direction of the court, and close up the estate as ex- peditiously as is compatible with the best interests of the parties in interest; and. such trustees, as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and' powers of a creditor holding a lien by legal or equitable proceedings thereon; and also, as to all property not in the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a judgment creditor holding an execution duly returned unsatisfied. (3) Deposit all money received by them in one of the designated depositories; (4) disburse money THE BANKRUPTCY ACT OF 1898. 579 only by check or draft on the depositories in which it has been deposited; (5) furnish such information concerning the estates of which they are trustees and their administration as may be requested by parties in interest; (6) keep regular accounts showing all amounts received and from what sources and all amounts expended and on what accounts; (7) lay before the final meeting of the creditors detailed statements of the administration of the estates; (8) make final reports and file final accounts with the courts fifteen days be- fore the days fixed for the final meetings of the creditors; (9) pay dividends within ten days after they are declared by the referees; (10) report to the courts, in writing, the condition of the estates and the amounts of money on hand, and such other details as may be required by the courts, within the first month after their appointment and every two months thereafter, unless otherwise ordered by the courts; and (11) set apart the bankrupt's exemptions and report the items and estimated value thereof to the court as soon as practicable after their appointment. h Whenever three trustees have been appointed for an estate, the con- currence of at least two of them shall be necessary to the validity of their every act concerning the administration of the estate. c The trustee shall, within thirty days after the adjudication, file a certified copy of the decree of adjudication in the office where conveyances of real estate are recorded in every county where the bankrupt owns real estate not exempt from execution, and pay the fee for such filing, and he shall receive a compensation of fifty cents for each copy so filed, which, together with the filing fee, shall be paid out of the estate of the bankrupt as a part of the cost and disbursements of the proceedings. § 48. CompenBation of Trustees, Receivers and Marshals. a Trustees shall receive for their services, payable after they are rendered, a fee of five dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and such commissions on all moneys disbursed or turned over to any person, including lien holders, by them, as may be allowed by the courts, not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than fifteen hundred dollars, two per centum on moneys in excess of fifteen hundred dollars and less than ten thousand dollars, and one per centum on moneys in excess of ten thousand dollars. And in case of the confirmation of a composition after the trustee has qualified the court may allow him, as compensation, not to exceed one-half of one per centum of the amount to he paid the creditors on such composition. b In the event of an estate being administered by three trustees instead of one trustee or by successive trustees, the court shall apportion the fees and commissions between them according to the services actually rendered, so that there shall not be paid to trustees for the administering of any estate a greater amount than one trustee would be entitled to. 580 THE BANKRUPTCY ACT OF 1898. c The court may, in its discretion, withhold all compensation frcni any tritstee who has been removed for cause. d Receivers or marshals appointed pursuant to section two, subdivision three, of this Act shall receive for their services, payable after they are rendered, compensation by tuay of commissions upon the moneys disbursed or turned over to any person, including lien holders, by them, and also upon the moneys turned over by them or aftenvards realized by the trustees from property turned over in kind by them to the trustees, as the court may alloiv, not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than one thousand five hundred dollars, two per centum on moneys in excess of one thousand five hundred dollars and less than ten thousand dollars^ and one per centum on moneys in excess of ten thousand dollars: Provided, That in case of the con- firmation of a composition such commissions shall not exceed one-half of one per centum of the amount to be paid creditors on such compositions: Provided further, That when the receiver or marshal acts as a mere custodian and does not carry on the business of the bankrupt as provided in clause five of section two of this Act, he shall not receive nor be allowed in any form or guise more than two per centum on the first thousand dollars or less, and one-half of one per centum on all above one thousand dollars on moneys disbursed by him or turned over by him to the trustee and on moneys subsequently realized from property turned over by him in kind to the trustee: Provided further, That before the allowance of compensation notice of application therefor, specifying the amount asked, shall be given to creditors in the manner indicated in section fifty-eight of this Act. e Where the business is conducted by trustees, marshals, or receivers, as provided in clause five of section two of this Act, the court may allow such officers additional compensation for such services by way of commissions upon the moneys disbursed or turned over to any person, including lien holders, by them, and, in cases of receivers or marshals, also upon the moneys turned over by them or afterwards realized by the trustees from property turned over in kind by them to the trustees; such commissions not to exceed six per centum on the first five hundred dollars or less, four per centum on moneys in excess of five hundred dollars and less than one thousand five hundred dollars, two per centum on moneys in excess of one thousand five hundred dollars and less than ten thousand dollars, and one per centum on moneys in excess of ten thousand dollars: Provided, That in case of the confirmation of a composition such commissions shall not exceed one-half of one per centum of the amount to be paid creditors on such composition: Provided further, That before the allow- ance of compensation notice of application therefor, specifying the amount asked, shall be given to creditors in the manner indicated in section fifty-eight of this Act. %.i9'^ Accounts and Papers of Trustees. a The accounts and papers of trustees shall be open to the inspection of officers and all parties in interest. THE BANKRUPTCY ACT OF 1898. 581 § 50. Bonds of Referees and Trustees. a Referees, before assuming the duties of their offices, and within such time as the district courts of the United States having jurisdiction shall prescribe, shall respectively qualify by entering into bond to the United States in such sum as shall be fixed by such courts, not to exceed five thousand dollars, with such sureties as shall be approved by such courts, conditioned for the faithful performance of their official duties. b Trustees, before entering upon the performance of their official duties, and within ten days after their appointment, or within such further time, not to exceed five days, as the court may permit, shall respectively qualify by entering into bond to the United States, with such sureties as shall be approved by the courts, conditioned for the faithful performance of their official duties. c The creditors of a bankrupt estate, at their first meeting after the ad- judication, or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, if there is a vacancy in the office of trustee, shall fix the amount of the bond of the trustee ; they may at any time increase the amount of the bond. If the creditors do not fix the amount of the bond of the trustee as herein provided the court shall do so. d The court shall require evidence as to the actual value of the property of sureties. e There shall be at least two sureties upon each bond. / The actual value of the property of the sureties, over and above their liabilities and exemptions, on each bond shall equal at least the amount of such bond. g Corporations organized for the purpose of becoming sureties upon bonds, or authorized by law to do so, may be accepted as sureties upon the bonds of referees and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected. h Bonds of referees, trustees, and designated depositories shall be filed of record in the office of the clerk of the court and may be sued upon in the name of the United States for the use of any person injured by a breach of their conditions. i Trustees shall not be liable, personally or on their bonds, to the United States, for any penalties or forfeitures incurred by the bankrupts under this act, of whose estates they are respectively trustees. ;■ Joint trustees may give joint or several bonds. Jc If any referee or trustee shall fail to give bond, as herein provided and within the time limited, he shall be deemed to have declined his appoint- ment, and such failure shall create a vacancy in his office. I Suits upon referees' bonds shall not be brought subsequent to two years after the alleged breach of the bond. m Suits upon trustees' bonds shall not be brought subsequent to two years after the estate has been closed. 582 THE BANKRUPTCY ACT OF 1898. § 51. Duties of Clerks. a Clerks shall respectfully (1) account for, as for other fees received by them, the clerk's fee paid in each case and such other fees as may be received for certified copies of records which may be prepared for persons other than officers; (2) collect the fees of the clerk, referee, and trustee in each case instituted before filing the petition, except the petition of a proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and cannot obtain, the money with which to pay such fees; (3) deliver to the referees upon application all papers which may be referred to them, or, if the offices of such referees are not in the same cities or towns as the offices of such clerks, transmit such papers by mail, and in like manner return papers which were received from such referees after they have been used; (4) and within ten days after each case has been closed pay to the referee, if the case was referred, the fee collected for him, and to the trustee the fee collected for him at the time of filing the petition. g 52. Compensation of Clerks and Marshals. a Clerks shall respectively receive as full compensation for their services to each estate, a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt. h Marshals shall respectively receive from the estate where an adjudica- tion in bankruptcy is made, except as herein otherwise provided, for the performance of their service in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance with laws now in force, or such as may be hereafter enacted, fixing the compensation of marshals. § 53. Duties of Attorney-General. a The Attorney-General shall annually lay before Congress statistical tables showing for the whole country, and by States, the number of cases during the year of voluntary and involuntary bankruptcy; the amount of the property of the estates ; the dividends paid and the expenses of administering such estates ; and such other like information as he may deem important. § 54. Statistics of Bankruptcy Proceedings. a Officers shall furnish in writing and transmit by mail such information as is within their knowledge, and as may be shown by the records and papers in their possession, to the Attorney-General, for statistical purposes, within ten days after being requested by him to do so. THE BANKKL'FTCY ACT OF 1898. 583 CHAPTER VI. CREDITORS. § 55. Meetings of Creditors. a Tlie court shall cause the first meeting of the creditors of a bankrupt to be held, not less than ten nor more than thirty days after the adjudication, at the county seat of the county in which the bankrupt has had his principal place of business, resided, or had his domicile; or if that place would be manifestly inconvenient as a place of meeting for the parties in interest, or if the bank- rupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held. h At the first meeting of creditors the judge or referee shall preside, and, before proceeding with the other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt or cause him to be examined at the instance of any creditor, c The creditors shall at each meeting take such steps as may be pertinent and necessary for the promotion of the best interests of the estate and the enforcement of this act. d A meeting of creditors, subsequent to the first one, may be held at any time and place when all of the creditors who have secured the allowance of their claims sign a written consent to hold a meeting at such time and place. e The court shall call a meeting of creditors whenever one-fourth or more in number of those who have proven their claims shall file a written request to that effect; if such request is signed by a majority of such creditors, which number represents a majority in amount of such claims, and contains a re- quest for such meeting to be held at a designated place, the court shall call such meeting at such place within thirty days after the date of the filing of the request. / Whenever the affairs of the estate are ready to be closed a final meeting of creditors shall be ordered. § 56. Voters at Meetings of Creditors. a Creditors shall pass upon matters submitted to them at their meetings by a majority vote in number and amount of claims of all creditors whose claims have been allowed and are present, except as herein otherwise provided. & Creditors holding claims which are secured or have priority shall not, 584 THE BANKRUPTCY ACT OF 1898. in respect to such claims, be entitled to vote at creditors' meetings, nor shall such claims be counted in computing either the number of creditors or the amount of their claims, unless the amounts of such claims exceed the values of such securities or priorities, and then only for such excess. § 57. Proof and Allowance of Claims. a Proof of claims shall consist of a statement under oath, in writing, signed by a creditor setting forth the claim, the consideration therefor, and 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 sum claimed is justly owing from the bankrupt to the creditor, h Whenever a claim is founded upon an instrument of writing, such instru- ment, unless lost or destroyed, shall be filed with the proof of claim. If such instrument is lost or destroyed, a statement of such fact and of the circum- stances of such loss or destruction shall be filed under oath with the claim. After the claim is allowed or disallowed, such instrument may be withdrawn by permission of the court, upon leaving a copy thereof on file with the claim. c Claims after being proved may, for the purpose of allowance, be filed by the claimants in the court where the proceedings are pending, or before the referee if the case has been referred. d Claims which have been duly proved shall be allowed, upon receipt by or upon presentation to the court, unless objection to their allowance shall be made by parties in interest, or their consideration be continued for cause by the court upon its own motion. e Claims of secured creditors and those who have priority may be allowed to enable such creditors to participate in the proceedings at creditors' meetings held prior to the determination of the value of their securities or priorities, but shall be allowed for such sums only as to the courts seem to be owing over and above the value of their securities or priorities. / Objections to claims shall be heard aud determined as soon as the con- venience of the court and the best interests of the estates and the claimants will permit. g The claims of creditors who have received preferences, voidable under section sixty, subdivision h, or to whom conveyances, transfers, assignments, or incumbrances, void or voidable under section sixty-seven, subdivision e. have been made or given, shall not be allowed unless such creditors shall surrender such preferences, conveyances, transfers, assignments, or incumbrances. h The value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pur- suant to which such securities were delivered to such creditors or by such creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such value shall be credited upon such claims and a dividend shall be paid only on the unpaid balance. i Whenever a creditor, whose claim against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person THE BANKRUPTCY ACT OF 1898. 585 may do so in the creditor's name, and if he discharge such undertaking in whole or in part he shall he subrogated to that extent to the rights of the creditor. ; Debts owing to the United States, a State, a county, a district, or a muni- cipality as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby and such interest as may have accrued thereon according to law. k Claims which have been allowed may be reconsidered for cause and re- allowed or rejected in whole or in part, according to the equities of the case, before but not after the estate has been closed. I Whenever a claim shall have been reconsidered and rejected, in whole or in part, upon which a dividend has been paid, the trustee may recover from the creditor the amount of the dividend received upon the claim if rejected in whole or the proportional part thereof if rejected only in part. m The claim of any estate which is being administered in bankruptcy against any like estate may be proved by the trustee and allowed by the court in the same manner and upon like terms as the claims of other creditors. n Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication ; or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such time, then within sixty days after the rendition of such judgment: Provided, That the right of infants and insane persons without guardians, without notice of the proceedings, may continue six months longer. § 58. Notices to Creditors. (a) Creditors shall have at least ten days' notice hy mail, to their respective addresses as they appear in the list of creditors of the bankrupt, or as after- wards filed with the papers in the case hy the creditors, unless they waive notice in writing, of (1) all examinations of the bankrupt; (2) all hearings upon applications for the confirmation of compositions; (3) all meetings of creditors; (4) all proposed sales of property; (5) the declaration and time of payment of dividends; (6) the filing of the final accounts of the trustee, and the time when and the place where they will he examined and passed upon; (7) the proposed compromise of any controversy ; (8) the proposed dismissal of the proceedings, and (9) there shall he thirty days' notice of all applications for the discharge of bankrupts. h Notice to creditors of the first meeting shall be published at least once and may be published such number of additional times as the court may direct ; the last publication shall be at least one week prior to the date fixed for the meeting. Other notices may be published as the court shall direct. c All notices shall be given by the referee, unless otherwise ordered by the judge. § 59. Who may File and Dismiss Petitions. a Any qualified jK-rson may file a ixtition to be adjudged a voluntary bankrupt. 586 THE BANKRUPTCY ACT OF 1898. 6 Three or more creditors who have provable claims against any person which amount in the aggregate in excess of the value of securities held by them, if any, to five hundred dollars or over; or if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt. c Petitions shall be filed in duplicate, one copy for the clerk and one for service on the bankrupt. d If it be averred in the petition that the creditors of the bankrupt are less than twelve in number, and less than three creditors have joined as peti- tioners therein, and the answer avers the existence of a larger number of creditors, there shall be filed with the answer a list under oath of all the creditors, with their addresses, and thereupon the court shall cause all such creditors to be notified of the pendency of such petition and shall delay the hearing upon such petition for a reasonable time, to the end that parties in interest shall have an opportunity to be heard; if upon such hearing it shall appear that a sufficient number have joined in such petition, or if prior to or during such hearing a sufficient number shall join therein, the case may be proceeded with, but otherwise it shall be dismissed. e In computing the number of creditors of a bankrupt for the purpose of determining how many creditors must join in the petition, such creditors as were employed by him at the time of the filing of the petition or are related to him by consanguinity or affinity within the third degree, as determined by the common law, and have not joined in the petition, shall not be counted. / Creditors other than original petitioners may at any time enter their appearance and join in the petition, or file an answer and be heard in oppo- sition to the prayer of the petition. g A voluntary or involuntary petition shall not he dismissed hy the peti- tioner or petitioners or for want of prosecution or hy consent of parties until after notice to the creditors, and to that end the court shall, hefore entertain- ing an application for dismissal, require the hanhrupt to file a list, under oath, of all his creditors, with their addresses, and shall cause notice to he sent to all such creditors of the pendency of such application, and shall delay the hearing thereon for a reasonahle time to allow all creditors and parties in interest opportunity to he heard. § 60. Preferred Creditors. a A person shall be deemed to have given a preference if, being insolvent, he has, within four months before the filing of the petition, or after the filing of the petition and before the adjudication, procured or sufi'ered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four THE BANKRUPTCY ACT OP^ 1898. 587 months after the date of the recording or registering of the transfer, if by law such recording or registering is required. h If a hanJcrupt shall have procured or suffered a judgment to be entered against him in favor of any person or have made a transfer of any of his prop- erty, and if, at the time of the transfer, or of the entry of the judgment, or of the recording or registering of the transfer if by law recording or registering thereof is required, and being within four months before the filing of the peti- tion in bankruptcy or after the filing thereof and before the adjudication, the bankrupt be insolvent and the judgment or transfer then operate as a prefer- ence, and the person receiving it or to be benefited thereby, or his agent acting therein, shall then have reasonable cause to believe that the enforcement of such judgment or transfer would effect a preference, it shall be voidable by the trustee and he may recover the property or its value from such person. And for the purpose of such recovery any court of bankruptcy, as hereinbefore defined, and any state court which would have had jurisdiction if bankruptcy had not intervened, shall have concurrent jurisdiction. c If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind for property which becomes a part of the debtor's estates, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recoverable from him. rf If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be re-examined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reason- ble amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. i88 THE BANKKUPTCY ACT OF 1898. CHAPTER VII. ESTATES. § 61. Depositories for Money. a Courts of bankruptcy shall designate, by order, banking institutions as depositories for the money of bankrupt estates, as convenient as may be to the residences of trustees, and shall require bonds to the United States, subject to their approval, to be given by such banking institutions, and may from time to time as occasion may require, by like order increase the number of depositories or the amount of any bond or change such depositories. § 62. Expenses of Administering Estates. a The actual and necessary expenses incurred by officers in the administra- tion of estates shall, except where other provisions are made for their payment, be reported in detail, under oath, and examined and approved or disapproved by the court. If approved, they shall be paid or allowed out of the estates in which they were incurred. § 63. Debts which may be Proved. a Debts of the bankrupt may be proved and allowed against his estate which are (1) a fixed liability as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest; (2) due as costs taxable against an involun- tary bankrupt who was at the time of the filing of the petition against him plaintiff in a cause of action which would pass to the trustee and which the trustee declines to prosecute after notice; (3) founded upon a claim for tax- able costs incurred in good faith by a creditor before the filing of the petition in an action to recover a provable debt; (4) founded upon an open account, or upon a contract express or implied; and (5) founded upon provable debts reduced to judgments after the filing of the petition and before the considera- tion of the bankrupt's application for a discharge, less costs incurred and interest accrued after the filing of the petition and up to the time of the entry of such judgments. h Unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, and may thereafter be proved and allowed ,T^r!in=t hi'? estate. THE BANKRUPTCY ACT OF 1898. 589 § 64. Debts w^hich have Priority. a The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors, and upon filing the receipts of the proper public officers for such payment he shall be credited with the amount tlioreof, and in case any question arises as to the amount or legality of any such tax the same shall be heard and determined by the court. h The debts to have priority, except as herein provided, and to be paid in full out of bankrupt estates, and the order of payment shall be (1) the actual iind necessary cost of preserving the estate subsequent to filing the petition ; (2) the filing fees paid by creditors in involuntary cases, and where property of the bankrupt, transferred or concealed by him either before or after the filing of the petition, shall have been recovered for the benefit of the estate of tlie bankrupt by the efforts and at the expense of one or more creditors, the reasonable expenses of such recovery; (3) the cost of administration, includ- ing the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney's fee, for the pro- fessional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the bankrupt in involuntary cases while performing the duties herein described, and to the bankrupt in voluntary cases, as the court may allow; (4) wages due to workmen, clerks, traveling or city salesmen,^ or servants which have been earned within three months before the date of the commencement of proceed- ings, not to exceed three hundred dollars to each claimant; and (5) debts owing to any person who by the laws of the States or the United States is entitled to priority. c In the event of the confirmation of a composition being set aside, or a discharge revoked, the property acquired by the bankrupt in addition to his estate at the time the composition was confirmed or the adjudication was made shall be applied to the payment in full of the claims of creditors for property sold to him on credit, in good faith, while such composition or discharge was in force, and the residue, if any, shall be applied to the payment of the debts which were owing at the time of the adjudication, ■§ 65. Declaration and Payment of Dividends. a Dividends of an equal per centum shall be declared and paid on all .allowed claims, except such as have priority or are secured. /' The first dividend shall be declared within thirty days after the adjudica- tion, if the money of the estate in excess of the amount necessary to pay the tiebts which have priority and such claims as have not been, but probably will be, allowed cEE WHEN THIS ACT SHALL GO INTO EFFECT. The original act of 1898 provided as follows. a This act shall go into full force and effect upon its passage : Provided, hoivever. That no petition for voluntary bankruptcy shall be filed within one month of the passage thereof, and no petition for involuntary bankruptcy shall be filed within four months of the passage thereof. h Proceedings commenced under State insolvency laws before the passage of this act shall not be affected by it. The amendatory act of 1903 provides as follo'wa. §19. That the provisions of this amendatory act shall not apply to bankruptcy cases pending when this act takes effect, but such cases shall be adjudicated and disposed of conformably to the provisions of the said act of July first, eighteen hundred and ninety-eight. The amendatory act of 1910 provides as follo^ws. §14. That the provisions of this amendatory Act shall not apply to hankruptcy cases pending when this Act talces effect, hut such cases shall he adjudicated and disposed of conformably to the provisions of said Act approved July first, eighteen hundred and ninety-eight, as amended hy said Act approved February fifth, nineteen hundred and three, and as further amended by said Act ap- proved June fifteenth, nineteen hundred and six. Approved, June 25, 1910. INDEX TO BANKRUPTCY ACT OF 1898. [As amended.] A. PAGE Abatement of bankruptcy proceedings 565 Absence of referee, efifect of 578 Acceptance of composition by creditors, when necessary 566 Accounts by clerks in bankruptcy proceedings. 582 of insolvent partnership 563 trustees 578 notice to creditors of filing 585 A cts of bankruptcy, in what to consist 562 Additional compensation to officers 560 parlies in bankruptcy proceedings 560 property of bankrupt, application of ,589 Adj udication of property, definition of 557 provisions as to 569 on default of pleadings ,569 decree to be filed where real estate is situated 579 Administration of oaths and affirmations 570 Admission of insolvency, effect of 500 Affidavits for arrest of bankrupt 565 Affirmation, when taken instead of oath 570 wlio may take 570 Allowance, etc. , of claims against bankrupts 560 of secured creditor 584 provision as to 584 preferred claims 584 set-offs and counterclaims 592 State, county, etc., debts . . . . 585 Amendments to act, effect of 594 Amount of dividend to be collected 590 referee's bond 581 trustee's bond 58 1 Answer, averments in, as to number of creditors 586 in bankruptcy proceedings, provisions as to 569 Appeal, bond of trustee not required on 572 in bankruptcy proceedings, when allowed , 572 time for taking 572 Appearance of creditors after filing of petition 586 Appellate courts, definition of 557 jurisdiction of 571 Application for confirmation of composition, filing, etc., of 5GG discharge, filing, etc. , of 567 of additional property of bankrupt 590 Appointment of receivers of bankrupt estates 560 referees 575 trustees 561, 578 595 596 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Apportionment of compensation among referees 577 Appraisal of bankrupt's property 593 Appropriation of proceeds of insolvent partnership property 563 Approval by court of compromise 573 of expenses in administering bankrupt estates , 588 Arbitration of controversies 572 Arrest of bankrupts 565 Attendance of witnesses 570 Attorney, etc. , transfers in contemplation of insolvency to 587 general, duties of 583 to receive statistical information, etc 582 Averments in petition as to number of creditors 586 Avoidance of bankrupt's acts by trustee 593 B. Bail of bankrupt, about to depart 565 Banking institutions as depositories for moneys, etc 588 Bankrupt, death or insanity of 565 definition of 557 duties of 564 effect of discharge on co-debtors of 503 exemption of, under State law 564 extradition of 561 , 566 protection and detention of 565 suits by and against 566 trial, etc. , of 560 who may become 563 estate, allowance of claims against 560 collection of 560 proof, etc. , of claims of 584 Bankruptcy, definition of commencement of 558 of certain members of a partnership .... 563 what acts to constitute 562 Banks not to be adjudged bankrupt 563 Bond of banking institutions, acting as depositories 588 in insolvency proceedings . . 563 of referees 581 on release of bankrupt's property 592 suits on, when to be brought 581 Bond by trustees, provisions as to 581 not required on appeal 572 on warrant for seizure of bankrupt's property 592 Books, etc. , in insolvency proceedings 562 Burden of proof in bankruptcy proceedings 562 C. Cash surrender value of policy, payment of 592 Charge of bankrupt estate 560, 563 Certification of controversies to perfect appeal, etc 573 facts, constituting contempt 577 records, kept by referees 577, 578 INDEX TO BANKKUPTOY ACT OF 1898. 597 PAGE Certified copies of proceedings, to be evidence, etc 570 Certiorari in bankruptcy proceedings 572 Children of bankrupts, rights of 5ft5 Circuit courts, jurisdiction of 571 appellate jurisdiction of 571 Claims against bankrupts, allowance of 560 of bankrupt estates, presentation, etc., of 585 proof and allowance of 584 of secured creditors 284 subsequent to declaration of dividends 590 time for presentation of 585 Clerks, compensation of, etc 582, 593 duties of 582 definition of 557 to keep indexes of bankruptcy matters 593, 594 may order reference C69 Closing bankrupt estates 500 Co-debtors of bankrupt 568 Collection of bankrupt estates 560 fees for clerks 582 moneys bj' trustees 578 Commencement of proceedings, definition of 558 Compensation of clerks 582, 593 marshals 583 officers 560 referees. . 577, 594 stenographers employed by referees 576 trustees 579, 580, 594 Composition, confirmation and rejection of 560 Compromise of controversies by trustees 572 notice to creditors of 585 Computation of time 594 Computing number of creditors 574 time for filing petition. ... 562 Conceal, definition of 558 of property by bankrupt, punishment for 573 Concurrent jurisdiction of circuit courts 571 Confirmation of composition 560, 566 Consent for selecting arbitrators .572 when not to cause dismissal of petition 586 Consolidation of cases in bankruptcy 574 Construction of court powers 561 words and phrases 557, 558, 559 Contempt, arrest of bankrupt for 565 manner of punishment for 577 summary hearing on 577 before referee, what to constitute 577 Contents of records kept by referees 564 schedules of property 584 statement in proof of claim 583 statistical tables furnished by Attorney-General 560 Continuance of bankrupt's business 572 Controversies, arbitration of 572 compromise by trustees of 572 in law and equity, iurisdiction over 573 598 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Consular officers, may administer oaths, etc 570 Conveyance of bankrupt's property, trustee to execute 593 with intent to defraud 563 Corporations, definition of 557 may act as sureties on bonds 581 when to be adjudged bankrupt . . 563 bankrupt, liability of stockholders 563 may act as trustees 578 Costs allowed against bankrupt estate 588 in insolvency proceedings 563 of administration 58!) preserving estate 589 taxation of 561 Counterclaims, allowance of 593 Courts, definition of , . . . 558 of bankruptcy, definition of 558 creation of 560 to designate newspapers, etc 573 may call meetings of creditors 583 Credit given by preferred creditor 587 Creditors, definition of 558 meetings of, provisions as to 583 notice to, when given 585 of foreign ':ankrupt 590 related to bankrupts , 586 when may file petitions 586 Custody of bankrupt about to depart 565 D. Damages for seizure, etc. , in bankruptcy , 563, 592 Date of bankruptcy, definition of . . 558 creditors' meetings 583 Death of bankrupt, effect of 565 trustees, effect of 578 Debts allowed against estate of bankrupt 588 definition of 558 created by fraud 568 not scheduled, effect of 568 of United States, etc. , allowance of 585 when not affected by discharge 568 having priority, enumeration of 589 Declaration of dividends on claims 589 Defense to bankruptcy proceedings 562 by trustee of actions against bankrupts , 566 Definitions 557, 558, 559 Denial of insolvency allegations, effect of 562 Departure of bankrupt, as cause for detention 565 Deposit of moneys by trustees 578 Depositions, determination of right to take 570 Depositories of moneys for bankrupt estates 588 Designation of depositories for estates, etc 588 newspapers for publication of notices. , , , 573 INDEX TO BANKRUPTCY ACT OF 1898. 599 PAGE Detention of bankrupts 565 Detcimiuation of issues in bankruptcy 569 right to trial by jury 569, 570 securities held by creditors 58-4 Diplomatic officers may administer oaths, etc 570 Disability of referees, effect of 578 Disbursement of moneys by trustees 578 Discharge of bankrupts, provisions as to 568 definition of 558 when debts not affected by 568 to release bankrupt from debts 568 refusal or revocation of 568 Dismissal of bankruptcy proceedings 560 of petition, provisions as to 586 notice to creditors of 585 Disobedience to orders of referees, effect of 577 Dissolution of liens against bankrupt's property 590 Distribution of bankrupt estates 560 consideration of composition 567 unclaimed dividends 590 Dividend to creditors of foreign bankrupt 590 disposition of unclaimed 590 not affected by subsequent claims 590 payment of, by trustees 579 provisions as to declaration and payment of 589 on reconsidered claims, recovery of 585 Document, definition of 558 Dower right of bankrupt's widow 565 Duties of Attorney-General 583 bankrupts. 564 clerks in bankruptcy proceedings 582 creditors at meetings 583 oflScers 575 referees, enumeration of 576 trustees 578 Effect of certified copies of proceedings as evidence 570 confirmation of composition ....... 567 discharge on co-debtor's of bankrupt 568 time when provisions of bankruptcy act to go into 594 amendments to act 594 Enforcing provisions of bankruptcy law 561 Equity suits, process, etc., in, to apply to bankruptcy proceedings oro Evidence of certified copies of proceedings 570 debt to be filed with proof of claim 584 j urisdiction, what to constitute 571 order approving bond of trustee, effect of 571 preserved by referees 576 Examination of bankrupt 560, o65 notice of 585 wife of bankrupt 570 GOO INDEX TO BANKRUPTCY ACT OF 1898. PAGK Examination of bankrupt expenses in administering bankrupt estates 588' proof of claims by bankrupt 554. Execution of papers, etc. , by bankrupt 554 Exemption from arrest of bankrupt 555. Exemptions of bankrupt, determination of 561 under State laws .... 5^4 Expenses of administering bankrupt estates 588 insolvent partnership, how paid 5(53 recovering property, prior debt 589 Extortion, punishment for 573 Extradition of bankrupt, when made 561, 566 P. Failure to give bond by trustee or referee 581 prove claim, effect of 584 False claims, information by bankrupt as to 560 punishment for presentation of 573. oath, punishment for making 573 Farmers not to be adjudged involuntary bankrupts 563^ Fees, priority in payment of 589' in bankruptcy proceedings 577, 579, 582 of bankrupt attending examination, etc 565 Filing findings of arbitrators 573 notice to take depositions 570 petitions, who entitled to 585 proof of claim 584 Final meeting of creditors, when held 583 Finding of arbitrators, effect, etc. , of . . 573 etc. , of referees 561 Foreign countries, dividend of bankrupt in 590' Forms of procedure, Supreme Court to prescribe 574 Fraud, debts created by, not affected by discharge 568 in obtaining discharge, effect of 568 to vitiate composition , 56T General assignment, etc. , effect of ... 562 reference, when ordered 569, 571 Granting of discharge 56T Hearing on application to confirm composition 56ff discharge, provisions as to 667, 568 bankrupt to attend 564 on filing voluntary petition 569' on notice to creditors 585 of objections to allowance of claims 584 Holiday, definition of 558 INDEX TO BANKRUPTCY ACT OF 1898. 601 I. PAGE Indexes to be kept by clerks " 593, 59-4 Indictment for offenses, limitation of time, as to 574 Infant's claims, time for presentation of 585 Information to be given by bankrupt 564 of offenses, limitation of time for 574 Insane persons, time for presentation of claims of 585 Insanity of bankrupt, effect of 565 Insolvency proceedings under State laws not affected, etc 594 question of. when tried by jury 569 Insolvent person, definition of 558 Insurance policies, title to 593 Interest in patents, etc. , to vest in trustees 592 Involuntary petition, jury trial on filing of 569 J. Joining creditors after filing petition 586 Joint trustees, bonds of 581 Judges, definition of 558 duties at creditors' meeting 583 Judgments, when deemed preference 587 Jurisdiction of appellate courts 571 of courts of bankruptcy 560 evidence of, what constitutes 570 of referees 575 of Supreme Court.. 571 over insolvent partners, etc 563 of State courts 571, 587 of United States courts 571, 587 Jury trials, who entitled to 569 L. Liabilities not affected by discharge 568 Liability of trustees on bonds 581 Liens against bankrupt's property, provisions as to 590, 591 to defraud creditors, validity of 591 through legal proceedings 591 recorded, not affected by bankruptcy 591 Limitation of actions on bonds 581 against trustees 566 bankrupt's examination 565 indictment for offenses, etc 573 time for presentation of claims 585 List of creditors, when filed • 586 M. Manner of bankrupt's extradition 566 voting at creditors' meeting 583 Marshaling assets of insolvent partnership 563, 564 602 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Marshals of bankrupt's estates, appointment of 560 compensation of . _ 582 Masculine gender, construction of 559 Meaning of words and phrases 557^ 558, 559 Meeting of creditors, bankrupt to attend 564 notice of 5P5 provisions as to , 553 voters at 583 Minors, unclaimed dividends of 590 Misbehavior on hearing before referees 577 N. Newspapers, designation of, for publication of notices 573 Notices to creditors, when given 585 Notice to creditors, by referees , 585 publication of 585 designation of newspapers for publication of 573 of taking depositions 570 on failure of personal service of petition 569 Number of creditors T/ho may file petition , 585, 586 of referees 575 Oath, definition of 558 of office of referees • 575 who may administer 570 Objections to allowance of claim 584 Offenses, concurrent jurisdiction of circuit courts over 571 enumeration and punishment of 573 Offer of composition, when made ,566 Officers authorized to administer oaths, etc 570 definition of 558 in bankruptcy, duties, etc. , of 576, 578, 582 of the United States, not to act as referees 575 Orders approving bond of trustee, as evidence, etc 571 confirming, etc., composition 566 of court, bankrupt to comply with 564 as to procedure. Supreme Court to prescribe 574 transferring cases in bankruptcy 574 P. Partners, when to be adjudged bankrupt 5o3 Payment in contemplation of insolvency, validity of 587 of dividends on claims 589 notice to creditors of 585 of taxes, priority of 589 of unclaimed dividends 590 Pendency of petition, notice to creditors of 586 Persons, definition of 558 INDEX TO BANKRUPTCY ACT OF 1898. 603 PAGE Petition, definition of 558 to be filed in duplicate 5S6 ■who may file, etc 585 against insolvent persons, filing of 503 Place of creditors' meetings 583 Pleadings in bankruptcy proceedings 509 Plural number, construction of 559 Possesion of bankriipt's property 592 \v liat deemed 580 Preferred claims, allowance of 584 creditors giving further credit 587 provisions as to 586 Presentation of claims, time for 585, 587 false claims, punishment for . 573 Procedure in courts of bankruptcy 569 Process in bankruptcy proceedings 509 Production of documents before referees 577 Proof of claim, in insolvent partnerships 564 of what to consist 584 solvency, burden of 562 Property of bankrupt 560 Prosecution of actions by trustees 566 want of, not to cause dismissal, etc 586 Protection of bankrupts 565 Publication of notices, to creditors 585 provisions as to 569 designation of newspapers for 573 Punishment of bankrupts 560 for contempt, manner of 577 for offenses, period and enumeration 573 Q. Qualifications of referees 575 trustees 578 Question of insolvency, when tried by jury 569 Real estate, adjudication to be filed where situated 579 Receiver, application for, as act of bankruptcy 562 appointment of, as act of bankruptcy 502 of bankrupt estates, appointment of 500 Reconsideration of allowed claims 5S.") Records of referees, contents of 577 duties as to 577 Recovery of dividends on reconsidered claims 585 property given to attorneys, etc 587 transferred with intent of preference 586, 587 expenses of 589 Re-examination of transfers to attorneys, etc 587 Referees, absence or disability of 578 administration of oaths by 570 604 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Referees appointment, etc., of 577, 575 bonds of 581 compeusatiou of , 594 contempts, before 577 definition of 553 duties of 576 at creditors' meeting 583 interested in bankrupt's estate 576 jurisdiction of 575 notice to creditors by 576, 585 number of 575 oath of office by 575 offenses, punishment of 573, 577 payment of fees to 577 not to practice as attorneys, etc 576 qualifications of 575 records, contents, etc. , of 577 not to be related to judges, etc 575 residence of 575 Reference of cases, after adjudication 569 when may be rendered 569 Refusal of discharge in bankruptcy 568 Regularity of proceedings, evidence of 571 Rejection of composition 560, 567 Removal of referees 575 trustees 578 Reports of expenses in administering bankrupt's estates 588 by trustees 579 Request for call of creditors' meeting 583 Residence, etc., of persons adjudged bankrupt 56o referees 575 Return of petition 569 Revesting of title in bankrupt 593 Revocation of discharge of bankrupt 568 Right to j ury trial, determination of 570 Rules of procedure. Supreme Court to prescribe 574 B. Sale of bankrupt's property 593 notice of 585 Schedule of bankrupt's property ; . . . 564 duty of referee as to 576 Secured creditors, definition of 558 Securities held by creditors, determination of 584 Seizure of bankrupt property under warrant 593 Selection of arbitrators in controversies 573 Service of notice to take depositions 570 petition for involuntary bankruptcy 569 Set-offs, when allowed 592 of credit given by preferred creditors 587 Singular number, construction of 559 INDEX TO BANKRUPTCY ACT OF 1898. G05 PAGE Special reference, when ordered 57l State, definition of 558 court, arrest under order of 565 jurisdiction of 571 debts, payment of 585 law, insolvency proceedings under 594 exemptions under 564 Statement of administration by trustees 579 in proof of claim, contents of 584 Statistics of bankruptcy proceedings by officers, etc 582 Statistical tables furnished by Attorney-General 582 Stay of action by or against bankrupts 566 Stenographers employed by referees 576 Stockholders of bankrupt corporation, liability of 563 Submission of controversies for arbitration 572 Subpoena to be served with petition 569 Subrogation of trustee to rights of lienor 590 Suits by and against bankrupts 566 trustees 566, 571 on referee's bond 581 on trustee's bond 581 Summary hearing for contempts 577 Summoning of special jury 570 Supreme Court, jurisdiction of 571 to prescribe rules of procedure 574 Sureties on referee's or trustee's bonds 581 corporations may act as 581 number of 581 Surplus of insolvent partnership, application of 564 T. Taxation of costs 561 Taxes not to be affected by discharge of bankrupt 568 priority in payment of 589 Terms of referee's office 575 in declaring dividends 589 Time for bringing actions on bonds 581 taking appeals, etc 572 Time of bankruptcy, definition of 558 computation of 574 of creditors' meetings . . 583 of declaration of dividends 589 for filing accounts by trustees 579 Time for tiling petition in insolvency proceedings 502 referee's bond 581 trustee's bond 581 making reports by trustees 579 giving notice to creditors 585 paying dividends 579 unclaimed dividends 590 to plead 56^ for presentation of claims 585 provisions of bankruptcy act taking eSFect 594 GOG INDEX TO BANKRUPTCY ACT OF 1898. PAGE Time for publication of notices to creditors , 585 return of petition 5g9 Title to banlvrupt's property 592 revesting of 57Q evidence of 57I Transfer, definition of 558 in contemplation of insolvency 587 of cases 561, 574 from referees 571 to be executed by bankrupts 564 when deemed preference 562, 586, 587 voidable , 587 Trial, etc., of bankrupts 560 Trustees, appointment of 561 , 578 bonds of 581 compensation of , 579, 580, 594 compromise of controversies of 573 death or removal of 578 definition of 559 defense by, of actions against bankrupts. . . 566 duties of, enumerated 578 offenses by, punishment of , 573 prosecution of bankrupt's actions by 566 of insolvent partnership 563 qualifications of 578 to have title to bankrupt property 592 validity of acts of 579 U. Umpire in arbitration of controversies 573 Unclaimed dividends, disposition of 590 V. Vacanc)' by failure to give bonds 581 in oftice of referees, filing of 578 Validity of transfers, etc., in contemplation of insolvency 590, 591 Value of sureties' property 581 Verification of pleadings 569 Voidable transfers with intent of preference 580. 587 Void, liens to defraud creditors to be 591 Voters at creditors' meetings 583 "W. "Wage-earner, definition of 559, 589 not to be adjudged involuntary bankrupt 563 Wages, priority in ]iayment of 589 "Waiver of jury trial, what to constitute 570 "Warrant for seizure of bankrupt's property 593 on departure of bankrupt 565 "Widows of bankrupts, rights of 565 Wife of bankrupt, examination of 570 Writs of error, wlien allowcfl ,...,.... 572 RULES OF THE DISTRICT COURT IN BANKRUPTCY. SOUTHERN DISTRICT OF NEW YORK. I. PETITIONS. Petitions should state where the debtor has resided, including the street and number, if any, and also where his principal place of business, if any, has been during the preceding six months, or the greater part thereof, and the schedules, as respects creditors in the City of New York, should state the street and number of their residence, or place of business, so far as known. Petitions by one or more of several copartners should state, in case a discharge from copartnership debts is desired, whether there are firm assets, and, if there are, the petition should further state whether the firm and any other partners not joining in the petition are solvent or insolvent, and, if insolvent, the place of residence and whereabouts of such other partners, so far as known, or ascertainable, in order that they may be brought in as parties in case they refuse to join in the petition. Petitions, schedules and other papers filed shall be upon law cap, not more than nine inches wide by fourteen inches long. [See, Weidenfeld v. Tillinghast, 18 Am. B. R. 531.] II. SERVICE OF SUBPOENA— PUBLICATION. Involuntary proceedings, if personal service of the subpoena cannot be made by a delivery of a copy thereof to the debtor or to some adult person who is a member or resident in the debtor's family at his dwelling house or usual place of abode within the district, and if the debtor shall not file an appearance within five days after the return day of the subpcena, the Court, on proof by affidavit of the fore- going facts, and of the whereabouts of the debtor, will make an order directing such debtor to appear, plead, answer, or demur by a day certain to be designated therein, pursuant to Section 738 of the United States Revised Statutes, which order shall be served upon such absent debtor, if practicable, wherever found, or if per- sonal service of such order upon such absent debtor is not practicable, such order shall be published once a week for six consecutive weeks as the Court may direct; and upon proof of such service or publication of said order and of compliance with the terms thereof, proceedings shall be had as upon personal service of the debtor within the district. Upon the petition of one or more of several copartners, where some other member or members of the firm refuse to join in the petition, the like proceedings, if there are firm assets, must be had to bring in the other copartners. 607 608 RULES IN SOUTHERN DISTRICT OF NEW YORK. m. DEPOSIT. Petitioners who have made no deposit with the Clerk for the services of oflScers should be examined by or under the direction of the Referee, on their appearance before him, as regards their means; and if the Referee is not satisfied of the bank- rupt's inability to make the deposit, a report thereof should be made to the Judge. IV. LACHES. In case of unreasonable delay in the bankruptcy proceedings, after an injunction or stay of any other proceeding has been granted, application may be made on any motion day in bankruptcy, on four days' notice, to dissolve the stay, though the time limited in the order granting the stay has not expired. V. TRIAL. In involuntary cases where an answer is interposed denying insolvency or acts of bankruptcy, the issues may be brought to trial on any Monday at 10.30 a. m., on eight days' prior notice of trial by either party. Demurrers may be brought to a hearing on any Monday at 10.30 a. m., on four days' notice. A note of issue must be filed with the Clerk two days before the hearing or trial. VI. MOTIONS. Until further ordered, bankruptcy motions will be heard on Mondays at 10:30 A. M., on four days' notice. A motion calendar will be made up by the Clerk from notes of issue to be filed three days previous. VII. PUBLICATION. Notices for the first meeting of creditors shall be published once only, unless otherwise ordered. VIII. NEWSPAPERS. The following newspapers are designated, in pursuance of Sec. 28 of the act, lor publication of notices and orders: In New York County — " The New York Times." RULES IN SOUTHERN DISTRICT OF NEW YORK. 609 In Westchester County. ." Yonkers Statesman." In Putnam County — " The Putnam County Republican." In Dutchess County — " The Poughkeepsie Daily Eagle." In Columbia County — " The Columbia Republican." In Greene County — " The Catskill Mail." In Sullivan County — [none designated]. In Ulster County — " The Kingston Daily Freeman." In Orange County — " The Newburgh Journal." In Rockland County — " The Nyack Evening Journal." IX. DEPOSITORIES. The following banking institutions are hereby designated as depositories for money of bankrupt estates: In New York County — The Citizens' Central National Bank of the City of New York and The Manhattan Trust Company, and The Trust Company of America and The Bankers Trust Company of New York, The Carnegie Trust Company, The New York Trust Company, The American Exchange National Bank, The Seaboard National Bank. In Westchester County — The Westchester Trust Company, The Mount Vernon Trust Company, The Mutual Trust Company of Westchester County. In Columbia County — The National Hudson River Bank of Hudson. In Greene County — The Catskill National Bank. In Sullivan County — [none designated]. In Putnam County — The Putnam County National Bank. In Dutchess County — The Poughkeepsie National Bank. In Ulster County — The First National Bank of Rondout. In Orange County — The Quassaick National Bank. In Rockland County — The Nyack National Bank. X. WARRANTS AND CHECKS. The Referee before whom a case is pending is designated as the one to counter- sign all warrants and checks for the withdrawal of money from the depository under Rule 29 of the General Orders, unless otherwise specially ordered by the Judge. XI. DISCHARGE AND COMPOSITIONS. Applications for the discharge of the bankrupt, or for confirmation of a com- position, duly verified, should be filed in the first instance with the Referee in charge, who will thereupon fix a day for the hearing before the Judge, which may be upon any Monday at 10.30 a. m., and give the requisite notices thereof to all creditors or other persons interested, and thereafter transmit to the Clerk of the Court three days prior to the return day, due proof of the service of such notices together with the petition for discharge or composition and a certificate or report of the Referee as to the fact whether the bankrupt has in all things conformed to the requirements of the act and has committed none of the offenses and done none 610 RULES IN SOUTHERN DISTRICT OF NEW YORK. of the acts prohibited, in Subdivision b of Section 14, and whether the bankrupt, in the opinion of the Referee, is entitled to his discharge. On the return day, the default of all creditors not appearing in opposition to the discharge or composition shall be entered. Upon due fling of written specifications of the grounds of oppo- sition to the discharge or composition, the same shall be referred to the Referee in charge to take the proofs and testimony offered by the parties, and to ascertain and report the facts. The hearing thereon before the Referee may be brought on any party on four days' notice thereof to the attorney of the other parties. [See, In re Pincus, 17 Am. B. R. 331.] XII. OPPOSING DISCHAEGE— EXAMINATION— EXCEPTIONS. On the return day of the application for discharge or composition the default of all creditors not appearing in opposition thereto shall be entered. If there is no appearance in opposition the bankrupt, if he appears to be entitled thereto, shall be forthwith discharged, or the composition allowed. If any appearance in oppo- sition is filed the bankrupt, who must be personally present, may be examined instanter, if desired by the parties appearing, and specifications in opposition to the discharge must be verified, and filed in the Clerk's office, as required, within ten days after after the said return day, and a copy thereof shall be served upon the bankrupt's attorneys within the same time, and the further hearing on the dis- charge shall stand adjourned two weeks from the return day at the same hour. On such adjourned day any exceptions to the relevancy or suflBciency of the specifications in opposition to the discharge may be brought to a hearing on two days' written notice to the opposing attorneys, which notice shall also state the particular grounds of the exceptions thereto. If the specifications are not excepted to, or if upon exception they are sustained, the same shall be referred to the Referee in charge to take the proofs and testimony offered by the parties, and to ascertain and report the facts. The hearing thereon before the Referee may be brought on by either party on four days' notice thereof to the attorney of the other. After the filing of the Referee's report thereon the further hearing before the Judge may be had on any Monday at 10.30 a. m. on four days' written notice to the parties who have appeared. XIII. FEES OF REFEREE AND TRUSTEE. Where there are no assets and no trustee has been appointed, and no application for a trustee is pending, after a meeting of creditors duly called, the case shall be deemed closed for the purpose of the payment by the Clerk to the Referee of the deposit for his services, when a discharge has been granted or refused to the bank- rupt, or when three months have elapsed after the first meeting of creditors without any application by the bankrupt for his discharge. Where a trustee has been appointed the case shall be deemed closed, and the deposit for his services paid to him on the confirmation of a composition, or on approval of the trustee's final account, and payment of the final dividend, or upon the trustee's verified report that no assets have come into his hands or were dis- coverable. When the case is closed, if no trustee has been appointed, the deposit for trustee's services shall be paid by the Clerk to the petitioner's attorney. KULES IN SOUTHERN DISTRICT OF NEW YORK. Gil XIV. CASE CLOSED— STAY VACATED. If no meeting of creditors has been held, the case shall be deemed closed at the expiration of one year from the date of adjudication, and any stay granted thereon shall therefore be deemed vacated unless otherwise ordered by the Court. XV. INDEMNITY ACCOUNT. The referee's certificate that the case is closed should be accompanied by an itemized statement of the sums deposited with him as indemnity, and of the items of charges against the same, with the dates thereof, and of the balance remaining, if any; and upon the receipt of such statement, together with a certificate that the case is closed, the deposit shall be paid over by the Clerk. XVI. FEES ON SPECIAL REFERENCES. On references of specifications in opposition to discharge, or other special references not within the ordinary duties of referees, they shall be entitled to |5.00 a day, for each day actually spent in the hearings and preparation of report, and the referees in such cases will be designated as " Special Masters " pursuant to United States Equity Rule 82. In a difficult or extraordinary case a higher rate of compensation may be paid if allowed by the Judge. Dated April 10, 1905. XVII. NOTICES TO CREDITORS. All notices mailed by referees to creditors, shall have printed upon the envelope enclosing the notice, the name and address of the referee, with direction to return the same to him, if the person addressed is not found within ten days. Returned notices or a list thereof shall be preserved and reported as required. XVIII. Referees' drafts or orders upon the Trustee for the payment of money to them- selves, are allowed only for expenses already incurred, and shall be accompanied by duplicate vouchers to the Trustee stating the items of the expenses, payment of which is called for; and one of such vouchers shall upon payment be forthwith filed by the Trustee in the Clerk's office. XIX. The referee's monthly accounts of " incidental expenses " must include all charges made and collected pursuant to the " schedule " heretofore authorized. A case will not be deemed closed until any balance or indemnity deposit remain- ing with the referee has been returned to the party who deposited it, or to his 613 RULES IN SOUTHERN DISTRICT OF NEW YORK. attorney, and a voucher therefor returned with the referee's report of the case, or its absence explained. Any such balances still remaining with the referees in casos heretofore closed must be returned as above required, and a report thereon is ordered to be filed by the referees in the Clerk's office on or before August 1st, 1901. XX. If the first meeting of creditors is not called, and the examination of the bank- rupt at such meeting begun, carried on, and completed before the petition for dis- charge is filed, the referee is directed to certify such facts to the court, and there- upon, upon notice to the bankrupt, an application to dismiss the petition for dis- charge may be made. XXI. If the hearing before the referee on specifications of objection to discharge or composition is not begun within one month after the specifications of the objection are referred to the referee, or if, after the hearing is begun, there is unreasonable delay by the bankrupt in carrying on and completing such hearing, the referee is directed to certify such facts to the court; and thereupon, upon notice to the bank- rupt, an application to dismiss the petition for discharge may be made. XXII. In all proceedings in bankruptcy where claim is made to property in the posses- sion of the bankrupt, the property may be delivered to the claimant by order of the bankruptcy court, upon the claimant giving a bond, with sufficient sureties, to abide by all orders and decrees, interlocutory or final, of the court, and pay the amount awarded by the final order or decree rendered in the court where the claim is made or in any appellate court. Before the property is delivered the claimant shall present to the court a bond in which the sureties shall stipulate to abide by all orders of the court, interlocutory or final, and to pay the amount awarded by the final decree rendered by the bankruptcy court or by any appellate court, if an appeal intervene, with interest, and that a decree or judgment be entered sum- marily against them as provided in Rule XXIIl.; and upon such decree or judg- ment being entered, summary process of execution shall be issued against the principal and sureties, by the court in which the claim is presented, to enforce the final order or decree so rendered, or upon appeal by the appellate court. XXIIl. Where proceedings on a final order or decree, made in proceedings for the claim or return of property in the possession of the bankrupt by the claimant to the property, shall not be stayed by appeal duly perfected by security, or order therefor, and the decree shall not be fulfilled or satisfied in ten days after notice to the party or the attorney of the party against whom it shall be rendered, it shall be of course to enter an order or decree that the sureties of such party cause the engagement of their stipulation and the condition of their bond to be performed, or show cause in four days why execution should not issue against them, their lands, goods, and chattels according to their stipulation; and if no cause be then shown, due service having been made on the party or the attorney of the party, a summary decree or judgment shall be rendered against them on their bond and execution issue; but RULES IN SOUTHERN DISTRICT OF NEW YORK. 613 the same may be discharged on the performance of the decree or judgment and payment of all costs. XXIV. In all cases where a bond is taken for the delivery of property upon claim therefor being made, if either of the sureties shall become insolvent pending the proceeding, a new surety may be required by order of the court to be given upon motion and due proof thereof. XXV. A petition for review of a referee's order must be filed with the referee within ten days after the order is made, unless such time is extended by the referee. XXVI. An oflScial auctioneer shall be designated by this court, who may be removed by it at any time. Such auctioneer shall provide an adequate warehouse and shall receive and store in such warehouse, and insure, if requested, movable property of bankrupt estates, without charge for storage if sold at auction by him. Such auctioneer shall give a bond to the United States, to be approved by this court, with sureties or a surety company, in the sum of $50,000, conditioned for the faithful and prompt accounting for all moneys and property which may come into his posses- sion as such auctioneer, for compliance with all rules, orders, and decrees of this Court, and for the faithful performance of the duties of his office in all respects. [See In re Benjamin, 14 Am. B. R. 481, affg. 13 Am. B. R. 18.] XXVII. Sales of the property of bankrupt estates in New York City shall be by public auction by the official auctioneer, unless otherwise specially ordered. Notice of auction sales shall be given to all known creditors by mail and by advertisement in The New York Times, if the sale is in the City of New York, and in the newspapers designated in Rule VIII. if the sale is without the City of New York. Such notice shall be sent and published five days before the sale in cases of sale by receivers, and ten days before the sale in cases of sales by trustees, unless a shorter notice is specially ordered. Sales in New York City shall also be advertised in The New York Times on the morning of the sale. The receiver or trustee conducting the sale may cause such further advertising or notice to be given as he may deem desirable. xxvm. At least two days before a sale a conspicuous notice of such sale shall be placed on the front of the premises where the sale is to take place, and the property placed on exhibition there. When the property sold consists of goods which are usually sold in lots, the goods shall be lotted, the lots numbered, a catalogue prepared, printed ond delivered to all persons requesting it at least two days before the sale. XXIX. The receiver or trustee may direct that the goods be sold first in bulk and Cli RULES IN SOUTHERN DISTRICT OF NEW YORK. then in lots, the highest aggregate amount being accepted, or in any other manner, in his discretion. If the sale is not a simple auction sale, the method to be adopted and any other terms of sale shall be printed on the catalogue and announced by the auctioneer before the sale. The auctioneer shall also announce before each sale and the catalogue shall contain a statement that no sale will be completed without the special order of the court, unless the sale realizes seventy- five per cent, or more of the appraised value of the goods sold. Any goods re- plevined or reclaimed, or for any cause withdrawn from the sale shall be set apart and conspicuously marked, " Withdrawn from sale," and such fact announced by the auctioneer before the sale. XXX. The auctioneer forthwith, upon the completion of the sale, shall deliver to the receiver or trustee a report of the sale and his bill for his services and disburse- ments, duly itemized, and shall pay over the proceeds of the sale as soon as they are collected from the purchasers. XXXI. The auctioneer shall be allowed a reasonable charge for the storage of goods if not sold by him, and his reasonable disbursements for necessary labor, catalogu- ing, printing, insurance, and all other actual and necessary disbursements. He shall also ba allowed the following commissions upon the proceeds of sales made by him: Four per cent, on the first five thousand dollars or any part thereof; two per cent, on the next ten thousand dollars or any part thereof, and one per cent, on any additional amount. No other compensation shall be allowed. XXXII. Any person interested in any estate who is dissatisfied with any charge made by the auctioneer may have the same taxed before the referee in charge of the case, if appointed, and if none is appointed, before the clerk of the court, upon two hours' notice to the auctioneer. XXXIII. Any oflBcial of this court making any charge for any services shall, upon the request of any interested party, deliver to him a statement in writing of such charge, properly itemized, and the amount of such charge may thereupon be taxed by the clerk, upon a notice of two hours if the officer has an office in the City of New York, and twenty-fours hours if he has an office outside of the City of New York. Pursuant to the above rules, Charles Shongood, of 113 Leonard Street, has been appointed official auctioneer of this court, and has duly given a bond for $50,000, which has been duly approved and filed in the office of the clerk of the court. New York, November 12, 1904. RULES IN SOUTHERN DISTRICT OF NEW YORK. G15 XXXIV. Receivers and trustees in bankruptcy are directed not to retain as their attorney or counsel the attorney or counsel of the bankrupt, of the petitioning creditor, of the person applying for the appointment of a receiver or of any creditor, and trustees are also directed not to retain as their attorney or counsel any attorney who has obtained proxies and voted upon the election of such trustee, or who is an attorney for persons holding such proxies, unless a special order authorizing such retainer is obtained. Dated New York, Dec. 8, 1905. XXXV. The referees are directed to exercise, in cases under their charge, an active supervision over trustees in order to prevent delay in the settlement of estates. The provisions of section 47 of the Bankrupt Act, requiring that trustees make reports every two months, and of section 65, requiring dividends to be paid within thirty days after adjudication, if there is sufficient money applicable thereto to pay a dividend of 5 per cent., and thereafter whenever there is sufficient money to pay a dividend of 10 per cent., should be strictly enforced. If any trustee, after due notice from the referee, neglects to make such reports, or to pay such dividends, or unreasonably delays, in any respect, the prompt settlement of the estate, the referee in charge is directed to make a certificate of the facts, and upon it to issue an order, returnable before the judge on any motion day, requiring the trustee to show cause why he should not be removed. Referees are directed to make a report to the court in the months of April and October in each year of all unsettled cases which have been pending before them more than fifteen months. Such reports should contain the title and number of the case, the date when it was referred, and a concise statement showing what substantial proceedings have been had in the case, and why it has not been closed. Dated New York, Jan. 9, 1906. XXXVI. Each referee is required to make up a calendar of cases pending before him in which oral evidence is to be taken. Such calendar shall be called and cases set down for trial in accordance with the practice of this Court in causes triable with- out a jury and without adjournment except for legal cause shown. All evidence of- fered before referees shall be taken stenographically and the notes thereof pre- served, but not transcribed unless ordered by the referee for his own use or at the request of some party in interest. If the referee desires such transcript for his own use it shall be furnished at the cost of the petitioner or moving party and shall be paid for before the final submission of the case. Referees shall make and file their decision in all calendar cases within one month after their final submission, unless such time be extended by order of a judge of this Court, and shall forthwith give written notice of such filing to all the parties in interest or their attorneys who have appeared before them. Dated New York, Dec. 11, 1906. XXXVII. Account books, documents and papers of every description, constituting part of a bankrupt's estate, which have been deposited for storage with the official auctioneer by any receiver, trustee, bankrupt, or other person shall be removed from such storage within one month after the case is closed, and within one year after such deposit in all cases, whether the case is closed or not. If this rule is not 616 RULES IN SOUTHERN DISTRICT OF NEW YORK. complied with the auctioneer may sell the same at public auction, after mailing reasonable written notice of the time and place of such sale to the receiver or trustee or his attorney if the case has not been closed, or to the bankrupt or his attorney if the case has been closed. The auctioneer, upon approval of the court, may appropriate so much of the proceeds of said sale as may be reasonably necessary to pay him a just recompense for the storage charges on such account books and papers. All other property belonging to a bankrupt's estate left on storage with the official auctioneer more than one year shall be liable after such year to reasonable storage charges, and if such storage charges are not paid upon demand the auctioneer may sell such property after sending written notice by mail to the receiver or trustee of the time and place of such sale, and after due advertise- ment as provided in the rules of this court tor auction sales, and shall pay into court the proceeds in excess of storage charges, to wait the further order of the court. Dated March 19, 1908. ADDITIONAL RULES OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, AS AMENDED DEC. 24, 1908. Terms of this court for the trial of actions at law and suits in equity will be held on the first Wednesday after the first Monday of February, April, June, October and December in each year. Fourteen days' notice of trial is required in all cases. Notes of issue, in cases to be tried by a jury, must be filed four- teen days before trial, and in other cases five days before trial. They should state the title of the case, the names of the attorneys, the nature of the action, the date of issue, and whether the trial is to be by a jury. In all suits in equity brought by Trustees in Bankruptcy to recover money or property alleged to have been transferred fraudulently or as a preference, issues shall be tried by a jury, unless otherwise specially ordered, Such issues may be specially framed by the parties. If not so framed the issue shall be whether the complainant is entitled to the relief demanded in the bill of complaint. It is ordered thaj^ the following additional rules in bankruptcy in this court be, and they are, hereby adopted: XXXVIII. In petitions for involuntary bankruptcy, or in an affidavit filed with such petitions, the probable value of the assets of the alleged bankrupt shall be stated. In all cases in which such value shall amount to $1,000 or more an order appointing one of the referees in bankruptcy a special master in the case shall be stamped on the petition. Thereupon the receiver, if one is appointed, or, if no receiver is appointed, the attorney for the petitioning creditors, shall make and file with the designated master as complete a list of the names and addresses of the creditors as can be immediately ascertained. Such list, when filed, shall be at all times open to the inspection of any person. The master, as soon as such list is filed, shall call a meeting of the alleged bankrupt's creditors upon five days' notice sent by mail to the creditors named in such list. At such creditors' meeting the receiver, if one has been appointed, shall make a report of the condition of the estate, and the creditors may appoint a committee or take such action in the case as they see fit. It shall be the duty of such special masters to actively and promptly enforce this rule. RULES IN SOUTHERN DISTRICT OF NEW YORK. . 617 XXXIX. Receivers, on the third motion day after their appointment, unless sooner dis- charged, shall show cause before this court why the receivership should not be vacated, upon notice to all creditors whose names are filed with the special master mentioned in Rule XXXVIII. The clerk shall put a note of such motion on the Motion Calendar when the receiver is appointed, and in case such receiver fails to show cause the clerk shall enter an order vacating the receivership. All persons interested may appear on such motion. XL. All applications before referees for allowances to receivers, trustees or attorneys shall be heard on notice sent by mail to the creditors by the referee. April 19, 1910. RULES OF THE DISTRICT COURT IN BANKRUPTCY. EASTERN DISTRICT OF NEW YORK. Examine schedules and require them to conform to the provisions of the Rules of the United States Supreme Court and the Rules of this Court. II. Notify bankrupt and his attorney to be present before Referee on the day fixed by the Court in the order of reference. III. The day and hour of filing shall be endorsed on each paper filed with Referee. IV. Fix day for first meeting of creditors. Publish first meeting of creditors in newspaper designated by the Court in the county for which the Referee is appointed. Such publication to be made once only, unless Otherwise ordered by the Court. VI. After first meeting of creditors file with Clerk of the Bankruptcy Court a list of the claims proved, under the heading of Unsecured, Secured, and Preferred, with address of each creditor. VII. File with Clerk of Bankruptcy Court the appointment of the Trustee, signed by all persons voting, with proof of publication and certificate of mailing notices. VIII. Notify Trustee of his appointment and the amount of the bond as fixed by cred- itors or Referee. 618 RULES IN EASTERN DISTRICT OF NEW YORK. G19 IX. Referee shall enclose to Trustee a form for his acceptance of the trust. Referee shall file with the Clerk of the Bankruptcy Court notification to Trustee and his acceptance, and approve bond of Trustee. XI. If no creditors appear at first meeting and no claims are proved, and schedule discloses no assets, Referee shall enter order that no Trustee be appointed until further order of the Court. XII. If no creditors appear at first meeting, but proofs of claims are filed, Referee shall appoint a Trustee; but amount of bond fixed by him may be nominal if schedules disclose no assets. XIII. If creditors fail to appoint a Trustee at first meeting, Referee shall appoint Trustee and fix the bond in proportion to the amount of assets disclosed in schedules. XIV. Referees shall appoint appraisers whenever the schedules or the examination of the bankrupt discloses real or personal property of a kind requiring appraisal. Appraisers should be persons thoroughly competent to appraise the property of the bankrupt. XV. On the coming in of the final report of the Trustee, Referees shall declare the amount of dividends on claims proved and allowed, and deliver to the Trustee dividend sheets showing the amount to be paid on each claim allowed, and on the distribution of all assets in hands of Trustee, enter order discharging him of his trust. XVI. If the schedules of bankrupt on his examination disclose no assets, or the report of the Trustee shows no assets. Referee may enter order discharging Trustee of his trust. RULES GOVERNING TRUSTEES. XVII. The attention of Trustees is specially called to Rule XVII of United States Supreme Court, which must be strictly observed. 620 RULES IN EASTERN DISTRICT OF NEW YORK. GENERAL RULES, xvin. Motion days in Bankruptcy will be on Friday of each week at 3 p. M. XIX. The residence and post office address of the bankrupt must be given in his petition. XX. Where an involuntary petition is filed and conforms to the requirements of law, it shall be the duty of the Clerk to enter an order to show cause, and issue a subpoena, returnable on a motion day, stating the time and place when the debtor is to appear, and attach to the subpoena the following notice: " NOTICE TO ALLEGED BANKRUPT. You (and each of you is) are required to plead to the petition in the above matter within ten days after the return day, or within such further time as the court may allow, failing to do so the petition will be taken pro confesso." In case it is impossible to make said subpoena returnable on a motion day within the fifteen days provided by section 18 of the act, the Clerk shall attach to the subpoena the following notice: " The return of the subpoena is made on the day of A. D. at 10.30 A. M., for the following cause: that the return be made on a motion day of this court." XXI. All proofs of claims shall be endorsed with title of proceeding, amount of claim, name of creditor and post oflice address, and, if represented by agent or attorney, the name of the agent or attorney and his post office address, and the referee shall endorse thereon " Allowed," or " Disallowed." XXII. All orders for examination of bankrupt shall be signed by Referee to whom pro- ceedings are referred. XXIII. All summons for attendance of witnesses shall be signed by the Clerk of Bank- ruptcy Court. XXIV. All application for Receivers or Special Warrants to Marshal must be made to the Judge of the Court. XXV. All sales of real or personal property of the bankrupt, or redemption of property from lien, or compounding of claims, must be subject to the approval of the judge of the court before title thereto is passed. RULES IN EASTERN DISTRICT OF NEW YORK. 621 XXVI. A certificate of discharge to bankrupt, on his petition for discharge, will not be granted until referee reports that the bankrupt has conformed to all the require- ments of the Act relating to Bankruptcy. XXVII. Amendments to schedules will be allowed by Referees on application of the petitioner stating the cause of the error in the original on file, and must be made in triplicate and presented to the Referee, who will examine the same, and, if in accordance with the forms and rules of the United States Supreme Court, file the application and his order allowing the same, together with one of the amended schedules with the Clerk of the Court, and also forward to the Trustees a copy of the order allowing amendment with one of the amended schedules, the other amended schedule to be retained by him. xxvm. If after the first meeting of creditors and appointment of a Trustee or Trustees, the schedules filed by the bankrupt should be amended by adding thereto the names of any creditors omitted from the original schedules as filed, such creditors shall be notified that such first meeting of creditors has been held and Trustee or Trustees appointed, and upon duly filing their claims with the Referee and having the same allowed by him, they will be entitled to notice of all further proceedings of which creditors are entitled to notice, and to participation in any dividends to be declared; and if it should be made to appear to the Court by any of the creditors, whose names have been added to the schedules by the amendment thereto that the appointment of the Trustee has been made in violation of the right of the creditors omitted from the original schedules, the said appointment shall be set aside and another meeting of creditors called for the appointment of another Trustee. XXIX. After thirty days have elapsed from the date of the order of reference to a Referee of an adjudicated petition in voluntary bankruptcy, and no proceedings have been taken therein by the bankrupt, due notice having been giving by the Referee to the bankrupt and his attorney (if petitioner is represented by attor- ney) to proceed in the matter, and the time not having been enlarged, the Referee shall report the facts to the Court and apply for an order to show cause, to be served on the bankrupt or his attorney, why the order of adjudication should not be vacated and the petition dismissed. XXX. The amount deposited with the Referee to indemnify him for disbursements shall not exceed for first meeting of creditors, $10, where the number of creditors does not exceed fifty, and for every creditor beyond fifty, ten cents for each addi- tional creditor; for meeting of creditors to consider composition, $15; and for every day occupied after the first day such as the Referee may deem necessary to cover the disbursement, not exceeding $10; and on application by creditor or creditors for examination of bankrupt or witness, $5; and for every day occvpied 622 RULES IN EASTERN DISTRICT OF NEW YORK. after the first day, $5 in addition thereto, unless a greater amount is specially ordered by the Court. XXXI. The amount deposited with the Clerk of the Court to indemnify him for dis- bursements shall not exceed $5 on application for discharge, and $5 on application to confirm composition, unless specially ordered by the Court. XXXII. The Trustee's fee of five dollars deposited with the Clerk, shall be paid to the Trustee upon the coming in of the Referee's report, that the Trustee has been dis- charged from his trust. In case no Trustee is appointed, as provided In General Order No. XV, the Clerk shall, upon the report of the Referee, return the five dollars deposited for fees of Trustee, to petitioner. On the coming in of the Referee's final report, the Clerk shall pay to the Referee the ten dollars deposited as his fees. When there are no assets, the case shall be deemed closed for the purpose of the payment of said fees to the Referee and Trustee, when a discharge has been granted to the Trustee. In cases where there are assets, the case shall be deemed closed upon the confirmation of a composition, or the payment of a final dividend. XXXIII. The following are the newspapers designated in which notices required by the Act of Congress relating to Bankruptcy are to be published: The Brooklyn Standard-Union for the County of Kings. The Daily Star, Long Island City, for the County of Queens. The South Side Signal for the County of Suffolk. The Staten Islander for the County of Richmond. The South Side Observer for the County of Nassau. The Brooklyn Daily Eagle for the County of Kings. XXXIV. The following are the Banking Institutions designated as depositories for the money received by Trustees of bankrupt estates. The Franklin Trust Co., of the County of Kings. The Hamilton Trust Co., of the County of Kings. The Corn Exchange Bank, Staten Island, County of Richmond. The Corn Exchange Bank. Long Island City, County of Queens. The People's Trust Co., County of Kings. The Nassau Trust Co., County of Kings. The Flatbush Trust Co., County of Kings. COMPOSITION. XXXV. When a debtor is desirous of making an offer of composition to his creditors, the petition to consider the same must be filed with the Clerk of the Court, and an application made to the Court for an order of reference to the referee to whom RULES IN EASTERN DISTRICT OF NEW YORK. 633 the matter had been referred, directing a meeting of the petitioner's creditors on 10 days' notice of said meeting, by mail, to all the creditors mentioned in his schedule, and publication of said notice, once, in the designated newspaper. XXXVI. The referee to whom the petition for composition is referred shall, after final consideration of creditors, report the proceedings had before him, with proof of mailing notices of meeting, and the names and addresses of creditors objecting to composition. XXXVII. On the coming in of the report of Referee on petition for composition, an application must be made to the Court, for an order fixing a day for hearing on the order to confirm the composition. XXXVIII. If any names of creditors objecting to the composition offered appear on the report of the Referee, the Clerk of the Court shall send notice of said hearing, by mail, to each creditor so objecting, and make proof of mailing. XXXIX. All creditors voting for, or objecting to, a resolution or offer of composition, must prove their claims and have the same allowed before their vote or objection is recorded. XL. In all cases where the bond required to be given by a Trustee, appointed by the creditors or Referee, is not greater in amount than two hundred dollars, the reteree to whom the matter is referred may accept the individual bond of the Trustee, so appointed. XLI. On specifications in opposition to the discharge of the bankrupt being filed, the matter of the specifications may be referred to a special commissioner, to take the evidence and report the same with his opinion thereon to the Court. The party filing the specifications shall deposit with the person to whom the matter is referred an amount sufficient to cover the expense of taking the proofs and a per diem fee of five dollars for each hearing. Should an adjournment be granted, a per diem fee of three dollars shall be paid by the party requesting the adjourn- ment, provided the referee or commissioner is in actual attendance. XXII. A bankrupt, petitioning for his discharge in voluntary proceedings, must set forth in his petition that he has not been granted a discharge in bankruptcy within six years. 624 RULES IN EASTERN DISTRICT OF NEW YORK. XLIII. On the presentation of a petition for the adjudication of a bankrupt, the Clerk shall enter on the minutes of the Court the name of the attorney presenting the same, and note the proceedings thereon; and the Clerk is hereby directed to attach the seal of the Court when required, and to sign the order of adjudication, the order of reference, and all orders of publication in the proceeding, when any ot such orders shall have been granted by the Judge or Court, and such orders shall be entered thereupon. RULES OF THE DISTRICT COURT IN BANKRUPTCY. NORTHERN DISTRICT OF NEW YORK. SESSIONS OF DISTRICT COITRT. Except during th-e absence or inability of tlie district judge the district court "W'ill be open for the transaction of business as a court of bankruptcy at the United States court room, in the city of Utica, on the first Tuesday of every month, and at the chambers of the judge in Norwich, N. Y., on tlie tliird Tuesday of every month, at 10 o'clock in the forenoon, except during the months of July and August, and when the judge is holding a Term elsewhere. No case or matter in bankruptcy will, in ordinary circumstances, be taken up on other days. In case of the non- attendance of the judge at the time hereby appointed, or at any other time which may by special order be designated for any special session of the court, all proceed- ings shall be continued, as of course and without prejudice, to the next session of the court. The district court 'will also be open for the transaction of business as a court of bankruptcy on the First day of the regular terms appointed to be held at Albany on the second Tuesday in February, at Syracuse on the first Tuesday in April, at Binghamton on the second Tuesday in June, at Auburn on the first Tuesday in October, and at Utica on the first Tuesday in December. II. NOTICE OF MOTIONS AND OTHER HEARINGS. Motions must be noticed and orders to show cause must be made returnable on Tuesdays and at the times and places indicated in the preceding rule. If noticed for any other day, except by leave of the judge, the notice will be treated as a nullity. Notice of motion, if personally served, must be served at least eight days, and if served by mail at least ten days, before the time appointed for the hearing. The judge or referee may, upon an affidavit showing grounds therefor, make an order to show cause why the relief demanded should not be granted and in the order may direct that service of less than eight days shall be sufficient. When not otherwise specially provided for by law, all notices of other hearings and proceedings in bankruptcy shall conform to the foregoing provisions as to notices of motion. 625 '626 KULES IN NOKTHEKN DISTRICT OP" NEW YORK. III. PROCEEDINGS IN COUNTIES WHERE THERE IS NO REFEREE OR NEWSPAPER. In case a petition is filed by or against a bankrupt who resides in any county where there is a vacancy in the ofHce of referee or where the referee is disqualified, absent, sick or otherwise unable to act, tlie reference shall be made to the referee who is most conveniently located to the bankrupt's residence. In ca&e a petition is filed bj^ or against a bankrupt who resides in a county where there is no designated newspaper, or where the designated newspaper for any reason refuses to act, the notices required by law may be published in a newspaper named by the parties in interest published in the county where the bankrupt resides, or the major part of his property is situated. IV. FILING PETITION. DEPOSIT OF FEES. All petitions shall be filed with the clerk at his office in Utica. At the time of filing a petition thirty dollars shall be paid to the clerk by the petitioner, except in cases where a fee is not required by a voluntary bankrupt; being ten dollars for the clerk, fifteen dollars for the referee and five dollars for the trustee. In case the petition is dismissed it shall be the duty of the clerk forthwith, to return to the petitioner the amount deposited for the fees of the referee and trustee, respectively. Voluntary petitions must be filed in triplicate and involuntary petitions in duplicate. When the judge is absent from the district it shall be the duty of the clerk to enter an order as provided in form No. 15, reciting the absence of the judge, and referring the case to the proper referee. "When the judge is present, a court order shall be entered as provided in form No. 14. Fees deposited by the petitioner in an involuntary case must be returned to him by the trustee out of the estate of the bankrupt in all cases where property sufficient for such purpose comes to the hands of the trustee. PETITION IN FORMA PAUPERIS. In case a petition is filed by a proposed voluntary bankrupt which is accom- panied by an affidavit under sub-division 2 of Section 51 of the act, it shall be the duty of the clerk to file said petition without the payment of the fees provided for by law. If the clerk, or the referee to whom said petition is referred, has reason to believe such affidavit is false, he may file a certificate to that effect and cause the bankrupt to be examined. If upon such examination the referee reports in writing that the statements contained in such affidavit are false, and that the bankrupt has or can obtain money with which to pay said fees, such report shall be sufficient proof upon which to base proceedings under subdivision 4 of general order No, XXXV. VI. REFEREES TO FIX TIME AND PLACE OF HEARINGS. The clerk shall mail a copy of the order of reference to the referee, and there- after all proceedings, except such as are required by the act, or by the general RULES IN NORTHERN DISTRICT OF NEW YORK. 627 orders, to be had before the judge shall be had before the referee, who shall fix the time when and the place where he will act upon the matters arising in the case; except that all meetings of creditors must be held in the county of the bankrupt either at the county seat or at a place more convenient for the parties in interest. If the referee cannot attend on the day named in the order of reference he may name a subsequent day within ten days thereafter, and give the bankrupt timely notice of the change; but the day first named shall be the day from which the bankrupt shall be subject to the orders of the court as provided in general order No. XII. If the place named in the order of reference be manifestly inconvenient as a place of meeting for the parties in interest, the referee may fix a more convenient place and give the bankrupt timely notice of the change. vn. INVOLUNTARY PETITION. NOTICE TO DEBTOR. REFERENCE ON DEFAULT. Where an involuntary petition is filed in conformity with law it shall be the duty of the clerk to enter an order to show cause and issue a subpoena, as provided in forms No. 4, and No. 5 respectively, stating the time and place when the debtor is to appear. There shall be endorsed upon the subpoena the following: " Notice to defendant. It is not necessary for you to appear on the return day of this subpoena. You may appear and plead to the petition at any time within five days after said return day." In case no pleadings are filed by the bankrupt or any of his creditors the judge, or, in his absence, the clerk, will enter the proper order without further appearance or motion on the part of the petitioner. VIII. PLEADINGS IN INVOLUNTARY CASES. TRIAL BY JURY. Prior to the denial of bankruptcy as provided in form No. 6, the pleadings in involuntary cases on the part of the alleged bankrupt, or any of his creditors who oppose the adjudication, shall conform as nearly as nlay be to the pleadings of the defendant in an equity action in the circuit court of the United States. In case a jury trial is demanded, as provided by Section 19 of the act, the clerk shall enter an order as provided in form No. 7, and the issue may be noticed for trial at any of the regular terms of the district court and shall proceed in all respects like the trial of any action at common law, except that the court may frame and send. to the jury special questions presenting the issues to be tried. Upon the coming in of the verdict the judge may, in accordance therewith, make an adjudication either that the debtor is or is not a bankrupt. In case a jury trial is not demanded the judge may determine the issues presented by the pleadings or he may refer the same, or any specified issue, to a Special Master to ascertain and report the facts and he shall report the evidence with findings of fact and conclusions of law separately stated. Except in jury trials causes cannot be noticed for proof and witnesses cannot be called and sworn in open court without the previous special allowance of the judge, on adequate cause shown. 628 RULES IN NORTHERN DISTRICT OF NEW YORK. IX. DISMISSAL OF PETITION FOR WANT OF PROSECUTION. Where a motion is made prior to adjudication to dismiss a petition for lack of prosecution or upon consent, notice must be given to the creditors who have ap- peared either as petitioners or in opposition to the petition. As to other creditors whose names do not appear on the record a proclamation made in open court upon the return day of the motion calling upon them to appear and show cause why the petition should not be dismissed shall be deemed a sufficient notice. DISCHARGE AND COMPOSITION. PETITION AND REPORT OF REFEREE. The petition for a discharge or for a confirmation of a composition must be duly verified and be filed with the clerk. The petition for a discharge must con- form to the provisions of general order No. XXXI. and of form No. 57. There must also be presented at some time before the final discharge is granted a report or certificate of the referee that the bankrupt has in all things conformed to the re- quirements of the act, that he has committed none of the offenses and done none of the acts prohibited in sub-division & of Section 14 of the act, and that he is, in the opinion of the referee, entitled to his discharge. Proof of mailing and publication, as provided in the next succeeding rule, shall be sent by the referee to the clerk, at Utica, N. Y., at least two days prior to the hearing, and the clerk shall present the same to the court at the hearing. XI. DISCHARGE ORDER TO SHOW CAUSE. OPPOSITION OF CREDITORS. The order to show cause why a discharge should not be granted or a composi- tion confirmed may be entered by the clerk or the deputy clerk. It must state the time and place of the hearing and direct that the referee give notice as provided in Section 58 of the act to all known creditors and other persons in interest. The notice must be mailed and published once, at least ten days prior to said hearing. Proof of mailing and publication must be presented on the return day of the order. If no creditor or other party in interest appears and opposes, the discharge shall be granted. In case a creditor or other party in interest desires to oppose the granting of the discharge he shall appear on 'the return day and file a verified specification of the grounds of his opposition, as provided in general order No. XXXII. The issue thus joined may be referred to the referee to ascertain and report the facts with his conclusions thereon. Either party may except to said report and the exceptions may be heard by the judge on any court day upon the usual notice. The petitioner may, within five days from the service of a copy of the order of reference, and on giving at least eight days' notice personally or by mail to the objecting creditor, move the court or judge at term or in chambers to have the specifications of objections to the discharge or the confirmation of the composition made more certain and definite. or within such time may demur thereto or move their dismissal; in default whereof such specifications shall be deemed sufficient to present the questions suggested thereby. Such notice of motion or demurrer shall also specify the grounds of objection. RULES IN NORTHEKN DISTRICT OF NEW YORK. G29 XII. PLEADINGS WRITTEN ON LEGAL CAP AND ENDORSED. All petitions, schedules and pleadings shall be written, typewritten, or printed upon white paper of the size of legal cap — approximately thirteen inches long by eight inches wide. All pleadings must be properly indorsed with the name of the court, the title of the cause, and, if the parties appear by an attorney, his name and office address. If the attorney resides in a city, the street and number must be given. XIII. NOTICES AND HOW SERVED. All notices required to be given under Section 58 of the act shall, in case the referee so directs, be given by the bankrupt or his attorney in voluntary cases and by the petitioner or his attorney in involuntary cases, and when so given the person giving the notice shall make return to the referee in the form of an affidavit with the notice, or a copy thereof, annexed, showing due mailing or publication of said notice as required by law. The affidavits of mailing and of publication may be sworn to or affirmed before any officer authorized to administer oaths under Section 20 of the act. Notice to creditors of meetings subsequent to the first, in cases where there are undivided assets, shall be the same as the notice provided for the first meeting in Section 58 of the act. In cases where there are no assets, the referee may, in his discretion, dispense with the publication of such notice. The original notice shall be signed by the referee. It shall be printed upon or inclosed within a sealed post-paid wrapper in such a manner that the address and postmark shall, if possible, be on the same paper as the notice, or, in the discretion of the referee, said notice may be printed upon a postal card or other card. It is not intended by this rule to prohibit the use of " official envelopes." XIV. SALES OF BANKRUPT'S PROPERTY. The sales of the bankrupt's property authorized by the act and general order No. XVIII, shall be under the direction of the referee. Public sales shall be upon the notice required by Section 58 of the act and the act of Congress approved March 3, 1893 {Vol. 27 United States Statutes at Large, page 751), and such additional notice as the referee may direct. XV. LIST OF CLAIMS AND ACCOUNTS TRANSMITTED TO CLERK. General order No. XXIV. shall not be construed to require the referee to transmit to the clerk a separate statement of each proof of debt, but only that he shall transmit a list of the claims proved after he has reason to believe that all the claims have been proved against the estate that will be presented. General order No. XXVI. shall not be construed to require the referee to transmit to the clerk a separate account of each case which may be referred to him, but only a statement of his disbursements in all cases and for all causes since his last monthly return. 630 KULES IN NORTHERN DISTRICT OF NEW YORK. XVI. CLERK TO TRANSMIT PAPERS TO THE REFEREE. The clerk shall transmit all proofs of claims, and other papers filed with him under general order No. XX,. subsequent to the reference, to the referee, except such papers which, by the terms of said general order, are required to be filed with the clerk alone. XVII. FILING OF RETURNS, REPORTS, ADJUDICATIONS, BONDS, ETC. All returns and reports from referees or other officers of the court shall be directed to the clerk of the court at Utica, N. Y., and all returns and reports which by law or the general orders are required to be made to the judge, shall be directed to him in care of the clerk at Utica, N. Y. It shall be the duty of the referee to transmit to the clerk forthwith all adjudications made during the absence of the judge, and all bonds of trustees and the orders approving the same within five days of the approval thereof. The referee shall retain in his possession the papers and records until said case is finally closed. He shall then, within five days, transmit his record book and all papers in the case to the clerk, together with a certificate specifying that the case is closed. XVIII. FEES OF CLERK, REFEREE AND TRUSTEE, WHEN PAID. The trustee's fee of five dollars deposited with the clerk shall be paid to the trustee upon the certificate of the referee that the services of the trustee have been actually rendered and that the case has been closed. He shall be paid such com- missions as may be allowed by the referee under Section 48 of the act as amended upon the order of the referee at the time the dividend is made. The referee shall be paid his commissions at the same time. In case no trustee is appointed, as provided in general order No. XV., the clerk shall, upon the certificate of the referee, return the five dollar deposit to the petitioner. The clerk shall pay to the referee the fifteen dollars deposited as fees of the referee upon receiving the latter's certificate that the case has been closed and that his services have been rendered. Where there are no assets the case shall be deemed closed for the purpose of the payment of said fees to the referee and trustee when a discharge has been granted or refused to the bankrupt. If no application for a discharge has been made the case shall be deemed closed at the expiration of two months from the date of the adjudication. In cases where there are assets the case shall be deemed closed upon the confirmation of a composition or the payment of the final dividend. XIX. MONEY DRAWN BY COUNTERSIGNED CHECKS. When money is deposited in the name of the clerk of the court, or of a trustee, it shall not be drawn unless by check signed by said clerk or trustee, having on its face the number and title of the cause and countersigned by the referee in charge. All checks must conform to this rule and also to the requirements of general order- No. XXIX. The clerk shall furnish to the depositories a copy of said general order and also a copy of this rule. KULES IN NUKTHEK:> i>i«TlUCT OF NEW YOKK. G31 BEFEREES TO DIRECT PROSECUTION AND DEFENSE OF SUITS AND AMENDMENTS. The referee may direct the prosecution and the defense of suits by the trustee as provided in sub-divisions c and d of Section 11 of the act. He may allow amendments to the pleadings and papers which do not involve jurisdictional defects in all matters pending before him and he shall, in the first instance, have full power and authority over the proof and allowance of claims as provided by Section 57 of the act and general order No. XXI. When a petition referred to a referee is insufficient upon its face to confer jurisdiction he shall return the same to the clerk with a statement of the defects noted thereon, and no further proceedings shall be had thereon until a new or amended petition remedying such defects is filed with the clerk. The referee may, upon his own motion, direct that the schedules be made more definite and certain by requiring the street and number to be given where a creditor resides in a city, and the referee may direct that the bankrupt furnish any other information regarding his property or his creditors which the referee may deem essential. XXI. REFEREES TO GRANT STAYS. When a motion for an injunction is pending or is about to be made the referee may, in order to prevent injury to the property of the bankrupt, or otherwise, grant a temporary restraining order staying proceedings until the hearing and decision of said motion. In case all parties in interest agree that said motion be heard by the referee in charge, they may file with the referee a written stipulation to that effect. The decision of the referee on such motion shall be filed with the clerk, and if the referee decides that an injunction shall issue, an order to that effect may be made by the judge. XXII. REFEREES MAY PASS UPON RELEVANCY OF TESTIMONY AND CON- FINE EXAMINATIONS WITHIN REASONABLE LIMITS. Referees may pass upon the competency, materiality and relevancy of evidence in matters properly before them for investigation, and shall have all the powers of the judge comcerning the admission or rejection thereof, and shall note on the record all objections, the rulings thereon and the exceptions which may be taken; and in cases where testimony is excluded they shall note a brief statement by the party offering the same of the facts he expects to prove thereby. Referees shall limit the inquiry before them to relevant and material matters, and in case an examination or cross-examination is unnecessarily prolix, or improperly prolonged, the referee may, in his discretion, limit the time of such examination; or he may impose costs, including the fees of the stenographer and other expenses, upon the party responsible for the improper prolongation. 632 KULES IN NORTHEKN DISTRICT OF NEW YORK. xxin. HEARING OF QUESTION CERTIFIED BY REFEREE. After a question has been certified by the referee pursuant to general order No. XXVII. and as provided in form No. 56, the papers shall be filed with the clerk and the hearing may be brought on before the judge upon any court day by either party by giving the usual notice provided in rule II. of this court. XXIV. CLAIMS NEED NOT BE APPROVED ^VHERE THERE ARE NO ASSETS. In cases which show no assets the referee need not formally approve or disallow- any claims filed with him, except on special request or motion, but such claims shall be returned with the papers to the clerk at the conclusion of the case. If in such a case, assets sufficient to pay a dividend are discovered by the trustee, such claims shall be allowed, continued or disallowed by the referee at the first meeting of creditors after it is determined that such estate will pay a dividend. XXV. REFEREES MAY MAKE RULES IN PROCEEDINGS BEFORE THEM. Referees may make other general or special rules for the guidance of proceed- ings before them within their respective territorial jurisdictions and may from time to time alter and amend the same, provided that such rules shall not be inconsistent with the provisions of the act, with the general orders of the supreme court or with these rules. XXVT. POWERS DELEGATED TO REFEREES. The referees heretofore or hereafter appointed for the Northern district of New York are hereby, respectively, vested with the jurisdiction which, by the bankruptcy act of July 1, 1898, and the general orders of the supreme court, promulgated at the October term of 1898, the court or judge may delegate to or confer upon said referees; and they are, respectively, empowered and authorized to do all acts, take all proceedings, make all orders and decrees, and perform all duties so authorized to be delegated by said act, and said general orders, without special authority in each case and under the general authority conferred by this order. XXVII. SPECIAL ORDER OF JUDGE. In cases not provided for by the bankruptcy act of 1898, the general orders, or these rules, the practice of the district court shall be subject to the special order of the district judge, which order shall be followed even though it may con- flict with these rules. RULES IN NORTHEKN DISTRICT OF NEW YORK. 633 XXVIII. RULES UNDER ACT OF 1867 WHEN APPLICABLE. The rules adopted by this court under the act of 1867, where they are not inconsistent with these rules, the provisions of the act of 1898, and the general orders of the supreme court, shall be followed as far as applicable. XXIX. REVOCATION OF FORMER RULES. The order, dated July 29, 1898, conforming the practice under the bankruptcy act of 1898 to the practice under the bankruptcy act of 1867, the order of the same date regulating the practice in counties where a referee had not been appointed or a newspaper designated, and the order of October 10, 1898, fixing the time for holding special sessions of the court are, and each of them is, hereby vacated. XXX. FEES OF REFEREES AS SPECIAL MASTER. The issues under rules VIII. and XI. shall be referred to the referee as a special master and he shall be entitled to receive for his services five dollars for each day actually spent in hearing such reference and preparing his report. Such sum shall be chargeable in the first instance to the party opposing the adjudication, discharge or composition, respectively, and indemnity may be demanded by the referee before proceeding with the hearing. In case the petition in an involuntary proceeding bo dismissed with costs such sum may be taxed against the petitioning creditors. If a composition is not confirmed or is set aside such sum may, in the discretion of the court, be ordered paid by the trustee. In other cases when matters are referred to the referee as a special master, requiring services not devolving upon him, by virtue of his ofiice, he shall receive a like compensation which shall be chargeable in the first instance to the party bringing on the reference and shall be paid by the party ultimately defeated in such reference. Should such reference, in the cases last referred to be unusually difficult or extraordinary, a higher rate of compensation may be paid if stipulated by both parties and sanctioned by the judge. XXXI. REFEREES NOT TO APPOINT RECEIVERS, ETC. Referees in bankruptcy in this district will not appoint receivers or exercise jurisdiction over or make orders for the direction of receivers appointed by the court, nor will they in any case make an order relating to the deposition of the property in the hands of such receivers or in relation to the accounts of such receivers. All such matters must be brought to the attention of the court appoint- ing the receiver. XXXII. CONFIRMATION OF COMPOSITION. In all cases of composition, the application for confirmation with notice and 634 KULES IN NORTHERN DISTRICT OF NEW YORK. proofs of service must be accompanied by a report from the referee, the offer and acceptances and the certificate of the depository, setting forth the date when the petition was filed, the amount and place of deposit, the names of all the creditors whose claims are allowed and the amount of same and the amount to which each is entitled under the composition; also all expenses and allowances and to whom made and payable. The order of distribution will provide that the same be made by the referee and specify the names of creditors, etc., and the amount to be paid to each. XXXIII. INVENTORIES. Inventories by receivers and trustees of bankrupt estates shall be made and executed in duplicate; one to be filed with the clerk of this court within ten days after completion, the other to be filed with the referee. Failure to comply with this rule shall be ground for removal. XXXIV. ATTORNEY FOR TRUSTEE. Referees shall in no case nominate or appoint an attorney or attorneys for a trustee unless specially directed so to do by the Judge. RULES OF THE DISTRICT COURT IN BANKRUPTCY. WESTERN DISTRICT OF NEW YORK. SESSIONS OF DISTRICT COURT. Except during the absence or inability of the District Judge the District Court will be open for the transaction of business as a Court of Bankruptcy at the United States Court Room, in the City of Buffalo, on Tuesday of every week, at 10 o'clock in the forenoon, except during the month of August, and when the Judge is holding a term elsewhere. No case or matter in bankruptcy will, in ordinary circumstances, be taken up on other days. In case of the non-attendance of the Judge at the time hereby appointed, or at any other time which may by special order be designated for any special session of the Court, all proceedings shall be continued, as of course and without prejudice, to the next session of the Court. The District Court will also be open for the transaction of business as a Court of Bankruptcy on the first days of the regular terms appointed to be held at Elmira on the second Tuesday in January, at Buffalo on the second Tuesday in March, at Rochester on the second Tuesday in May, at Jamestown on the second Tuesday in July, at Lockport on the second Tuesday in October, and at Buffalo on the second Tuesday in November. Bankruptcy business may also be transacted at Canan- daigua on the second Tuesday in September, when the term of the Circuit Court, appointed to be held at that time, is presided over by the District Judge. II. NOTICES OF MOTION AND OTHER HEARINGS. Motions must be noticed and orders to show cause must be made returnable on Tuesdays, and at the times and places indicated in the preceding rule. If noticed for any other day, except by leave of the Judge, the notice will be treated as a nullity. Notice of motion, if personally served, must be served at least eight days, and if served by mail at least ten days, before the time appointed for the hearing. The Judge or referee may, upon an affidavit showing grounds therefor, make an order to show cause why the relief demanded should not be granted and in the order may direct that service of less than eight days shall be sufficient. When not otherwise specially provided for by law, all notices of other hearings and proceedings in bankruptcy shall conform to the foregoing provisions as to notices of motion. III. PROCEEDINGS IN COUNTIES WHERE THERE IS NO REFEREE OR NEWSPAPER. In case a petition is filed by or against a bankrupt who resides in any county where there is a vacancy in the office of referee or where the referee is disqualified, 635 630 RULES IN WESTERN DISTRICT OF NEW YORK. absent, sick or otherwise unable to act, the reference shall be made to the referee who is most conveniently located to the bankrupt's residence. In case a petition is filed by or against a bankrupt who resides in a county where there is no designated newspaper, or where the designated newspaper for any reason refuses to act, the notices required by law may be published in a newspaper named by the parties in interest published in the county where the bankrupt resides, or the major part of his property is situated. IV. FILING PETITION; DEPOSIT OF FEES. All petitions shall be filed with the Clerk at his office in Buffalo. At the time of filing a petition thirty dollars shall be paid to the Clerk by the petitioner, except in cases where a fee is not required by a voluntary bankrupt; being ten dollars for the clerk, fifteen dollars for the referee and five dollars for the trustee. In case the petition is dismissed it shall be the duty of the Clerk forthwith to return to the petitioner the amount deposited for the fees of the referee and trustee, respectively. Voluntary petitions must be filed in triplicate and involuntary peti- tions in duplicate. When the Judge is absent from the district it shall be the duty of the Clerk to enter an order as provided in Form No. 15, reciting the absence of the Judge, and referring the case to the proper referee. When the Judge is present, a court order shall be entered as provided in Form No. 14. Fees deposited by the petitioner in an involuntary case must be returned to him by the trustee out of the estate of the baskrupt in all cases where property sufficient for such purpose comes to the hands of the trustee. V. PETITION IN FORMA PAUPERIS. In case a petition is filed by a proposed voluntary bankrupt which is accom panied by an affidavit under Subdivision 2 of Section 51 of the Act, it shall be the duty of the Clerk to file said petition without the payment of the fees provided for by law. If the clerk, or the referee to whom said petition is referred, has reason to believe such affidavit is false, he may file a certificate to that effect and cause the bankrupt to be examined. If upon such examination the referee reports in writing that the statements contained in such affidavit are false, and that the bankrupt has or can obtain money with which to pay said fees, such report shall be sufficient proof upon which to base proceedings under Subdivision 4 of General Order No. XXXV. VI. REFEREE TO FIX TIME AND PLACE OF HEARINGS. The Clerk shall mail a copy of the order of reference to the referee, and there- after all proceedings, except such as are required by the act, or by the general orders, to be had before the Judge, shall be had before the referee, who shall fix the time when and the place where he will act upon the matters arising in the case; except that all meetings of creditors must be held in the county of the bankrupt, either at the county seat or at a place more convenient for the parties in interest. If the referee cannot attend on the day named in the order of reference he may name a subsequent day within ten days thereafter, and give the bankrupt timely notice of the change; but the day first named shall be the day from which RULES IN WESTERN DISTRICT OF NEW YORK. 637 the bankrupt shall be subject to the orders of the court as provided in General Order No. XII. If the place named in the order of reference be manifestly inconvenient as a place of meeting for the parties in interest, the referee may fix a more convenient place and give the bankrupt timely notice of the change. VII. INVOLUNTARY PETITION— NOTICE TO DEBTOR— REFERENCE ON DEFAULT. Where an involuntary petition is filed in conformity with law it shall be the duty of the Clerk to issue a subpoena, as provided in Form No. 5, stating the time and place when the debtor is to appear. There shall be endorsed upon the subpoena the following: " Notice to defendant. — It is not necessary for you to appear on the return day of this subpoena. You may appear and plead to the petition at any time within five days after said return day." In case no pleadings are filed by the bankrupt or any of his creditors the Judge, or, in his absence, the Clerk, will enter the proper order without further appearance or motion on the part of the petitioner. Order of adjudication in involuntary proceedings shall not be entered until the expiration of five days after the return day of the subpoena. VIII. SERVICE OF SUBPOENA— PUBLICATION. In involuntary proceedings, if personal service of the subpoena cannot be made by a delivery of a copy thereof to the debtor or to some adult person who is a member or resident in the debtor's family, at his dwelling house or usual place of abode within the district, and if the debtor shall not file his appearance within ten days after the return day of the subpoena, the Court, on proof by affidavit of the foregoing facts, and of the whereabouts of the debtor, will make an order directing such debtor to appear, plead, answer or demur by a day certain to be designated therein, pursuant to section 738 of the United States Revised Statutes, which order shall be served upon such absent debtor, if practicable, wherever found, or if personal service of such order upon such absent debtor is not practicable, such order shall be published as provided in the act; and upon proof of such service or publication of said order, and of compliance with the terms thereof, proceedings shall be had as upon personal service of the debtor within the district. Upon the petition of one or more of several copartners, where some other mem- ber or members of the firm refuse to join in the petition, the like proceedings if there are firm assets, must be had to bring in the other copartners. IX. PLEADINGS IN INVOLUNTARY CASES; TRIAL BY JURY. Prior to the denial of bankruptcy, as provided in Form No. 6, the pleadings in involuntary cases on the part of the alleged bankrupt, or any of his creditors who oppose the adjudication, shall conform as nearly as may be to the pleadings of the defendant in an equity action in the Circuit Court of the United States. 638 RULES IN WESTERN DISTRICT OF NEW YORK. In case a jury trial is demanded, as provided by Section 19 of the Act, the Clerk shall enter an order as provided in Form No. 7, and the issue be noticed for trial at any of the regular terms of the District Court, and shall proceed in all respects like the trial of any action at common law, except that the Court may frame and send to the jury special questions presenting the issues to be tried. Upon the coming in of the verdict the Judge may, in accordance therewith, make an adjudication either that the debtor is or is not a bankrupt. In case a jury trial is not demanded the Judge may determine the issues presented by the plead- ings, or he may refer the same, or any specified issue to the referee to ascertain and report the facts. Except in jury trials, causes cannot be noticed for proof and witnesses cannot be called and sworn in open court without the previous special allowance of the Judge, on adequate cause shown. DISMISSAL OF PETITION. Every application to dismiss a voluntary or involuntary petition, as con- templated by Section 59-g of the bankruptcy act, must be by petition in writing, signed and verified by the applicant or his attorney of record, and, if made before the bankrupt's schedules have been filed, such application must be accompanied by a list, verified by the bankrupt, of all his creditors, with their addresses. Upon the filing of such petition and list, when required, an order to show cause why such petition should not be granted may be entered by the Clerk. Thereafter, all proceedings, notices and pleas on such petition shall be the same as or similar to those on orders to show cause why discharges should not be granted as the same are filed by Rule XII. (Adopted Nov. 29, 1907.) XI. DISCHARGE AND COMPOSITION— PETITION AND REPORT OF REFEREE. The petition for a discharge or for a confirmation of a composition must be duly verified and be filed with the Clerk. The petition for a discharge must con- form to the provisions of General Order No. XXXI and of Form No. 57. There must also be presented before the final discharge is granted a report or certificate of the referee that the bankrupt has in all things conformed to the requirements of the act, that he has committed none of the offenses and done none of the acts prohibited in Subdivision b of Section 14 of the Act, and that he is, in the opinion of the referee, entitled to his discharge. Proof of mailing and publication, as provided in the next succeeding rule, together with his certificate of conformity, shall be sent by the referee to the Clerk, at Buffalo, N. Y., at least one day prior to the hearing, and the Clerk shall present the same to the Court at the hearing. RULES IN WESTERN DISTRICT OF NEW YORK. 029. XII. DISCHARGE ORDER TO SHOW CAUSE; OPPOSITION OF CREDITORS. The order to show cause why a discharge should not be granted or a com- position confirmed may be entered by the Clerk or Deputy Clerk. It must state the time and place of hearing, and direct that the referee give notice as provided in Section 58 of the Act to all known creditors and other persons in interest. The notice must be mailed and published once, at least ten days prior to said hearing. Proof of mailing and publication must be presented at least one day prior to the return day of the order. If no creditor or other party in interest appears and opposes, the discharge shall be granted. In case a creditor or other party in interest desires to oppose the granting of the discharge, he shall appear on the return day and file a verified specification of the grounds of his opposition, as provided in General Order No. XXXII. The issue thus joined may be referred to the referee to ascertain and report the facts with his conclusions thereon. Either party may except to said report and the exceptions may be heard by the Judge on any Court day upon the usual notice. The petitioner may, within five days from the service of a copy of the order of reference, and on giving at least eight days' notice personally or by mail to the objecting creditor, move the Court or Judge at term or in chambers to have the specifications of objections to the discharge or the confirmation of the composition made more certain and definite or within such time may demur thereto or move their dismissal; in default whereof such specifications shall be deemed sufficient to present the question suggested thereby. Such notice of motion or demurrer shall also specify the grounds of objection. XIII. CONFIRMATION OF COMPOSITION. In all cases of composition, the application for confirmation with notice and proofs and service must be accompanied by a report from the referee, the offer and acceptances and the certificate of the depository, setting forth the date when the petition was filed, the amount and place of deposit, the names of all the creditors whose claims are allowed and the amount of the same, and the amount to which each is entitled under the composition; also all expenses and allowances, and to whom made and payable. XIV. PETITIONS. Petitions should state where the debtor has resided, including the street and number, if any, and also where his principal place of business, if any, has been during the preceding six months, or the greater part thereof, and the schedules should state the street and number of the residence, or place of business, of the creditors, so far as known. Petitions by one or more of several copartners should state, in case a discharge from copartnership debts is desired, whether there are firm assets, and, if there are, the petition should further state whether the firm or any other partners, not joining in the petition are solvent or insolvent, and. if insolvent, the place of residence and whereabouts of such other partners, so far as 640 RULES IN WESTERN DISTRICT OF NEW YORK. known, or ascertainable, in order that they may be brought in as parties in case they refuse to join in the petition. Petitions, schedules and other papers filed shall be written, typewritten or printed upon white paper of the size of law cap, approximately thirteen inches long by eight inches wide. All pleadings must be properly indorsed with the name of the Court, the title of the cause, and, if the parties appear by an attorney, his name and oflBce address. If the attorney resides in a city, the street and number must be given. [See, In re Hawkins, 11 Am. B. R. 49.] XV. NOTICES AND HOW SERVED. All notices required to be given under Section 58 of the Act shall, in case the referee so directs, be given by the bankrupt or his attorney in voluntary cases, and by the petitioner or his attorney in involuntary cases, and when so given the per- son giving the notice shall make return to the referee in the form of an affidavit with the notice, or a copy thereof, annexed, showing due mailing or publication of said notice as required by law. The affidavits of mailing and of publication may be sworn to or affirmed before any officer authorized to administer oaths under Section 20 of the Act. Notice to creditors of meetings subsequent to the first, in cases where there are undivided assets, shall be the same as the notice provided for the first meeting in Section 58 of the Act. In cases where there are no assets the referee may, in his discretion, dispense with the publication of such notice. The original notice shall be signed by the referee. It shall be printed upon or inclosed within a sealed post-paid wrapper in such a manner that the address and postmark shall, if possible, be on the same paper as the notice, or in the discretion of the referee, said notice may be printed upon a postal card or other card. It is not intended by this rule to prohibit the use of " official envelopes." XVI. SALES OF BANKRUPT'S PROPERTY. The sales of the bankrupt's property authorized by the Act and General Order No. XVIII, shall be under the direction of the referee. Public sales shall be upon the notice required by Section 58 of the Act and the Act of Congress approved March 3, 1893 (Vol. 27, United States Statutes at Large, page 751), and such addi- tional notice as the referee may direct. XVII. LIST OF CLAIMS AND ACCOUNTS TRANSMITTED TO CLERK. General Order No. XXIV shall not be construed to require the referee to trans- mit to the Clerk a separate statement of each proof of debt, but only that he shall transmit a list of the claims proved after he has reason to believe that all the claims have been proved against the estate that will be presented. General Order No. XXVI shall not be construed to require the referee to transmit to the Clerk a separate account of each case which may be referred to him, but only a statement of his disbursements in all cases and for all causes since his last monthly return. RULES IN WESTERN DISTRICT OF NEW YORK. G41 xvin. CLERK TO TRANSMIT PAPERS TO THE REFEREE. The Clerk shall transmit all proofs of claims, and other papers filed with him under General Order No. XX, subsequent to the reference, to the referee, except such papers which, by the terms of said General Order, are required to be filed with the Clerk alone. XIX. FILING OF RETURNS, REPORTS, ADJUDICATIONS, BONDS, ETC. All returns and reports from referees or other officers of the Court shall be directed to the Clerk of the Court at Buffalo, N. Y., and all returns and reports which by law or the general orders are required to be made to the Judge shall be directed to him in care of the Clerk at Buffalo, N. Y. It shall be the duty of the referee to transmit to the Clerk forthwith all adjudications made during the absence of the Judge, and all bonds of trustees and the orders approving the same within five days of the approval thereof. The referee shall retain in his possession the papers and records until said case is finally closed. He shall then, within five days, transmit his record book, and all papers in the case to the Clerk, together with a certificate specifying that the case is closed. XX. FEES OF CLERK, REFEREE AND TRUSTEE, AVHEN PAID. The trustee's fee of five dollars deposited with the Clerk shall be paid to the trustee upon the certificate of the referee that the services of the trustee have been actually rendered and that the case has been closed. He shall be paid such commis- sions as may be allowed by the referee under Section 48 of the Act as amended upon the order of the referee at the time the dividend is made. The referee shall be paid his commissions at the same time. In case no trustee is appointed, as provided in General Order No. XV., the Clerk shall, upon the certificate of the referee, return the five dollar deposit to the petitioner or his attorney. The Clerk shall pay to the referee the fifteen dollars deposited as fees of the referee upon receiving the latter's certificate that the case has been closed and that his services have been rendered. Where there are no assets the case shall be deemed closed for the purpose of the payment of said fees to the referee and trustee when a discharge has been granted or refused to the bankrupt. If no application for a discharge has been made the case shall be deemed closed at the expiration of two months from the date of the adjudication. In cases where there are assets the case shall be deemed closed upon the confirmation of a composition or the payment of the final dividend. XXI. MONEY DRAWN BY COUNTERSIGNED CHECKS. When money is deposited in the name of the Clerk of the Court, or of a trustee, it shall not be drawn unless by check signed by said Clerk or trustee, having on its face the number and title of the cause and countersigned by the referee in charge. All checks must conform to this rule, and also to the requirements of General Order No. XXIX. The Clerk shall furnish to the depositories a copy of said general order and also a copy of this rule. 643 RULES IN WESTERN DISTRICT OF NEW YORK. XXII. REFEREES TO DIRECT PROSECUTION AND DEFENSE OF SUITS AND ALLOAV AMENDMENTS. The referee may direct the prosecution and the defense of suits by the trustee as provided in Subdivision c and d of Section 11 of the Act. He may allow amend- ments to the pleadings and papers which do not involve jurisdictional defects in all matters pending before him, and he shall, in the first instance, have full power and authority over the proof and allowance of claims as provided by Section 57 of the Act and General Order No. XXI. When a petition referred to a referee is insufficient upon its face to confer jurisdiction he shall return the same to the Clerk with a statement of the defects noted thereon, and no further proceedings shall be had thereon until a new or amended petition remedying such defects is filed with the Clerk. The referee may, upon his own motion, direct that the schedules be made more definite and certain by requiring the street and number to be given where a creditor resides in a city, and the referee may direct that the bankrupt furnish any other information regarding his property or his creditors which the referee may deem essential. XXIII. REFEREES TO GRANT STAYS. When a motion for an injunction is pending, or is about to be made, the referee may, in order to prevent injury to the property of the bankrupt, or otherwise, grant a temporary restraining order staying proceedings until the hearing and decision of said motion. In case all parties in interest agree that said motion be heard by the referee in charge, they may file with the referee a written stipulation to that effect. The decision of the referee on such motion shall be filed with the Clerk, and if the referee decides that an injunction shall issue, an order to that effect may be made by the Judge. XXIV. REFEREES MAY PASS UPON RELEVANCY OF TESTIMONY AND CON- FINE EXAMINATIONS WITHIN REASONABLE LIMITS. Referees may pass upon the competency, materiality and relevancy of evi- dence in matters properly before them for investigation, and shall have all the powers, of the Judge concerning the admission or rejection thereof, and shall note on the record all objections, the rulings thereon and the exceptions which may be taken; and in cases where testimony is excluded they shall note a brief statement by the party offering the same of the facts he expects to prove thereby. Referees shall limit the inquiry before them to relevant and material matters, and in case an examination or a cross-examination is unnecessarily prolix, or improperly prolonged, the referee may, in his discretion, limit the time of such examinations; or he may impose costs, including the fees of the stenog- rapher and other expenses, upon the party responsible for the improper pro- longation. RULES IN WESTERN DISTRICT OF NEW YORK. 643 XXV. HEARING OF QUESTION CERTITIED BY REFEREE. After a question has been certified by the referee pursuant to General Order No XXVII, and as provided In Form No. 56, the papers shall be filed with the Clerk and the hearing may be brought on before the Judge upon any Court day by either party by giving the usual notice provided in Rule II of this Court. XXVI. CLAIMS NEED NOT BE APPROVED WHERE THERE ARE NO ASSETS. In cases which show no assets the referee need not formally approve or dis- allow any claims filed with him, except on special request or motion, but such claims shall be returned with the papers to the Clerk at the conclusion of the case. If, in such a case, assets sufficient to pay a dividend are discovered by the trustee, such claims shall be allowed, continued or disallowed by the referee at the first meeting of creditors after it is determined that such estate will pay a dividend. XXVII. REFEREES MAY MAKE RULES IN PROCEEDINGS BEFORE THEM. Referees may make other general or special rules for the guidance of proceed- ings before them within their respective territorial jurisdictions, and may from time to time alter and amend the same, provided that such rules shall not be in- consistent with the provisions of the act, with the general orders of the Supreme Court, or with these rules. XXVIII. The referees heretofore or hereafter appointed for the Western District of New York are hereby, respectively, vested with the jurisdiction which, by the Bank- ruptcy Act of July 1, 1898, and its amendments, and the general orders of the Supreme Court promulgated at the October Term of 1898, the Court or Judge may delegate to or confer upon said referees: and they are, respectively, empowered and authorized to do all acts, take all proceedings, make all orders and decrees, and perform all duties so authorized to be delegated by said act, and said general orders, without special authority in each case, and under the general authority conferred by this order. XXIX. The issues under Rules IX and XI shall be referred to a special master, and he shall be entitled to receive for his services five dollars for each day actually spent in hearing such reference and preparing his report. Such sum shall be charge- able in the first instance to the party opposing the adjudication, discharge or composition, respectively, and indemnity may be demanded by the special master before proceeding with the hearing. In case the petition in an involuntary pro- ceeding be dismissed with costs such sum may be taxed against the petitioning creditors. If a composition is not confirmed, or is set aside, such sum may, in the discre- tion of the Court, be ordered paid by the trustee. 644 RULES IN WESTERN DISTRICT OF NEW YORK. Should such reference, in the cases last referred to, be unusually difficult or extraordinary, a higher rate of compensation may be paid if stipulated by both parties and sanctioned by the Judge. XXX. SPECIAI. ORDER OF JUDGE. In cases not provided for by the Bankruptcy Act of 1898, the general orders, or these rules, the practice of the District Court shall be subject to the special order of the District Judge, which order shall be followed even though it may conflict with these rules. XXXI. DEPOSITORIES FOR MONEYS IN BANKRUPTCY. The orders heretofore made on August 20, 1900, September 4, 1902, September 18, 1902, and April 24, 1903, designating the Third National Bank of Buffalo, Marine National Bank of Buffalo, Columbia National Bank of Buffalo, and Manu- facturers and Traders National Bank of Buffalo, as places of deposit for moneys paid into Court in bankruptcy and as depositories for the money of bankrupt estates, are hereby continued, and the said banks are designated as such deposi- tories. XXXII. REVOCATION OF FORMER RULES. The order, dated June 9, 1900, adopting the rules of the Northern District of New York, as in force and effect on the 12th day of May, 1900, but so much thereof only as relates to the practice of bankruptcy, under the Bankruptcy Act of 1898, as far as may be applicable, as the rules of practice of this Court, and the various subsequent orders amending the said rules, are and each of them is hereby vacated. RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF MASSACHUSETTS. I. Petitions and schedules shall conform in size and arrangement to the blanks now in use in this District and other papers filed shall conform to such blanks as nearly as may be. All papers shall be written legibly, or printed. II. Amendments to the schedules shall be sworn to and filed in triplicate with the clerk, or with the referee. Ill, Each item in the schedules not otherwise filled out, shall be carried out by the entry " nothing ". The address of creditors residing in cities and large towns shall be given by street and number. If either street or number is unknown, it shall be so stated in the schedule. An individual petition filed by a member of the firm which is not insolvent, shall contain the names and residences of all members of the firm. The schedules of said petition shall show the different classes of debts. VI. The petition of a corporation shall be signed by its treasurer, cashier or chief financial officer. The petition of a banking corporation shall be signed by its pres- ident, cashier or treasurer. VII. A bankrupt intending to offer terms of composition to his creditors, may notify the referee of his intention to do so, before the order for the first meeting is made; and in such case, the referee shall include in the notice of the first meeting a statement of the terms of composition to be proposed. 645 646 RULES IN DISTRICT OF MASSACHUSETTS. vin. In case of composition the deposit shall be sufficient to pay the proposed percentage upon all unsecured debts scheduled by the bankrupt, unless the Court should otherwise order. IX. Upon the acceptance of terms of composition by the creditors, the referee shall send to the clerk's office a list of the claims proved, and his report concerning (1) the examination of the bankrupt, (2) the terms of composition and the acceptance thereof, (3) the cost of proceedings before the referee, including those of the trustee, (4) the sufficiency of the deposit, and (5) the propriety of confirming the composition. X. A trustee shall be allowed additional compensation for professional services rendered in the administration of the estate only when the referee, before the services are rendered, shall have authorized, in writing, the trustee to make ad- ditional charge therefor. This may be done in the discretion of the referee, when he is of opinion that the services are necessary, can be most efficiently rendered by the trustee, and are not included in the duties imposed upon the trustee by the Bankrupt Act. XI. An itemized account shall be annexed to the proof of debt in every case where this is possible. XII. An assignment of the right to collect and receive a dividend in bankruptcy or a payment in composition, or a waiver of the deposit in Court of the consideration to be paid by the bankrupt to a creditor in a case where a composition has been offered, shall be acknowledged before an officer authorized to administer oaths, who shall certify that the assignor is personally known to him. No such waiver shall be good or valid unless the waiving creditor shall have filed a proof of his claim. XIII. Under an order for the examination of a bankrupt or other witness, any person interested may carry on the examination as effectually as the person at whose instance the order was made, and any person interested may take up and support a motion or petition filed by another person. XIV. The accounts of referees returned to Court under General Order XXVI shall be filed with the clerk, and may thereafter be examined by any person interested. If no objection to their allowance is filed within ten days of their return, they may be allowed without further notice. RULES IN DISTRICT OF MASSACHUSETTS. 647 XV. A petition under General Order XXVII for the review of a judgment, order or finding made by a referee, shall be filed within ten days after the order is made, unless the time of filing .s extended by the Court. A party to such petition who desires to introduce evidence other than that taken before the referee, shall apply in writing to the Judge for leave to do bo, and shall state in his application the substance of the additional evidence to be offered, and the reason of his failure to introduce it before the referee. XVI. A petition for a rehearing shall set out the special matter or cause for which the rehearing is sought. It shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by oath. XVII. The attorney of record of the bankrupt shall not act for any creditor or for the trustee in bankruptcy proceedings. XVIII. The Judge will hear matters in bankruptcy on Mondays at 2 p. m., unless other- "wise ordered. Any party interested may set down a matter for hearing at that time, by delivering or mailing notices in writing to the clerk of the Court, and tc the opposing party, not later than the preceding Thursday. RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF CONNECTICUT. I. Petition should state both debtor's residence and principal place of business- during preceding six months or greater part thereof. II. All petitions, schedules and other papers should be on law cap not more than ten inches wide or fifteen inches long. In involuntary cases as many copies of petition should be filed as there are parties defendant, with one more for the Clerk. All papers should be properly folded and indorsed outside with 1, No. of Case, if known; 2, Title of Court; 3, Title of Case; 4, Character of Paper; 5, Name and. Address of Attorney presenting the same. III. Petitioners making no deposit for oflBcers' fees should be examined by Referee in regard to their means. If he is not satisfied as to bankrupt's inability to make deposit, or as to suflBciency of assets to cover costs of proceedings, he should so report to Court and further proceedings will meantime be stayed. rv. Bankruptcy motions will be heard in U. S. Court Room at Hartford, Monday afternoons, at 2 o'clock. Five days' notice should be given opposing parties. V. Adjudications, orders to show cause upon creditors' petition, etc., will be made as of the place of official residence of the presiding Judge, upon the filing of the proper papers in the Clerk's Office. VI. Writs of subpoena in involuntary cases should be made returnable on the first Monday after filing of petition which will allow six days' notice to be served on the debtor. The writ should contain notice to debtor or defendant that he need not appear on the return day and that five days are allowed thereafter for such ap- pearance and answer. In case the debtor is not found to be served, the Marshal shall forthwith make return of such fact into Court and the Clerk shall issue order for publication of notice of pendency of such petition and of the return day thereon two times in some newspaper published near the last place of debtor's abode and until ten days after such notice shall have been published no adjudication or reference shall be made. 648 RULES IN DISTRICT OF CONNECTICUT. 64» vn. Notice for first meeting of creditors shall be published once only unless specially ordered. vin. The primary meeting of creditors to consider bankrupt's proposal to offer composition shall be ordered and creditors notified by the Referee without any publication. IX. Application for discharge or for confirmation of composition must be filed in Court and shall be at once referred to the Referee in Bankruptcy having charge of the case, who may require a deposit in cash to cover the expense of such applica- tion. Such Referee shall thereupon appoint a time and place for the consideration of such application and for the attendance and examination of the bankrupt, and for appearance to show cause why such application should not be granted; and such Referee, at least ten days before the time so appointed, shall mail to each known creditor a notice thereof, and cause the same to be once published, which notice shall be substantially in the following form, viz.: " District Court of the United States " District of Connecticut. " In the Matter of , Bankrupt. In Bankruptcy. (Upon Petition for Discharge.) (Upon Confirmation of Composition.) " Notice is hereby given that , of in the County of and State of Connecticut, has filed his application, dated A. D., 19.., for a discharge from all his debts in bankruptcy (a confirmation of composition of per cent, proposed by him) and that all his creditors and other persons interested objecting to such discharge (confirmation) may attend before Esq., Referee in Bankruptcy, at his office, in , Connecticut, on the day of 19 . . , at o'clock, . . M., then and there to examine the bankrupt, and to show cause, if any they have, why such discharge should not be granted (composition should not be confirmed.) " The Referee will take all examinations on such application and, if specifications in opposition are filed, will take the evidence thereon, and ascertain and report the facts and forward the papers in the proceeding under such order to the Judge. Each member of a bankrupt partnership should proceed for a discharge by separate application. Specifications in opposition to discharge (confirmation of composition) must be verified and filed with the Referee in charge of the case within ten days after the said return day, and a copy thereof shall be served upon the bankrupt's attorney within the said time. XI. In cases where a person shall be entitled to have a trial by jury and shall have 650 RULES IN DISTRICT OF CONNECTICUT. duly applied therefor, the cause may be continued to the next regular term of the District or Circuit Court as the case may be. xn. General Order No. XXIV shall not be construed to require Referee to transmit to Court any statement of proofs of debt until he shall have reason to believe that all claims have been proved, nor shall order No. XXVI be construed to require Referee to transmit to Clerk other than his general monthly reports of expenses which need not apportion such expenses to each particular case unless required by further order. xin. When there are no assets and no trustee has been appointed, or applied for, after a meeting of creditors duly called, unless dispensed with by order of Court, the case shall be deemed closed for the purpose of the payment by the Clerk to the Referee of the deposit for his services, whether a discharge has been granted or refused to the bankrupt, or when three months have elapsed after the first meeting of creditors without any application by the bankrupt for his discharge. Where a trustee has been appointed, the case shall be deemed closed and the deposit for his services paid to him on the confirmation of a composition, or on approval of the trustee's final account and payment of the final dividend, or upon the trustee's verified report that no assets have come into his hands or were dis- coverable. When the case is closed, if no trustee has been appointed, the deposit for trustee's services shall be paid by the Clerk to the petitioner's attorney. XIV. The several referees in bankruptcy in the cases referred to them are specially designated to oountersign checks as required in (Jeneral Order XXIX. XV. The notice required to creditors of applications to dismiss bankruptcy pro- ceedings both voluntary and involuntary under § 59, g. of the bankrupt law of July 1, 1898, before adjudication and reference, shall be by notice signed by the Clerk, and inserted two times in some newspaper published near the residence of the bankrupt named, at least ten days before any order of dismissal shall be made. After adjudication and reference, the notices given to creditors shall be such as the Referee may order. If any creditor shall appear in opposition to the dismissal within the ten days, the matter m issue shall be placed on the bankruptcy calendar for disposition on the next motion day in bankruptcy at Hartford. See, In re Walder, 18 Am. B. B. 419. In re Hendrick, 14 Am. B. R. 794 and 16 Am. B. R. 218. RULES OF THE DISTRICT COURT . IN BANKRUPTCY. DISTRICT OF NEW JERSEY. ADOPTED MARCH 1. 1910. It is hereby ordered, on this first day of March, 1910, that the following rules be and they are hereby adopted and prescribed for the regulation of proceedings in bankruptcy in the District Court of the United States for the District of New Jersey: SESSIONS OF DISTRICT COURT. The District Court will be open for the transaction of business as a Court of Bankruptcy at the United States court-room, in the city of Trenton, on Monday of every week, at 10:30 o'clock in the forenoon except between July 15th and Sep- tember 1st, when the court is in vacation. The first Monday in September being Labor Day, the first motion day after the summer vacation is always the Tuesday after Labor Day. When other holidays fall on Monday, or when they fall on Sunday, and are observed on Monday, the Tuesday following is the motion day. No case or matter in bankruptcy will, under ordinary circumstances, be taken up on other days. In case of the non-attendance of a Judge at the time hereby ap- pointed, all proceedings shall be continued, as of course and without prejudice, to the next session of the Court. n. NOTICE OF MOTIONS AND OTHER HEARINGS. Motions must be noticed and orders to show cause must be made returnable on Mondays, at Trenton. If noticed for any other day, except by leave of the Judge, the notice will be treated as a nullity. Notice of motion, if personally served, must be served at least five days before the time appointed for the hearing. The Judge or Referee may, upon an affidavit showing grounds therefor, make an order to show cause why the relief demanded should not be granted. When not otherwise specially provided for by law, all notices of other hearings and proceedings in bankruptcy shall conform to the foregoing provisions as to notices of motion. All proofs of service of notices, notes of issue, etc., shall be in the hands of the Clerk at Trenton by the Saturday prior to the motion day upon which the said motion Is to be argued. 651 652 RULES IN DISTRICT OF NEW JERSEY. m. FUSING PETITION— DEPOSIT OF FEES. All petitions and schedules shall be originals (duplicate and triplicate may be in carbon, but each page of all schedules must be signed by the petitioner or bank- rupt, and full sets must be filed; if there are no items, the word "none" shall be inserted) and shall be filed in triplicate with the Clerk at his office in Trenton. At the time of filing a petition thirty dollars shall be paid to the Clerk by the petitioner, except in cases where a petition is filed by a voluntary bankrupt in forma pauperis, being ten dollars for the Clerk, fifteen dollars for the Referee and five dollars for the Trustee. In involuntary cases a deposit of ten dollars for service fees shall also be made with the United States Marshal when petition is filed, the unused balance of which he shall immediately return. In case the petition is dismissed it shall be the duty of the Clerk forthwith to return to the petitioner, or his attorney, the unused portion of the amount deposited for the fees of the Referee and Trustee, respectively. When the Judges are both absent from the district it shall be the duty of the Clerk to enter an order as provided in Form No. 15, reciting such absence, and referring the case to the proper Referee. When either of the Judges is present, a Court order shall be entered as provided in Form No. 14. IV. PROCEEDINGS IN COUNTIES ^VHERE THERE IS NO REFEREE. In case a petition is filed by or against a bankrupt who resides in any county where there is no Referee or where the Referee is disqualified, absent, sick or otherwise unable to act, the reference shall be made to such Referee as the Court may select. PETITION IN FORMA PAUPERIS. In case a petition is filed by a proposed voluntary bankrupt, which is accom- panied by an affidavit under subdivision 2 of section 51 of the act, it shall be the duty of the Clerk to file said petition without the payment of the fees provided for by law. If the Clerk or the Referee to whom said petition is referred has reason to believe such affidavit is false, he may file a certificate to that effect and cause the bankrupt to be examined. If upon such examination the Referee reports in writing that the statements contained in such affidavit are false, and that the bankrupt has or can obtain money with which to pay said fees, such report shall be sufficient proof upon which to base proceedings under subdivision 4 of General Order No. XXXV. VL REFEREES TO FIX TIME AND PLACE FOR HEARINGS. The Clerk shall mail a copy of the order of reference to the Referee, and there- after all proceedings, except such as are required by the act or by the general orders, to be had before a Judge of the Court shall be had before the Referee, who shall fix the time when and the place where he will act upon the matters arising in the case, except that all meetings of creditors must be held in the county of the bankrupt. If the Referee cannot attend on the day named in order of reference RULES IN DISTRICT OF NEW JERSEY. 653 he may name a subsequent day within ten days thereafter, and give the bankrupt timely notice of the change; but the day first named shall be the day from which the bankrupt shall be subject to the orders of the Court, as provided in General Order No. XII. If the place named in the order of reference be manifestly incon- venient as a place of meeting for the parties in interest, the Referee may fix a more convenient place and give the bankrupt timely notice of the change. (See, In re Siebert, 13 Am. B. R. 348.) VII. INVOLUNTARY PETITION— NOTICE TO DEBTOR— REFERENCE ON DEFAULT. Two original involuntary petitions must be filed in cases where there is only one alleged bankrupt, and as many more original petitions shall be filed as there are respondents; all copies, while they may be carbons, shall be signed and verified by the petitioning creditors; it shall then be the duty of the Clerk to enter an order to show cause and issue a subpoena, as provided in Forms Nos. 4 and 5, respect- ively, returnable on a court day, stating the time and place when the debtor is to appear. In case it is impossible to make said subpoena returnable on a Court day within the fifteen days provided by section 18 of the act, or for service to be made in time, the Clerk shall make subpoena returnable on either the first or second Court day thereafter without a special order in each case. There shall be indorsed upon the subpoena the following: " Notice to defendant — It is not necessary for you to appear on the return day of this subpoena. You may appear and plead to the petition at any time within five days after said return day." In case no pleadings are filed by the bankrupt or any of his creditors, the Judge, or, in his absence, the Clerk, will enter the proper order without further appearance or motion on the part of the petitioner. VIII. VOLUNTARY APPEARANCE AND WAIVER IN INVOLUNTARY CASES, Alleged bankrupt may file voluntary appearance and waiver of service of peti tion if desired, in which case the Clerk shall not be required to issue subpoena in the matter, but shall issue the usual order to show cause as per form No. 4 in order to establish the date of the return day. The solicitor to petitioning creditors shall forthwith notify the alleged bankrupt or his solicitor of such date, and at the same time shall mail him a copy of the petition in bankruptcy. The case shall then proceed in the same manner as if service had been regularly made by the United States Marshal. IX. SERVICE OF SUBPOENA— PUBLICATION. In involuntary proceedings, if personal service of the subpoena cannot be made Ijy a delivery of a copy thereof to the debtor or to some adult person who is a member or resident in the debtor's family at his dwelling-house or usual place of abode within the district, and if the debtor shall not file an appearance within five days after the return day of the subpoena, the Court, on proof by affidavit of the foregoing facts, and of the whereabouts of the debtor, will make an order directing 654 RULES IN DISTRICT OF NEW JERSEY. such debtor to appear, plead, answer, or demur by a day certain to be designated therein, pursuant to section 738 of the United States Revised Statutes, which order shall be served upon such absent debtor, if practicable, wherever found, or if personal service of such order upon such absent debtor is not practicable, such order shall be published once a week for two consecutive weeks (being three publications) as the Court may direct; and upon proof of such service or publica- tion of said order and of compliance with the terms thereof, proceedings shall be had as upon personal service of the debtor within the district. Upon the petition of one or more of several copartners, where some other member or members of the firm refuse to join in the petition, the like proceedings, if there are firm assets, must be had to bring in the other copartners. X. INVOLUNTARY CASES— TRIPLICATE SCHEDULES. In involuntary cases the schedules filed by the bankrupt or petitioning creditors (all pages of which shall be signed as in voluntary cases) shall be filed within ten days from the rate of adjudication and shall be in triplicate — one copy for the Clerk, one for the Referee, and one for the Trustee — as in voluntary cases. XI. PLEADINGS IN INVOLUNTARY CASES— TRIAL BY JURY. Prior to the denial of bankruptcy, as provided in Form No. 6, the pleadings in involuntary cases on the part of the alleged bankrupt, or any of his creditors who oppose the adjudication, shall conform as nearly as may be to the pleadings of the defendant in an equity action in the Circuit Court of the United States. In case a jury trial is demanded, as provided by section 19 of the act, the Clerk shall enter an order as provided in Form No. 7, and the issue shall be noticed for trial on a day to be named by the Court, and shall proceed in all respects like the trial of any action at common law, except that the Court may frame and send to the jury special questions presenting the issues to be tried. Upon the coming in of the verdict the Judge may, in accordance therewith, make an adjudication either that the debtor is or is not a bankrupt. In case a jury trial is not demanded, the Judge may determine the issues presented by the pleadings, or he may refer the same, or any specified issue, to the Referee, as Special Master, to ascertain and report the facts. XII. DISMISSAL OF PETITION FOR TVANT OF PROSECUTION. Where a motion is made prior to adjudication to dismiss a petition for lack of prosecution or upon consent, notice must be given to the creditors and all others who have appeared either as petitioners or in opposition to the petition or other- wise; or their consents to the entry of such an order must be obtained. XIII. VACATING ORDER OF ADJUDICATION— THIRTY DAYS. After thirty days have elapsed from the date of the order of reference to a. RULES IN DISTRICT OF NEW JERSEY. 655 Referee of an adjudicated petition in voluntary bankruptcy, and no proceedings have been taken therein by the bankrupt, due notice having been given by the Referee to the bankrupt and his attorney (if petitioner is represented by attorney) to proceed in the matter, and the time not have been enlarged, the Referee shall forthwith report the facts to the Court and apply for an order to show cause, to be served on the bankrupt or his attorney, why the order of adjudication should not be vacated and the petition dismissed. XIV. DISCHARGES AND COMPOSITIONS. o. The petition for a discharge or for a confirmation of a composition must be filed with the Clerk. Such petitions must be duly verified and must conform to the provisions of General Order No. XXXI and of Forms Nos. 57 and 61. There must also be presented before the final discharge is granted a report or certificate of the Referee that the bankrupt has, in all things, conformed to the requirements of the act; that he has committed none of the offenses and done none of the acts pro- hibited in subdivision b of section 14 of the act, and that he is, in the opinion of the Referee, entitled to his discharge. 6. When a debtor is desirous of making an offer of composition to his creditors, the petition to consider the same must be filed with the Referee to whom the matter is referred, requesting a meeting of the petitioner's creditors to consider the same. The Referee shall call such meeting and after final consideration of creditors, report the proceedings had before him, with proofs of publication and mailing, to the Court. He shall also compute and report what amount is required to be deposited by the bankrupt to complete the terms of the composition. On the coming in of the report of Referee on petition for composition, a petition must be filed by the bankrupt with the Clerk for a rule that creditors show cause why said offer of composition should not be confirmed. c. The petition for confirmation of composition shall set forth that the com- position proposed has been accepted in writing by a majority in number and amount of all creditors whose claims have been allowed; that a fund sufficient to pay the consideration proposed, debts having priority, and the costs of the pro- ceedings has been deposited in the depository of the Court nearest or most con- venient to the Referee subject to the order of the Referee and Trustee (if a Trustee has been appointed; if not, then subject to the order of the Referee). Thereupon a rule will issue upon the creditors to show cause why the proposed composition should not be confirmed. Objecting creditors shall enter an appearance thereto on the return day and file specifications of their objection within ten days there- after. d. Proof of mailing and publication shall be sent by the Referee to the Clerk at least two days prior to the hearing, and the Clerk shall present the same to the Court at the hearing. e. Upon the confirmation of a composition the Clerk shall notify the Referee. The Referee shall then prepare and mail to all creditors checks for the amounts due them respectively, said checks to be signed by the Trustee (if there be one) and countersigned by the Referee, in the same manner so near as may be as similar acts are done by them in the usual administration of bankruptcy estates where there are assets and where no composition has been proposed. 656 RULES IN DISTRICT OF NEW JERSEY. XV. DISCHARGE— ORDER TO SHOW CAUSE— OPPOSITION OF CREDITORS. The order to show cause why a discharge should not be granted or a composi- tion confirmed may be entered by the Clerk. It must state the time and place of the hearing, and direct that the Referee give notice, as provided in section 58 of the act, to all known creditors and other persons in interest. The notice must be mailed, and published once at least, ten days prior to said hearing. Proof of publication and mailing must be presented on the return day of the order. If no creditor or other party in interest appears and opposes, the discharge shall be granted, provided the Referee has certified that bankrupt has com- plied with the requirements of the act and is entitled to a discharge. If the Referee's certificate of conformity is not received by the return day, said return day shall be adjourned from week to week until it is received. In case a creditor or other party in interest desires to oppose the granting of the discharge, he shall cause to be filed on the return day his appearance (in which the creditor's name shall appear) in opposition to discharge, and file a verified specification of the grounds of his opposition within ten days thereafter, as provided in General Order No. XXXII. The issue thus joined may be referred to the Referee as Special Master, to ascertain and report the facts, with his conclusions thereon. Either party may except to said report within ten days, and the exceptions may be heard by the Judge on any Court day upon five days' notice, proof of which shall be filed with the Clerk by the Saturday before the day of argument. XVI. ALIiOWANCE TO SPECIAL MASTERS. a. The issue under Rules 11 and 15 shall be referred to the Referee as a Special Master, and he shall be entitled to receive for his services ten dollars for each day (with proportionate rates for half and quarter days) actually spent in hearing such reference and preparing his report. Such sum shall be chargeable in the first instance to the party opposing the adjudication, discharge or composition respectively, and indemnity may be demanded by the Referee before proceeding with the hearing. In case the petition in an involuntary proceeding be dismissed with costs, such sum may be taxed against the petitioning creditors. 6. If a composition is not confirmed or is set aside, such sum may, in the dis- cretion of the Court, be ordered paid by the Trustee. c. In other cases, when matters are referred to the Referee as a Special Master to take testimony and report his findings, requiring services not devolving upon him by virtue of his office as Referee, he shall receive a like compensation, which shall be chargeable in the first instance to the party bringing on the refer- ence, and shall be paid by the party ultimately defeated in such reference. Should such references be unusually difficult or extraordinary, a higher rate of com- pensation may be paid if sanctioned by the Judge. d. In cases where references are made to Special Masters under section 21a, or in similar cases where testimony is to be taken but no findings are to be filed, the allowance shall be four dollars per day, or two dollars per half day or fraction thereof. RULES IN DISTRICT OF NEW JERSEY. 657 xvn. PLEADINGS WRITTEN ON LEGAL CAP AND INDOBSED. Attorneys to be Attorneys or Counselors Authorized to Practice in This Court. a. All petitions, schedules and pleadings shall be written, typewritten, or printed upon white paper of the size of legal cap — approximately thirteen inches long by eight inches wide. All pleadings must be properly indorsed with the name of the court, the title of the cause, and if the parties appear by an attorney, his name, with his place of business. The attorney shall be an attorney or counselor authorized to practice in this Court. b. An attorney may be admitted to practice in this Court by coming to Trenton, having a motion made by an attorney in good standing, taking the oath and sign- ing the roll in the oflBce of the Clerk. XVIII. NOTICES AND HOW SERVED. All notices required to be given under section 58 of the act shall, in case the Referee so directs, be given by the bankrupt or his attorney in voluntary cases, and by the petitioner or his attorney in involuntary cases, and when so given the person giving the notice shall, make return to the Referee in the form of an affidavit with the notice, or a copy thereof annexed, showing due mailing or publication of said notice as required by law. The affidavits of mailing and of publication may be sworn to or affirmed before any officer authorized to administer oaths under section 20 of the act. The notice shall be printed upon or inclosed within a sealed post-paid wrapper or envelope, or, in the discretion of the Referee, said notice may be printed upon a postal card or other card. It is not intended by this rule to prohibit the use of " official envelopes." XIX. SALES OF BANKRUPT'S PROPERTY. The sales of the bankrupt's property authorized by the act and General Order No. XVIII shall be under the direction of the Referee. Public sales shall be upon the notice required by section 58 of the act and such additional notice as the Referee may direct, unless the Referee orders that the property be sold in the manner authorized by said general order. XX. LIST OF CLAIMS AND ACCOUNTS TRANSMITTED TO CLERK. General Order No. XXIV shall not be construed to require the Referee to transmit to the Clerk a separate statement of each proof of debt, but only that he shall transmit a list of the claims proved after he has reason to believe that all the claims that will be presented have been proved against the estate. General Order No. XXVI shall be construed to require the Referee to transmit to the Clerk a separate account of expenses in each case which may be referred to him, at the close thereof. 658 RULES IN DISTRICT OF NEW JERSEY. XXI. CLERK TO TRANSMIT PAPERS TO THE REFEREE. The Clerk shall transmit all proofs of claims, and other papers sent to hint under General Order No. XX, subsequent to the reference, to the Referee, except such papers which, by the terms of said general order, are required to be filed, with the Clerk alone. XXII. FILING OF RETURNS, REPORTS, BONDS, ETC. All returns and reports from Referees, or other officers of the Court, shall be- directed to the Clerk of the Court at Trenton, and all returns and reports which by law or the general orders are required to be made to the Judge, shall be directed to him in care of the Clerk at Trenton, or to said Clerk. It shall be the duty of the Referee to transmit to the Clerk all appointments of Trustees immediately and all bonds of Trustees, and the orders approving the- same, within five days after the approval thereof. The Referee shall retain in his- possession the papers and records until said case is finally closed. He shall then^ within five days, transmit his record-book and all papers in the case to the Clerks together with a certificate specifying that the case is closed. XXIII. FEES OF CLERK, REFEREE AND TRUSTEE— WHEN PAID. The Trustee's fee of five dollars, deposited with the Clerk, shall be paid to the- Trustee upon the certificate of the Referee that the services of the Trustee have been actually rendered and that the case has been closed. He shall be paid such commissions as may be allowed by the Court, under section 48 of the act, upon the order of the Referee at the time the dividend is made. The Referee shall be paid his commissions at the same time. In case no Trustee is appointed, as provided in General Order No. XV, the Clerk shall, upon the certificate of the Referee, return the five-dollar deposit to the petitioner. In every case the Clerk shall be entitled to receive the filing fee of ten dollars, except as provided in Rules 3 and 5. The Clerk shall pay to the Referee the fifteen dollars deposited as a fee of the Referee, upon receiving the latter's certificate that the case has been closed and that his services have been rendered. Where there are no assets the case shall be deemed closed for the purpose of the payment of said fees to the Referee and Trustee when a discharge has been granted or ' refused to the bankrupt. If no application for a discharge has been made the case shall be deemed closed at the expiration of two months from the date of the adju- dication. In cases where there are assets the case shall be deemed closed upon the confirmation of a composition or the payment of the final dividend. XXIV. MONEY DRAWN BY COUNTERSIGNED CHECKS. When money is deposited in the name of the Clerk of the Court, or of a Trustee, it shall not be drawn unless by check, signed by said Clerk or Trustee, RULES IN DISTRICT OF NEW JERSEY. 659 having on its face the title of the cause and countersigned by a Judge of the Court or by the Referee in charge. All checks must conform to this rule, and also to the requirements of General Order No. XXIX. The Clerk shall furnish to the depositories a copy of said general order, and also a copy of this rule. XXV. BEFEREES TO DIRECT PROSECUTION AND DEFENSE OF SUITS AND AXLOW AMENDMENTS. The Referee may direct the prosecution and the defense of suits by the Trustee, as provided in subdivisions C and D of section 11 of the act. He may allow amendments to the pleadings and papers which do not involve jurisdictional defects in all matters pending before him, and he shall, in the first instance, have full power and authority over the proof and allowance of claims, as provided by section 57 of the act, and General Order No. XXI. When a petition referred to a Referee is insufficient upon its face to confer jurisdiction, he shall return the same to the Clerk, with a statement of the defects noted thereon, and no further proceedings shall be had thereon until a new or amended petition remedying such defects is filed with the Clerk. The Referee may, upon his own motion, direct that the schedules be made more definite and certain, and the Referee may direct that the bankrupt furnish any other information regarding his property or his creditors which the Referee may deem essential. (See, In re Siebert, supra.) XXVT. REFEREES TO GRANT STAYS. When a motion for an injunction is pending, or is about to be made, the Referee may, in order to prevent injury to the property of the bankrupt or other- wise, grant a temporary restraining order staying proceedings until the hearing and decision of said motion. In case all parties in interest agree that said motion be heard by the Referee in charge, they may file with the Referee a written stipu- lation to that effect. The decision of the Referee on such motion shall be filed with the clerk, and if the Referee decides that an injunction shall issue, an order to that effect may be made by the Judge. XXVII. REFEREES MAY PASS UPON RELEVANCY OF TESTIMONY AND CONFINE EXAMINATIONS WITHIN REASONABLE LIMITS. Referees may pass upon the competency, materiality and relevancy of evid- ence in matters before them, and shall have all the powers of the Judge concern- ing the admission or rejection thereof, and shall note on the record all objections, the rulings thereon and the exceptions which may be taken; and in cases where testimony is excluded they shall note a brief statement by the party offering the same of the facts he expects to prove thereby. Referees shall limit the inquiry before them to relevant and material matters, and in case an examination or a cross-examination is unnecessarily prolix, or improperly prolonged, the Referee may, in his discretion, limit the time of such examination; or he may impose costs. C60 RULES IN DISTRICT OF NEW JERSEY. including the fees of the stenographer and other expenses, upon the party respon- sible for the improper prolongation. xxvni. RECEIVERS AND TRUSTEES TO USE ORIGINAL TESTIMONY. Receivers and Trustees shall use the original (Referee's or Court) copy of testimony, and shall not order, at the expense of the estate, a copy for their own usa XXIX. HEARING OF QUESTION CERTIFIED BY REFEREE. After a question has been certified by the Referee pursuant to General Order No. XXVII, and as provided in Form No. 56, the papers shall be filed with the Clerk, and the hearing may be brought on before the Judge upon any court day by either party by giving the usual notice provided in Rule 2 of this Court. Petition to review an order of a Referee shall be filed with said Referee within thirty days of the entry of such order. XXX. IN RELATION TO FRANCHISE AND OTHER TAXES. In all bankruptcy cases wherein there are assets coming under charge of a Receiver or Trustee, it shall be the duty of the Receiver and of the Trustee, in case no Receiver has been appointed, or the duty shall not have been performed by the Receiver, forthwith to ascertain from the proper sources what taxes, if any, including franchise taxes, are claimed to be due and owing by the bankrupt to the United States, the State of New Jersey, or to the city, town or other municipality in which the bankrupt resides, or in which his estate, or any part thereof, is situate, and to make a written report thereof, to the Referee if the case shall have been referred to one, otherwise to the Court, specifying the unpaid taxes upon each piece of property, so far as the same are shown on the tax lists or duplicates, and also the franchise taxes, if any, and the years for which any such taxes have been imposed, to the end that such order may be made in relation thereto, if any, as may be deemed expedient. XXXI. REFEREES MAY MAKE RULES IN PROCEEDINGS BEFORE THEM. Referees may make other general or special rules for the guidance of pro- ceedings before them within their respective territorial jurisdictions, and may from time to time alter and amend the same, provided that such rules shall not be inconsistent with the provisions of the act, with the general orders of the Supreme Court or with these rules. XXXII. POWERS DELEGATED TO REFEREES. The Referees heretofore or hereafter appointed for the district of New Jersey RULES IN DISTRICT OF NEW JERSEY. 661 are hereby respectively vested with the jurisdiction which, by the Bankruptcy act of July 1st, 1898, and the general orders of the Supreme Court, promulgated at the October Term of 1898, the Court or Judge may delegate to or confer upon said Referees; and they are respectively empowered and authorized to do all acts, take all proceedings, make all orders and decrees and perform all duties so authorized to be delegated by said act and said general orders without special authority In each case and under the general authority conferred by this order. XXXIII. SPECIAL ORDER OF JUDGE. In cases not provided for by the Bankruptcy Act of 1898, the general orders or these rules, the practice of the District Court shall be subject to the special order of a Judge, which order shall be followed even though it may conflict with these rules. XXXIV. REFEREE'S EXPENSES AND FEES. There shall be allowed as part of the expense the following fees: 1. Paid for advertisements (vouchers annexed). 2. For all clerical aid in preparing advertisement and notices to creditors of first meeting, mailing the same, and proof thereof, keeping register, files and records, and preparing typewritten memoranda of proceedings prior to the first meeting of creditors, including stationery, envelopes, printing, letters, messages, and all petty expenses ?5 00 (In the final account this item may be called "clerical aid, etc., prior to first meeting.") 3. For similar clerical aid for each of the matters mentioned in section 58, subdivision a 5 00 4. If notices to creditors exceed twenty in number, in addition to the above for each notice in excess of twenty up to fifty (the number of creditors to be stated ) 10 5. For each notice in excess of fifty (all special notices to be paid for at the same rates by the party asking them) 05 6. For office accommodations and for clerical aid in taking and keeping notes and records of proceedings at first meeting of creditors up to choice or appointment and qualification of Trustee 2 50 7. For every other meeting of creditors, including any and every ad- journed meeting 1 50 8. For clerical aid in taking and perpetuating testimony on the examina- tion of the bankrupt or other persons before the Referee (where the parties do not agree with the Referee's approval in taking such examination by them- selves elsewhere), whether taken in long-hand or transcribed from stenog- rapher's notes, to be paid by the party examining the bankrupt or witness, per folio 10 9. For any copy of testimony, to be paid by the party ordering the same, per folio 10 10. For clerical aid in filing, recording and preserving any interlocutory order made by the Referee, to be paid by the party procuring it, each 10 11. For copies of orders or other papers, to be paid by the party ordering them, per folio 10 663 RULES IN DISTRICT OF NEW JERSEY. 12. Clerical aid in receiving, indorsing, filing, recording and preserving proofs of claims, to be paid by each creditor on the allowance of the claim. . 25 13. Expenses of appraisers in appraising nominal assets and reporting. . 3 00 XXXV. NEWSPAPEBS. The following newspapers are hereby designated in pursuance of section 28 of the Bankruptcy act for publication of official notices and orders: County. Newspaper. Address. Atlantic Daily Union Atlantic City. Bergen Bergen County Democrat Hackensack. Burlington New Jersey Mirror Mt. Holly. Camden Camden Courier Camden. Cape May Star and Wave . . Cape May City, Cumberland Bridgeton Evening News Bridgeton. Essex Newark Evening Star and Advertiser Nevv^ark. Gloucester Gloucester County Democrat Woodbury. Hudson Jersey Journal Jersey City. Hunterdon Hunterdon County Democrat Fleinington. Mercer True American Trenton. Middlesex New Brunswick Home News New Brunswick. Monmouth Long Branch News Long Branch. Morris True Democratic Banner Morristown. Ocean . Times and Journal Lakewood Passaic Paterson Morning Call Paterson. Salem Salem Sunbeam Salem. Somerset Unionist-Gazette Somerville. Sussex New Jersey Herald Newton. Union , Summit Record Summit. Warren Belvidere Apollo Belvidere. XXXVI. DEPOSITORIES FOR MONEY OF BANKRUPT ESTATES. The following banking institutions arehereby designated in pursuance of section 61 of the Bankruptcy act as depositories for money of bankrupt estates: Address. Depository. Atlantic City Second National Bank. " Guarantee Trust Co. Belvidere Belvidere National Bank. Bridgeton Bridgetown National Bank. Burlington Mechanics National Bank. Camden Camden Safe Deposit and Trust Co. " Security Trust Co. Centraf Trust Co. Cape May Merchants National Bank. Freehold First National Bank. " Central National Bank. Hackensack Peoples National Bank. Hoboken Second National Bank. Jersey City First National Bank " Commercial Trust Co. of N. J. Millville Mechanics National Bank. RULES IN DISTRICT OF NEW JERSEY. 663 Morristown National Iron Bank, Newark Fidelity Trust Co. " State Banking Co. Federal Trust Co. " Union National Bank. «• Merchants National Bank. «< Essex County National Bank. " National Newark Banking Co. New Brunswick National Bank of New Jersey. " Peoples National Bank. " New Brunswick Trust Co. Newton Sussex National Bank. Passaic Peoples Bank and Trust Co. " Passaic National Bank. Paterson Paterson National Bank. " German- American Trust Co. .*...!.! Hamilton Trust Co. Perth Amboy First National Bank. PJainfield Plainfield Trust Co. Somerville First National Bank. South Amboy First National Bank. Trenton Mechanics National Bank. Broad Street National Bank. Trenton Trust and Safe Deposit Co. Vineland Vineland National Bank. XXXVII. REPEALEB. AND ADOPTION OF BANKRUPTCY RULES. All rules heretofore made which are inconsistent with the foregoing rules are hereby repealed, and these rules shall go into effect on March 1st, 1910. RULES OF THE DISTRICT COURT IN BANKRUPTCY. EASTERN DISTRICT OF PENNSYLVANIA. In addition to notice heretofore provided for the advertisement in the " Public Ledger," a brief notice shall also be published once in the " Legal Intelligencer " in each bankruptcy case from the county of Philadelphia: " (1) Of first meeting of creditors, stating the time and place and the name of the referee. (2) Of the appointment of the trustee stating his name and residence or place of business. (3) Of the time and place of hearing upon the bankrupt's petition to be dis- charged." (Minute Book D. C. Vol. 2 in Bankruptcy, p. 12.) The following rules in bankruptcy went into effect December 10, 1904: Unless the petition be afterwards allowed by a judge of the district court for cause shown after notice to opposing interests, a review of any action or order of a referee must be asked for by petition presented to him before the expiration of the tenth day after such action is taken or order is made, with this exception, namely: A review of the admission or rejection of evidence, if such admission or rejection has been duly objected to at the time, may be asked for within ten days after the referee has filed his decision in the proceedings wherein the evidence was offered. Referees are instructed to disregard petitions for review when presented after the expiration of the period named, unless accompanied by an order of allowance from a judge of the district court. Prompt notice of filing of decisions upon any subject shall be given by the referee to counsel interested. The following rule was adopted by the United States Circuit and District Courts, September 27th, 1905: RULE III, SEC. 4. Rule III, Sect. 4. Attorneys and Counsellors-at-Law, admitted to practice in this Court, who are not residents of the Eastern District of Pennsylvania, and who do not maintain an office in said District for the regular transaction of busiress, shall, in each case or proceeding in which they appear, have a resident associate counsel who maintains an ofiBce in said District, upon whom all notices, rules and pleadings may be served in accordance with the rules and practice of this Court, and who may be required to attend before the Court, Clerk, Commissioners, Auditors, Assignees, Trustees, Referees or other officer of the Court, or before Notaries Public in cases where testimony may be taken before them in accordance with the niles and practice of the Court. The attendance of said Associate Counsel shall be a sufficient appearance for the party or parties whom they so represent. AND NOW, January 2, 1908, it is hereby ordered that the rule adopted this day in the Circuit Court for the Eastern District of Pennsylvania, concerning the EQUITY AND ARGUMENT LIST, providing for hearings at five periods during the year, shall apply also to all arguments in the District Court except in bank- ruptcy proceedings, which will be heard as heretofore. 664 RULES IN EASTERN DISTRICT OF PENNSYLVANIA. 665 (RULE OF CIRCTJIT COURT REFERRED TO.) And now, January 2nd, 1908, it is ordered that Rule XXVIII be amended by substituting the following sections for the present section 7: SECTION 7. Section 7. The EQUITY AND ARGUMENT LIST will be heard during the periods beginning respectively on the first Monday of January, May and October and on the fourth Monday of February and November. If necessary, each period will continue for two weeks. SECTION 8. Section 8. Cases for this list may be set down upon the written order of either party at least thirty days before the beginning of any period; and such order shall certify that the proofs have been closed or that the case is otherwise properly at issue for determination by the court. SECTION 9. Section 9. Upon receipt of such order, the clerk shall place the cause upon the list and notify counsel at which period argument will be heard. ADDITIONAL RULE IN BANKRUPTCY. Unless a shorter time shall be fixed by special order, forty-eight hours' written notice of an application for the appointment of a receiver shall be given (a) to the bankrupt or his attorney, (&)to all known creditors and other parties in interest, so far as practicable, and also (c) to their attorneys. The notice shall state the names of the applicants and the day, hour and place of hearing. At the hearing, the attorney for the application shall present an affidavit that notice has been given, setting out a copy thereof, the date of mailing, or of other service, and the names and addresses of the parties thus notified. No attorney shall be heard for or against the petition until he has filed his appearance in writing, which shall state the names and addresses of the persons whom he represents and the nature and amounts of their respective claims. No motion for leave to intervene, if it is to be followed by a petition for the appointment of a receiver on behalf of the intervening creditor, will be entertained unless notice of the motion has been given to the attorney for the petitioning creditors. This rule shall apply to similar motions before a referee. It shall govern all applications and motions presented on or after August 12th, 1908. And now, this 9th day of December, A. D. 1909, it is ordered by the Court: In addition to the notices by advertisement in the " Legal Intelligencer " pro- vided for by the order of May 18, 1899, a brief notice shall also be published once in that journal (4) of the time and place of hearing a petition for dismissal of the pro- ceeding; (5) of the time and place of hearing upon a petition for the confirmation of a composition with creditors; and (6) of the time and place of any sale of real or personal property by a receiver or trustee in bankruptcy.* * Above rules are not complete but no other could be obtained. RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF MARYLAND. m EFFECT, JANUARY 3, 1910. I. FORMS OF PLEADINGS, ETC. All pleadings, petitions, proofs of claims and orders filed in Bankruptcy pro- ceedings shall be typewritten, printed or legibly written without blots, inter- lineations or erasures, materially defacing the same, on white paper, legal cap size, approximately thirteen inches long by eight inches wide. All papers should be properly folded and endorsed outside with (1) number of case; (2) title of court; (3) title of case; (4) character of paper; (5) name and address of attorney presenting the same. Petitions for adjudication shall state the first name of the debtor in full, where he has resided, including the street and number, if any, and also where his prin- cipal place of business, if any, has been during the preceding six months, or the greater part thereof; and the schedules, as respects creditors in cities of 50,000 in- habitants or more, should state the street and number of their last known resi- dence or place of business, if known; if not known, that fact must be stated. Full sets of schedule blanks must be filed. Each question contained in said blanks must be answered separately. If there are no items applicable to any particular blank, such fact should be stated in said blank. Each schedule sheet must be signed by the petitioner or petitioners. If the schedules do not comply with the above rule, they may be ordered to be corrected by the referee to whom the case is referred, before further proceedings are allowed in the case. All amended or additional schedules shall be filed in triplicate, duly signed and sworn to, as required for the originals. n. COSTS WHICH REFEREE MAY REQUIRE TO BE PAID IN ADVANCE. The Referee shall be entitled to collect, in advance of services to be rendered, costs and expenditures in accordance with the following schedule: 1. Amounts required to be paid for advertising $ 2. For each set of notices (not exceeding 20) 2 00 For each notice above 20 10 3. For clerical aid in preparing advertisement of first meeting, keeping register, files and records including stationery, envelopes, printing, messages and all petty expenses 3 00 4. For certifying question to Judge for review with necessary record 3 00 5. For each meeting other than the first meeting of creditors to be paid by the person or persons at whose instance and request said meeting is 666 RULES IN DISTRICT OF MARYLAND. 667 held, per session 5 00 6. For each day necessarily spent (provided it is by order of Court or upon request of creditors) by Referee out of the county of his residence for first or other meeting of creditors 5 00 7. For copies of orders or other papers, 50 cents each; if exceeding one page, 25 cents additional for each page, to be paid by the party ordering. 8. For order on Bankrupt to attend first meeting of creditors and adjourn- ments thereof and produce books 50 9. For order appointing Trustee or certifying appointment of Trustee by creditors, etc 50 10. For report of Referee on application for discharge 2 00 III. APPOINTMENT OF APPRAISERS. Pursuant to section 38, sub-section 4 of the Act of Congress entitled " An Act to establish a Uniform System of Bankruptcy throughout the United States," ap- proved July 1st, 1898, the court does hereby prescribe that in addition to the other duties of the Referees in Bankruptcy, of this court, under said Act, they shall appoint appraisers to appraise the real and personal property belonging to bankrupt estates, as required by section 70, sub-section b of said Act, and fix their com- pensation. IV. RATIFICATION OF SALES. At least ten days' notice, by mail, shall be given by the Referee to all creditors of the Bankrupt, of all proposed public sales of real estate. Upon the report of any sale, public or private, of real estate, made by any Trustee or Receiver in Bank- ruptcy, an order will be passed by the court, ratifying said sale, on some certain day named in the order, not less than fifteen days after the date thereof; and unless otherwise specially ordered by the court, upon cause therefor being shown, at least ten days' notice of said order nisi shall be mailed to all creditors by the Referee; and if no exceptions be filed or cause exist for setting aside the said sale, the same will, at any time after the day so named, be absolutely ratified and confirmed. With the consent of all the parties interested therein, or in exceptional cases which appear to the court to require it, a special order may be obtained for the immediate ratification of a particular sale. It shall be the duty of the Referee, on or before the day named in the order for finally ratifying and confirming said sale, to file in the clerk's office, a certificate that he has given the notice to creditors of the proposed sale and of the order nisi, required by this rule. V. DUTIES OF REFEREES. It shall be the duty of Referees to give all notices required by the Act to be given to creditors. Referees shall on all applications for discharge, certify to the Court, not later than the day set for the hearing of said application, that they have given the requisite notice to creditors of said hearing, and further, that they know of no reason, if such be the case, why said discharge should not be granted. 668 RULES IN DISTRICT OF MARYLAND. Should the Referee know of any reason why said discharge should not be granted, he should certify to the Court his reasons therefor. In all cases of sales of real or personal property, where notice to creditors is required to be given, the Referee shall, on or before the date fixed for the final ratification of said sale, certify to the Court that such notice has been given. The Referee's certificate of the appointment or election of trustee or trustees shall be promptly forwarded to the Clerk, as well as the Trustee's bond, duly approved. All other papers, left with the Referee to be filed, except claims and powers of attorney, shall be sent to the Clerk of this Court, to be filed among the papers in the case. And if Court papers are sent by the Clerk to the Referee, for any purpose, they shall be returned to the Clerk, as soon as practicable. All orders for the sale of real and personal property, the appointment of Receivers and approval of Receiver's bonds, and for the allowance of Counsel fees, in Bankruptcy cases, shall be signed by the Judge of this Court, unless otherwise ordered. VI. EXAMINATION OF BANKBUPT. At all first meetings of creditors, bankrupts must submit to the examination provided in section 7 (par. 9) of the Bankruptcy Act, which examination may be conducted by the creditors or their counsel, or by the Referee sitting in the case; and said examination shall be sufficient in extent to enable the Referee to determine whether the Bankrupt has complied with the law in all particulars. VII. DUTIES OF TRUSTEES AND RECEIVERS. It shall be the duty of every receiver and trustee in bankruptcy whether acting alone or jointly with others, to qualify immediately after his appointment; they shall then use all due diligence in the search for property of every kind whatsoever which belongs to the bankrupt estate vested in them; and having found the same shall take possession thereof in such manner as may be lawful. It shall be the duty of said receiver or trustee to ask for the appointment of appraisers without delay, and to aid said appraisers (when appointed) in the performance of their duties by pointing out the property of the bankrupt, and by furnishing to them all proper and useful information relating to said estate, to the end that all the property of every kind belonging to said estate shall be promptly inspected, inventoried, valued and returned by said appraisers to the court. And before any appraisement and return shall be filed with the Referee in Bankruptcy, said receivers or trustees shall each sign and append to every return, a certificate in form following: The aforegoing is a true and perfect inventory of all and singular the Estate of every kind of Bankrupt, except (a) which, after due diligence, we (I) (or either of us) have been able to discover. We (I) have taken possession of all said Estate except (b) and (a) Here name any portion of which said receivers or trustees have knowledge but ■which for any cause is not contained in the return. (b) Exceptions, if any, to be set out. RULES IN DISTRICT OF MARYLAND. 669 now hold the same; we (I) know of no concealment, nor do we (I) suspect any to exist; and should we (I) find any, we (I) will, by proper proceedings, promptly tring the same to the attention of the Court. The above certificate must be sworn to by the said receivers or trustees; and in case three trustees have been appointed for one estate, by at least two of them; the aflSdavit to be made before some officer authorized by the practice of this court, to administer oaths, who shall certify thereto. It is further ordered, that in the event that a proper inventory, appraisement and return of the property of any bankrupt estate shall not be filed in accordance with the provisions of the law and this rule within thirty days after the appoint- ment of receivers or trustees, it shall be the duty of the referee to whom said case has been referred, (unless previously to the expiration of said thirty days the time has been extended for cause by order of court upon petition), to notify said receivers or trustees of their neglect; and if said return shall not be filed within ten days thereafter it shall be the duty of said referee to prepare and lay before the judges of this court a rule upon said receivers or trustees to show cause within live days thereafter why they should not be removed. It shall be the duty of all Trustees in Bankruptcy to report to the court, in writing, the condition of estates, amounts of money in hand, and such other de- tails as may be required by the court, as provided for by the Act. It shall also be the duty of receivers appointed in bankruptcy to report in like manner. And whenever any receiver or receivers, trustee or trustees of any bankrupt estate, shall neglect to file any report or statement, which it is made his or their duty to file or make by the Act, or by any general or special order in bank- ruptcy, within three months from the date of their appointment, and within every three months thereafter, it shall be the duty of the Referee to notify said re- ceivers or trustees, as the case may be, by mail, that unless said report or state ment shall be filed by them in writing and duly sworn to within ten days from the date of said notice, that a rule will be laid upon them requiring them to show cause before the Judge why they should not be removed from oflQce. vin. CLOSING OF CASES. All cases in bankruptcy shall be deemed closed for the payment of fees to the Clerk, Referee or Trustee at the expiration of one year from the date of adjudica- tion; provided, however, that the Trustee's fee shall not be paid until the final report of the Trustee or Trustees shall have been filed. IX. RECORDING OF PAPERS. The Clerk shall, in well-bound books, make up and complete a record of all bankruptcy cases where the title to real estate is involved; said record to consist of such papers as may be selected by the Clerk or designated by the attorney for the purchaser or purchasers. The cost of such recording shall be paid out of the assets of the estate, unless otherwise ordered by the Court. 670 RULES IN DISTRICT OF MARYLAND. DEPOSITS AND WITHDRAWALS OF MONEY BY RECEIVERS. It shall be the duty of receivers appointed by this court to deposit all monies received by them in one of the designated depositories; and no money shall be drawn from the depository unless by check or warrant, signed by such receiver or receivers, and countersigned by the Judge of the Court or by the Referee to whom the case may have been referred, or who may be designated for that purpose by the Judge, if there has been no adjudication and reference in the case, which check or warrant shall state the date, the sum and the account for which it i& drawn. XI. PREMIUMS ON BONDS. Whenever trustees or receivers are required to give a bond with security, and the same shall be given with a surety company as surety, and shall be approved, then the premium paid or to be paid for such bond and for the renewals thereof, if reasonable, may be allowed by the Referee as part of the expense of the adminis- tration of the estate, and the amount of such premium paid or to be paid shall be endorsed on the bond before approval by the Referee. RULES OF THE DISTRICT COURT IN BANKRUPTCY. SOUTHERN DISTRICT OF OHIQ. * XIV. PETITIONS. Petitions should state where the debtor has resided, including the street and number, if any, and also where his principal place of business, if any, has been during the preceding six months, or the greater part thereof, and also the date of any assignment or insolvent proceedings under the laws of a State. The petitioner shall also aggregate the liabilities set forth in his schedule in bank- ruptcy. XV. PAYMENT OF FEES. The Clerk shall pay to the Referee the $15 deposited as the Referee's fees upon receiving his certificate that the case has been closed and his services have been rendered. The Trustee's fees of $5.00 deposited with the Clerk shall be paid to the Trustee upon the certificate of the Referee that the services of the Trustee Lave been actually rendered and that the case has been closed. Where there are no assets the case shall be deemed closed, for the purpose of payment of said fees to the Referee and Trustee, when a discharge has been granted or refused to the Bankrupt. If no application for a discharge has been made the case shall be deemed closed at the expiration of two months from the date of the filing of the report of the Referee. In cases where there are assets the case shall be deemed closed upon the confirmation of the composition or the payment of the final dividend. XVT. NEWSPAPERS DESIGNATED. Thy; following newspapers are hereby designated in pursuance of Section 28 of the Bankruptcy Act: WESTERN DIVISION. Adams County Adams County Record West Union. Brown " The Ree Ripley. Butler " The Republican News. Hamilton. Champaign County The Citizen's Gazette Urbana. Clark " The Sun Springfield. Clermont " The Courier Batavia. Clinton " The Journal Wilmington. Darke " The Weekly Tribune Greenville. Greene " The Gazette Xenia. Hamilton " The Court Index Cincinnati. Highland " The Herald News Hillsboro. Lawrence " The Register Ironton. Miami " The Buckeye Troy. [* Note Rules I-XTII do not refer to bankruptcy proceedings.] 671 672 RULES IN SOUTHERN DISTRICT OF OHIO. Montgomery Preble Scioto Shelby Warren ' The Dayton Journal Dayton • The Register Eaton. • The Blade Portsmouth. ' The Journal Gazette Sidney. The Western Star Lebanon. EASTERN DIVISION. Athens County The Messenger-Herald Athens. .The Belmont Chronicle St. Cluirsville. . Coshocton Age Coshocton. .The Gazette Delaware. .The Lancaster Gazette Lancaster. .Record-Republican Washington C. H. .The Ohio State Journal Columbus. .The Gallia Times Gallipolis. .The Republican Press Cambridge. .The Cadiz Republican Cadiz. .The Journal-Gazette Logan. .The Sun Jackson. .The Herald Star Steuben ville. .The Republican News Mt. Vernon. .The American Tribune Newark. Index-Republican Bellefontaine. .The Enterprise London. . The Tribune Telegraph Pomeroy. .Monroe Republican Woodsfield. . The Herald McConnellsville. .The Sentinel Mt. Gilead. Belmont Coshocton Delaware Fairfield Fayetie Franklin Gallia Guernsey Harrison Hocking Jackson Jefferson Knox Licking Logan Madison Meigs Monroe Morgan Morrow Muskingum County The Courier Zanesville. Noble Perry Pickaway Pike Ross Union Vinton Washington The Republican Journal Caldwell. .The Tribune New Lexington, .The Union Herald Circleville. The News Waverly. .Scioto Gazette Chillicothe. .The Tribune Marysville. The Republican Me Arthur. .The Register Marietta. xvn. BANKS DESIGNATED. The following Banking Institutions are hereby designated as depositories of money of Bankrupt estates by Trustees: WESTERN DIVISION. Adams County Adams County Bank West Union. Brown " Citizens National Bank Ripley. Butler " BMrst National Bank Hamilton. Champaign County . . National Bank of Urbana Urbana. (;iark Clermont Clinton Darke Greene Hamilton Highland Lawrence Miami Montgomery Preble .Lagonda National Bank Springfield. .First National Bank Batavia. .First National Bank Wilmington. .Farmers National Bank Greenville. .Xenia National Bank Xenia. .The Alles National Bank Cincinnati. , Farmers and Traders Bank Hillsboro. .First National Bank Ironton. . Troy National Bank Troy. .Third National Bank Dayton. . Preble County Nat'l Bank Eaton. RULES IN SOUTHERN DISTRICT OF OHIO. 673 Scioto " Portsmouth Nat'l Bank Portsmouth. Shelby " First Nat'l Exchange Bank ... .Sidney. Warren " Lebanon National Bank Lebanon. EASTERN DIVISION. Athens County First National Bank Athens. Belmont " First National Bank St. Clairsville. Coshocton County Delaware " Delaware Co. Nat'l Bank ... . Delaware. Fairfield " Hocking Valley Nat'l Bank . . Lancaster. Fayette " The Midland Nat'l Bank Washington C. H. Franklin " Clinton National Bank Columbus. Gallia " First National Bank Gallipolis. Guernsey " Old National Bank Cambridge Harrison " Fourth National Bank Cadiz. Hocking " First Bank Logan. Jack-son " First National Bank Wellstou. Jefferson County Commercial Nat'l Bank Steuben villa. Knox " First National Bank Mt. Vernon. Licking •' Peoples National Bank Newark. Logan " .. Peoples National Bank Bellefontaine. 3Iadison " . .The Central Bank London. Meigs " Pomeroy National Bank Pomeroy. Monroe " First National Bank Woodsfield. Morgan " Citizens Bank McConnellsville; ^Morrow " First National Bank Cardington. Muskingum" Old Citizens Nat'l Bank Zanesville. Noble " Noble County Nat'l Bank Caldwell. Perry " Perry County Bank Co New Lexington. Pickaway " First National Bank Circleville. Pike " .Hayes, Jones & Co Waverly. Ross " First National Bank Chillico'the. Union " Peoples Bank Marysville. Vinton " Vinton County Nat'l Bank . . . .McArthur. Washington" First National Bank Marietta. xvm. FEES IN INVOLUNTARY CASES. Fees deposited by the petitioner in an involuntary case shall be returned to him by the Trustee out of the estate of the Bankrupt in all cases where property suffi- cient for such purpose comes into the hands of the Trustee. XIX. IN FORMA PAUPERIS. Petitioners who have made no deposit with the Clerk for services of officers should be examined by or under direction of the Referee, on their appearance before him, as regards their means; and if the Referee is not satisfied of the Bank- rupt's inability to make the deposit, a report thereof should be made to the Judge. XX RETURN AND ANSWER DAY. In involuntary cases return day shall be within fifteen days, and answer day shall be within ten days thereafter. In voluntary cases the first hearing before the 674 RULES IN SOUTHERN DISTRICT OF OHIO. Referee shall be within fifteen days of the reference, at least ten days notice of Buch hearing having been given. XXI. WHERE NO REFEREE OR NEWSPAPER. In case a petition is filed by or against a bankrupt who resides in any County where there is a vacancy in the oflBce of Referee, or where the Referee is disqualified, absent, sicli or otherwise unable to act, reference is made to the Referee who Is most conveniently located to the bankrupt's residence. In case a petition is filed by or against a bankrupt who resides in a County where there is no designated newspaper, or where the designated newspaper for any reason refuses to act, the notices required by law may be published in a newspaper named by the parties in interest published in the County where the bankrupt resides or the major part of his property is situated. XXII. COUNTERSIGNING CHECKS. The Referee before whom a case is pending is designated as the one to counter- sign all warrants and checks for the withdrawal of money from the depositoryj^ under General Order XXIX, unless otherwise specially ordered by Judge. XXIII. PITBLICATION. Notices of application for discharge as provided for in Section 58c, of the Bankrupt Act, shall be by publication in the designated newspaper in each Coun- ty, three times in the Counties of Clark, Franklin, Hamilton and Montgomery, and twice in each of the other Counties of the District, and the first publication shall be not less than ten days before the day fixed for the hearing of such application. XXIV. BANKRUPTCY DISTRICTS. Each County in this District shall constitute a separate bankruptcy district ia each of which one or more referees may be appointed. XXV. SESSIONS OF COURT. Court will sit in bankruptcy as follows: In the Western Division at Cincinnati, on the last Monday of January, Feb- ruary, March, April, May, June, September, October, November and December. In the Eastern Division, at Columbus, on the second Friday in February,. April, June, October and December. RULES IN SOUTHERN DISTRICT OF OHIO. 675 XXVI. REFEREE TO GRANT STAY. When a motion for an injunction is pending or is about to be made, the Referee may, in order to prevent injury to the property of the bankrupt, or otherwise grant a temporary restraining order staying proceedings until the hearing and decision of said motion. In case all parties in interest agree that said motion be heard by the referee in charge, they may file with the Referee a written stipulation to that effect. The decision of the referee on such motion shall be filed with the Clerk, and if the Referee decide that an injunction shall issue, an order to that effect may be made by the Judge. XXVII. HEARING ON CERTIFICATES. After a question has been certified by the Referee, pursuant to General Order No. XXVII, and as provided in form No. 56, the papers may be filed with the Clerk, and the hearing may be brought on before the Judge upon any Bankrupt Court Day, by either party, by giving the usual notice. XXVIII. CONDITIONS OF DISCHARGE. No discharge shall be granted to a bankrupt until the Referee has filed his final report, or a report showing that the Bankrupt has to the date of such report complied with the provisions of the Act of Congress and the Orders of the Court and the Referee. XXIX. WHEN NO TRUSTEE APPOINTED. When the bankrupt is entitled to no exemption under the laws of the State, and the assets do not exceed the deposit required to be made by the Bankrupt for the services of the oflScers, and the probable costs of the proceedings, no trustee shall be appointed by the Referee, or elected by the creditors. XXX. REPEAL OF FORMER RUIiES. All rules of the United States District Court for the Southern District of Ohio, heretofore made or promulgated, except such as are herein contained, are hereby repealed and declared void. RULES OF THE DISTRICT COURT IN BANKRUPTCY. JSrORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION. It is hereby ordered, that until otherwise ordered by the court the following temporary rules be and are hereby adopted and prescribed for the regulation of proceedings in bankruptcy in the United States District Court for the Northern District of Illinois: ADOPTED MARCH 29, 1899. All notices required to be given under Section 58 of said Act shall be printed on postal cards or on cards to which one cent stamps may, by postal regulations, be attached, and said cards properly stamped and addressed, together with proper blank affidavit of mailing, which shall contain a list of the names of the creditors to whom notices are to be sent and their respective addresses, as appears by the schedule filed by the bankrupt, shall be delivered by the bankrupt or his attorney to the referee (except the notice of the petition for final discharge and affidavit of mailing thereof, which shall be delivered in like manner to the clerk of this court) at least one day before the same are required to be mailed under the provisions of this Act; and the same referee or clerk, or some person in their employ, shall mail said notices and execute the proper aflidavit thereof. The referee or clerk shall direct the form or manner of publication and proof thereof, of the notices mailed by them respectively, and shall sign the original of each notice. n. ADOPTED FEB. 8, 1899. Where voluntary bankrupts have heretofore omitted to subscribe the several sheets of their schedules attached to their petitions, they are hereby ordered so to do, whether their said petitions are in possession of the clerk, referee, or trustee, without any further order in their respective cases. m. ADOPTED MARCH 4, 1899. The petition for a discharge must be in the form prescribed by the Supreme Court (No. 57), and shall be filed with the clerk, who upon the presentation of such petition to him shall enter the order which is part of form No. 57, and shall set a day for a hearing, not less than ten days after the date of entry of such 676 RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. C77 order. The clerk shall also attend to the publication and mailing of such order, and certify to the same as provided in form No. 57, but the clerk may require the bankrupt or his attorney to prepare all necessary copies and notices in form as directed. The publication as aforesaid shall be made at least one week, and the copies shall be mailed to creditors at least ten days prior to the day named for the hearing on such petition. There must also be presented to the clerk at some time before the final dis- charge is granted a report or certificate of the referee that the bankrupt has in all things conformed to the requirements of the Act and that so far as the referee has been able to ascertain, the said bankrupt has committed none of the offenses and done none of the acts prohibited in Subdivision (b) of Section 14 of the Act, and that such bankrupt is in the opinion of the referee entitled to his discharge. If no creditor or other party in interest appears and opposes on or before the day named in the order to show cause, the discharge may be granted. Opposition to the discharge by a creditor or other party in interest shall be made in the manner prescribed in general order XXXII. The issue thus joined may be re- ferred to the referee to ascertain and report the facts with his conclusions thereon. Either party may except to such report, and the exceptions may be heard by the judge upon one of the days designated by him for such hearings. IV. ADOPTED MARCH 30, 1899. Upon the filing of a, petition for a meeting of creditors to consider a com- position as per form CO prescribed by the Supreme Court, the matter shall be re- ferred by the clerk to the proper referee, who shall give the notice therefor as prescribed by rule I of this court. Upon the filing of a petition for confirmation of a composition the referee shall fix a day within which parties in interest shall show cause in opposition thereto in the manner provided in general rule XXXII, of the Supreme Court, and shall mail notices thereof to the creditors in accordance with rule I of this court, which notices shall be mailed at least ten days before the said date fixed by the referee. If no creditor or other party in interest shall appear in opposition to the con- firmation of such composition within the time so fixed, as provided in said rule XXXII, and the bankrupt shall file the written approval of the referee of the composition, the same may be confirmed by the court, but if opposition is made to such confirmation, the issues shall be by the clerk referred to the referee to as- certain and report the facts, together with his conclusions thereon. Either party may except to such report, and the exceptions may be heard by the judge upon one of the days designated by him for such hearings. ADOPTED APRIL 26, 1899. The petitioner or petitioners in all cases in bankruptcy shall, at the time of filing their respective petitions, deposit with the clerk the sum of five dollars ($5) to indemnify the referee for his necessary incidental expenses, including oflUce rent, clerical aid, stationery, etc., and out of which sum the referee may be reim- bursed for such expense. The sum so advanced by the bankrupt or other person, may be repaid him out of the assets of the estate, if any, as costs of administration. Where expenses shall be incurred by the referee in excess of said deposit of 678 RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. five dollars, in any particular case, a special order with reference to the same may be made by the judge on application of the referee. The referee shall keep an account as against said fund, showing the items of disbursements and incidental expenses incurred in each case. VI. ADOPTED MAY 15, 1899. In all cases in this district, wherever funds are to be distributed by the clerk, trustee or referee, the same shall be by check payable to the order of the creditor in whose name the account is proved, or to the attorney in fact of such creditor or to the assignee of such account (provided the power of attorney or assignment Is filed with the referee) ; but such check may be delivered to the attorney of record in this court of such creditor or assignee. And in all cases which have been referred to a referee, all checks shall be signed by the clerk or proper trustee and also by the referee to whom the cause has been referred, before they are is- sued; and whenever the statute or general rules provide for the deposit of funds and the checking out thereof under the direction of the judge of this court, it shall be proper to have same deposited in the name of the clerk, and checks against said fund shall be signed by the clerk and also by the proper referee before they are issued, except on special cause shown in a particular case. VII. ADOPTED OCT. 24, 1899. All specifications of objections to discharge of bankrupts when duly filed, will be referred by the clerk to the proper referee to take testimony and report the Bame together with his conclusions thereon to the court. vni. ADOPTED JANUARY 5, 1900. The referees in bankruptcy appointed by this court are hereby designated and authorized to countersign checks drawn on funds in the depositories of this court, in the cases assigned to them respectively, whenever such checks are re- quired by the terms of Supreme Court rule XXIX to be countersigned by a judge or referee. IX. ADOPTED JULY 24, 1905. Receivers. Upon every application for a receiver in bankruptcy, notice thereof shall be first given to the bankrupt unless it be made to appear to the court, by the pe- tition or affidavit showing the facts, that the service of such notice is im- practicable. The receiver, upon his appointment and qualification, shall proceed without RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. 679 delay, to make an inventory of the property coming to his possession, and shall file the same immediately upon its completion, with the clerk of this court. The receiver shall not employ an attorney or counsel without having obtained leave of court therefor, upon written application, setting forth the facts showing the necessity for such employment, and no attorney or counsel for such receiver shall be allowed compensation out of the estate for services other than for such as are reasonably necessary, and of a strictly legal character. No sale of property shall be made by a receiver unless he present to the court his verified petition setting forth the necessity therefor, and also make it appear to the satisfaction of the court, that the estate will suffer loss unless sv.ch sale be m.r.de before the election of the trustee. In no case shall a sale be made with- out notice to creditors as provided in section 58 a, nor shall a sale be made before adjudication without the bankrupt's consent, except as provided for in section 2 (5) and General Order in Bankruptcy XVIII. All moneys belonging to a bankrupt estate, coming into a receiver's hands, shall be by him immediately deposited in one of the designated depositories, and the same shall not be withdrawn except on checks signed by the receiver and countersigned by the clerk of this court, upon the order of the judge (unless other- wise provided where the receiver is conducting the business under orders of the court), provided checks may be drawn and signed, as aforesaid, to cover small incidental expenses in advance if the judge so orders. Immediately upon the appointment and qualification of a trustee, the receiver shall turn over to such trustee all the money and property in the receiver's pos- session, taking the trustee's receipt therefor, and the receiver shall file his final re- port and account within five days after the qualification of the trustee unless such time be extended by order of the judge. Receivers shall receive for their services, payable after they are rendered, out of the first moneys coming to the hands of the trustee, such compensation as the court may allow, provided that the maximum allowance to the receiver shall not exceed the maximum to be allowed trustees for their services under sec- tion 48 (a) of the Bankruptcy Act as amended February 5, 1903, for moneys dis- bursed by them, and provided, also, that where tangible property other than money is turned over to a trustee by the receiver, such receiver's maximum compensation shall be based upon the fair value of such property in addition to the aggregate of the money actually disbursed and turned over to the trustee, or the receiver's fees he held in abeyance until the trustee reduces the property to money. See opinion of Judge Lowell, In re Cambridge Lumber Co., 136 Fed. Rep. 983. ADOPTED JULY 24, 1905. Petitioning Creditors. It shall be the duty of the petitioning creditors, through their attorneys, to procure the adjudication of the bankrupt, as speedily as the law permits. The attention of petitioning creditors and their attorneys is especially directed to General Order in Bankruptcy IX. XI. ADOPTED JULY 24, 1905. Petition to Dismiss Proceeding's. Every application to dismiss a voluntary or involuntary petition in bank- ruptcy, as contemplated by section 59 g of the Bankruptcy Act, must be by petition 680 RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. in writing, signed by such applicant or his attorney of record in the case, and if made in an involuntary case before the schedules provided for in section seven of the act have been filed, such application must be accompanied by a list of all the known creditors of the bankrupt, which list must either have been sworn to by the bankrupt, or by one of the petitioning creditors or his attorney in the case. Upon the filing of such petition to dismiss, an order will be entered of record in the case, fixing a day more than ten days after the filing of the application, upon which creditors and all parties in interest may show cause before the judge, if any there be, in opposition to such petition to dismiss, which order shall also provide for notice to be given in accordance with section 58a (8) of the Bankruptcy Act. If such application to dismiss is presented before adjudication and reference, the notice aforesaid may be given by the clerk; if filed after the adjudication and reference, the notice shall be given by the referee to whom the case stands generally referred, and in such case, a certified copy of the order to show cause shall at once be furnished the referee. The certificate of the clerk or referee, as the case may be, showing that the aforesaid notice has been duly given, shall be filed in the clerk's oflace on or before the day fixed in the order to show cause. REFEREES' RULES CONCERNING PETITIONS IN BANKRUPTCY. The following rules governing the preparation of petitions and schedules in bankruptcy, and amendments thereto, are hereby adopted by the referees for the counties of Cook, Lake and McHenry in said district: I. Petitions in voluntary cases and schedules in all cases must be in the printed form prescribed by the United States Supreme Court, and the information therein required must be set out in full under the appropriate headings, without erasure or interlineation. In Schedule A, the data called for by each heading must be placed in the column directly below such heading and must be confined within the vertical lines enclosing that column. The columns must be so ruled as to provide a reasonable space for inserting the appropriate matter, and in order to comply with this rule as to Schedules A and B (1) it will be necessary to use forms with the printed matter running lengthwise of the legal cap page so that the requisite space may be afforded. II. The post office address of the bankrupt, as well as that of his lawyer, if any, shall be endorsed on the wrapper of the petition. III. The address of each creditor must contain the street number, city, and that fact shall be stated. IV. The use of ditto marks is forbidden by Supreme Court general order V. (In re Orne, Fed. Cas. 10582.) V. Claims for exemption must be itemized with amount of the bankrupt's valuation against each item, and the total stated. The appropriate allegation must be made if the bankrupt claims the exemption as the head of a family. VI. Oaths to the petition and schedules must not be administered by the at- torney of the affiant. 681 RULES OF THE DISTRICT COURT IN BANKRUPTCY. NORTHERN DISTRICT OF IOWA. All pleadings, orders, writs process and proceeds, both before Referees and the Court in Bankruptcy, shall contain the first name of the alleged bankrupt in full. If papers offered do not comply with this rule, the Clerk and Referee shall refuse to file the same, unless a verified showing is made that the first name can not be given. n. In all cases wherein there are assets, the Trustee shall as his first duty ascertain what taxes are due or that will become due, or that will be claimed, by either a town, city, county, district, or state, or government, and make a written report of the facts and all data to the Referee. If the said matters are in dispute the Referee shall determine the same after due notice; and when ascertained the Referee shall order them paid. in. The Trustee shall ascertain and report to the Referee, before any dividend is ordered, all debts which are claimed to be entitled to priority of payment, and the Referee shall make the proper order for the payment. In case of conflicting or disputed or doubtful claim, such order shall only be made after hearing on notice to all parties in interest, including the Trustee. IV. In cases wherein a first dividend is declared within thirty days after the ad- judication under the provisions of Section 65 of the Bankruptcy Act, the Referee must make due allowance for the estimated costs that may be payable out of the estate, and for the amount necessary to pay the debts having priority, and shall then declare a dividend at a per cent which will enable payinent thereof to be made upon all claims which up to that time have been scheduled or filed for allowance. V. When a dividend has been declared, the referee shall fix the time of payment thereof at a date enabling him to give ten days' notice thereof by mail to the creditors, such notice to be sent forthwith to the creditors, and shall thereupon pre- pare and deliver to the Trustee a dividend sheet containing the names of the 682 RULES IN NORTHERN DISTRICT OF IOWA. 683 creditors whose claims have been proved and allowed, the amount of the dividend payable to each creditor, and the date when the dividend has been declared to be payable, and a statement of the person by whom the checks of the Trustee, in pay- ment of the dividends, are to be countersigned. VI. Upon receiving the dividend sheet from the Referee, the Trustee shall forthwith prepare and have properly countersigned the checks upon the depository necessary for the payment of the dividend declared as shown by the dividend sheet, and within ten days from the date of payment fixed by the Referee, on the dividend sheet, shall deliver or forward to the creditors entitled thereto the checks for the dividend declared. VII. Except where otherwise directed by a special order of this Court, the dividend check will be signed by the Trustee and be countersigned by the Referee before whom the case is pending. VIII. Upon receiving from the Referee his record of a concluded cause it shall be the duty of the Clerk to examine such record in order to ascertain whether it complies with the requirements of the Bankruptcy Act and the Rules of Court, and if omis- sions are found therein, to notify the Referee thereof to the end that the record filed by the Referee shall be made complete and when upon the report of the Clerk it appears that a complete record has been filed and all things have been done necessary to properly close the estate, the District Court or Judge thereof, shall make an order directing the final closing of the etate and the payment by the Clerk of the fees belonging to the Referee and Trustee. IX. In all cases wherein the order of reference names a day for the attendance of the Bankrupt before the Referee, upon the receipt of such order, the Referee shall enter the day thus named upon his record, as the time when the Bankrupt becomes subject to the order of the Court, as provided in Rule XII of the General Orders in Bankruptcy, and unless cause to the contrary exists, may continue the time for the personal appearance of the Bankrupt to the time and place fixed for the first meeting of the creditors, giving notice thereof by mail to the Bankrupt. Petitions for review of orders of Referee, as provided by General Order XXVII shall be filed with the Referee within ten days after the decision or order to be reviewed is made. XI. Applications for discharge on behalf of Bankrupts shall be filed with the Clerk of the District Court, and shall be forthwith sent to the Referee before whom the cause is pending. Upon receiving the application for discharge, the Referee shall forthwith notify the creditors by mail of the filing of the application 6S4: RULES IN NORTHERN DISTRICT OF IOWA. and that if they purpose to show cause against such application an appearance in opposition must be entered in writing before the Referee, on or before the time fixed in such notice, and notice of the time thus fixed shall be mailed or be siven in person to the Bankrupt by the Referee, and the Bankrupt shall attend before the Referee at the time thus fixed, if so ordered by the Judge or Referee. If no appearance in opposition to the application for a discharge is filed before the Referee, he shall forthwith send to the Clerk of the Court the application for a discharge, with his certificate showing that due notice of the filing of the applica- tion has been sent to the creditors, that no appearance in opposition thereto has been filed on behalf of any one, and further certifying whether the Bankrupt has, or has not, fully complied with the requirements of the Bankruptcy Act, so far as known to the Referee; and to also certify the amount, if any, of costs or expenses remaining unpaid to the Referee or Trustee. If an appearance in opposition is filed by one or more of the creditors, or persons in interest, the Referee shall retain the matter until the expiration of ten days allowed for filing a specification of the grounds of opposition, and at the expiration of that time shall send to the Clerk the application for the discharge and the specifications of the grounds of opposition thereto, with his certificate showing the action taken before him. If specifications of grounds of opposition to the discharge are filed before the Referee, the Judge, upon the filing of the same and the certificate of the Referee with the Clerk, will fix the time and place for hearing the issues thus presented, and prescribe the notice to be given of such hearing. Specifications of ground of opposition to a discharge shall be verified by the creditor or party making the same. If more than one ground is relied upon each shall be stated in a separate specification. The specifications shall be numbered and each shall contain a clear and concise statement of the facts, without repeti- tion, relied upon as grounds to defeat the discharge. Specifications not verified as required by this Rule shall not be received nor filed. If no opposition to the application for a discharge is filed before the Referee, or if filed, no specification in support thereof is filed within the ten days allowed therefor, the application will be for hearing by the Judge without further notice to the parties. [See, In re Elby, 19 Am. D. B. 734.] xn. (AS AMENDED APRIL 21ST, 1909,) Referees in bankruptcy within the district in all causes in bankruptcy, either voluntary or involuntary pending before them upon reference by the Judge or Clerk, shall have and exercise the duties conferred upon Courts of Bankruptcy by the provisions of Clauses, 2, 3, 5, 6, 7, 11, 17, and 18 of Section 2, of the Bankruptcy Act; provided that the duties conferred by Clause 7, shall not be held to authorize referees to compel by summary or other proceedings persons other than bankrupts to submit their rights to the decision of the referee, nor those conferred by Clause 17 to authorize referees to remove trustees; but the referee with the consent of parties in writing filed with him, may hear and determine controversies touching the estate between any parties in interest therein. RULES OF THE DISTRICT COURT IN BANKRUPTCY. EASTERN DISTRICT OF MISSOURI. I. All notices and orders required by law to be published in a newspaper published in any county within the Eastern District of Missouri, outside of the City of St. Louis, shall be inserted in such newspaper published in such county as shall be designated by the Referee acting in the case wherein such publication is required. II. Notice of the first meeting of creditors shall be published once, unless other- wise ordered by the Court or Referee, and such publication shall be made at least one week prior to the day fixed for such meeting. III. Th Referee is authorized to designate depositories for the money of bankrupt estates, fix the amount of the bond required from such depositories and approve the same, as required by Section 61 of said Act. IV. The Referee shall have authority to cause the first meeting of creditors to be held and fix the time and place for holding the same; direct the bankrupt by order to attend the first meeting of creditors, and enforce such order, as in the case of a witness subpoenaed to attend before the Referee; appoint a Trustee or Trustees for each bankrupt estate when the creditors fail to do so; fix the amount of the bond or bonds of such Trustee or Trustees, as required by law, and properly record the order of approval; appoint appraisers of the real and personal estate of the bankrupt in conformity to law; determine all controversies touching the claim of the bankrupt to exemptions; authorize the Trustee or Trustees to institute suits to recover property, debts and choses in action belonging to the estate of the bankrupt, and to continue the prosecution of suits begun by the bankrupt prior to the adjudication of bankruptcy; allow claims, disallow claims, reconsider allowed or disallowed claims, and allow them or disallow them against the estate of the bankrupt, subject to review by the court on exceptions filed within ten days; and shall have and exercise all powers and jurisdiction vested by law in the court in respect of the duties, acts and proceedings aforesaid. V. When the Judge is absent from the District, and a certificate stating that fact, signed by the Clerk of the Court, shall be delivered to the Referee, the Referee is 685 68G RULES IN EASTERN DISTRICT OP MISSOURI. authorized and empowered to appoint receivers, or the marshal, upon application of parties in interest, in case the Referee shall find it absolutely necessary for the preservation of the estate, to take charge of the property of the bankrupt after the filing of the petition and prior to its being dismissed or the trustee being appointed, and to exercise such jurisdiction over the acts and proceedings of the receiver or marshal in respect to their acts and proceedings, as the court may by law exercise. VI. When the Judge is absent from the District, and a certificate stating that fact, signed by the Clerk of the Court, shall be delivered to the Referee, the Referee is authorized and empowered to direct the business of the bankrupt to be conducted for a limited time by the receiver or marshal, and to order the receiver or marshal to sell at public or private sale such perishable property of the estate as cannot, without great loss or deterioration, be kept until the trustee is appointed and qualified. VII. Each of the counties composing the Northern Division of the Eastern Judicial District of Missouri, is hereby designated as a " Referee's District," under and pursuant to Section 34 of this Act. The Referee for the District of Marion County is directed and authorized to act as Referee in all referee districts in the Northern Division of the Eastern Judicial District of Missouri in which the services of a Referee may be required, and in which at the time said services are required to be performed, the office of Referee for that district may be vacant. Each of the counties composing the Southeastern Division of the Eastern Judicial District of Missouri, is hereby designated as a " Referee's District." The Referee for the District of Cape Girardeau County is directed and authorized to act as Referee in all referee districts in the Southeastern Division of the Eastern Judicial District of Missouri in which the services of a Referee may be required,, and in which at the time said services are required to be performed, the office of Referee for that district may be vacant. Each of the counties composing the Eastern Division of the Eastern Judicial District of Missouri, and not including the City of Saint Louis, is hereby designated as a " Referee's District." The City of Saint Louis is hereby designated as a Referee's District, to be known as the District of St. Louis. The Referee for the City of St. Louis is directed and authorized to act as Referee in all Referee Districts in the Eastern Division of the Eastern Judicial District of Missouri in which the services of a Referee may be required, and in which at the time said services are required to be performed the office of Reteree for that District may be vacant. vni. The Referee to whom any case has been or may be hereafter referred, shall be empowered and authorized to order the examination of the bankrupt or any other designated person upon the application of any officer, bankrupt or creditor, in accordance with the provisions of sections 7, 21 and 58 of the Bankrupt Act. IX. The money of bankrupt estates on deposit in designated depositories shall be drawn out only by check or warrant signed by the Trustee or Trustees of the estate RULES IN EASTERN DISTRICT OF MISSOURI. 687 and countersigned by the Referee acting in the case. There shall be written or printed on the face of each check so drawn a brief statement of the general purpose for which the disbursement is made and the Trustee or Trustees of each estate shall keep a record of all checks drawn by him in the manner prescribed in General Order XXIX. No paper prepared for filing shall be received unless it is legibly written or printed on paper of the size commonly called " legal cap," with a margin of at least one and one-half inches on the upper end of each page and with a margin of one inch on the left of each page. No such paper shall be less than one-half sheet and shall be properly endorsed with the style and number of the case and the character of the paper filed. XI. Upon the entry of an order of adjudication of bankruptcy, unless otherwise ordered by the Court, the case shall be forthwith referred generally to the Referee for the District in which the bankrupt has his principal place of business, resides or has his domicile, and after such reference, the Referee is authorized to fix the time when, and place where, he will act upon matters arising in the case. xn. All notices required to be given by this Act shall be served by mail unless other- wise required by law or the order of the Court. xin. The Clerk shall cause to be prepared for the use of Referees, and deliver to them upon application, blank forms of process, summons and subpoenas, properly attested with the signature of the Clerk and seal of the Court, as required by General Order III. XIV. The Referee is authorized to permit an amendment of the petition and schedules upon the application of the bankrupt; and the referee may, upon his own motion, require the bankrupt to amend the schedules. XV. When a Trustee desires to procure an order for the sale of the property of the bankrupt, or any part thereof, such Trustee shall file with the Referee acting in the case a petition in accordance with the requirements of General Order XVIII, describing the property to be sold and praying that the Referee make an order directing the sale of the same in such one of the modes prescribed in said General Order XVIII as the Trustee may deem for the best interest of the estate. Upon the filing of such petition (unless it appears that the property sought to be sold is of such a perishable nature that there will be a loss if the same is not 688 RULES IN EASTERN DISTRICT OF MISSOURI. sold immediately and without notice to the creditors), the Referee shall give notice by mail to the creditors of the bankrupt by addressing such notices to them respectively at their places of abode or addresses as stated in the bankrupt's schedules, of the fact of the filing of such petition, and that the same will be acted upon on a day to be named in such notice, which day shall not be less than ten days after the day of mailing said notice. Upon the day fixed for the hearing of such application the Referee may, after due hearing, make an order directing the Trustee to sell the property described in the petition, or any part thereof, either at public or private sale as may appear to the Referee to be for the best interest of the estate; or the Referee, in his discretion, may continue such applica- tion to a later day to be fixed by him. XVI. Trustees shall deposit all moneys and funds of the estate in the depository designated for that purpose, and the moneys so deposited shall only be withdrawn upon an order of the Court or the Referee, in accordance with the requirements of the General Orders and Rules in Bankruptcy. XVII. When any witness shall attend before the Court or the Referee, in response to a subpoena or other process in any proceeding in bankruptcy, such witness shall make claim to his fees and mileage, if any, to the Clerk of the Court, who shall make an entry in a book to be kept for that purpose of the amount allowed such witness, and tax the same as costs accruing in the cause. XVIII. When any attorney shall be entitled to the allowance of a fee for professional services rendered the bankrupt, the petitioning creditors in involuntary proceed- ings, or the Trustee, he shall file with the Referee a petition stating the nature and character of the services performed by him and the amount to which he deems himself entitled therefor, and praying that the same may be allowed him. The Referee shall consider such petition and the objections thereto, if any, of any party in interest, and shall allow said attorney such sum as may be just, and the same shall be paid by the trustee when he has funds available for that purpose. XIX. Within the first month after their appointment, and at the expiration of every period of two months thereafter, the Trustee shall file with the Referee a report in writing stating the property which has come into his hands during such period, the part thereof, if any, which has been disposed of and how disposed of; the amount of money which has been received by him and from what sources received; the amount of money paid out and on what account disbursed; the amount of money on hand; the condition of any suits or other controversies affecting the property of the estate to which the Trustee is a party or in which he is interested, together with such additional statements concerning the assets of such estate as may be necessary to a correct understanding of the true condition thereof. RULES IN EASTERN DISTRICT OF MISSOURI. 689 Preparatory to the declaration and payment to creditors of the final dividend in any estate, the Trustee shall prepare and file with the Referee a statement showing : (1) The gross amount of money on hand. (2) The amount to be deducted therefrom on account of debts having priority over dividends and including: (a) taxes; (b) the actual and necessary cost of preserving the estate subsequent to the filing of the petition; (c) costs of admin- istration, including court costs, attorney's fees, sums due officers for fees or com- missions earned or expenses incurred; (d) wages due to workmen, clerks or serv- ants having priority; (e) other debts, if any, entitled to priority by the laws of the State or the United States. (3) The net amount to be distributed to general creditors by way of dividend. XXI. When an estate has been fully administered the Trustee shall file with the Referee a final report stating that such estate has been fully administered and praying to be discharged from his trust. The Trustee shall file with such final report an account, duly verified by affidavit, showing in detail the amount of money received by him as Trustee, the amount disbursed and on what account disbursed, with proper vouchers for all disbursements where it is practicable to secure such vouchers. Upon the filing of such final report and account the Referee shall call a final meeting of creditors, upon a day to be named by him not less than fifteen days after the day on which said report and account are filed, and the Referee shall state in the notice given creditors of such final meeting, that the trustee has filed his final report and accounts and that the same will be acted upon at said meeting. The Trustee shall attend before the Referee at the time and place fixed for such final meeting, and if called upon to do so, shall offer any evidence or ex- planation required of him touching his conduct or the administration of the estate. At the time and place fixed for such final meeting the Referee shall audit said final account and if it appears that the Trustee has fairly and honestly ad- ministered such estate and duly accounted for all property or money coming to his hands, in accordance with law, shall approve such account and enter an order discharging the Trustee from his trust. XXII. If the schedule of a voluntary bankrupt discloses no assets other than such as the bankrupt is entitled, without regard to value, to hold as exempt, and if no creditor appears at the first meeting, the Referee may, by order setting out the facts, direct that no Trustee be appointed; but at any time thereafter a Trustee may be appointed if the Referee shall deem it desirable. If, in accordance with the foregoing provision, no Trustee is appointed for an estate, the referee may order that no meeting of creditors, other than the first meeting, shall be called. XXIII. Where the bankrupt has no property, other than such as is exempt, and no assets have come into the hands of the trustee, it shall be unnecessary to call a 690 RULES IN EASTERN DISTRICT OF MISSOURI. final meeting of creditors, and the Trustee shall be entitled to secure a discharge jErom his trust by filing a report with the Referee stating such facts and mak- ing it appear to the satisfaction of the Referee that there is no property of the bankrupt available as assets of the estate. XXIV. Referees shall file with the Clerk, on or before the first Tuesday in each month, a statement verified by oath, of the necessary expenses incurred by them in the performance of their duties, specifying the particular estates in which such ex- penses were incurred. When such accounts are allowed by the Court the sum allowed shall be paid to the Referee by the Trustee of the estate chargeable there- with. XXV. Referees shall be entitled to an allowance of $2.00 from each estate adminis- tered before them, to cover necessary expenses incurred by them in the adminis- tration of the estate, for stationery, other than printed notices. Whenever it is necessary for any Referee to rent and maintain an office devoted exclusively to the conduct of bankruptcy business, such Referee shall be entitled to a pro rata allowance, not exceeding five dollars, from each estate administered before him on account of rent, said sum to be allowed and paid as other expenses incurred by the Referee. Referees shall be allowed the sum of $5.00 in each case administered before them as a necessary expense for clerical aid. XXVI. Where it appears from the schedule that the bankrupt has no property of value, other than such as is exempt, the Referee shall not be required to proceed with the administration of the estate or to take any action therein until the peti- tioner, or some other person for him, has deposited with the Referee the sum of $30.00 to cover the costs of advertising, printing and other expenses incidental to the administration of the estate. XXVII. Upon the filing of any application for discharge in bankruptcy, the same will be referred, without further order, to the Referee in charge of the case in which the application is made as a Special Master, for a report concerning the progress of the case and of any facts known to him bearing upon the right to a discharge. Such Special Master shall be allowed the sum of Five Dollars, unless a larger sum be allowed to him by special order in any case, as compensation for his services in preparing and filing said report, and he shall not be required to prepare or file the same until a deposit is made with him to cover said allowance. XXVIII. When any person shall desire a review by the Judge of any order made by the Referee, he shall file with the Referee his petition, therefor, pursuant to General RULES IN EASTERN DISTRICT OF MISSOURI. 691 Order No. XXVII within ten days of the date of making such order, and if such petition be not filed within said period of ten days, the person affected by such order shall be deemed to acquiesce therein, and to have waived all right to have the same reviewed by the Judge. For good cause shown the Referee may at any time, within ten days after the making of any order by him, extend the time within which a petition for review may be filed for a period not to exceed thirty days from the date of granting such extension of time. XXIX. When the Court refers any matter specially to a Referee as Special Master to take evidence, or to report upon any specified issue or issues of law or fact, for the information of the Court (except applications for discharge) the Referee shall be entitled to a per diem compensation at the rate of $10.00 per day for each day he is necessarily engaged under said order of reference. Five hours shall constitute a day's work within the meaning of this rule, but the Referee shall be entitled to a minimum fee of $10.00 for each matter so specially referred. The fees of the Ref- eree under each order of reference shall be stated in his report, and unless excepted to and disallowed by the Court, shall be paid by the Trustee when he has funds available for the purpose or by the moving party in the matter which is the sub- ject of the reference. XXX. The Clerk shall be allowed a fee of seventy-five cents for each certified copy of the petition for discharge and order of notice thereon as expressed in Form 57 of Forms in Bankruptcy, mailed pursuant to any order of Court to the cred- itors of a bankrupt, the same to be taxed as costs, provided that if there be more than twenty creditors in any case, the fee for all such certified copies above twenty shall be twenty-five cents each instead of seventy-five cents, and that upon filing of any application for discharge, the Clerk is authorized to require of the bankrupt a deposit of a sum of money suflScient to pay such allowance, the same to be refunded to the bankrupt in case there be found to be sufficient assets in the estate to satisfy the same. XXXI. In case a petition is filed by a voluntary bankrupt which is accompanied by an affidavit under subdivision 2 of Section 51 of the Act, it shall be the duty of the Clerk to file said petition without the payment of the fees provided by law. If the Clerk or the Referee to whom said petition is referred, has reason to believe such affidavit is false, he may file a certificate to that effect, and cause the bankrupt to be examined. If, upon such examination, the Referee reports in writing that the statements contained in such affidavit are false, and the bankrupt has or can procure money with which to pay said fees, such report shall be sufficient proof upon which to base proceedings under subdivision 4 of General Order XXXV. XXXII. When a bankrupt shall desire to secure the confirmation of a composition with creditors, he shall deposit the money necessary to carry such composition into effect with the designated depository to the credit of the Judge of the Court. 693 RULES IN EASTERN DISTRICT OF MISSOURI. Where any part of the consideration to be distributed under the proposed com- position shall consist of promissory notes, he shall deliver such notes, properly executed, to the clerk. The application for the confirmation of a composition shall be filed with the clerk, and such application shall be accompanied by the document, or documents, evidencing the acceptance of the requisite number of creditors, whose claims repre- sent the required amount. Upon the filing of the application for confirmation, the Court will, upon application, fix a day for hearing the same, and it shall be the duty of the clerk, at least ten days before the day so fixed, to forward by mail to each creditor named in the bankrupt's schedules, directed to their respective addresses as stated therein, a certified copy of the order fixing the date of such hearing. The clerk shall, at least five days before the day fixed for the hearing on said application, transmit said application to the Referee, to whom the case has been referred, and it shall be the duty of such Referee to file with the clerk prior to the day fixed for the hearing, a report in writing, stating: First. Whether the bankrupt has been examined in open court, or at a meet- ing or his creditors, and filed in court the schedules required to be filed by the bankrupt. Second. The number and aggregate amount of the claims of creditors, which have been allowed against the estate of the bankrupt, and the number and aggre- gate amount of the claims of those creditors who have accepted in writing the proposed composition. Third. The aggregate amount of the claims of creditors which are entitled to priority. Fourth. The approximate costs of the proceeding in the event that the com- position is confirmed, including the expenses and fees of the Trustee, Referee and Clerk. Fifth. Whether in his opinion the bankrupt has been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and if so, in what particular. Sixth. Any other facts known to the Referee, which have a material bearing upon the propriety of confirming the proposed composition, and whether in his opinion the composition is for the best interests of the creditors. If upon the hearing the Court shall make an order, confirming the proposed composition, it shall be the duty of the Referee, to whom the case has been re- ferred, to forthwith file with the clerk the record of proceedings had before him in the case. Upon the filing of the record of proceedings had before the Referee, the clerk shall proceed to make distribution, in accordance with the terms of the composition, the amount to be distributed being computed upon the basis of the allowed claims, in case the claim has been allowed, and where the claim has not been presented for allowance, upon the amount stated in the schedule as owing to the creditor. After making distribution in accordance with the terms of the composition, the clerk shall file a written report, with proper vouchers, showing the amount of money, or money and notes, received by him, the amount distributed to each RULES IN EASTERN DISTRICT OF MISSOURI. 693 creditor entitled to share in the distribution, and the amount paid out for costa or fees, and the amount, if any, returned to the bankrupt XXXIII. All suits instituted by Trustees in Bankruptcy, process shall issue therein in the form of a subpoena directed to the defendant or defendants commanding them to appear upon a day to be named therein, not less than twenty days from the date of issuing such subpoena. The defendant shall appear and plead within five days after the return day named in the subpoena, provided he shall have been served with process at least fifteen days before that time, and if he shall not have been so served, then he shall appear and plead within twenty days after he shall have been served with process, and any counter pleading on behalf of plaintiff or complainant, shall be filed within five days thereafter. In suits in equity, the com- plainant shall take his evidence within thirty days after the cause is at issue; the defendant shall take his evidence within thirty days thereafter; and complainant shall take his evidence in rebuttal within fifteen days thereafter, for good cause shown, and after notice to the adverse party, the Court may enlarge the time with- in which the parties are required to take their evidence. Evidence in equity causes shall be taken in any of the modes provided for the taking of evidence in suits in equity in the Circuit Courts of the United States, unless the court, upon the application of either party, shall direct that the cause be heard upon oral testimony. When a cause is at issue, and ready for trial, the Court, upon application, and after notice to the adverse party, will set the same down for trial upon a day to be designated by the Court. RULES OF THE DISTRICT COURT IN BANKRUPTCY. EASTERN DISTRICT OF LOUISIANA. It Is Ordered that the following rules be, and the same are hereby, pre- scribed and adopted as the rules governing the practice of this Court in bankruptcy proceedings: I. FIRST NAME OF BANKRUPT TO BE GIVEN IN FULL. In petitions for adjudication of bankruptcy, whether voluntary or involuntary, the name of the bankrupt must be given in full. No adjudication of bankruptcy will be made, nor other proceedings be taken by the Referee, until either in the original petition or in amendment thereto duly made, the first name of the alleged bankrupt is set forth in full, and not by initial only. II. SCHEDULES. The schedules of the bankrupt, and any amendment, shall state the names and addresses of the creditors and also the debtors of the bankrupt, in full, giv- ing street number as well as post-oflBce address. III. POWERS DELEGATED TO REFEREES. (a) Referees heretofore, or hereafter, appointed for the Eastern District of Louisiana, are hereby vested with all the jurisdiction and powers which, by the said Bankruptcy Act and the General Orders of the Supreme Court, promul- gated at the October term, 1898, the Court or Judge may delegate to such Referees. This general order shall operate in lieu of a special order in each case. (&) Referees may make rules for the guidance of proceedings before them within their respective territorial jurisdiction, and may from time to time alter and amend the same; provided, that such rules shall not be inconsistent with the provisions of said Bankruptcy Act or the General Orders of the Supreme Court, or the orders or rules of this Court. IV. REFEREES TO REGULATE EVIDENCE. Referees shall pass and rule upon all questions pertaining to the admission or 694 RULES IN EASTERN DISTRICT OF LOUISIANA. 695 rejection of evidence in all proceedings before them, and, if desired, shall note on the record all objections made to the rulings thereon; where testimony is excluded, they shall, if requested, note a brief statement, by the party offering the same, of the facts he expects to prove thereby. Referees shall limit the enquiry before them to relevant and material matter; and, in cases where an examination is unnecessarily prolonged, the Referee may in his discretion, limit the time of such examination, or he may impose costs, in- cluding the fees of the stenographer and other expenses, upon the party or parties responsible for the improper prolongation, and may require provision to be made for the payment of said costs, fees and expenses. ALLOWING AMENDMENTS BY REFEREES. Referees are authorized to permit amendments to the petition and schedules upon the application of the bankrupt; and Referees may, of their own motion, require the bankrupt to amend his petition and schedules. All amendments shall be made by petition addressed to the Judge or the Referee, who shall enter thereon an order allowing said amendments. The amendments desired shall be set forth in triplicate schedules duly signed and sworn to by the bankrupt, and shall be filed, together with the petition and order, in the Clerk's Office. Two of the amended schedules shall be mailed by the Clerk to the Referee in charge of the proceedings. VI. AUTHORITY OF REFEREES IN ABSENCE OF JUDGE. Whenever the Judge is absent from the district, but not otherwise, the Referee may take such steps for the preservation of the bankrupt's estate as may be necessary, including the appointment of Receivers, the disposal at public or private sale of perishable property, and the issuing of restraining orders. VII. ATTORNEYS. Trustees may employ attorneys when authorized by the creditors at any called meeting; but no attorney who has represented the bankrupt or any creditor in the proceedings shall be employed by the trustee, except for good cause shown. No fees shall be paid attorneys until proof of debt for same is filed, the amount approved by the trustee, and the creditors given at least ten days' notice. The employment of attorneys and the amount of their fees shall be in all cases subject to the approval of the Court. Receivers shall not employ counsel except upon the authorization of the Court. vni. DECREES OF REFEREES— WHEN SIGNED. All decrees rendered by Referees shall be signed not sooner than three (3) 696 RULES IN EASTERN DISTRICT OF LOUISIANA. clear days after rendition, and shall become fiixal ten (10) clear days thereafter, unless appealed from. IX. ACCOITNTS OF RECEIVEBS. After adjudication and reference every Receiver's account shall be sworn to and filed with the Referee not later than ten daj's after the trustee shall have qualified, unless the time for filing said account is extended by the Referee. After ten days' notice to the creditors, the said account shall be heard by the Referee. Oppositions to the same shall be in writing, and shall be filed previous to the day fixed for said hearing, and, if no oppositions be presented to the Referee, he may approve the account and discharge the Receiver. Z. REVIEW OF REFEREE'S RULING BY THE JUDGE. When a review by the Judge of any order, ruling or decision of a Referee is desired, an objection shall be made and noted on the record at the time of the ruling or the order objected to, and an assignment of errors shall be presented to the Referee for his signature within the time allowed for an appeal, which assignment of errors, when signed by the Referee, may be filed with the Clerk by any party in interest. A failure to comply with this rule shall be held a waiver of the right to review, unless on special order thereafter made by the Referee or Judge. The opinion and decision of the Judge shall be returned by the Clerk to the Referee. Whenever practicable, the Referee shall annex to the assignment of errors his reasons for the order, ruling or decision complained of. XI. PETITIONS IN FORMA PAUPERIS. In case a petition is filed by a proposed voluntary bankrupt accompanied by an aflQdavit under subdivision 2 Section 51 of said Bankruptcy Act, it shall be the duty of the Clerk to file said petition without exacting the payment of the fees pro- vided for by said Bankruptcy Act (Section 51, A.). The Clerk may request the Referee to examine into the truth of such affidavit, and the Referee may, of his motion, make such an examination. If upon examination the Referee should find that the bankrupt is not entitled to relief from payment of the filing fees, as provided in the aforementioned sec- tion of the Bankruptcy Act, and that at the time of said examination the bankrupt has or can obtain the money with which to pay said fees, the Referee shall order him to pay said fees within a time specified by said Referee, and if the bankrupt fails to comply with said order, such facts shall be certified by the Referee to the .Tudge, for dismissal of the petition as provided in General Order XXXV (4) in Bankruptcy, adopted by the Supreme Court of the United States. RULES IN EASTERN DKSTRICT OF LOUISIANA. 697 XII. INDEMNITY EXPENSES FOR REFEREES. Pursuant to Section 30 of the Bankruptcy Act of July 1st, 1898, and of Bules X and XXXV (2) of General Orders in Bankruptcy. Until further orders, the Referees shall be allowed as indemnity for expenses incurred by them, the following rates: 1. Cash paid for advertisements. 2. For all clerical aid in preparing advertisements and notices to creditors of first meeting, mailing the same, and making proof thereof, keeping register, files and records, and preparing typewritten memoranda of proceedings, prior to the first meeting of creditors, including stationery, envelopes, printing, letters, mes- sages and all petty expenses, five ($5.00) Dollars. 3. For similar clerical aid, etc., in calling and holding meetings of creditors to consider offer of composition. Five ($5.00) Dollars. 4. For similar clerical aid, etc., in calling and holding each and every other lawfully called meeting of creditors, Five ($5.00) Dollars. 5. For use of office and for clerical aid and for taking and keeping notes and records of proceedings at each called meeting and each postponed meeting and at each hearing on interlocutory orders, or for other proceedings ($3.00). 6. For any of the meetings as hereinabove provided for, the referee shall charge ten cents (10 cts.) for each notice in excess of twenty (20), the number of creditors in each case to be stated in the referee's final report to the court. 7. For all necessary clerical aid in the care of creditors' proofs of claims after filing, including endorsing, recording, arranging and preserving them, and exhibiting and furnishing information concerning the same as required by law, twenty-five cents (25 cts.) for each claim, to be paid out of the estate of the bank- rupt. 8. For certifying each copy of orders or other papers twenty-five cents, (25 cts.). 9. Whenever the petition and schedules in a bankruptcy case shall be re- ferred to the Referee, he shall give notice to the bankrupt or his attorney, of the amount of costs necessary to be advanced for the calling of the first meeting of creditors or any other necessary expenses incident to the administration of the estate, as provided under this rule; and the bankrupt, his attorney, or any other party who may advance these costs shall have the same refunded to him out of the assets of the estate, as provided in General Order X adopted by the Supreme Court of the United States. xm. FINAL ACCOUNTS OF TRUSTEES. The final account of the Trustee, in all cases, shall be sworn to and filed with 698 KULES IN EASTERN DISTRICT OF LOUISIANA. the Referee, who shall send notices, by mail, to the creditors of the time when and the place where said account will be examined and passed upon. Trustees shall in their final accounts, marshal and rank all claims against the bankrupt in accordance with Section 64 of said Bankruptcy Act. The final account shall also state the gross amount of money on hand, and the several sources from which same has been obtained. If taxes have been paid by the Trustee prior to the filing of the final account, or if taxes are due, the final account shall state what taxes have been paid or are due. All objections to the final account shall be in writing, and shall be filed before the Referee previous to the time fixed for the examination of the account. Where the bankrupt has no property, other than such as is exempt, and no assets have come to the hands of the Trustee, it shall be unnecessary to call a final meeting of creditors, and the Trustee shall be entitled to secure a discharge from his trust by filing a report duly sworn to, with the Referee, stating such fact and making it appear to the satisfaction of the Referee that there is no property of the bankrupt available as assets of the estate. XIV. SALES. 1. The Referee may order the sale of real or personal property at public or private sale, after due appraisement in accordance with section 70 b of said Bank- ruptcy Act. The appraisers shall be appointed by the Referee. 2. Real estate may be sold either for cash or partly on credit and partly for cash, the credit portion of the price to be secured by usual vendor's privilege, mortgage and other security clauses. All sales of real estate shall be made at the court house door in country parishes, at the Real Estate Exchange in the city of New Orleans, Parish of Orleans, or upon the premises, if the Referee so directs, after advertise- ment in the paper designated in the parish in which said property is situated, once a week for four weeks, unless for good cause shown, the sale or advertise- ment is otherwise directed by vote of the creditors or by order of the Referee. 3. All sales of personal property shall be made at such place and after such ad- vertisement as the creditors may direct or the Referee order. 4. Upon vote or upon petition of a majority of the creditors, in number and amount, whose claims have been filed and allowed, the Referee may upon good cause shown, authorize the Trustee to employ a duly licensed auctioneer to sell the real estate or personal property, said auctioneer's compensation for the sale of real estate not to exceed two (2%) per cent on the first Ten Thousand ($10,000.00) Dollars realized and one (1%) per cent on amounts in excess of Ten Thousand ($10,000.00) Dollars. Upon sales of movables said compensation shall not exceed five (5%) per cent of the amount realized. 5. When property is burdened with liens or mortgages, same may be made clear of said liens and mortgages before being sold, by rule to cancel said encumbrances, to be heard before the Referee after notice to the lienors or mortgagors. 6. Lienors or mortgagors may bid upon such property when sold and upon spec- ial order of the Referee may use their valid lien indebtedness or part thereof by way of settlement of the purchase price. RULES IN EASTERN DISTRICT OF LOUISIANA. 699 7. The Referee may make or order sales of perishable property, at public auc- tion, through an auctioneer duly appointed by him, or through the marshal, at such place and in such manner as the Referee may determine, but such sales must bring at least seventy-five (75%) per cent of the appraised value of said property, as provided by Section 70 b of the Bankruptcy Act. 8. All orders for the sale of real estate, together with a description of the prop- erty shall be recorded in the office of the Clerk of Court at New Orleans in the Sales Book kept by him. XV. COMPOSITIONS. Bankrupts offering composition shall apply to the referee to call a meeting of creditors to consider same. After composition has been accepted by a majority of the creditors, according to law, the consideration to be paid to creditors, and the money necessary to pay all debts which have priority and the costs of the pro- ceedings, shall be deposited in one of the designated depositories. Application for confirmation of composition (form No. 61) shall be filed with the Clerk, accompanied by certificate of the Referee that Section 12 b has been complied with. The Clerk shall thereupon, notify all creditors by mail, to show cause within ten days why said composition should not be confirmed. If no objection is made within the time specified, the composition shall be confirmed as of course. The Clerk shall be entitled to 10 cts. for each notice sent to the creditors. In case of opposition the matter shall be set for a hearing before the Judge^ and all parties notified by mail, and he may either determine the matter or refer same to the referee as special master for hearing and report. XVI. NOTICES: HOW SERVED. Notice of petitions or motions filed with the Referee for interlocutory or other orders in any Bankruptcy case shall be given as directed by the Referee. Th person giving the notice shall make his return to the Referee in the form of an affidavit, with the copy of the notice annexed, showing the method of service. XVII. DEPOSITORIES AND CHECKS. All funds coming into the possession of trustees and receivers shall be forth- with deposited in one of the designated depositories. No money shall be withdrawn from the depositories except upon the check of the Trustee, countersigned by the Referee, and bearing the name of the person to whom payable, and the title of the cause. In composition proceedings the funds necessary to pay all debts which have priority and the costs of the proceedings shall be deposited in the proper bank as herein provided, in the name and number of the bankruptcy case and to the order of the Judge, who shall direct by special order in each case, the party or 700 RULES IN EASTERN DISTRICT OF LOUISIANA. parties by whom such funds shall be withdrawn. A certified copy of said order, sent by the Clerk to the Bank where said funds are deposited, shall be au- thority for the withdrawal of said funds. The Clerk shall furnish depositories with a copy of this rule. XVIII. PROCEDURE ON APPLICATIONS FOR DISCHARGE. Petitions for discharge shall be filed with the Clerk who shall at once notify the trustee and all known creditors of the bankrupt, by mailing them copies of the petition and order, to show cause within fifteen days why said discharge should not be granted, and shall publish said order once according to law. If no opposi- tion be filed within the time specified, the discharge shall be granted as of course. In case of opposition the matter shall be set for a hearing before the Judge, and all parties notified by mail, and he may either determine the matter or refer same to the Referee as special Master, for hearing and report. The clerk shall be entitled to a fee of fifty cents for each copy of said petition and order. XIX. BANKRUPT'S COSTS ON DISCHARGE. The bankrupt shall be entitled to receive out of his estate the costs necessary for his discharge, provided there are suflicient assets to first pay all other costs, and provided further, the trustee is requested in writing to set aside the same, before distribution of the assets, and application for discharge is made not later than sixty days after adjudication. FEES OF CLEBX, REFEREE AND TRUSTEE— WHEN PAID. The Trustee's fee of Five Dollars, deposited with the Clerk, shall be paid to the Trustee upon the certificate of the Referee that the services of the Trustee have been actually rendered and that the case has been closed. He shall be paid such commission as may be allowed by the Referee, under Section 48 of the Bankruptcy Act, upon order of the Referee, as soon as same accrues and is earned. The Referee shall be paid his commission at the same time. In every case, except where a petition in forma pauperis is filed, the Clerk shall be entitled, when the petition is filed, to receive the filing fee of ten dollars. The Clerk shall pay to the Referee the Fifteen Dollars deposited as fees of the Referee upon receiving the latter's certificate that the case has been closed and that his services have been rendered. Where there are no assets the case shall be deemed closed for the purpose of the payment of fees to the Referee and Trustee after the first meeting of creditors has been held. XXI. DISMISSAL OF BANKRUPTCY CASES WHEN NOT PROSECUTED. The first meeting of creditors shall be called by the Referee to whom the pro- ceedings in bankruptcy are referred, within the time specified under Section 55 of RULES IN EASTERN DISTRICT OF LOUISIANA. 701 the Bankruptcy Act, and should the Bankrupt, after notice from the Referee, as pro- vided by Rule XII, 9, of this Court, fail to advance, or have advanced the costs necessary for the calling of said meeting, within the time specified by the aforesaid Section 55 of the Act, the Referee shall certify such facts to the Judge, for the dismissal of the proceedings in bankruptcy, for failure to prosecute. XXII. AS TO WITHDRAWAL OF RECORDS. The Clerk shall not permit the record in any cause to be taken out of his office. The foregoing rules shall supersede all rules now in force and shall become operative on the 1st day of February 1910. (Signed) RUFUS E. FOSTER, Judge. RULES OF THE DISTRICT COURT IN BANKRUPTCY. NORTHERN DISTRICT OF TEXAS. It Is Hereby Ordered, That the following rules be and they are hereby adopted and prescribed for the regulation of proceedings in Bankruptcy, in the United States District Court for the Northern District of Texas. I. Creditors and the bankrupt may be represented in any proceedings in bank- ruptcy by attorneys authorized to practice in the Circuit and District Courts of the United States. Attorneys may verify papers required to be verified in bankruptcy proceedings, or collect dividends, when they file with the referee letters of attorney, stating the authority to them given; the verification of papers by attorneys must set out the authority by which they act, the reason why the creditor or bankrupt does not act in person, and that they have personal knowledge of the truth of the facts alleged in the paper verified, when such personal knowledge would be re- quired of the bankrupt or creditor. II. All petitions, schedules and pleadings shall be written in a plain and legible hand, typewritten or printed upon white paper of approximately legal cap size; all pleadings must be properly endorsed with the name of the Court, the title of the cause, and if the parties appear by an attorney, his name and address. III. Upon the filing of an involuntary petition in bankruptcy the petitioning cred- itor or creditors shall, at the same time file with the clerk, in addition to the original petition, a duplicate copy of said petition for each person against whom the proceeding is instituted, such duplicate copy or copies to be served upon said proposed bankrupt or bankrupts. IV. The schedules which the Bankrupt Act (sec. 7 sub. div. 8,) requires the bank- rupt to file, shall contain a list of his creditors and schedule of his property, in- cluding that which may be exempt to him by law, in accordance with the several forms of schedules adopted by the Supreme Court. (See General Forms.) 702 RULES 1:N' northern district of TEXAS. 703 V. An aflBdavit may be made and annexed to the schedule, setting up that the petitioner has no property described by a schedule, designating the particular schedule by its proper number, and that schedule may then be omitted; otherwise, the schedule prescribed in the General Forms shall be used, and the fact that the petitioner has no property described in a schedule shall be stated thereon in the proper place. VI. Upon the filing of a petition for involuntary bankruptcy, if before the return day of the writ of subpoena issued to the bankrupt he confesses the allegations of the petition and waives service thereunder, by answer filed with the clerk, an adjudication on said petition may be had, as provided in section 18, of the Bank- rupt Act, after the expiration of ten days from the filing of such answer. VII. When the defendant confesses the truth of the petition and waives service, as mentioned in rule No. 6, by answer filed with the clerk, he shall file at the same time such schedule of his property and list of his creditors as are provided for in section 7, sub-division 8, of the Bankrupt Act. VIII. The day named in the order of reference for the attendance of the bankrupt before the referee shall be the 5th day after the date of such order and shall by said referee be entered in his docket, as the date from which the bankrupt becomes subject to the order of the Court, as provided in General Order in Bankruptcy No. 18. Unless cause to the contrary exists, the referee may continue the time so named for the personal attendance of said bankrupt to the time and place fixed for the first meeting of creditors, or to such time and place as he may find to be for the best interest of all parties. IX. Any creditor who may wish to examine the bankrupt at the first meeting of creditors shall, after he has received notice thereof, forthwith notify the referee of his desire to examine the bankrupt and deposit with the referee a sufficient sum of money to be fixed by the Referee to defray the expenses of such examination, and the expense of a stenographer, if a stenographer is deemed necessary by the referee. When there are assets belonging to an estate in bankruptcy, the trustee shall forthwith ascertain what taxes are due to the United States, to the State of Texas, to the county, city or town in which the bankrupt resides, or in which any part of the estate is situated; he shall make a written report thereof to the referee, specifying the taxes due on each piece of property and the referee shall, pursuant to section 64, of the Bankrupt Act, order the payment by the trustee of all taxes 701 RULES IN NORTHERN DISTRICT OF TEXAS. found to be legally due, or such part thereof as he may determine to be for the best interest of the estate, if there be not sufficient funds to pay the whole amount. XI. It shall be the duty of the trustee when there are assets in his control, to make a list of all debts claimed to be entitled to priority, as provided in section 64, of the Bankrupt Act. He shall report the same in writing to the referee, who shall make the proper order for their payment, as required by the Bankrupt Act. XII. Whenever a dividend is declared, the referee shall fix a date on and after which payments may be made by the trustee, due notice of which shall be given by the referee as required by section 58, sub. div. 5. On receipt of the dividend sheets as provided by sec. 39 (1) the trustee shall forthwith prepare and have countersigned by the officer designated for that pur- pose, warrants upon the official depository for the sums of the amount named in the dividend sheets, payable to the several creditors. The trustee shall deliver the warrants on the day fixed for the payment of the dividend, or any day thereafter, to the creditors entitled to them. After the day fixed when payment of dividends may be made, the trustee may deliver such warrants as have not been called for by the creditors, to the attorney or agent of the creditor, who shall present a letter of attorney authorizing him to receive such warrant. The trustee shall deliver such letters of attorney to the clerk, who shall file and place them with the papers in the case. XIII. All reports of trustees not otherwise provided for shall be filed with , the referee having jurisdiction of the case. XIV. The petition for discharge shall be verified. Upon filing a petition for dis- charge, the clerk shall forthwith deliver it to the referee, to whom the case has been referred. On receipt of the petition for discharge, in proper form, the referee shall fix a day on or before which, the creditors or other parties in interest may file with the referee notice in writing of their opposition to a discharge. The referee shall at least ten days before the day so fixed, notify the creditors by mail, of the filing of the petition for discharge and that if the creditors or other parties in interest propose to show cause why the discharge should not be granted, they must, on or before the day fixed in the notice to them, file with the referee a notice of their opposition to the discharge prayed for. The referee shall also cause such notice of the petition for discharge to be published once in the proper newspaper at least one week before the day on which notice of opposition may be filed with him. XV. If no opposition to a petition for discharge is filed with the referee on or be- fore the day named in the notice to the ci editors, or, if filed and no specifications RULES IN NORTHERN DISTRICT OF TEXAS. 705 In support thereof are filed before him within ten days allowed as provided in Rule No. 16 the referee shall, unless the Judge directs otherwise, forthwith mail to the Clerk of this Court at Ft. Worth, the petition for discharge, with his certificate showing that due notice of the filing thereof has been mailed to the creditors and also has been published as directed; that no opposition had been filed by any one; the amount of unpaid costs and expenses in said case, if any, and also whether the bankrupt has or has not complied with the Bankrupt Act so far as to him known. The petition for discharge will then be for hearing before the Court without further notice to the parties. And, unless a different time and place is fixed by special order of the Judge, such hearing will be had before him in Chambers, at Ft. Worth, at 10 o'clock a. m. on the Rule day, (being the first Monday in each month), next after the filing of the referee's said certificate with the clerk, or upon any succeeding Rule day when the Judge is present in chambers at Ft. Worth. XVI. If opposition to the petition of discharge is filed, on or before the day fixed by the referee, then from that day, ten days additional shall be allowed the party in opposition to file specifications of his grounds of opposition by way of answer to the petition, (General Forms 58), and at the expiration of said additional ten days the referee shall, unless the Judge directs otherwise, send to the clerk of this Court at Ft. Worth, the petition for discharge and all opposition filed thereto, with his certificate showing the action before him, and also showing as far as applicable the several matters required to be certified by rule No. 15. On the next succeeding Rule day the Judge will fix a time and place for hearing the issues thus made and the Clerk at Ft. Worth will notify the bankrupt and contesting creditors of the time and place so fixed. XVII. It shall be the duty of the Clerk on each Rule day at 10 o'clock a. m. to present to the Judge in Chambers at Ft. Worth for final disposition, all papers relative to discharges sent up by the referees. When a discharge is granted in a case coming from a division of the district other than the Ft. Worth division, it shall be the duty of the C^erk at Ft. Worth to transmit the order of discharge and all papers received by him with the petition therefor, to the Clerk of the division where the case was originally instituted. The order of discharge shall be duly recorded by the clerk, thus receiving same, and he shall place the papers with the other papers In the case. xvin. Before a discharge Is granted. If It appears that the final report of the trustee has not been filed and the estate is not ready to be closed up, the bankrupt may be required to deposit with the referee such a sum as the Judge may deem suflScient to meet the costs that may thereafter be made. $ XIX. After the final account of the trustee has been filed, a final meeting of the creditors shall be called by the referee, to pass on the same. Ten days' notice ol said final meeting shall be mailed by the referee to the creditors. If after such 706 RULES IN NORTHERN DISTRICT OF TEXAS. notice no meeting is held because of non-attendance of creditors, the final account of the trustee shall stand as approved by the Court. ZX. The fees provided for the referee by the Bankrupt Act (section 40), shall be paid by the clerk upon receiving the referee's certificate that the case has been closed, and that his services have been duly rendered. The commissions due the referee under section 40a of the Bankrupt Act shall be paid upon the declaration of a dividend, or upon the confirmation of a composition. The fee provided for the trustee by the Bankrupt Act (section 48) shall be paid by the Clerk upon the certificate of the referee that the case has been closed, and that the services of the trustee have been actually rendered. Such commissions as may be allowed the trustee under section 48, of the Bankrupt Act, shall be paid the trustee at the time the dividend is declared. The clerk shall be entitled to the fee provided by section 52a of the Bankrupt Act upon the filing of the petition in the case. Where there are no assets, and no trustee has been appointed in accordance with General Order No. XV, the case shall be deemed closed for the purpose of payment of fees to the referee and trustee when a discharge has been granted or refused the bankrupt. If no application for discharge has been made, the case shall be deemed closed for the payment of said fees at the expiration of two months from the date of adjudication. "Where there are assets, the case shall be deemed closed upon the discharge of the trustee or confirmation of a composition. XXI. GENERAL OBDEB. a. Voluntary Petitions of individuals in bankruptcy and the pleadings of re- spondents in involuntary proceedings admitting or confessing bankruptcy and all petitions for discharge shall contain the full christian name or names of the petitioner or pleader. &. Voluntary Petitions of partnerships shall contain, in addition to the part- nership name, the names of the persons composing such partnership, and all petitions for discharge filed by such partnership or any partner, shall contain the full christian name or names of each partner a party to the petition. c. The Clerk may not refer any such petition or pleading in case of non- compliance with this order, unless otherwise directed by the Judge. RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF COLORADO. BANKRUPTCY DISTRICTS. In order to appoint referees and define the territory in which they shall have jurisdiction, pursuant to the Act of Congress approved July 1, 1898, entitled, " An Act to establish a Uniform System of Bankruptcy Throughout the United States," the State of Colorado is hereby divided by counties into ten bankruptcy districts as follows, namely: The first district shall be composed of the counties of City and County of Denver, Douglas, Elbert, Lincoln, Cheyenne, Kit Carson, Arapahoe, Adams, Yuma^ Washington, Morgan, Phillips, Sedgwick, Logan, Weld, Jefferson, Park, Clear Creek,. Gilpin, Boulder, Larimer and Grand* and Routt. § The second district shall be the county of El Paso and the county of Teller| The third district shall be composed of the counties of Pueblo, Fremont,. Chaffee, Custer, Huerfano, Otero, Bent, Prowers, Kiowa, Las Animas and Baca.j The fifth district shall be composed of the counties of Rio Grande, Mineral.^ Saguache, Costilla and Conejos. The sixth district shall be composed of the counties of Archuleta, La Plata, Montezuma and San Juan. The seventh district shall be composed of the counties of Dolores, San Miguel, Hinsdale, Ouray, Montrose, Gunnison and Delta. The eighth district shall be composed of the counties of Mesa, Pitkin, Garfield and Rio Blanco. The ninth district shall be composed of the counties of Lake, Eagle and Summit. II. PETITIONS. WHERE FILED. Petitions in bankruptcy shall be filed in the district court at Denver, when the bankrupt resides or does business in any of the counties of City and County of Denver, Douglas, Elbert, Lincoln, Cheyenne, Kit Carson, Arapahoe, Adams, Yuma, Washington, Morgan, Phillips, Sedgwick, Logan, Weld, Jefferson, Park, Clear Creek, Gilpin, Boulder, Larimer, El Paso, Lake, Eagle, Summit or Teller, or Grand or Routt.* * 1907, October 1. Grand county transferred to first district. ^ 1909, February 19. Routt county attached to first district. I 1908, March 19. Teller covmty attached to second district. f 1907, August 2. Las Animas and Baca counties attached to third district. * 1907, October 1. Petitions fro mGrand county to be filed at Denver. * 1908, February 19. Petitions from Routt county to be filed at Denver. 707 ;08 RULES IN DISTRICT OF COLORADO. Petitions in bankruptcy shall be filed in the district court at Pueblo, when the bankrupt resides or does business in any of the counties of Pueblo, Fremont, Chaffee, Custer, Huerfano, Otero, Bent, Prowers, Kiowa, Las Animas, Baca, Rio Grande, Mineral, Saguache, Costilla, Conejos, Archuleta, La Plata, Montezuma or San Juan. Petitions in bankruptcy shall be filed in the district court at Montrose when the bankrupt resides or does business in any of the counties of Dolores, San Miguel, Hinsdale, Ouray, Montrose, Gunnison, Delta, Mesa, Pitkin, Garfield, Rio Blanco. If the bankrupt shall reside in one county and do business in another county, within the state, the place of his residence shall control. When several persons are charged in the same petition, the petition may be filed in the court having juris- diction of the greater number, or where the business of such persons may be carried on. — III. BANKRUPTCY COURTS. A court of bankruptcy may be held at a place other than that at which the referee resides, when the convenience of parties requires it. In that case the referee's expenses of travel may be charged against the estate. IV. POOR PERSONS. In case of a petition in bankruptcy accompanied by an aflBdavit stating " that the petitioner is without, and cannot obtain money, wherewith to pay fees," there shall also be filed with the petition, an affidavit of the petitioner, and of his attorney, stating that the petitioner has not paid, and has not agreed to pay to his attorney, any sum of money, or other thing of value, for the services of such attorney in such bankruptcy proceeding. This rule shall not apply when the petitioner shall act for himself, without the assistance of an attorney. SUBPOENA. Upon petition filed in Denver under section 3 of the act relating to involuntary bankruptcies, against a person residing in the city and county of Denver, the clerk shall issue a writ of subpoena returnable in ten days; when the person charged with acts of bankruptcy shall reside in any other county, the writ shall be return- able in fifteen days. Upon petition filed in Pueblo under section 3 of the act relating to involuntary bankruptcies, the clerk shall issue a writ of subpoena, returnable in fifteen days. Upon petition filed in Montrose under section 3 of the act relating to invol- untary bankruptcies, the clerk shall issue a writ of subpoena, returnable in fifteen days. VI. DISCHARGE. A petition for discharge shall be presented to the referee in charge of the case; RULES IN DISTRICT OF COLORADO. 709 the referee shall appoint a meeting of the creditors to consider such petition, and give notice thereof as required by law and the rules of court; after such meeting shall have been held, the referee shall report to the court the petition, and his proceedings under the same, and any opposition made to the discharge of the bankrupt. Following such report, the court will make order as the justice of the case may demand. VTI. COSTS ON DISCHABGE. In case of opposition to a discharge in bankruptcy and issue joined, upon which testimony shall be taken before a referee, the costs of taking testimony, together with a charge of five dollars per day to be paid to the referee for the time occupied, not exceeding three days, shall be paid by the opposing creditors. Such costs and fee to the referee may be charged against the estate in a proper case. vni. Notices to creditors, under section 58 of the bankrupt act sent by mail, shall be deposited in a post-office not less than two weeks prior to the day fixed in the notice. l»v RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF WASHINGTON. I. HECOBDS. Referees shall keep minutes of all meetings of creditors and examinations of parties and witnesses and of all other proceedings conducted before them, and make lists of claims proved, and furnish typewritten transcripts of the minutes and lists of proved claims, in each case to be part of the record. The record in each case shall consist of the original petition, each paper filed including proofs of debt and depositions, all orders, whether made by the court, Judge, Clerk, or Referee, and the Referee's minutes. Each record shall be certified by the Clerk to be the complete record in the case. n. BECORDS TO BE BOUND. The record in each case shall be bound in one or more volumes, not more than 800 sheets to be included in one volume. The volume shall be made by stitching or fastening the papers through the top margin so that the hinge will be at the top. If the complete record contains 100 sheets or less, heavy paper of good quality may be used for covers, volumes of more than 100 sheets must be substantially bound in leather or other material equal to leather in durability, and must be indexed. III. SIZE AND QUALITY OF PAPER. That records may be made conformably to Rules I and II, all papers intended to be filed and all orders and transcripts must be printed or legibly written or type- written without interlineations or erasures except slight corrections which must be attested by the Clerk or Referee, with his initials in the margin before filing. The paper used must be of good quality and not larger than half flat cap size, that is to say, eight and one-half inches wide and fourteen inches from the top edge to the lower edge, nor less than eight inches by twelve and one-half inches. Only one side of the sheet must be written upon, except that endorsements may be upon the reverse side. There must be a blank margin of at least one and one-half inches at the top and at least one inch wide on the left hand edge of each page. All papers must be plainly endorsed with the title and number of the case and the name or nature of the paper before filing. The Clerk and Referees shall refuse to file papers which do not conform to the requirements of this rule. 710 RULES IN DISTRICT OF WASHINGTON. 711 IV. EXPENSE OF MAEING UP AND BINDING RECORDS. The actual expense of making transcripts of the Referee's minutes, and binding* the record, must be paid by the bankrupt, or out of his estate, before a discharge will be granted. In involuntary cases where the decision is adverse to the peti- tioners, the expenses of completing and binding records will be taxed as costs against them. V. LETTERS OF ATTORNEY AND APPEARANCES OF ATTORNEYS FOR CREDITORS. Attorneys admitted to practice in this court or in the United States Circuit Court for this district, who represent any petitioner or creditor, must file a notice of appearance in writing and duly signed; other agents or attorneys in fact must file a general or special letter of attorney executed by their principals. VI. ADDRESS OF CREDITORS. Schedules containing lists of creditors must state the residence of each, with particularity as to city or town, street and number, or the post-office address, if known. vn. OFFICE EXPENSES OF REFEREE. Referees shall be entitled to charge in addition to actual expenses incurred by them in each case, a reasonable amount to meet their expenses for office rent and furniture necessary for transacting their official duties and keeping safely the papers and records belonging to the bankrupt estates, provided that the charge for office rent and furniture shall not exceed $5.00 in a contested case of involuntary bankruptcy, nor $3.00 in any other case. VIII. CUSTODY OF PAPERS. The original papers filed in the office of the Clerk shall not be taken from the Clerk's custody except by the Referee for the use during the pendency of a refer- ence, and while in the custody of the Referee they may be examined at his office, "but shall not be taken from the custody of the Referee by any person on any pretext "Whatever, until the Referee himself shall return them to the Clerk's office. 712 RULES IN DISTRICT OF WASHINGTON. zx. PBOOF OF PUBLICATION. Proof of publication of all notices required to be published, shall be made by the aflSdavit of the publisher or business manager of the newspaper and must be accompanied by and refer to a printed copy of the notice published, and must state the name of the paper and place of publication and the date or dates of each, appearance of the notice in the paper. X INDEMNITY FOR EXPENSES. In each case referred, the Referee may require as indemnity for his expenses, a deposit of $10.00 in money from the petitioner or petitioners, which amount shall be accounted for, and any surplus remaining shall be repaid. If further proceedings are necessary after the amount of the deposit has been exhausted, the Referee may require a further advance from the moving party, of an amount sufficient to cover whatever expenses may be necessary. ZI. EXPENSES FEE FOB FILING CLAIMS. To cover the expense of the Referee's office for clerical assistance in filing and listing claims, Referee will collect from creditors a fee of fifteen cents for each claim presented. zn. TIME FOR FILING CLAIMS NOT SCHEDULED. Claims against a bankrupt estate, not scheduled by the bankrupt, must be presented to the Referee on or before the 30th day after the first meeting of credi- tors. Referees will send by mail to each creditor who shall have presented proof of his claim, a copy of each proof of debt not scheduled by the bankrupt; and to cover the expense for stationery and clerical assistance required in mailing such copy, they will collect from the person, firm or company presenting such un- Bcheduled claim, 20 cents for each copy to be sent. xni. OPPOSITION TO ALLOWANCE OF CLAIMS AND PREFERENCES. Creditors and other interested parties having objection to the allowance of any claim against a bankrupt estate, or who wish to contest the validity or justness of any lien or priority of any debt of a bankrupt, must specify the grounds of their opposition in writing, and present the same to the referee on or before the 5th day after the first meeting of creditors, as to all debts, liens and preferences scheduled by the bankrupt; and as to all claims not scheduled, the opposition must be presented to the referee on or before the 20th day after the mailing to creditors of copies of such additional claims, as required by the 12th rule. RULES IN DISTRICT OF WASHINGTON. 713 XIV. PBOCEEDINGS IN FORMA PAUPERIS. When the petition of a voluntary bankrupt is presented, accompanied by the prescribed affidavit, the clerk will file the petition and docket the case. As the case progresses, the petitioner must pay the necessary expenses, and, before a final discharge will be granted, he must also pay the amount of compensation al- lowed to the clerk, referee, and trustee, or else make a showing to the satisfaction of the court that, by reason of ill health or circumstances of peculiar misfortune, he is a worthy subject of charity. XV. REFEREES— THEIR GENERAL POWERS. There shall be and hereby is conferred upon each and all of the referees in bankruptcy of the above named court, authority and power to do and perform each and every act which courts of bankruptcy ean do or perform (except as to questions arising out of the application of bankrupts for composition or dis- charge) in every matter which may be hereafter referred generally at any stage of the proceedings therein, unless in the order referring said matter the power and authority of the referee shall be expressly restricted. And upon such general reference, the referee to whom the matter shall have been referred shall have X)0wer and authority and it shall be his duty to proceed in the matter as the judge of said court might do or have done if the matter had not been so referred. RULES OF THE DISTRICT COURT IN BANKRUPTCY. NORTHERN DISTRICT OF CALIFORNIA. I. The referee will not be allowed expenses on account of clerk hire, or for traveling or other expenses, to which he may be entitled under General Order XXXV, unless the claim therefor, accompanied by proper vouchers, when vouchers can be procured, is presented to and approved by the judge. — ^Dated March 10, 1905. The clerk shall immediately upon receipt thereof deposit with a depository of public moneys of the United States, in trust, and to the credit of said clerk in his official capacity, all moneys collected by him for the payment of fees of referees and trustees, under the Bankruptcy Act, and shall on the first day of each regular term, present to the court a statement, showing all moneys received by him during the preceding term, and also the balance in such trust fund; said statement to show in detail cases in which such moneys have been received, and in what cases disbursements have been made, and said statement and vouchers accompanying the same, shall be filed in court. — Dated March 10, 1905. . III. The petition by or against a person in bankruptcy, shall be presented and heard only in open Court; and all motions or applications for orders in any bank- ruptcy proceeding, except such as are addressed to the referee in bankruptcy, will be heard only at the beginning of the morning session of the Court. — Dated August 31, 1898. IV. When a petition for voluntary adjudication in bankruptcy is accompanied by an affidavit stating that the petitioner is without and cannot obtain the money with which to pay the fees allowed by law to the clerk, referee and trustee, the matter of the ability of the petitioner to pay such fees shall under this rule, and without further order, stand referred to the referee to whom the case in bankruptcy is referred, to take and report the testimony of the petitioner in relation to his ability to pay such fees. — Dated November 6, 1905. V. Checks or warrants drawn pursuant to No. XXIX of the General Orders in Bankruptcy, adopted and established by the Supreme Court of the United States, 714 RULES IN NORTHEKN DISTRICT OF CALIFORNIA. ?15 November 29, 1898, shall be countersigned by the referee having jurisdiction of the case to which the moneys so drawn against belong. Copies of this rule and of said general order shall be furnished by the clerk of this Court to each depository within this district. — Dated April 15, 1899. VI. When there are no assets and no trustee has been appointed, and no application for a trustee is pending, after a meeting of creditors duly called, the case shall be deemed closed for the purpose of the payment by the clerk to the referee of the deposit for his services when a discharge has been granted or refused to the bankrupt, or when three months have elapsed after the first meeting of creditors without an application by the bankrupt for his discharge. Where a trustee has been appointed, the case shall be deemed closed, and the deposit for his services paid to him on the confirmation of a composition, or an approval of the trustee's final account and payment of the final dividend, or upon the trustee's verified report that no assets have come into his hands or were dis- coverable. When the case is closed, if no trustee has been appointed, the deposit for trustee's services shall be paid by the clerk to the bankrupt, or to his attorney for the use of said bankrupt. — Dated January 18, 1905. VII. Questions certified by the referee to the Judge of this Court for his opinion, shall be placed on the calendar for argument, and heard, and submitted to the Court for decision, at the opening of the Court on the first Saturday after the filing of the certificate with the clerk, unless otherwise ordered by the Court. — Dated May 18, 1899. VIII. Application for the discharge of the bankrupt, or for confirmation of a composi- tion, duly verified, should be filed in the first instance with the referee in charge, who will thereupon fix a day for the hearing before the Judge, which may be upon any Saturday at 10 a. m., and give the requisite notices thereof to all creditors or other persons interested, and thereafter transmit to the clerk of the Court two days prior to the return day, due proof of the service of such notices, together with the petition for discharge or composition. On the return day, the default of all creditors not appearing in opposition to the discharge or composition shall be entered. Upon due filing of written specifications of the grounds of opposition to the discharge or composition, the same shall, unless otherwise ordered by the Court, be referred to the referee in charge to take the proofs and testimony offered by the parties, and to ascertain and report the facts. The hearing thereon before the referee may be brought on by either party on four days' notice to the other. — Dated June 11, 1900. IX. When the Court refers any matter specially to a referee to take evidence, or to report upon any specified issue or issues of law or fact, for the information of the Court, the referee shall be entitled to a per diem compensation at the rate of 716 RULES IN NORTHERN DISTRICT OF CALIFORNIA. $10 per day for each day he is necessarily engaged under said order of reference. The fees of the referee and the costs for taking and transcribing the testimony under each order of reference shall be stated in his report, and, may be excepted to by the bankrupt, or any party in interest. Said fees shall be chargeable in the first instance to the party opposing the adjudication, or application for discharge or composition, and may be demanded by the referee before proceeding with the hearing, but the sum so paid, may in the event that such opposition is successful be allowed by the Court as a charge against the estate. — Dated June 11, 1900. A petition for a review by the Judge of an order made by the referee, as pro- vided in General Order No. XXVII of the General Orders in Bankruptcy, must be filed with the referee within ten days from the date of notice of such order, unless, for good cause shown, such time is extended. — Dated June 11, 1900. ZI. A person entitled to file a petition for review, or a petition for the re-examina- tion of any claim filed against the bankrupt's estate, shall at the time of filinc deposit with the referee, such sum as the referee may designate as required to cover the cost of such proceedings. — Dated June 11, 1900. (Signed) JOHN J. DE HAVEN, Judge, RULES OF THE DISTRICT COURT IN BANKRUPTCY. DISTRICT OF OREGON. When any question is certified here for review of the decision of a referee, the record so transmitted shall be filed by the clerk, who shall forthwith notify the parties, or their counsel; and, unless the parties within ten days thereafter appear to request a hearing in this court before the court or judge on the ques- tion so certified, the same shall be disposed of by the court or judge on the record, without further hearing unless ordered by the court or judge. II. a. When specifications in objection to the discharge of a bankrupt are made a copy of such specifications shall, before the same are filed, be served upon the bankrupt or his attorney and proof of such service made upon the original, and the bankrupt may, within ten days from the date of such service, demur, answer or otherwise plead to such specifications, but not otherwise. &. At the expiration of ten days from the filing of the specifications, the record so made up on such objections shall thereupon be forthwith, by an order filed by the clerk, referred to the referee having jurisdiction of the cause to take the testimony for and against the specifications, and report the same back to this court, together with his findings of fact and law. *IV. Upon the coming in of the Referee's report, the procedure prescribed in Rule 1, this day adopted, shall apply in all contested applications for discharge as to a hearing on the merits in this court. V. In all voluntary cases, when the Judge is in the District, and no objections are on file, the Clerk shall, upon filing the petition for adjudication, enter of record and file the order of adjudication and order referring the cause to the proper referee; and in pauper cases and in cases where the costs incident to the bankrupt's petition for discharge are payable out of the estate, and in such other cases as moneys are, or maybe, payable out of the estate for the purposes of ad- ministration, the Clerk shall enter the order for the payment of all such fees and costs; and when no objections are on file to the discharge of a bankrupt the Clerk shall also enter the order of discharge as of course. Adopted March 25, 1909. * No rule III. at present. 717 GENERAL INDEX. GENERAL INDEX. A ACCEPTANCE : pagb of offer of composition 389 ACCOUNT : oath to final 112, 272 final, notice to creditora. 183 of receiver Ill of trustee 270 order passing and allowing 189 notice of hearing, receiver's : 114 objections to receiver's 115 objections to trustees 273 report of special master on 118 order passing trustee's 189 ACKNOWLEDGMENT : (See Oath.) by partnership to letter of attorney 215 by corporation to letter of attorney 215 ACTIONS. (See Suit, Receiver, Trustee.) ACTS OF BANKRUPTCY : admission of ••• ^3 by directors of a corporation 43 enumerated generally ,. . . . 31,32,33 trial by jury of issue 53 Bankruptcy Act of 1898 557,-595 ADJUDICATION : order denying 65 notice of 137 effect of 63, 64 order of 62 partnership and Individual 64 principal place of business 28 petition to vacate 75 notice of motion to vacate 77 when order may be entered 63 consent to 62 ADMISSION: of inability to pay debts, etc 43 721 722 GENERAL INDEX. ADVERSE CLAIMANTS: page consent to jurisdiction 44^ meaning of term 444^ AFFIDAVIT: of attorney to conform to rule 99" by receiver for leave to begin action 104r of bankrupt as to exemptions 156- of lost bill or note 212" of mailing notices 141 of publication 140 of trustee upon assessment for personal taxes against estate 252 to intervene in State Court action by trustee 256 to stay sale by trustee, of mortgaged chattels 338 to stay suit (Supplementary Proceedings) 340' of mailing notice of petition of bankrupt for discharge 350' for cancellation of a judgment 380- to dissolve lien of attachment 424 to make mandate order of court below 497 AGENT: proof of claims by, (See Claims) AMENDMENT: of petition, petition for 80- of specifications 365 of discharge 355 of proof of claim 201, 202: of schedules 153, 154, 155 of record on appeal, order of 491 of printed record on appeal and directing printing, order of 492; ANCILLARY PROCEEDINGS: petition for appointment of receiver 131 order thereon 133- ANSWER: of alleged bankrupt 4ff alleging more than twelve creditors 4T denying bankruptcy 4& general answer 49' of creditors 51 order extending time to 61 consent to withdraw 62 in reclamation proceedings 415 of bankrupt to rule to show cause for contempt 434 of assignee for benefit of creditors to rule to turn over property to re- ceiver 436 APPEAL: (See Petition, Review, Writs of Error.) notice of 476, 489 petition for, to Circuit Court of Appeals from order denying dis- charge and order allowing same 477 citation on 482" assignment of errors 484 GENERAL INDEX. TZ3 APPEAL — Continued. page bond on 435 bond on, notice of filing of 437 stipulation as to record on 488 appearance of counsel on 49O order amending record on 491 order amending printing record and directing printing 492 petition to restore, to calendar 493 notice of motion to restore, to calendar 494 order for mandate 495 mandate 496 affidavit to make mandate, order of court below 497 notice of motion thereon, order on mandate petition for appeal from a Circuit Court of Appeals to the Supreme Court of the U. S order allowing appeal from a Circuit Court of Appeals to the Supreme Court of the U. S 498 499 508 510 APPEARANCE: notice of by bankrupt or creditor 38 by intervening creditor 39 by objecting creditor to discharge 356 of objecting creditor on composition 399 of counsel on appeal 49O APPOINTMENT: oath and report of appraisers 181 APPRAISERS: petition for allowance 182 order granting allowance 184 ASSESSMENT: order directing, for unpaid stock subscriptions 469 ASSETS: order directing delivery to trustee, etc 108 petition that bankrupt turn over assets 168 order directing bankrupt to turn over assets 171 petition for leave to reject as burdensome 246 order authorizing trustee to reject as burdensome 247 trustee's return of no assets 269 ASSIGNED CLAIMS: proof, how made 200 ASSIGNEE: answer of, to rule to turn over property to receiver 436 ASSIGNMENT OF ERROR 484 ATTACHMENT: affidavit to dissolve lien of 424 notice of motion to dissolve lien of 427 724 GENERAL INDEX. ATTORNEY: page petition of receiver to retain 98 aflSdavit of attorney thereon 99 order authorizing retention ; 100 petition of receiver's for allowance 116 order appointing for trustee 151 petition to reconsider fee of 172 order that attorney repay money 173 order fixing allowance of bankrupt's 191 appearance of, on appeal 490 ATTORNEY IN FACT: proof of claim by 207, 208 power of attorney to, general 213 special 216 ATTORNEY GENERAL: report for, of Referee in bankruptcy to clerk 533 AUCTIONEERS: notice of taxation of charges of 329 B BANKS: order designating depository of bankruptcy funds 441 bond of depository 442 BANKRUPT: willingness to be adjudged 43 answer of denying insolvency 46 alleging more than 12 creditors 47 general answer of 49 order for examination of 283 form of examination of 294 petition for discharge of 347 answer of, to rule to show cause for contempt 434 attorney for, allowance of 191, 192 BANKRUPTCY ACT: as amended 1910 557-594 BILL IN EQUITY: to set aside mortgage under Sec. 60, a, b, and sec. 67-e within four months' period where property has been sold free and clear of liens 447 I for conspiracy to defraud creditors 464 to recover unpaid stock subscriptions 471 BILL OF COSTS AND NOTICE OF TAXATION IN RECLAMATION 422 BILL OF SALE: of personal property by trustee 2^" complaint to set aside under Sec. 70, made beyond four months period.. 456 GENERAL INDEX. 725 BOND: FAGB to marshal for release of property 57 to marshal by petitioning creditors 57 petition that petitioners' be increased 58 order denying petition to increase 60 of petitioning creditor 92 of receiver 96 of referee 136 of trustee 239 order approving trustee's 148 in reclamation proceedings for possession of property 417 of depository 442 on appeal 485 notice of filing of on appeal 487 on ne exeat 518 BURDENSOME PROPERTY: petition for leave to reject assets as 246 order authorizing trustee to reject assets as 247 BUSINESS OF BANKRUPT: order allowing trustee extra compensation for conducting 274 c CALENDAR: petition to restore appeal to 493' notice of motion to restore appeal to 494 CERTIFICATE: of falsity of pauper affidavit 162~ of contempt 175 on review by referee 177 of default of witness 179 closing case for laches 180 of referee's indemnity 190 of disqualification by referee 194 of commissioner on deposition 297 of referee on discharge 352 of deposit on composition 391 of referee on composition 395 of question in a bankruptcy proceeding by a Circuit Court of Appeals to the Supreme Court 513 CERTIORARI: (See Writs.) CIRCUIT COURT OF APPEALS: (See Appeals, Writs.) CITATION: on appeal 482 CLAIM: proof of, unsecured 199 proof of, secured 202 due corporation, proof of 204 by partnership, proof of 206 726 GENERAL INDEX. CLAIM — Continued. page by agent or attorney, proof of 207 by agent or attorney, proof of secured 208 by trustee in bankruptcy, proof of 210 for wages, proof of 211 proof of priority 211 objections to 217 be reconsidered, petition that 219 notice thereon 221 order to show cause why claim should not be reconsidered, reduced or expunged 222 order reducing or expunging 223 order allowing 224 petition to pay priority 228 order directing payment of priority 229 petition to review order rejecting 231 petition that all claims to securities, etc., be presented and referred... 232 order to show cause thereon 234 " Omnibus Order " referring claims to securities, etc., to Special Master for determination 236 CLERKS: report of referee to, for attorney-general 533 COMPENSATION: (See Receiver, Trustee, Attorney.) order allowing extra, to trustee for conducting business 274 COMPLAINT: upon promissory note "^43 against defaulting purchaser for deficiency upon resale 445 to set aside under Sec. 70, bill of sale made beyond 4 months period. . . . 456 to declare secret trust 462 COMPOSITION: offer of 386 petition for meeting to consider 388 acceptance of offer of 389 application for confirmation of 390 arrangement of papers thereon "-1 certificate of deposit thereon 391 notice to creditors for publication 393 notice to creditors to show cause 391 referee's certificate thereon 395 order confirming and making distribution 396 notice of appearance of objecting creditor 399 specifications of objection to 400 exceptions to specifications 402 report of special master on specifications 403 order refusing confirmation 404 petition to set aside 405 order setting aside 408 COMPROMISE OF CONTROVERSY: petition of trustee for meeting to consider 164 order authorizing 166 notice to creditors of ^^^ GENERAL INDEX. 727 CONDITIONAL SALE: (See Reclamation.) page CONFESSION OF BANKRUPTCY: (See Admission.) CONSENT: to withdraw answer 62 of bankrupt to appointment of receiver 91 CONSPIRACY: to defraud creditors, bill in equity for 464 •CONTEMPT OF COURT: certificate of 175 order adjudging bankrupt in 430 answer of bankrupt to rule to show cause for 434 order purging of 435 'CONTRACTS : order authorizing receiver to complete 103 CONTROVERSIES: (See Compromise). •COPYRIGHTS: order that trustee transfer 163 CORPORATION: acknowledgment by to letter of Attorney 215 proof of claim by 204 admission of bankruptcy by 43 COSTS: demand for security for, from trustee plaintiff 266 order requiring trustee to give security for 267 CREDITORS: answer of, to involuntary petition 51 petition for meeting of, to consider an offer o£ composition 388 •CRIMINATING QUESTIONS: rules as to 282 •COUNSEL: (See Attorney). appearance of, on appeal 490 D DEBTS: admission of inability to pay 44 DEED: to real property by trustee 251 DEFAULTING PURCHASER: complaint against, for deficiency upon resale 445 DEMAND: for jury trial 52 728 GENERAL INDEX. DEMAND — Continued. page for security for costs from trustee plaintiff 266 in reclamation 4q^ DEMURRER: to petition 44 notice of argument of 4& DENIAL OF BANKRUPTCY: by bankrupt 45 DEPOSIT: certificate of, on composition 391 DEPOSITIONS: notice of taking, (de bene esse) 295 form of 296 certificate of commissioner or notary 297 DEPOSITORIES: orders designating, for bankruptcy funds 441 bond of ; 442 DISCHARGE: bankrupt's petition for 347 order to show cause thereon 349 affidavit of mailing notice of petition for discharge of bankrupt 350 notice on same for publication 351 referee's certificate on 35? arrangement of papers on, as required in Southern District of New York. 353 order of 353: notice of appearance of objecting creditors on 356 specifications of objection to 357 exceptions to specifications 364 petition to amend specifications 365 order of reference to Special Master 367 notice of hearing before Special Master 369 report of Special Master on specifications 370- arrangement of papers on contested discharge in Southern District of New York 373 order opening default on discharge proceedings 373 order denying discharge on report of Special Master 374 petition for extension of time to apply for 376 referee's certificate on application for extension of time 378 order extending time to apply for discharge 379 affidavit for cancellation of a judgment (New York practice) 380 petition to revoke discharge 382 order revoking discharge 383 denying or allowing, petition for appeal to Circuit Court of Appeals from 477 DISMISSAL: (See Petition. Specifications.) DISTRIBUTION: order of on composition 896- GENERAL INDEX. 729 DIVIDEND: page order declaring first 185 sheet 185 notice of and warrant 187 order declaring final 189 DOCUMENTS: (See Subpoena duces tecum.) E EMPLOYEES: (See Wages, Wage Earners). ENCUMBRANCES: free and clear of (see Sales). ENGAGED PRINCIPALLY IN: meaning of 29 EQUITY: bill in, to set aside mortgage under Sec. 60, a, b, and Sec. 67-e, within four months period, where property has been sold free and clear of liens. . 447 bill in, for conspiracy to defraud creditors 464 bill in, to recover unpaid stock subscriptions 471 replication by trustee in equity suit 475 ERRORS: assignment of 484 EXAMINATION OF BANKRUPT: order for 283 order for before Commissioner 280 petition therefor 278 form of 294 EXAMINATION OF THIRD PERSONS: (See Witness.) petition by receiver under Sec. 21-a 278 order therefor 280 petition by trustee and for subpoena 284 order therefor 285 petition that marshal produce prisoner 286 order thereon 287 form of 294 EXCEPTIONS: to trustee's report on exemptions 244 to specifications of objection to discharge 364 to specifications of objection to confirmation of a composition 402 EXECUTIONS: (See Sheriff.) order dissolving lien of 428 EXEMPTIONS: affidavit of bankrupt as to 156 order allowing, when no trustee 157 petition for review of order on 161 trustee's report on 242 730 GENERAL INDEX. EXEMPTIONS — Continued. page exceptions to same 244 order allowing exemption on report 245 notes containing waiver of 159 in homesteads 159 practice on 160 in partnership assets 160 F FALSE OATH: (See Discharge, Acts of Bankruptcy, Examinations.) FARMERS: may not be adjudged involuntary bankrupt 28 FILING FEES: (See Petition, Claim, Referee.) FRAUDULENT TRANSFERS: (See Suits, Trustee, Discharge, Act of Bank- ruptcy.) G GENERAL ASSIGNMENT: as an act of bankruptcy 32 GENERAL ORDERS: of Supreme Court 535 H HABEAS CORPUS: petition for writ of 519 writ of 522 HEARING: (See, Referee, Examination.) HOMESTEADS: exemptions of 159 I INDEMNITY: referee's certificate of 190 INDICTMENT: for concealment of assets 538 notes on 531, 532 INFANT: may file voluntary petition 19 INJUNCTIONS: (See Restraining Orders.) INSOLVENCY: appointment of receiver by reason of 32 GENERAL INDEX. 731 INTERVENTION: page petition for 40 order allowing 42 notice of 39 affidavit of trustee to intervene in State Court action 256 order allowing trustee to intervene 258 INVOLUNTARY PROCEEDINGS: (See Petition). order dismissing by consent 73 INVOLUNTARY PETITION: by three creditors 26 by one creditor against partnership 34 J JUDGMENT: cancellation of, application for 380 in reclamation for delivery, etc 420 JURISDICTION: (See Appeals, Writs of Error, Suits by Trustee.) JURY TRIAL: demand for 52 order for 53 L LEASE: notice of adoption of, by trustee 253 LEGAL PROCEEDINGS: order directing trustee to abandon 259 LETTER OF ATTORNEY: general 213 special 216 acknowledgment by partnership to 215 acknowledgment by corporation to 215 LIEN: of attachment, aflBdavit to dissolve 424 of attachment notice of motion to dissolve 427 LIENOR: answer of 129 LOST BILL OR NOTE: affidavit of 212 LUNATIC: may be adjudged bankrupt 19 732 GENERAL INDEX. M MANDAMUS: ' p^cK petition for writ of 522 MANDATE: form of 496 order for 495 aflQdarit to make, order of court below 497 notice of motion thereon 49g order on 49^ MANUFACTURING CORPORATIONS: ■when subject to bankruptcy 29 MARRIED WOMEN: when may be adjudged bankrupt 28 MARSHAL: return of, on subpoena 3^ warrant to and return 55 bond to, for release of property 57 bond of petitioning creditors to 57 petition to produce prisoner for examination 28€ order thereon 287 MEETING OF CREDITORS: order for after thirty dayB 138 notice of first 139 list of debts proved at first 142 MERCANTILE PLTRSUITS: defined 29 MONEY: (See Depositories.) MORTGAGE: bill in equity to set aside under Sec. 60, a, b, and Sec. 67-e, within four months period where property has been sold free and clear of liens. 447 MOTION: to vacate adjudication, notice of 77 to confirm report of Special Master 120 notice of, to dissolve lien of attachment 427 notice of, to restore appeal to calendar 494 notice of, on affidavit to make mandate order of court below 497 notice of, for stay pending review 507 N NE EXEAT: order of 51C bond on 518 NETW^SPAPERS: designation of. (See mlee.) GENERAL INDEX. 733 NOTE: ^A0« complaint upon promissory 443 NOTARY PUBLIC: certificate of, on deposition 297 NOTICE: of appearance by bankrupt or creditor 38 by intervening creditor 39 of argument of demurrer 45 of trial 54 of hearing before special master 69, 114 of motion to vacate adjudication 77 of motion to confirm report 120 of adjudication 137 of defective proof of debt 152 of special meeting 165 of dividend and warrant 187 • of final meeting 188 to claimant th?t claim is to be reconsidered 221 of adoption of lease by trustee 253 of taking deposition (de bene esse) 295 of sale by receiver 306 of sale upon sealed bids 307 of sale by trustee 309 of motion to sell free of liens 319 of taxation of auctioner's charges 329 of petition for bankrupt's discharge, for publication 35 of appearance of objecting creditor to discharge 356 of hearing before special master on specifications of objection to dis- charge 369 of confirmation of a composition 393 of appearance on contested composition 399 of motion on petition to reclaim 415 of taxation in reclamation 422 of motion to dissolve lien of attachment 427 of appeal 476. 489 of filing of bond on appeal 488 of motion to restore appeal to calendar 494 of motion to make mandate order of court below 497 of motion for stay pending review 507 of filing petition to review 506 o OATH: to schedules 8, 17 to petition in bankruptcy 2 to list of creditors by petitioners 72 of office, by referee 136 to final account of trustee 270 of appraisers 181 734 GENERAL INDEX. OBJECTIONS: p^cp to receiver's account. 115 to proof of debt 217 to trustee's account. 272 to discharge, specifications of 35^ to composition, specifications of 40^^ OFFENSES: (See Discharge.) OFFER: of composition 386 petition for meeting to consider 388 acceptance of 38& ORDER : allowing intervention 42 for jury trial 53 denying increase of bond 60 of adjudication and reference 62 denying adjudication *5 dismissing petition, etc 66 referring issues to special master 68 upon report of master dismissing petition 70 directing bankrupt to file schedules 71 dismissing proceeding upon consent 73 of publication 79 remanding proceeding 83 extending time to answer 61 appointing temporary receiver 88 appointing receiver after adjudication 95 authorizing retention of counsel 100 authorizing receiver to continue business 102 that receiver complete contracts 103 authorizing receiver to begin action 105 permitting receiver to join in petition 106 permitting suit against receiver 107 directing delivery of assets to trustee 108 confirming report of special master 121 vacating receivership 123 authorizing issuance of receiver's certificates 124 appointing ancillary receiver 133 for first meeting after thirty days 138 approving trustee's bond 148 that no trustee be appointed 149 appointing attorney for trustee 151 to show cause to amend schedules 154 amending schedules 155 allowing exemptions, when no trustee 157 that trustee transfer copyright 163 authorizing compromise 166 that bankrupt turn over concealed assets 171 that attorney repay moneys 173 granting allowance to appraisers 184 declaring first dividend 185 passing trustee's account and declaring dividend 189 GENERAL INDEX. 735 ORDER — Continued. pace granting allowance to bankrupt's attorney 191 substituting referee « 195 of protection from arrest 197 to show cause why claim should not be reconsidered, reduced or ex- punged 222 reducing or expunging claim 223 allowing claim 224 directing payment of priority claims 229 to show cause on petition that all claims to securities be presented and referred 234 " Omnibus " referring claims to securities, etc., to special master for de- termination 236 allowing exemptions on report 245 authorizing trustee to reject assets as burdensome 247 for trustee to continue business of bankrupt 249 for examination under sec. 21-a 280 for examination of bankrupt 283 for examination before referee 285 that marshal produce prisoner for examination 287 for appraisal and sale before adjudication 301 for appraisal and sale upon sealed bids 304 for private sale by trustee 311 for sale at auction of real estate 313 for sale of perishable property without notice 314 for sale subject to lien 315 directing sale free and clear of liens 321 confirming sale 325 for resale upon default 330 to show cause to vacate sale 332 allowing trustee to intervene 256 directing trustee to abandon legal proceedings 259 ratifying acts of trustee 260 to show cause on petition for removal of trustee 262 for removal of trustee 263 for choice of new trustee 265 requiring trustee to give security for costs 267 allowing trustee extra compensation for conducting business 274 discharging trustee • 277 to show cause for a stay 335 injunction 336 staying suit in state court 341 to show cause on bankrupt's petition for discharge 349 of discharge 353 of reference to special master on specifications of objection to discharge. 367 opening default on discharge proceeding 373 denying discharge upon report of special master 374 extending time to apply for discharge 379 revoking discharge 383 to show cause to confirm a composition 394 confirming a composition and making distribution 396 refusing to confirm a composition 404 setting aside a composition 408 of reference to special master in reclamation proceedings 419 73G GENERAL INDEX. ORDER — Continued. page dissolving lien of attachment 427 adjudging bankrupt in contempt 430 purging of contempt 435 designating depository of bankruptcy funds 441 directing assessment for unpaid stock subscriptions 469 amending record on appeal 491 amending printed record on appeal and directing printing 49? for mandate 495 of court below, affidavit to make mandate 497 on mandate 499 allowing appeal from a Circuit Court of Appeals to the Supreme Court of the United States 510 of ne exeat 516 general orders of Supreme Court 535 P PARTNERS. (See Partnership.) what non-assenting may plead 25 PARTNERSHIP: (See Claims.) petition 22 all partners not joining 24 involuntary against 34 acknowledgment by, to letter of attorney 215 PAUPER CASES: certificate of falsity of affidavit in 162 when bankrupt may file in forma pauperis 19 PENSION MONEY: exemption of 160 PERISHABLE PROPERTY: petition by receiver for sale of 308 petition and order by referee for sale of 314 what is 314 PERSONAL PROPERTY: (See Sales.) trustee's bill of sale of 250 PETITION: debtor's voluntary 2 partnership 22 all partners not joining 24 involuntary by three creditors 26 involuntary by one creditor aaginst partnership 34 to intervene 40 demurrer to 44 that bond of petitioners be increased 58 to vacate adjudication 75 for service by publication 78 to amend petition 80 order dismissing, etc., 66 GENERAL INDEX. 737 PETITION— Continued. page for appointment of receiver 86 same, after adjudication, etc 94 to retain counsel, by receiver 98 by receiver to continue business 101 of receiver's attorney for allowance IIG for appointment of ancillary receiver 131 to amend schedules 153 to review order on exemptions IGl for meeting to consider compromise 164 for meeting to Indemnify trustee 167 that bankrupt turn over assets 108 to reconsider attorney's fee 172 to review referee's order 176 of appraisers for allowance 182 for redemption of property from lien 193 for protection from arrest 196 that proof of debt be reconsidered 219 for leave to reject assets as burdensome 246 by trustee for leave to continue business of bankrupt 248 for leave by trustee to sue 254 for removal of trustee 2C1 by receiver for examination (sec. 21-a) 278 by trustee for order of examination 284 that marshal produce prisoner for examination 286 for appraisal and sale before adjudication 300 for appraisal and sale after adjudication, etc 302 by receiver for sale of perishable property 308 for private sale by trustee 310 for sale at auction of real estate 312 for sale of perishable property without notice 31 1 for sale subject to Hen 315 for sale free and clear of liens 316 to confirm sale 324 for an injunction other than against suits 334 to modify restraining order 344 of bankrupt for discharge 347 to amend specifications 365 for extension of time to apply for discharge 376 to revoke discharge 382 for meeting to consider composition 388 to confirm composition 390 to set aside a composition 405 to reclaim 410 to reopen estate 438 for appeal to Circuit Court of Appeals from order denying a discharge or allowing a discharge 477 to restore appeal to calendar 494 to review under sec. 24-b 500 to review, notice of filing 506 for appeal from a circuit court of appeal to the Supreme Court of the U. S 508 for writ of error from the Supreme Court of the U. S. to a circuit court of appeals 510 738 GENERAL INDEX. PETITION — Continued. page for writ of liabeas corpus 519 for writ of mandamus 522 for writ of certiorari to remove a cause for review 524 PETITIONING CREDITOR: bond of 92 who may be 30 right to withdraw 31 when may be estopped 31 one creditor as 34 petition to increase bond of 58 order denying petition to increase bond of 60 PLEADINGS: (See Petition, Suit, Trustee, etc.) POWER OF ATTORNEY: (See Letter of Attorney.) PRECEDING SIX MONTHS: meaning of 20 PREFERENCE: (See Suit, Trustee, Act of Bankruptcy, etc.) surrender of 227 PREFERENTIAL TRANSFER: (See Suit, Trustee, Acts of Bankruptcy, Discharge.) PREFERRED CREDITORS: meaning of 227 PRINCIPAL PLACE OF BUSINESS: meaning of 20 PRINTED RECORD ON APPEAL: order amending and directing printing 492 PRIORITY: claim for wages 211 petition to pay 228 order directing payment of 149 what claims entitled to 229, 230, 231 PRIVILEGED COMMUNICATIONS: meaning of 282 PROCESS: (See Subpoena, Summons.) PROMISSORY NOTE: complaint upon 443 PROOF OF CLAIM: notice of defective ^^2 unsecured 1^^ secured 202 due corporation 204 by partnership 206 by agent or attorney 207 of secured debt by agent or attorney 208 by trustee in bankruptcy 210 priority claim for wages 211 GENERAL INDEX. 739 PROOF OF CLAIM — Continued. page objections to 217 petition to reconsider 219 notice to claimant thereon 221 order to show cause why claim should not be reconsidered, reduced or expunged 222 order reducing or expunging 223 ^ order allowing 224 petition to review order rejecting 231 petition that all claims to securities, etc., be presented and referred. .. . 232 order to show cause thereon 234 " Omnibus " order referring claims to securities, etc., to special master for determination 236 PROPERTY: bond in reclamation proceeding for possession of 417 PROTECTION FROM ARREST: petition for 196 order of 197 PROVABLE DEBTS. (See Proof of Claims.) what are 224, 225, 22C PROXY: (See Letter of Attorney.) PUBLICATION: petition for service by 78 order of 79 affidavit of 140 notice for on bankrupt's petition for discharge 351 PURCHASER: complaint against defaulting, for deficiency upon resale 445 R REAL PROPERTY: (See Sale.) trustee's deed to 251 REASONABLE CAUSE TO BELIEVE: meaning of 453, 454 RECEIVER: petition for appointment of 86 order appointing 88 consent of bankrupt to appointment 91 bond of petitioning creditor 92 petition for appointment after adjudication 94 request of creditors therefor '. 94 order appointing after adjudication 95 bond of 96 petition for retention of counsel by 98 order authorizing retention of counsel by 100 order authorizing, to continue business 102 petition by, to continue business 101 order to complete contracts 103 affidavit for leave to begin action 104 order authorizing to begin action 105 740 GENERAL INDEX. RECEIVER — Continued. page order permitting to join in petition 106 order permitting suit against 107 order directing delivery of assets to trustee 108 report of 109 account of, and oath Ill notice of hearing upon account of 114 objections to 'account of 115 petition of attorney of, for allowance 116 order vacating appointment of 123 petition for appointment of ancillary 131 order appointing ancillary 133 petition by, for examination under sec. 21-a 278 RECEIVER'S CERTIFICATES: order authorizing issuance 124 form of 126 answer of lienor to application 129 RECLAMATION: demand in 409 petition to reclaim 410 notice of motion thereon 415 answer in 416 bond in, for possession of property 417 order of reference to special master 419 report of special master 419 judgment in, for delivery, etc 421 bill of costs and notice of taxation 422 when right of, exists 412, 413 when denied 413 RECOGNIZANCE: (See, Bond, Ne Exeat.) RECORD: on composition 391 on appeal, stipulation as to 488 on appeal order amending 491 on appeal, order amending printed and directing printing 492 REDEMPTION OF PROPERTY: petition and order for, from lien 193 REFEREE: (See Trustee, Review, Examination, etc.) oath of office 136 bond of 136 appointment of trustee by 146 certificate of indemnity 190 certificate of disqualification 194 order substituting 195 certificate of, on discharge 352 certificate of, on application for extension of time to apply for discharge. 378 certificate of, on composition 395 indemnity account of 395 report of to clerk, for attorney-general 533 GENERAL INDEX. 741 REFERENCE: page order of 62 order of, in reclamation proceedings 416 REMANDING PROCEEDING: order 83 REMOVAL : of trustee, petition for 261 order to show cause thereon 262 order for removal of trustee 263 RE-OPENING ESTATES: petition for 438 REPLICATION: by trustee in equity suit 475 REPORT: trustee's first 241 of exempt property by trustee 242 exceptions to same 244 order allowing exemptions on 245 and final account 270 final 276 of special master on specifications of objection to discharge 370 of special master on specifications of objection to composition 403 order rejecting composition upon 404 of referee in bankruptcy to clerk for attorney-general 533 of receiver 109 of special master on receiver's account 118 notice of motion to confirm 120 order confirming 121 notice to trustee to file 150 of appraisers 181 RESIGNATION OF TRUSTEE 264 RESTRAINING ORDER: petition for other than against suits 334 order to show cause for 3oo form of ^^^ affidavit to stay sale, etc., of mortgaged chattels 338 to stay suit (supplementary proceedings) 340 form of to stay suit 341 petition to modify 344 RE-SALE: order for upon default of purchaser 330 RETURN: (See Marshal.) REVIEW: petition to ^"^^ petition to, under Sec. 24-b ^^^ 742 GENERAL INDEX. REVOCATION: pace of discharge, petition for 3g2 of discharge, order on 3g j RULE TO SHOW CAUSE: for contempt, answer of bankrupt to 434. RULES IN BANKRUPTCY: of California, Northern District 714 of Colorado 707 of Connecticut 648 of Illinois, Northern District, Eastern Division 676 of Iowa, Northern District 682 of Louisiana, Eastern District 694 of Maryland 666 of Massachusetts 64& of Missouri, Eastern District 685 of New Jersey 651 of New York, Eastern District 618 of New York, Northern District 625 of New York, Southern District 607 of New York, Western District 635 of Ohio, Southern District 671 of Oregon 717 of Pennsylvania, Eastern District 664 of Texas, Northern District 702 of Washington 710 s SALE: petition for by receiver before adjudication 300 order for before adjudication 301 petition for by receiver after adjudication upon sealed bids 302 order thereon 304 notice of by receiver 306 notice of upon sealed bids 307 petition for by receiver of perishable property 308 notice of by trustee 309 petition for private by trustee 310 order for private 311 petition for at auction of real estate 312 order for at auction of real estate 313 petition and order for, of perishable property by trustee without notice. . 314 petition and order for, subject to lien 315 petition for, free and clear of liens 316 notice of motion thereon 319 order directing, free and clear of liens 321 petition to confirm 324 order confirming 325 memorandum of " Terms "of 327 order to show cause to vacate 332 SALESMEN, TRAVELLING: entitled to priority 229, 230 SCHEDULES: debtor's GENERAL INDEX. 743 PAGE 3 order directing bankrupt to file 71 petition to amend 253 order to show cause thereon 154 order amending j55 oath to by creditors 72 admissibility of in evidence 21 official must be used, verification of 20 21 SECURED CREDITORS: proof by 202 what are construed 203 SECURITY FOR COSTS: demand for from trustee plaintiff 266 order requiring trustee to furnish 267 SERVICE: (See Marshal, Subpoena, Summons.) by publication, petition for 7g by publication, order for 79 SHERIFFS: rights of, on attachment or execution 426, 427 SPECIAL COMMISSIONER: petition for examination before 278 order thereon 280 subpoena to appear before 288 SPECIAL MASTER: order referring issues to CS notice of hearing before 69, 114 report of 118, 403 order of reference to, on specifications of objection to discharge 367 notice of hearing on same 369 report on same 370 order of reference to, in reclamation proceedings 418 report of, on reclamation proceeding 419 SPECIFICATIONS: (See Discharge, Composition.) STATE COURT: affidavit of trustee to intervene in action in 256 order allowing trustee to intervene in action in 258 STAYS: (See Restraining Orders.) STIPULATION: as to record on appeal 488 SUBPOENA : to alleged bankrupt 36 marshal's return thereon 36 petition for issuance 284 744 GENERAL INDEX. SUBPOENA— Continued. i>AGE duces tecum 291 to appear before special commissioner 288 ticket 289 SUBSCRIPTIONS TO STOCK: order directing assessment for 469 suit by trustee for 471 SUIT: aflBdavit by receiver for leave to begin 104 order authorizing receiver to begin 105 order permitting against receiver 107 petition for leave by trustee to bring 254 order granting leave to bring 255 affidavit to intervene in 256 petition to stay 340 order staying 341 SUMMONS: to appear before referee 290 return of, to witness 293 SUMMARY JURISDICTION: (See Suit, Trustee.) SUMMARY STATEMENT: in schedules 18 SUPERSEDEAS: (See Bond.) SUPREME COURT OF THE UNITED STATES: petition for appeal to, from a circuit court of appeals 508 order allowing appeal from a circuit court of appeals to 510 petition for writ of error from, to a circuit court of appeals 510 notice of application to, for writ of certiorari 52G motion for writ of certiorari from, to a circuit court of appeals 527 writ of certiorari from, to a circuit court of appeals 528 TAXATION OF COSTS: notice of, etc., in reclamation 423 TAXES: priority of 230 TEMPORARY INJUNCTION: (See Restraining Orders.) TEMPORARY RECEIVER: (See Receiver.) TESTIMONY: (See Examination, Witness.) TIME: to answer, order extending 61 petition for extension of, to apply for discharge 376 TRANSCRIPT OF RECORD: (See Appeals, Petition to Review, etc.) GENERAL INDEX. 745 TORT: PAGE claim for, not provable 225 nor dischargeable 362 TRIAL: demand for jury 52 order for jury 53 notice of 54 TRUST: complaint to declare secret 4G2 TRUSTEE: appointment of by creditors 143 appointment of by referee 146 notice to, of appointment 147 order approving bond 148 order that none be appointed 149 notice to file report 150 same, (Southern District of New York) 150 order to transfer copyright 1G3 order passing account of 189 bond of 239 first report of 241 report of exempt property 242 report on exemptions, exceptions to 244 order allowing exemptions on report of 245 petition for leave to reject assets as burdensome 246 order authorizing, to reject assets as burdensome 247 petition by, for leave to continue business of bankrupt 248 order upon same 249 bill of sale of personal property by 250 deed to real property by 251 affidavit upon assessment for personal taxes against estate 252 notice of adoption of lease by ^53 petition by, for leave to sue 254 order granting leave to sue 255 affidavit by, to intervene in State Court action 256 order allowing trustee to intervene 258 order directing, to abandon legal proceedings 259 order ratifying acts of 260 petition for removal of 261 order to show cause on same 262 order for removal of 263 resignation of 264 order for choice of new 265 demand for security for costs from trustee plaintiff 266 order requiring, to give security for costs 267 return of no assets 269 report and final account of 270 oath to final account of 272 objections to account of 273 order allowing extra compensation to, for conducting business 274 final report of 276 746 GENERAL INDEX. TRUSTEE— Continued. page order discharging 277 petition by, for order of examination 284 sales by, (see Sales). replication by, in equity suit 475 u UNINCORPORATED COMPANIES: may be adjudged bankrupt 28 UNITED STATES: priority of claim of 230 UNITED STATES COMMISSIONER: (See Special Commissioner, Depositions, etc.) UNSECURED CREDITOR: proof by 199 V VERIFICATION: of schedules 21 of petition 33 of specifications 360 VOLUNTARY BANKRUPT: (See Bankrupt, Petition.) VOLUNTARY PETITION: debtor's 2 VOTERS: at creditors' meeting 144 w WAGE EARNER: defined 229 may not be adjudged an involuntary bankrupt 28 priority of claim of 229, 230 WAGES: definition 229, 230 WAIVER: (See Exemptions.) WARRANT: to marshal and return thereon 55 WIFE: examination of (see Examination). claim of 218 WITNESS: (See Examination, Contempt, Depositions.) certificate of default of ^'^^ return of summons to 293 examination of 294 right to counsel 281 service on (See Subpoena.) GENERAL INDEX. 747 "WRITS: PAGE petition for writ of error from Supreme Court to a Circuit Court of Appeals 510 of error from Supreme Court of the U. S. to a Circuit Court of Appeals. 512 of habeas corpus 522 of mandamus, petition for 522 of certiorari to remove a cause for review 524 of certiorari, notice of application to the Supreme Court for 526 of certiorari from the Supreme Court to a Circuit Court of Appeals motion for 527 of certiorari from the Supreme Court to a Circuit Court of Appeals 528 of ne exeat 516 TOTAL NUMBER OF PAGES IN THIS VOLUME 798. SCTiro^ OF LAW LIBRARY UNIVERSITY OF CALIFORNIA T n« ANCELES D 000 315 343