Role v Li THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW GIFT OF MacFarlane, Schaefer k Haun Library Roland H. Miriford Los Angsles FORMS RULES AND General Orders in Bankruptcy COLLATED, REVISED AND ANNOTATED BY MARSHALL S. HAGAR, Of the New York Bar AND THOMAS ALEXANDER, Clerk of the United States District Court for the Southern District of New York and United States Commissioner SECOND EDITION BY MARSHALL S. HAGAR ALBANY, N. Y. MATTHEW BENDER & COMPANY, INCORPORATED 1916 T 19/6 Copyright, 1910 By MATTHEW BENDER & COMPANY Copyright, 19 16 Bv MATTHEW BENDER & COMPANY INCORPORATED PREFACE TO SECOND EDITION. Much progress has been made in bankruptcy administration since 1910 ; the law has become better understood and appreciated by the community at large and its machinery brought to work more smoothly; the Supreme Court has, in a number of notable decisions, cleared up many mooted questions and pointed the way to a broad interpretation of the statute as opposed to such narrow construction of a remedial statute as would deny redress for failure to observe and distinguish with minute discernment and precision whether the remedy by review would lie in a particular instance under sections 24-a, 24-b or 25 of the Act. So also the Circuit Courts of Appeal have shown a leaning toward the same broad policy in widening as far as possible the time limit for proof of debt and in allowing amendments of informal proofs after expiration of time limit. On the other hand the practice which has lately grown up in large commercial centers of allowing an assignee in the State Court, presumably of the debtor's own selection, to administer an estate after the filing of the petition in bankruptcy against the debtor has, in the opinion of the writer, proven in actual prac- tice, in a niajorit}^ of cases, detrimental to the interests of cred- itors, and it is sincerely to be hoped that the Courts in this respect will return to the original conception of the purpose and intent of the Bankruptcy Act. The sudden death from accident of Mr. Thomas Alexander, the co-author of this work, removed from the Federal Court of New York City a man of comprehensive knowledge of Federal law and of practice and procedure under the Bankruptcy Act and his loss is much regretted. The present edition has followed in the main the lines and arrangement of the former edition with such corrections and changes as have been deemed expedient or made necessary to accord with present practice. The first edition was published [iiil 671593 iv PREFACE TO SECOND EDITION. just at the time tlie amendments of 1910 became effective and before the practice thereunder had become settled. Many addi- tional forms have been added and the notes greatly extended to comprise the large number of decisions reported in the last six years. Editorial notes have been added, also the rules in bank- ruptcy of many other districts. A convenient time table of Proce- dure showing the time allowed for the performance of various acts required in bankruptcy practice with the appropriate reference to the Statute, Rules or General Orders has been added as a new feature, and it is believed will prove useful. The author desires to express his grateful acknowledgment to Mr. Alexander Gilchrist, Jr., and Mr. William Tallman, Clerk and Deputy Clerk of the District Court of the United States for the Southern District of New York for their valuable advice in the compilation of the present volume and to those members of the profession who have so kindly contributed new^ forms or made suggestions for the improvement of the book. New York, September, 1916. Marshall S. Hagar. PREFACE TO FIRST EDITION. The object of this work is primarily to furnish bankruptcy practitioners, referees, receivers and trustees with a working col- lection of forms and precedents useful in ordinary practice under the Act. Owing to the great diversity of construction, usage and practice in bankruptcy in various parts of the United States, it is not possible, nor would we attempt to furnish a set of forms or precedents which would be acceptable in all jurisdictions, nor to meet the exigencies of every case. The official forms prescribed by the Supreme Court of the United States have been found inade- quate to the needs and methods of modern practice, and several have been held by the courts insufficient and demurrable. How- ever, we have retained and included all of the official forms which are still used and found suitable for their purpose in a district where there is a large and complicated bankruptcy business, as e. g. in the Southern District of New York. These forms are designated by the word '' Official " under their respective num- bers to distinguish them from the other forms which are merely offered as suggestions or precedents derived from long experience in variou'^ phases of bankruptcy practice. We have endeavored to obtain, so far as possible, forms which have been passed upon by the courts and stood the test of judicial approval. Many forms have been obtained from other members of the Bar, to whom we acknowledge our great indebtedness. As regards arrangement, it has seemed wise to collect the forms under a system of titles in somewhat logical sequence ; a feature which has not, so far as we know, heretofore been attempted in any bankruptcy treatise. The amendments of 1910 have made some radical changes in the law necessitating certain changes also in the forms, and these changes are indicated or suggested to the pleader. A. secondary object we have hoped to obtain is to furnish a concise compendium of decisions and authorities to date in the form of notes appended to the forms, wherever applicable. The [V] VI PREFACE TO FIRST EDITION. Bankruptcy Act in complete form as this year amended is also included, with that portion covered by the amendment indicated by italics. Another section is devoted to the General Orders of the Supreme Court in Bankruptcy, with annotations thereon. Finally we have collated and included the local, " Rules in Bankruptcy " of many of the important centers throughout the country, and this feature should prove a great convenience to practitioners. New York, September, 1910. Marshall S. Hagar, Thomas Alexander. TABLE OF CONTENTS. PART I. PETITION AND ADJUDICATION. PAGE Form Xo. 1. Petition in Bankruptcy by Individual 4 2. Debtor's Schedules, Oath and Summary Statement 5-18 3. Voluntary Petition by Corporation with Resolution by Board of Directors 23 4. Voluntary Petition of Partnership 25 5. Voluntary Petition of Partnership, all Partners not joining 27 6. Affidavit of Pauper in Voluntary Proceedings 29 7. Involuntary Petition by three Creditors against Individual 30 8. Involuntary Petition against a Corporation 43 9. Involuntary Petition by one Creditor against a Partnership 45 10. Subpoena to Alleged Bankrupt 47 11. ^larshal's Return thereon 47 12. General Appearance of Bankrupt or Creditor 49 13. Petition of Creditor to intervene 50 14. Order allowing Intervention 51 15. Admission of Bankruptcy by a Corporation 53 16. Motion to dismiss for Defects appearing on Face of Petition 55 17. Order denying Motion to dismiss and Notice of Settlement 56 18. Denial of Bankruptcy 57 19. General Answer of Alleged Bankrupt 58 20. Answer alleging more than twelve creditors 60 21. Answer of Creditor 62 22. Demand for Jury Trial 63 23. Order for Jury Trial 65 24. Notice of Trial in Involuntary Proceeding 66 25. Order extending Time to Answer 67 26. Consent to withdraw Answer and for Adjudication 68 27. Order for Adjudication and Reference 69 28. Order of Reference in Judge's Absence 72 29. Order of Adjudication by Referee 73 30. Order denying Adjudication 74 31. Order dismissing Petition, vacating Receivership and Notice of Settlement 75 32. Order referring Issues to Special Master 77 33. Notice of Hearing before Special Master 78 34. Exceptions to IMaster's Report on Issues of Bankruptcy 79 35. Order overruling Report of Special ^Master dismissing Petition, etc. 80 36. Order confirming Report of Special Master, dismissing Petition and referring Receiver's Application to Special Master 81 37. Respondent's Bill of Costs and Notice of Taxation 83 38. Affidavit and Order to show Cause to punish Bankrupt for Failure to file Schedules 84 39. Order that Bankrupt file Schedules 86 40. Affidavit to List of Creditors, prepared bv Petitioning Creditors. . . 87 [vii] viii TABLE Of COiN TENTS. PAGE Form No. 41. Order dismissing Involuntary Proceedings by consent 88 42. Petition to vacate Adjudication and dismiss Voluntary Petition for want of Jurisdiction 89 43. Petition to vacate Adjudication in Involuntary Proceedings 90 44. Petition for Service by Publication 92 45. Order of Publication 94 46. Petition to amend Petition 95 47. Petition to transfer Proceedings to another District 98 48. Order transferring Proceedings to another District 99 PART II. RECEIVER IN BANKRUPTCY AND CUSTODY OF PROPERTY BY MARSHAL. Form Xo. 49. Special \\ arrant to Marshal and Return thereon 102 TjO. Bond to Marshal upon Release of Property to Bankrupt 104 51. Bond of Petitioning Creditor upon Seizure by Marshal 104 52. Petition for Appointment of Receiver before Adjudication 105 53. Order appointing Receiver before Adjudication and Injunction.... 107 54. Consent of Bankrupt to Appointment of Receiver 110 55. Bond of Petitioning Creditor upon Appointment of Receiver Ill 56. Petition that Bond of Petitioning Creditor be increased 113 57. Order denying Petition to inci-ease Bond 115 58. Petition for Appointment of Receiver after Adjudication by Referee and Consent of Creditors thereto 116 59. Order appointing Receiver after Adjudication 117 60. Bond of Receiver 118 61. Petition for Order reducing Amount of Receiver's Bond and Order thereon 120 02. Petition by Receiver to employ Counsel 12r 03. Affidavit of Attorney thereon 122 04. Order authorizing Receiver to employ Counsel 123 65. Petition by Receiver to continue Business of Bankrupt 124 66. Order authorizing Receiver to continue Business of Bankrupt 125 67. Petition by Receiver to discliarge Liens 126 08. Order discharging Liens 127 69. Order that Receiver complete Contracts 128 70. Affidavit by Receiver for Leave to begin Suit 129 71. Order authorizing Receiver to sue 130 72. Order authorizing Receiver to join in Bankruptcy Proceeding 131 73. Order allowing Suit against Receiver 132 74. Order directing Delivery of Assets by Receiver to Trustee 133 75. Report of Receiver 134 76. Receiver's Final Account and Oath 137 77. Notice of Hearing upon Receiver's Accounts before Special Master 140 78. Kxceptions to Receiver's Accounts 141 79. Petition for Allowance by Attorney for Receiver 142 80. Report of Special Master on Receiver's Account 143 81. Notice of ^lotion to confirm Report of Special Master on Receiver's .\cc()unt?< 145 82. Order confirming Report of Special Master on Receiver's Accounts. 146 83. Order confirming Report and directing Payment by Petitioning Creditors upon Dismissal of Involuntary J'etition 148 TABLE OF CONTENTS. IX FoBM No. 84. 85. 86. 87. 88. 89. 90. PAGE Order vacating Appointment of Receiver 149 Petition to issue Receiver's Certificates 151 Order authorizing Issuance of Receiver's Certificates 152 Answer of Lienor to Receiver's Petition to issue Certificates 155 Receiver's Certificate 156 Petition for Appointment of Ancillary Receiver in Court of Ancil- lary Jurisdiction 159 Order appointing Ancillary Receiver 162 PART III. PROCEEDINGS BEFORE REFEREE AFTER ADJUDICATION. Form No. 91. Referee's Oath of Office 165 92. Bond of Referee 165 93. Notice of Adjudication 166 94. Order for first Meeting of Creditors after thirty Days 167 95. Notice of first Meeting of Creditors 168 96. Short Form of Notice used in Southern District of New York by local Rule 168 97. Affidavit of Publication of Notice of first Meeting 169 98. Affidavit of mailing same 170 99. List of Debts proved at first Meeting 171 100. Appointment of Trustee by Creditors 172 101. Appointment of Trustee by Referee 175 102. Notice to Trustee of his Appointment 176 103. Order approving Trustee's Bond 177 104. Order that no Trustee be appointed 177 105. Notice to Trustee to file Report 178 106. Order appointing Attorney for Trustee 179 107. Notice of defective Proof of Claim 180 108. Petition to amend Schedules 181 109. Order allowing Amendment of Schedules 182 110. Affidavit of Bankrupt as to Exemptions 183 111. Order allowing Exemptions when no Trustee is Appointed 184 112. Petition by Bankrupt for Review of Referee's Order on Exemptions 185 113. Certificate of Falsity of Pauper Affidavit 192 114. Order that Trustee transfer Copyright 193 115. Petition for Meeting of Creditors to consider proposed Compromise of Controversy 194 116. Notice to Creditors of Special Meeting 195 117. Order allowing Compromise 196 118. Petition for Meeting Creditors to indemnify Trustee 197 119. Petition to compel Bankrupt to turn over concealed Assets 198 120. Summary Order that Bankrupt turn over concealed Assets 203 121. Petition to re-examine Fee of Bankrupt's Attorney 204 122. Order for Repayment by Attorney 205 123. Exceptions to Referee's Order 207 124. Petition to review Referee's Order 208 125. Referee's Certificate on Review 211 126. Order dismissing Petition to review Referee's Order 212 127. Referee's Certificate of Contempt for Failure to obey summary Order 213 X TABLE OF CONTENTS. PAGE FOBM No. 128. Eeferee's Certificate for Failure of Witness to appear 214 129. Eeferee's Certificate closing Proceeding for Lack of Prosecution.. 215 130. Referee's Certificate of Disqualification 216 131. Order substituting new Eeferee 217 132. Petition for Appointment of Appraisers 218 133. Appointment, Oatli and Eeport of Appraisers 219 134. Petition of Appraisers for Allowance for Services 220 135. Order declaring first Dividend and Dividend Sheet 222 136. Notice of Dividend and Warrant 224 137. Order that Trustee pay to Creditor Dividend heretofore declared. . 225 138. Notice of final Meeting 226 139. Order passing Trustee's Account and declaring Dividend 227 140. Order fixing Allowance of Bankrupt's Attorney 228 141. Eeferee's Certificate of Indemnity 230 142. Petition and Order for Eedeniption of Property from Lien 231 143. Petition for Order of Protection 232 144. Order of Protection 233 PART IV. PROOFS OF DEBT AND PROCEEDINGS FOR ALLOWANCE OF CLAIMS. Form No. H."). Proof of unsecured Debt 235 146. Proof of secured Debt 241 147. Proof of Debt due Corporation 244 148. Proof of Debt by Partnership 245 149. Proof of Debt by Agent or Attorney " 247 150. Proof of secured Debt by Agent or Attorney 248 151. Proof of Debt by Municipality for Taxes and Notice 249 152. Proof of Priority Claim for Wages 251 153. Proof of Debt by Trustee in Bankruptcy 252 154. Affidavit of lost Bill or Note 253 155. General Letter of Attorney in Fact 254 156. Acknowledgment to Letter of Attorney by Member of Partnership. 255 157. Acknowletlgment to Letter of Attorney by Corporation 256 158. Special Letter of Attorney 256 159. Objections to Proof of Debt 258 160. Petition that Proof of Debt be re-examined 260 161. Order for Ee-examination of Claim 262 162. Notice to Claimant thereon 263 163. Notice by Order to show Cause. (Substitute for Form No. 162) . . . 264 164. Order expunging or reducing Proof of Debt 265 165. Order allowing Proof of Debt 266 166. Order for Li(iuidation of Claim 272 167. Petition for Payment of priority Claims and Schedule thereof. . . . 273 168. Order for Payment of priority Claims 279 169. Petition to review Order expunging Proof of Debt 280 170. Petition that all Claims to Securities, etc. be filed and referred.. 281 171. Order to show Cause thereon 283 172. "Omnibus" Order directing that Claims to Securities, etc. be filed and referred "?5 TABLE OF CONTENTS. xi PART V. TRUSTEE IN BANKRUPTCY. PAGE Form No, 173. Bond of Trustee 289 174. Trustee's first Report 201 175. Trustee's Report of exempted Property 292 176. Exceptions to Trustee's Report on Exemptions 293 177. Order allowing Exemptions after Trustee's Report 294 178. Petition of Trustee to continue Business of Bankrupt 295 179. Order authorizing Trustee to continue Business 296 180. Petition to reject Assets as burdensome 297 181. Order allowing Trustoe to reject Assets 298 182. Trustee's Bill of Sale 299 183. Trustee's Deed of Real Property 300 184. Trustee's Affidavit to correct Tax Assessment 301 185. Order requiring Trustee to adopt or reject Lease 302 186. Notice of Adoption of Lease by Trustee 303 187. Petition by Trustee for Leave to sue 304 188. Order authorizing Trustee to sue 305 189. Order of Federal Court permitting Trustee to apply to intervene in State Court Action 306 190. Affidavit ot Trustee to intervene 307 191. Order in State Court allowing Intervention 308 192. Order authorizing Trustee to abandon legal Proceedings 309 193. Order ratifying Acts of Trustee 310 . 194. Petition for Removal of Trustee and Order to show Cause thereon 311 195. Order for Removal of Trustee 313 196. Resignation of Trustee 314 197. Order for Choice of new Trustee 315 198. Notice of Meeting to elect new Trustee 316 199. Demand for Security for Costs from Trustee, Plaintiff 317 200. Order requiring Trustee to furnisli Security for Costs 318 201. Order requiring Trustee to file final Account 319 202. Trustee's Return of no Assets 320 203. Trustee's Report, final Account and Oath to Same 321-323 204. Exceptions to Trustee's Account 325 205. Petition of Attorney for Trustee for an Allowance for Services and for a Certificate for additional Compensation. (Local Rule.) . . 327 206. Certificate o'f Referee on Application for additional Compensation. ( Local Rule. ) 328 207. Order allowing additional Compensation to Attorney for Trustee.. 330 208. Trustee's final Report 331 209. Order discharging Trustee 332 PART VI. EXAMINATION OF WITNESSES AND DEPOSITIONS. Form No. 210. Petition by Receiver for Examination under Sec. 21-a before Special Commissioner 333 211. Order for Examination thereon 335 212. Order for Examination of Bankrupt 339 213. Petition by Trustee for Order of Examination of Witness and for Subpoena ^ 340 Sil TABLE OF CONTENTS. PAGE FOBM Xo. 214. Order for such Examination and that Subpoena issue 341 215. Petition that U. >S. Marshal produce Prisoner for Examination... 342 21G. Order that Marshal produce Prisoner fur Examination 343 217. Subpoena to appear before Special Commissioner 344 218. Subpoena Ticket 345 219. Summons to Witness to appear before Referee 346 220. Subpoena Duces Tecum 347 221. Return of Summons to Witness 34!) 222. Examination of Bankrupt or Witness 350 223. Petition that Witness sign Testimony before Referee 351 224. Order that Witness sign Testimony 352 225. Petition for Leave to obtain Ancillary Order of Examination 353 226. Order granting Leave to apply for Ancillary Order of Examination 354 227. Petition in Court of Ancillary Jurisdiction for Order of Exami- nation 355 228. Order of Examination in Court of Ancillary Jurisdiction 356 229. Notice of taking Deposition (De Bene Esse) 357 230. Deposition (De Bene Esse) 359 231. Certificate of Commissioner or Notary Public thereon 360 PART VII. SALES. PAOF FoBM No. 232. Petition for Appraisal and Sale at Auction by Receiver before Adjudication 363 233. Order for Appraisal and Sale before Adjudication 364 234. Petition for Appraisal and Sale by Receiver after Adjudication upon sealed Bids 367 235. Order for Appraisal and Sale after Adjudication upon scaled Bids 369 236». Notice of Auction Sale by Receiver 370 237. Notice of Sale by Receiver on scaled Bids 371 238. Petition by Receiver for Sale of perishable Property 372 239. Notice of Sale by Trustee 373 240. Petition for private Sale by Trustee 374 241. Order for private Sale by Trustee 375 242. Petition for Sale at Auction of Real Estate 376 243. Order for Sale at Auction of Real Estate 377 244. Petition to Referee for Sale of perishable Property, and Order thereon 378 245. Petition and Order for Sale subject to Lien 380 246.' Notice of Sale. (New Jersey Practice.) 381 247. Trustee's Memorandum of " Terms of Sale." 383 248. Petition for Sale free and clear of Liens 385 249. Notice of Motion for Sale free and clear of Liens 388 250. Order directing Sale free and clear of Liens 390 251. Petition to confirm Sale 394 252. Order confirming Sale 395 253. Notice of Taxation of Auctioneer's Charges 397 254. Order for Resale on Default of former Purchaser 398 255. Petition to vacate Sale 309 256. Order to show Cause why Sale should not be vacated 401 257. Order vacating Sale 403 TABLE OF CONTENTS. Xlll PART VIII. INJUNCTIONS AND RESTRAINING ORDERS. PAGE FOBM No. 2.58. Petition for an Injunction other than a^jainst Suit;^ 404 250. Order to show Cause for an Injunction 405 260. Injunction Order 406 261. Order stajing Suit 412 262. Affidavit by Bankrupt to stay Supplementary Proceedings 413 263. Affidavit to stay Sale by Trustee of mortgaged Property and to modify Injunction 414 264. Petition to modify Injunction 416 265. Order vacating Stay. 419 PART IX. DISCHARGE OF BANKRUPT. Form No. 266. Bankrupt's Petition for Discharge 421 267. Order to show Cause thereon 424 268. Affidavit of mailing Petition for Discharge 425 269. Notice for Publication of Application for Discharge 426 270. Referee's Certificate on Discharge 427 271. Order of Discharge 428 272. Notice of Appearance of objecting Creditor 430 273. A-ffidavit that no Specifications have been filed 431 274. Specifications of Objection to Discharge 432 275. Exceptions to Specifications 445 276. Petition to amend Specifications 446 277. Order authorizing Trustee to file Objections 448 278. Order of Reference to Special Master 449 279. Notice of Hearing before Special Master 450 280. Report of Special Master upon Specifications 452 281. Order opening Default on Discharge Proceeding 455 282. Order denying Discharge upon Report of Special Master 456 283. Petition for Extension of Time to apply for Discharge 457 284. Referee's Certificate on such Application 458 285. Order extending Time to apply for a Discharge 459 286. Petition to revoke Discharge 460 287. Order revoking Discharge 461 288. Affidavit for Cancellation of a Judi^'mont against Bankrupt. (New York Practice ) 464 289. Order canceling Judgment. (New York Practice) 465 PART X. COMPOSITION WITH CREDITORS, BEFORE AND AFTER ADJUDICATION. Form No. 290. Off"er of Composition 468 291. Petition for Meeting to consider Composition 470 292. Petition for Appointment of Referee and staying Adjudication.. . . 471 293. Order appointing Referee and staying Adjudication 472 294. Notice of Meeting to consider Composition before Adjudication. . . . 47'* 295. Acceptance of Offer 47 V 296. Petition to deposit Money for the Purpose of Composition 47.i 297. Order to deposit thereon 476 XIV TABLE OF CONTENTS. PAGE Form Xo.29S. Certificate of Deposit 477 21t9. Application for Confirmation of Composition 479 300. Order to sliow Cause on Petition for Confirmation 480 301. Notice to Creditors of Confirmation 481 302. Referee's Certificate thereon 482 303. Order confirming Composition and making Distribution 483 304. Notice of Appearance of objecting Creditor 487 305. Specifications of Objection to Confirmation of Composition 488 306. Exceptions to Specifications 491 307. Report of Special Master on Specifications 492 308. Order refusing Confirmation of Composition upon Report of Master 493 309. Petition to set aside a Composition 494 310. Order setting aside a Composition 497 PART XI. RECLAMATION PROCEEDINGS. PAGE FOBM Xo. 311. Demand in Reclamation 498 312. Petition to reclaim Property, on Account of false Representations. 499 313. Notice of Motion to reclaim 504 314. Petition to reclaim consigned Goods 505 315. Answer in Reclamation 509 316. Bond in Reclamation for Possession of Property 510 317. Order dismissing Reclamation 512 318. Order of Reference to Special Master 513 319. Report of Special Master in Reclamation 514 320. Judgment in Reclamation for Delivery, etc., upon Report of Master 515 321. Bill of Costs in Reclamation and Notice of Taxation 517 PART XII. DISSOLUTION OF LIENS, PUNISHMENT FOR CONTEMPT, REOPENING ESTATES AND MISCELLANEOUS MATTERS. Form No. 322. Affidavit to dissolve Lien of Attachment 519 323. Notice of Motion thereon 521 324. Order dissolving Lien of Attachment 522 325. Order dissolving Lien of Execution 525 326. Petition to dissolve Lien of Garnishee Order upon Bankrupt's Earn- ings and directing Sheriff to pay 527 327. Notice of Motion thereon 529 328. Order dissolving Lien of Garnishment, modifying Stay and directing Sheriff to pay over to Trustee 530 329. Order for payment of SheriflT's Fees from Proceeds of Property delivered by him to Receiver 532 330. Answer of Bankrupt to Rule to show Cause for Contempt 534 331. Order adjudging Bankrupt in Contempt 535 332. Order purging of Contempt 539 333. Petition to re-open F.state 540 334. Order re-opening Estate 542 335. Petition for Allowance by Attorney for Petitioning Creditors 543 TABLE OF CONTENTS. XV PAGE FOBM No. 336. Answer by Assignee for Benefit of Creditors to Rule to show Cause to turn over Property to Federal Officer .545 337. Order designating Depository of Bankruptcy Funds 548 338. Bond of Depository 550 339. Referee's Report to Clerk under Order of Attorney General 551 Form No. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. PART XIII. SUITS BY TRUSTEE AT LAW AND IN EQUITY. Complaint by Trustee upon Promissory Note 553 Complaint against defaulting Purchaser for Deficiency upon Re-sale. 556 Bill in Eiquity to recover a Preference 558 Bill in Equity to set aside a Mortgage made within four Months' Period and where Property has been sold free and clear of Liens. 560 Complaint in State court Action to declare Secret Trust 571 Complaint in State Court Action to set aside under Sec. 70-e, Bill of Sale, made beyond four ^lonths' Period 574 Bill in Equity to recover fraudulent Transfer and alleging Con- spiracy to defraud 581 Petition by Trustee for Leave to levy Assessment for unpaid Stock Subscriptions 586 Order directing such Assessment 589 Complaint to recover unpaid Stock Subscriptions 590 PART XIV. WRITS AND INDICTMENTS. FOBM No. 350. Petition for Order in Nature of Ne Exeat 695 351. Order in Nature of Ne Exeat 596 352. Bond on Ne Exeat 598 353. Petition for Writ of Habeas Corpus 600 354. Writ of Habeas Corpus 602 355. Petition for Writ of Mandamus 603 356. Indictment for Conspiracy to conceal Property from Trustee 604 357. Indictment for Perjury in Bankruptcy Proceeding 607 PART XV. APPEALS, PETITIONS TO REVIEW, WRITS OF ERROR, CERTIORARI AND CERTIFICATES. FOBM No. 358. Petition for Appeal to Circuit Court of Appeals from Order Denying a Discharge and Order allowing Same 612 359. Citation on Appeal 620 360. Assignment of Errors 621 361. Bond on Appeal 622 362. Notice of Filing of Bond on Appeal 624 363. Stipulation as to Record on Appeal 625 364. Praecipe 626 365. Stipulation as to Praecipe 627 366. Stipulation as to the Record 628 367. Order Filing Record 628 xvi TABLE OF CONTENTS. PAGE Form Xo. 368. Certification bv Clerk of Record on Appeal 629 36!). Appearance of Counsel 630 370. Order amending Record on Appeal 631 371. Order amending Printed Record and directing Printing as a Part of Original Record 632 372. Petition to restore Appeal to Calendar 633 373. Order for Mandate 634 374. Mandate 63.5 375. Order on Mandate 636 376. Decree in District Court after Mandate of Reversal in Equity Suit . 637 377. Petition to Review under Section 24-b 638 378. Notice of Filing Petition to Review 646 379. Notice of Motion for Stay pending Review 647 380. Order staying Proceedings pending Petition for Review under Sec. 24-b 648 381. Petition for Appeal from a Circuit Court of Appeals to the Supreme Court of the United States 649 382. Order allowing Appeal from a Circuit Court of Appeals to the Supreme Court of the United States 652 383. Petition for Writ of Error from the Supreme Court to a Circuit Court of Appeals 652 384. Writ of Error from the Supreme Court of the United States to a Circuit Court of Appeals 6.53 385. Petition for a Writ of Certiorari from the Supreme Court to a Cir- cuit Court of Appeals 656 386. Notice of Application to the Supreme Court for Writ of Certiorari. 658 387. Motion for Writ of Certiorari from the Supreme Court to a Circuit Court of Appeals 659 388. Writ of Certiorari from the Supreme Court to a Circuit Court of Appeals 660 389. Certificate of Question of Jurisdiction by District Court to Supreme Court 661 390. Certificate of Question of Law in a Bankruptcy Proceeding by a Circuit Court of Appeals to the Supreme Court 662 Bankruptcy Act of 1S98 as Amended 665-701 Index to Bankruptcy Act of 1898 703-714 General Orders of the Supreme Court in Bankruptcy with Annotations and Illus- trative Cases 715-736 Rules in P.ankruptcy, Southern District of New York 739-748 Rules in Bankruptcy, Northern District of New York 749-756 Rules in Bankruptcy, Eastern District of New York 757-762 Rules in Bankrupcty, Western District of New Y'ork 763-772 Rules in Bankruptcy, District of Massachusetts 773-775 Rules in Bankruptcy, District of Connecticut 776-780 Rules in Bankruptcy, District of New Jersey 781-792 Rules in Bankruptcy, Eastern District of Pennsylvania 79.3-794 Rules in Bankruptcy, Western District of Pennsylvania 795-800 Rules in l?ankruptcy, Allegheny Co. Dist., W. D. Pennsylvania 801-805 TABLE OF CONTENTS. xvii r.ules in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, Pailes in Bankruptcy, Tailcs in Bankruptcy, Rules in Bankruptcy, Pailes in Bankruptcy, Ihiles in Bankruptcy, Ihiles in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, Rules in Bankruptcy, District of Maryland 806-809 District of Columbia, Supreme Court 810-818 Southern District of Ohio 819-823 District of Indiana »24-825 Xorthern District of Illinois, E. D S26-829 Eastern District of Missouri 830-837 District of Nebraska 838-840 District of Colorado 841-843 Northern District of Texas 844-84!) Northern District of Alabama 850-858 Eastern District of Louisiana 850-866 Western District of Washington, E. D 867-860 District of Oregon 870-871 Northern District of California 872-873 Soutliern District of California 874-875 Convenient Time Table of Procedure. 876-877 General Index 879 TABLE OF CASES CITED. [References are to pages.] A. Aarons & Co., In re Sol, 502, 503. Abbey Press, In re, 217, 336, 716, 722, 725. 728, 730. Abbott V. Anderson et al., 46. Abbott V. Anderson, 486. Abram, In re, 179. Abrams, In re, 190. Abrams, In re, 277. Abrams & Rubins, In re, 486, 496. Abrahamson & Bretstein, In re, 109, 336. Aiiraliamson & Fichhandler, In re, 268. Acme Food Co. v. Meier, 59. Acme Harvester Co. v. Beekman Lum- ber Co., 70, 161, 409. Acritelli, In re, 394. Adamo, In re, 195. Adams, In re, 266. Adams, In re, 434. Adams Sartorial Co., In re, 103, 139. Adams v. Decker Valley Lumber Co., 615. Adler, In re, 199. Adler, In re, 200. Adler, In re, 409, 443. Adler, In re, 407, 601, 722, 732. Adler v. Jones, 489, 732. Adsit V. Butler, 319. Aetna Cotton Mills Co., In re, 269. Agnew, In re, 422. Aiello V. Crampton, 566. Alaska Fishing & Development Co., In re, 154. Albrecht, In re, 433, 732. Aldcn, In re, 392. Alden, In re, 640. Alden Electric Co., In re, 619, 630. Alexander v. Union Surety & Guaranty Co., 290. Alex, In re, 188. Alkon V. United States, 609. Alleman, In re, 436. Allen, In re, 724. Allen, In re, 278. Allen, Trustee v. Grant, 593. Allen, Trustee v. Gray, 567. Allen v. Gray et al., 579. Allen v. McMannes, 567, 570, 581. Allgair v. W. F. Fisher & Co., 402, 730. Allison Lumber Co., In re, 547. All Star Feature Corp., In re, 275. Almond v. Hammond, 400. Alpor, In re, 348, 602. Alphin & Lake Cotton Co., In re, 200. Alphin & Lake Cotton Co., In re, 338. Altman, In re, 29. Alton ]\Ifg. Co., In re, 109. Altonwood Park Co. v. Gwynne, 92. Alvord, In re, 437, 438. Amer, In re, 457, 722. Ameratis, In re, 278. American Agricultural Chemical Co. v. Berry, 443. American Agricultural Chemical Co. v. Brinkley, 33. American Architects' Tube Co., In re, 392. American Brewing Co., In re, 70. American Construction Co. v. Jackson- ville, etc., 657. American Elect. Tel. Co., In re, 224. American Guarantee & Security Co., In re, 54. American Knit Goods ^Ifg. Co., In re, 502. American Lumber, etc., Co. v. Taylor, 570. American Machine Works, In re, 506. American Steel & Wire Co. v. Coover, 72. American Surety Co. v. Freed, 326. American Trust Co. v. Wallis, 200. American Woolen Co. v. Cohen, 486. Amos, In re, 189, 294, 724. Amundson v. Folsom, 270 Anderson, In re, 185. Anderson, In re, 191. Anderson, In re, 229. Anderson, In re, 459. ' Anders Push Button Telephone Co., In re, 326. Andre, In re, 523. Andrews, In re, 240, 56S. [xix] XX TABLE OF CASES. [References ar Andrews, In re, 336. Andrews & Simonds, In re, 186, 189, 190. Angeny, In re, 507. Anger Baking Co., In re, 267. Ankeny, In re, 261. Ansley Bros., In re, 188, 571. Anson Mercantile Co., In re, 174. Antigo Screen Door Co., In re, 644. Appel, In re, 598. Appel Suit & Cloak Co., In re J. S., 503, 507. Arctic Ice Machine Co. v. Armstrong Co. Trust Co., 508. Arenson, In re, 439. Argonaut Shoe Co., In re, 224. Armour & Co. v. Miller, 97, 98. Armstrong, In re, 568. Armstrong v. Fernandez, 38, 96, 650, 736. Armstrong v. Fisher, 719, 728. Arnao, In re, 442. Arnold & Co., In re, 259, 261. Arnold Grocery Co. v. Shackelford, 564. Arnold v. Oliver, 466. Arnold Yeast Co., In re Otto F., 277. Arrington Co., In re, 489. Arrington v. Arrington, 444. Arrington v. Arrington, 462. Arti-Stain Co., In re, 209, 727, 730. Asclienhach Co., In re Chas. W., 139. Associated Trust, In re The, 34. Atchison, T. & S. F. E. R. Co. v. Hurley, 303. Atliens Xat. Bank v. Shackelford, 580. Atherton v. Green, 269. Atlantic Skirt Mfg. Co. v. Jacohs, 443. Atlantic Construction Co., In re, 478. Atlantic Dynamite Co. v. Rcger, 463. Atwater, In re, 199. Audubon v. Shufeldt, 269. Auerbach, In re, 202. Augsperger, In re, 440. • Augusta Grocery Co. v. Soutlicrn Moline Plow Co., 508. Automatic ilusical Co., In re, ."537, 536. Averick, In re, 199. Averill, In re, 229. Ayres v. Cone, 52, 238, 259. B. Ral)bitt V. Head, 594. Babbitt v. Read, 594. e to pages.] Babbitt v. Kelly, 568. Babbitt, Trustee v. Dutcher & anc, 161. MS. Baber, In re, 179. Back Bay Auto Co., In re, 169. Bacon, In re, 199. Bacon, In re, 437. Bacon & Sons, In re J., 478. Bacon v. Roberts 210. Baerncopf, In re, 435, 446, 447. Baginsky, Michel & Co., In re, 324. Bailey, In re, 526, 565. Baird & Co., In re, 238, 240. Baker, In re, 209. Baker, In re, 601, 602, 732. Baker, In re, 643, 645. Baker & Edwards, In re, 727. Baker Notion Co., In re, 240. Baker-Ricketson Co., In re, 54 Baker Ice Machine Co. v. Bailey, 508. Baker Ice Machine Co. v. Bailey, 613, 736. Baldwin, In re, 447. Ball, In re, 37, 41. Ballance, In re, 495. Eallentyne v. Smith, 402. Ballou, In re, 201. Bank of Anderson v. Gudger, Recr., 516. Bank of Clinton v. Kendert, 616. Bank of Dearltorn v. IMatney, 32. Bank of Xez Perce v. Pindel, 186. Bank of Ravenswood v. Johnson, 536, 728, 730. Bank of Wayne v. Gold, 270. Banzai Mfg. Co., In re, 537, 546. Barber, In re, 392. Barber v. Coit, 579. Barde & Leavitt, In re, 489, 490. Bardes v. First Nat. Bank of Hawar- den, 568. Bardes v. First Nat. Bank of Hawar- den, 664. Bardes v. Hawardon Bank, 580. Barnes v. Pampel, 643. Barnet, In re, 733. Barr v. Sofranki, 60. Barrager, In re, 431, 4.33, 733. Barrett. In re, 191. Barrett, In re, 549. Barrett v. Prince, 601, 732. Bartlett v. United States, 610. Barton's Est., In re, 541, (523. TABLE OF CASES. XXI L References Basch, In re, 408. Basha & Son, In re, 239. Bassett v. Thackara, 429. Batchelder v. Home Xat. Bank, 567. Batchelder & Co. v. Wedge, 524. Bates Machine Co., In re, 53. Baudouine, In re, 436. Baudouine, In re, 436. Baughman, In re, 187. Baughman, In re, 326. Baughman, In re, 411, 526. Baum, In re, 200. Baiiman Diamond Co. v. Hart, 93, 109, 110. Baumblatt, In re, 275. Baumhauer, In re, 259. Baumhauer v. Austin, 259. Baxter & Co., In re, 544. Bayler, In re, 324. Bay State Milling Co., In re, 615. Bazemore, In re, 508. Beach v. Macon fJrocery Co., 96. Beach v. ]Macon Grocery Co., 108, 139. Bean, In re, 186, 190. Beasley v. Coggins, 578, 580. Beatty v. Anderson Coal Mine Co., 42. Beauchamp, In re, 190. Beaver Coal Co., In re, 524. Beaver Knitting Mills, In re, 267. Beck, In re, 174. Becker, In re, 365. Becker, In re, 374. Becker, In re, 436. Becker & Co., In re August, 274. Beckhaus, In re, 571. Beddingfield, In re, 36, 52. Beebe, In re, 435. Beerman, In re, 98. Beers v. Hanlin, 34, 268. Beiermeister Bros. Co., In ro, 20, 44. Belden, In re, 402. Belding-Hall Mfg. Co. v. Mercer & F. Lumber Co., 565. Belfast Mesh Underwear Co., In re, 42. Bellah, In re, 37, 96, 435, 721. Bell Piano Co., In re, 224, 323. Bell v. Arledge, 615. Bell v. Blessing, 24. Belluscio, In re, 199. Bemis, In re, 436. Bender, In re, 187. Bendheim, In re, 337, 338. are to pages.] Benedict, In re, 108, 161. Benedict, In re, 486. Benedict v. Deshel, 565, 568. Benjamin, In re, 366. Benjamin, In re, 722. Benjamin v. Chandler, 565. Bennett, In re, 276, 278. Bennett Shoe Co., In re, 40, 41. Bennett Shoe Co., In re, C. H.. 267. Bennett v. American Credit Ind. Co., 239. Benoit, In re, 442. Bentley v. Young, 579. Berg, In re, 502. Bergen, In re, 437. Berkebile, In re, 618. Berkman, In re, 200. Berkowitz, In re, 411, 722. Berkowitz, In re, 597. Bernard, Trustee v. Lea, 622. Bernec & Wolf, In re, 312. Berner, In re, 20, 32. Berner, In re, 435. Berry & Co., In re, 440. Berry & Co., In re Jacob, 238, 241. Berry & Co., In re Jacob, 286, 504. Berry Bros v. Sheehan, 466 Bertenshaw, In re, 72, 429. Beutel's Sons Co., In re, 379, 725. Bevier Wood Pavement Co., In re, 268. Bevins et al., In re, 266. Bick, Ex parte, 536, 602. Big Cahaba Coal Co., In re, 209. Big Meadows Cas Co., In re, 35. Billing, In re, 19, 38, 68, 70, 618. Bills V. Schliep, 504. Bimberg, In re, 460, 462. Birch V. Steels, 217, 645. Bishop, In re, 277. Black, In re, 189. Blackstone v. Everybody's Store, 60. Blair, In re, 32, 46. Blair, In re, 524. Blair, In re, 641. Blake v. Nesbet, 411. Blalock, In re, 434, 435, 437. Blanchard & Howard, In re, 186. Blanchard Shingle Co.. In re, 641. Blanchard et al. v. Ammons. 643. Blankenship, In re, 269. Blankfein, In re, 257, 717, 727. Blessing v. Blanchard, 274, 275. XXll TABLE OF CASES. [References Bleyer, In re, 439. r.leyer, In re, 439. Rlick V. Ximmo, 308, 429. Bloch, In re, 240, 579. Blond, In re, 238, 486. Bloodworth-Sternbridge Co., In re, 469, 477. Bloomingdale v. Empire Rubber Mfg. Co., 503. Blount, In re, 47. Blue Mt. Iron & Steel Co. v. Portner, 41. Blue Ridge Packing Co., In re, 175, 2»6, 257, 722, 727. Blum, In re, 201. Blumberg, In re, 37, 434. Blumberg, In re, 429. Buasberg, In re, 438. ]5oeshore, In re, 345. Bogen, In re, 42. Bolinger, In re, 186, 187. I'ologh, In re, 549. Bolognesi & Co., In re, 52. Bond V. Milliken, 443. Boonville Xat. Bank v. Blakey, 108, 131, 618, 622. Booth, In re, 239. Borgenson Co., In re, 139. Burger, In re, 324. Borhman, In re, 229. Boston-Cerrilos Mines Corp., In re, 199. Boston Dry Goods Co., In re, 643. Bothe, In re, 581. Bouck, In re, 441. Bourlier Cornice & Roofing Co., In re, 126, 326. Bower v. Holzworth, 617, 654. Bowers, In re, 60. liowman v. Alpha Farms, 564. Boyd, In re, 186. Boyd, In re, 571, 580. Bcyd V. Arnold Loucheim & Co., 209. Boyd V. Boyd Fry Stove & China Co., 41. Boyd V. \\all, 525. Bovden, In re, 437. I'racklee Co., The v. OMITonnor, 485. J'radford's Petition, In re, 619. Bradin, In re, 439. Bradley Timber Co. v. White, 36, 59, 718. Brady, In re, 623. I'rady & Bernard v. Kittinger, 616, 640, 644. are to pages.] Bragassa v. St. Louis Cycle, 434, 457. Brake v. Callison, 34. Brandreth, In re, 46G. Brandt, Trustee v. Mayhew, 191. Braverman, In re, 439. Bray v. Cobb, 73, 217. Eray v. Johnson, 231, 734. Breakwater, In re, 727. Breck v. Brewster. 594. Breckons v. Sr.yder, 290, 338, 564. Breitling, In re, 436. B. R. Electric & Telephone Mfg. Co. v. Aetna Life Ins. Co., 50, 70, 614. Breslauer, In re, 520. Brett, In re, 96, 236. Breuer, In re, 439. Brewster, In re, 259. Breyer Printing Co., In re, &44. Brice, In re, 10, 20, 44. Brinckman, In re, 34, 35. Brinkley v. Smithwick, 54. British & Amer. Mort. Co. v. Stuart, 242, 271. Broadway Savings Trust Co., In re, 41, 44, 96. Broadway Trust Co. v. Mannheim, 21, 485. Brockman, In re, 438. Brockton Ideal Shoe Co., In re, 21. Brockton Ideal Shoe Co., In re, 38, 202, 36'5. Brockton Ideal Shoe Co., In re, 161. Brod, In re, 43S. Bromley, In re, 447. Bronstein, In re, 536. Brooke et al.. In re, 175. Brooks v. Bank of Beaver City, 571. Broomfield v. Lehman, 441. Brown, In re 33. Brown, In re, 34. Brown, In re, 186, 189. Brown, In re, 436. Brown, In re, 438. Brown, In re, 486. Brown & Co., In re A. O., 275. Brown & Co., In re A. O., 286. Brown & Co., In re A. O., 286. Brown & Co., In re, A. 0., 438. Brown & Co., In re Roger, 392. 722. Brown & Adams v. United Button Co., 208, 271. Brown v. Barker et al.. 555. Brown v. Citv Nat. Bank, 243. TABLE OF CASES. XXlll [References Brown v. Detroit Trust Co., 655. Brown v. O'Connell, 239. Brown v. Persons, 332. Brown v. Streicher, 570. Brumbaugh, In re, 187. Brumelkamp, In re, 37, 96. Brundage, In re, 337. Brundin, In re, 229. Brj^an v. Bornheimer, 109, 546. Bryan v. '(Madden, 565. Bryant, In re, 336, 340. Buchanan, In re, 436. Buchan's Soap Corp., In re, 238, 272. Euder v. Columlua Distilling Co., 577. Puelow, In re, 191. Buffalo Mirror & Beveling Co., In re, 207. Buffington v. Harvey, 578. Bullis V. O'Beirne, 466'. I5undy & Co., In re, H. W., 190. Burbank, In re, 54. Burgin, In re, 33. Burgoyne v. McKillip, 269. Burka, In re, 266. Burke, In re, 410. Burke, In re, 720. Burke v. Guarantee Title & Trust Co., 21, 188, 293, 721, 736. Burkhalter & Co., In re, C. M., 154. Burkhart v. German American Bank, 34. Burleigh v. Forman, 613. Burlington Malting Co., In re, 36, 50. Burns, In re, 277. Burns, In re, 544. Burns v. O'Gorman Co., 554. Burr Mfg. & Supply Co., In re, 390, 402. Burr Mfg. & Supply Co., In re, 556, 619, 643. Burrell v. State, 337. Burt, In re, 507. Bush V. Expert Storage Co., 580. Bushnell, In re, 276. Butcher v. Cantor, 579. Butcher v. Wcrksnian, 580. Butler V. Baudouine, 555. Butler & Co., In re Wm. S., 60. Butler & Co., Inc., v. Palmenberg, 42, 60. Butler-Kycer Co., Ex parte, 409. Butterwick, In re, 507. Butts, In re, 409, 443. are to pages.] Byerly, In re, 324. Bynum v. Scott, C. 555. Cahus, In re, 441. Cadenas & Coe, In re, 324. Cagliostro v. Indelle 21, 467. Cain, In re, 35. Caldwell, In re, 275. Calhoun Co. Bank v. Cain, 567. Callahan v. Israel, 555. Callison, In re, 34. Caiman Co., J. W., v. Doherty, 616, 650, 651. Caloris Mfg. Co., In re, 271. Calvi, In re 337, 580, 581. Cambridge Lumber Co., In re, 139. Camden v. Mayliew, 305. Camelo, In re, 443. Cameron v. United States, 335, 609. Camp, In re, 188, 190, 293, 724. Campl)ell, In re, 1S9, 724. Campbell, In re, 270. Canner v. Webster-Tapper Co., 41. Cannon, In re, 258. Cannon v. Prude, 71. Cantelo Mfg. Co., In re, 202. Canton Iron & Steel Co., In re, 259. Cantor, In re, 440. Cantor, In re, 537. Capitol Trading Co., Inc., In re, 257. Caponigri, In re, 270. Caponigri, In re, 384. Caponigri, In re, 642. Carbone, In re, 19. Cardozo, Jr., v. Brooklyn Trust Co., 571. Carey v. Donohue, 566. Carleton, In re, 29, 53, 719, 725. Carley, In re, 337. Carley, In re, 447, 640, 641. Carlile, In re, 730. Carmelo, In re, 409. Carmichael, In re, 429. Carolina Cooperage Co., In re, 229. Carothers & Co., In re, 324, 725. Carothers & Co., In re, 324, 725. Carpenter, In re, 230. Carpenter v. Cudd, 275. Carpenter v. Karnow, 581. Carpenter v. Southwortli, 555. Carr, In re, 224, 324. Carr, In re, 544, 731. XXIV TABLE OF CASES. [References are to pages.] Carr v. Barnes, 266. Carroll & Bro. Co. v. Young, 392. Carter, In re, 259. Carter v. Hobbs, 71, 578. Carton & Co., In re A. B., 439, 440, 486. Carver & Co., In re, 208. Casey, In re, 431, 460. Casey v. Baker, et al., 306. Cash-Papworth, Grow Sir, In re, 110. Castleberry, In re, 188, 229, 326. Castle Braid Co., In re, 259. Caswell, Massey Co., In re, 268. Catchings v. Chatham Nat. Bank, 566, 570. C, B. & Q. E. DR. Co. V. Hall, 187. Ceballos & Co., In re, 19, 28, 54, 719. Central Trust Co. of Illinois v. Chicago Auditorium Ass'n, 650. Central Trust Co. v. Lueders & Co., 277. Central Trust Co. of Illinois v. Lueders, 650, 657. Century Savings Bank v. Eobert Moody & Son, 613, 651, 736. Chalfein, In re, 89. Challoner, In re, 269, 411. Chamberlain, In re, 434. Chambersburg Silk Mfg. Co., In re, 393. Chambers, Calder & Co., In re, 209, 210, 727, 729. Champion Wagon Co., In re, 123. Chandler, In re, 384. Chandler, In re, 463. Chandler, In re, 601. Chaplin, In re, 490. Chapman v. Bowen, 651. Charlestown Light and Power Co., In re, 52, 97. Chase, In re, 422, 547. Chatfield, et al., v. O'Dwyer, 261. Chaudron & Peyton, In re, 277. Chauncey v. Duke Bros., 393. Chavez, In re, 278. Cheatham, In re, 186. Chequasset Lumber Co., In re, 38. Chesapeake Shoe Co. v. Seldner, 641. Chicago Motor Vehicle Co. v. American Oak Leather Co., 97, 98. Chicago Title & Trust Co., Ex parte, 604. Chilberg v. Smith, 506. Chism, Trustee, v. Bank of Friars Point, 305. Chotiner, In re, 394, 642. Chotiner, In re, 642. Christianson, In re, 229. Cliurch Construction Co., In re, 150. Churchill, In re, 431, 459. Churchill, In re, 448. Citizens' Banking Co. v. Ravenna Nat. Bank, 40. City Contracting & Building Co., In re, 21, 29, 72. City Contracting & Building Co., In re, 46, 715, 719. City National Bank v. Doolittle, 489. Claiborne, In re, 601, 732. Clark, In re, 240. Clark Coal & Coke Co., In re, 154, 278, 381, 393, 394, 730. Clark Coal & Coke Co., In re, 304. Clark v. Henne & Mayer, 36, 41. Clark V. Pidcock, 723. Clark, et al., v. American Mfg., etc., Co., 77. Clark-Herrin Campbell Co. v. H. B. Claf- lin Co., et al., 55. Clarke v. Larremore, 526. Clarke v. Rogers, 269. Clay, In re, 175, 722. Clay V. Waters, 537. Clevenger v. Moore, 593. Cliflfe, In re, 336. Clipper Mfg. Co., In re, 410. Clisdell, In re, 19, 32. Clisdell, In re, 422. Clothier, In re, 433, 732. Clountier Bros., In re, 440. Clowe V. Seavey, 578. Coal City House Furnishing Co. v. Hague, 366. Cobb, In re, 336, 337. Cobb, In re, 715, 731. Cobb V. Overman, 267. Coburn, In re, 36. Cochran, In re, 188. Coder v. Arts, 393, 568, 617. Coder v. :McPherson, 568. Codori, In re, 394. Coe, In re, 59. Coe, In re, 70. Coe, In re, 174. Coe, Powers & Co., In re, 275. Coe V. Rosene, 430. Coen V. James, 478. Coflfey, In re, 568. TABLE OF CASES. XXV [References Cogley, In re, 298. Cohen, In re, 176. Cohen, In re, 4'o4. Cohen, In re, 507. Cohen, In re, 546. Cohen, In re, 597. Colien V. American Surety Co., 546. Cohen v. Budd, 381. Cohen v. U. S., 609. Cohn V. Small, 564, 579. Cohn V. U. S., 608, 609. Colaluca, In re, 19. Cole, In re, 200. Cole, In re, 202. Cole, In re, 409. Cole, In re, 345, 360. Cole V. Manson, 319. Colgan V. Frick, 309, 556. College Clothes Shop, In re, 134. Collett V. Bronx Nat. Bank, 568. Collett V. Bronx Nat. Bank, 568, 569. Collier, In re, 30, 734. Colver's Tours Co., In re, 569. Colman v. Withoft, 271. Colston V. Austin Run Mining Co., 40. Columbia Bank v. Birkitt, 21, 466. Columbia Bank v. Birkitt, 21, 467. Columbia Buggy Co., In re, 507. Columbia Iron Works, In re, 169, 174, 179, 221, 243, 257, 727. Columbia Iron Works v. Nat. Load Co., 617, 621, 623, 664. Columbia Real Estate Co., In re, 34, 49, 91. Columbia Real Estate Co., In re, 39. Commonwealth Lumber Co., In re, 36, 60. Commonwealth of Pa. v. York Silk ilfg. Co., 277. Comstock, In re, 489, 490. Conboy v. First Nat. Bank of New Jer- sey, 618, 651, 735. Condon, In re, 38, 39, 42, 98. Coney Island Lumber Co., In re, 544. Conners v. Bucksport Nat. Bank, 569. Conro V. Crane, 645. Conroy, In re, 433. Constad & Newman v. Buell, 613. Constam v. Haley, 241. Consumers' Coffee Co., Tn re, 126. Consumers' Coffee Co., In re, 277. Continental B. & L. Assn. v. Superior Court, 70. are to pages.] Continental Commercial Trust & Sav- ings Bank v. Chicago Title & Trust Co., 568. Continental Corporation, In re, 237. Continental Paint Co., In re, 275. Conway v. German, 34, 36, 39, 54, 96. Cook V. Robinson, 523. Cook Inlet Coal Fields v. Caldwell, 614, 629, 735. Cooney v. Dandridge, 619. Co-operative Knitting Mills, In re, 238. Cooper, In re, 173, 722. Cooper Bros., In re, 496. Cooper V. Miller, 241. Copper King (Lim.), In re The, 278. 625. Corbett v. Riddle, 41. Corbitt Buggy Co. v. Ricaud, 506. Cornell, Co., In re J. B. & J. M., 366 396. Corwin Mfg. Co. In re, 36. Cotting V. Hooper, Lewis & Co., 268. Cotton & Preston, In re, 189, 294. Cotton & Preston, In re, 440. Cottrell V. Albany Card & Paper Mfg. Co., 555. Coulter, In re, 223. Counselman v. Hitchcock, 337, 348. 010. Counts V. The Columbus Buggy Co., et al., 33. Courier Journal Job Print Co. v. Brew. Co., 643. Courtenay Mercantile Co., In re, 40. Courtenay Mercantile Co. v. Finch, et al., 40. Courtney v. Georger, 594. Couts v. Townsend, 32. Coventry Evans Furniture Co., In re, 236. Coventry Evans Furniture Co., In re, 240. Covington, In re, 209. Cowan V. Burchfield, 191. Cowart V. W. E. Caldwell Co., 224. Cox V. State Bank of Chicago, 524. Cox, Trustee, etc., v. Wall, 578. Craddock-Terry Co. v. Kaufman, 215, 730. Crafts-Riordan Shoe Co., In re, 35, 524. Craine v. Craine, 444. Cramer, In re, 200. Cramond, In re, 242, 326. Crancer & Co., J. W., v. Wade, 567. XXVI TABLE OF CASES. [References Crawford v. Burke, 267, 443. Creasinger, In re, 236, 239. Crenshaw, In re, 53, 96, 240. Crenshaw, In re, 336. Crescent Lumber Co., In re, 268. Cress, MoCormick Co., In re, 271. Cresson, etc., Coal & Coke Co. v. Stauf- fer, 53, 71. Crim V. Woodford, 209, 210, 617, 730. Crist, In re, 429, 446, 447. Criterion Watch, etc., Co., In re, 489. Crocker & Co., In re, 173. Crooks V. People's Xat. Bank of [Nlalone, 566, 569. Cross V. Evans, 664. Crouse v. Whittelse}-, 466. Crowe V. Baumann, 19. Crowell, In re, 276. Crown Point Brush Co., In re, 274. Crucible Steel Co. of America v. Holt, 503, 651, 735. Crystal Spring Bottling Co., In re, 593. Culpepper, In re, 531. Cummings, In re, 206, 230. Cummings, In re (Xo. 2), 537. Cummings, In re (Xo. 3), 538. Cummins Grocer Co. v. Tally, 59. Cunney, In re, 736. Cunningham v. German Ins. Bank, 630, 643, 729. Currier, In re, 269. Curtis, In re, 36. Curtiss, In re, 544. Cushing, In re, 268. Custard v. Wiggerson, 463. Cuthbertson, In re, 463, 556. D. Dalton, In re, 478. Daly, In re, 460. Damon, In re, 48. Damon & Co., In re, 239. Dana, In re, 408. Dancy Hardware & Furniture Co., In re. 508. D. & E. Dress Co. (Inc.), In re, 108. Dandridge & Pugh, In re, 53, 619. Daniel, In re, 240. Daniels, In re, 729. Daniels v. U. S., 610. Darlington, In re, 503. Dauchy, In re, 437. are to pages.] Daugherty, In re, 446, 722. Davidson, In re, 336. Davidson & Co. v. Friedman, 614, 644. Davis, In re, 32. Davis, In re, 243. Davis, In re, 503. Davis v. Bohle, et al., 407. Davis V. Crompton, 507. Davison, In re, 200. Davison, In re, 210. Day, In re, L. W. & Co., 174. Day V. Beck, 49, 64. Dayville Woolen Co., In re, 173. Deer Creek Water & Water Power Co., In re, 37. Deere Plow Co., John, v. Anderson, 506. De Gottardi, In re, 729. Delancey Stables Co., In re. 277. Deland v. Miller & Cheney Bank, 567. Delaney & Co., In re, Wm. E., 410, 411. Delmore, In re, 436, 437. De Long, In re, 410. Delta Xat. Bank v. Easterbrook, 613. Demarest, In "re, 190. Dempster v. Waters-Pierce Oil Co., 71. De -Xomme, In re, 441. Denson, In re, 188, 201. Desmond & Co., In re, 277. Despres, et al., v. Galbraith, 36, 52. Desrochers, In re, 108, 110, 139, 221, 365. Detroit Trust Co- v. Pontiac Savings Bank, 554. Deuell, In re, 538. Deutsch Bros., In re, 477. Deutschle & Co., In re Thomas, 274. Devries v. Orem, 326. DevTies v. Shanahan, 629, 645. Dexter, In re, 274. Diamond, In re, 423, 430. Dickas v. Barnes, 46, 641, 044, 719. Dickson, In re, 615. Dietz, In re, 462. Dimock v. Revere Coffee Co., 486. Dinglehoef, In re, 32. Disler v. McCauley, 444. Disney, et al., In re, 46. Ditmar v. Gould, 555. Dixon, In re, 199. Dixon, In re, 735. Dobbs, In re, 188. Docker-Foster Co., In re, 22, 261, 736. TABLE OF CASES. xxvii I References Dodge V. Kaufman, 72, 466. Dodge V. Kenwood Ice Co., 20, 24. Dodge V. Knowles, 623. Dodge V. Xorlin, 579, 617, 642. Dokken v. Page, 5S1. Domenig, In re, 260. Donahey, In re, 186. Donaldson v. Farwell, 503. Donnelly, In re, 408. Donnelly, In re, 619. Doran, In re, 613. Doroshow v. Ott, 613. Dorr, In re, 269. Dorr, In re, 569. Doty, In re, 259, 261, 727. Douglass & Sons Co., In re, 280. Douglass Coal & Coke Co., In re, 42. Dove Harris Woodworth Co., In re, 236. Dowagiae Mfg. Co. v. Lochren, 728. Dowie, In re, 409, 422. Downing, In re, 186, 187. Downing, In re, 378. Downing, In re, 429, 462, 463, 467. Dowse V. Hammond, 238. Doyle, In re, 209, 436. Doyle & Sons, In re, 384. Doyle-Kidd Dry Goods Co. v. Sadler, Lusk T. Co., 42. T>rake, In re, 32. Drake v. Vernon, 442. Drayton, In re, 722. Dreher v. Nat. Surety 'Co., 555. Dressel v. Xorth State Lumber Co., 44. Dressel v. Xorth State Lumber Co., 340, 728, 735. Dresser, In re, 408, 601, 721, 732. Dresser, In re, 651. Dresser & Co., In re, 439, 440, 441. Dresser & Co., In re, 440, 441. Drew V. Meyers, et al., 577. Driggs, In re, 410, 531. Duel V. Hollins, 287. Duffy, In re, 189. Duggan, In re, 580. Duguid, In re, 19. Duke & Son, In re, R. F., 33, 60, 365. Duke & Son, In re, R. F., 46. Dunbar v. Dunbar, 444. Duncan v. Ferguson McKinney Dry Goods Co., 186, 640. Duncan v. Landes, 654. Dunlap Carpet Co., In re James, 268, 269. are to pages.] Dunlap Hardware Co. v. Huddleston, 139, 1S7. Dunlap V. Goodman Menger Lighting- Co., 271. Dunlop, In re, 503. Dunlop V. Mercer, 503. Dunn, In re, 274. Dunn Hardware & Furniture Co., In re, 236'. Dunn Hardware & Furniture Co., In re, 735. Dunn Salmon Co. v. Fillmore, 243. Dunningan Bros., In re, 19. Diinphy, In re, 441. Dunseath & Son Co., In re, 161. Duplex Radiator Co., In re, 44, 54, oD. Dupree, In re, 32. Duquesne Incandescent Light Co., In re, 270, 271, 272. Duran Mercantile Co., In re, 229. Durham Paper Co. v. Seaboard Knit- ting Mills, 36. Duryea Power Co., In re, 173. Duryea Power Co. v. Sternburgh, 616, 617, 650. Dutcher, In re, 274, 276. Du Vivier & Co. v. Gallice, 241. Dwyer, In re, 20. Dwyer, In re, 33. Dycus V. Brown, 271. E. Fades, In re, 435, 438. Eagle Furniture Co., In re, 642. Eagles & Crisp, In re, 173. E. & G. Theatre Co., In re, 44. Early v. Electro Bleaching Gas Co., 564. Easley, In re, 526. Eastern Commission & Imp. Co., In re, 408. Eastlack, In re, 173, 722. Easton Furniture Mfg. Co. v. Caminez, 486. Eaton, In re, 437. Eau Claire Xat. Bank v. Jackman, 654. Eberspacker v. Boehm, 466. Edelstein v. U. S., 34, 71, 240, 610. Eden Musee American Co., In re, 324. Edens & Co., In re, 270. Edes, In re, 366, 375, 725. Kdinburg Coal Co. v. Hart, 109. Edinburg Coal Co. v. Humphreys, 604. Edwards v. Schillinger, 555. XXVlll TABLE OF CASES. [References EfRnger, In re, 269. Eggert, In re, 568, 641. Eidemiller, In re, 19. Eisenberg, In re, 19, 33. Eisenberg, In re, 496. Elby, In re, 449. Eldred, In re, 224, 323. Eldred, In re, 451. li^liowich. In re, 516. Elkind Schwartz, In re, 423. Elkus, Petitioner, 356. Elk Valley Coal Mining Co., In re, 230, 735. Elk Valley Coal Mining Co., In ro, 261, 720. Ellet-Kendall Shoe Co. v. Ward, 503, 504. Elletson Co., In re, 240. Elletson Co., In re, 641. Elliott V. Toeppner, 64, 617, 641, 654, 655. Ellis, In re, 36. Ellis, In re, 189, 293, 724. Ellis Bros. Printing Co., In re, 206. Ellithorpe, In re, 190. Ellsworth Co., In re Edward, 41, 42. Elmira Steel Co., In re, 44, 100, 718, 719. Elmore Cotton Mills, In re, 393. Ilmbry v. Bennett, 258. Emerine v. Tarault, 35, 36, 242. Empire Construction Co., In re, 407. Empire Metallic Bedstead Co., In re, 41. Ennis & Stoppani, In re, 409, 441. Ennis & Stoppani, In re, 474. Ennis & Stoppani, In re, 477, 486, 496. Knsign v. Commonwealth of Penn., 610. Erie Lumber Co., In re, 126, 154. Ernst V. Mechanics & Metals Nat. Bank, .569. Ernst V. The Terminal Clearing House Ass'n, 555. Eschwege & Cohn, In re, 229. Etheridge FHarniture Co., In re, 109. Ethier, In re, 402. Euclid Nat. Bank v. Union Trust Co., 640. lAircka Anthracite Coal Co., In re, 59. Eureka Furniture Co., In re, 593. Epstein, In re, 199. Epstein, In re, 200. Efistein, In re, 286. are to pages.] Epstein, In re, 502. Epstein, In re, 734. Epstein v. Handverker, 309. Epstein v. Steinfeld, 200. Epstein v. U. S., 610. Equitable Loan & Security Co. v. Moss & Co., 298. Equitable Trust Co. v. Vanderbilt Realty Imp. Co., 392, 393. Eurick's Fort Hamilton Brewery, In re, 206. Evans, In re, 188. E.xploration Mercantile Co. v. Pacific Hardware & Steel Co., 42. Exum, In re, 187. F. Fabian, In re, 507, 516. Fagan, In re, 238. Fahy, In re, 460. Fairlamb Co., In re, 237, 239. Falkenberg, In re, 139. Falter v. Reinhard, 173, 174, 722. Family Laundry Co., In re, 278. Fanning, In re, 441. Farkus, In re, 536. Farmers' Co-operative Co. of Barlow (K D.), In re, 508. Farrell, In re, 277. Farthing, In re, 37, 38, 41, 97, 736. Faulk & Co., T. S., v. Steiner, Lobman & Frank, et al., 109, 728. Faulkner, In re, 236. Faulkner, In re, 508. Fayetteville Wagon, etc., Co., In re, 392. Fechter v. Postel, 409, 441, 466. Federal Biscuit Co., In re, 277. Federal Biscuit Co., In re, 410. Federal Biscuit Co., In re, 410, 524. Federal Lumber Co., In re, 41. Federal Mail & Express Co., In re, 108. Feigenbaum, In re, 20, 71. Feinberg & Sons, In re, 477. Feldser, In re, 200. Feldstein, In re, 337. Feldstein, In re, 439. Feldstein, In re, 439. Fcllerman, In re, 339, 536. Fellows V. Freudcntlial, 44f). Felson, In re, 200, 544, 734. Felson, In re, 229. Fenley v. Poor, 242. TABLE OF CASES. XXIS [References Fenn, In re, 269. Fidelity Ins., etc., Co. v. Roanoke Iron Co., 154. Fidelity Trust Co. v. Gaskell, 160, 161. Fidler & Son, In re E. J., 221, 314. Field V. U. S., 609. Field & Co., Marshall, v. Wolf & Bros. Dry Goods Co., 487. Fielding v. Philips, 231. Fife, In re, 602, 732. Filer, In re, 32. Filer, In re, 269. Finegan v. Hull, 443. Fineman, In re, 40. Fink, In re, 274. Finkelstein, In re, 189, 293. Finlay, In re, 727. Finlay Bros., In re, 237, 257. Firestone Tire & Rubber Co. v. Agnew, 466, 593. First Nat. Bank of Belle Fourche, In re, 71. First Nat. Bank of Canton, In re, 613. First Nat. Bank v. Cole, 537. First Nat. Bank v. Lasater, 299. First Nat. Bank v. Pearcy, 730. First Nat. Bank of Atlanta v. Cameron, 240. First Nat. Bank of Beaumont v. Eason, 242. First Nat. Bank of Chicago v. Chicago Title & Trust Co., 640, 644, 657. First Nat. Bank of Denver v. Klug, 617, 604, 735. First Nat. Bank of Miles City v. State Nat. Bank, 614, 618, 644. First Nat. Bank of Pittsburgh v. Guar- antee Title & Trust Co., 507. First Nat. Bank of Wilkesbarre v. Bar- num, 34. First Nat. Bank of Cliicago, E.k parte, 604. First State Bank of Corwith v. Haswell, 98. First State Bank of Milliken v. Spencer, 565. Fisclier, In re, 544. Fishblate Clothing Co., In re, 35. Fisher, In re, 40. Fisher, In re. 473, 730. Fisher, In re, 186, 189, 191. 721. Fisher & Co., In re, 276, 399. are to pages.] Fisher & Co., In ro, 396. Fisher & Co., In re, 478. Fisher v. Cushman, 640. Fisk & Robinson, In re, 239, 243. Fiske & Co., In re J. M., 326. Fitcli V. Richardson, 727. Fite, In re, 392. Fitzgerald, In re, 52, 267. Fi.xen, In re, 108, 130, 131, 336, 337, 537. Flanders, In re, 410. Flanders v. Mullin, 442. Flanders Motor Co. v. Reed, 508. Fleischer, In re, 335, 736. Flickinger v. First Nat. Bank of Van- dalia, 622, 623, 630. Flint Hill Stone & Construction Co., In re, 37, 41. Florcken, In re, 108, 117, 722. Floyd & Co., In re, W. J., 269, 569. Floyd-Crawford & Co., In re, 409, 442. Flynn, In re, 478. Foerst, In re, 337. Fogarty, In re, 229. Folger V. Putnam, 40. Folkstad, In re, 34. Fook Woh & Co., In re, 64. Forbes, In re, 28, 719. Forbes, In re, 187. Forbes, In re, 394. Foreman v. Burleigh, 261, 617. Forsyth v. Hammond, 657. Forth, In re, 456. Fortunate, In re, 410. Foss, In re, 210, 260, 579, 730. Foster, In re, 392, 393. Foster, In re, 440. Foster Paint & Varnish Co., In re, 24. Fourth Nat. Bank of Macon v. Willing- ham, 243. Fowler & Co., In re, 190. Fowler v. Britt Carson Shoe Co., 503. Fowler v. Jenks, 315. Fox, In re, 469. Fox, In re, 477, 478, 486. Francis, In re, 109. Francis v. McNeal, 46. Francis v. McNeal, 616. Frank, In re, 200. Frank, In re, 429, 434. Frank, In re, 642. Frank v. Dickey, 544. XXX TABLE OF CASES. [References Frank v. Michigan Paper Co., 440. Frank v. Vollkommer, 054, 655. Frankel, In re, 202. Frankfort, In re, 19!), 200. Franklin, In re, 392. Franklin Lumber Co., In re, 507. Franklin Lumber Co., In re, 527. Franklin Sugar Refining Co., In re, 139. Franklin Syndicate, In re, 337. Frazin & Oppenheim, In re, 221, 402. Frazin & Oppenheim, In re, 303. Frazin & Oppenheim, In re, 384. Frazin & Oppenheim, In re, 489. Frazin & Oppenheim, In re, 569. Frear, In re, 485. Freche, In re, 443. Freed v. Central Trust Co. of Illinois, 537, 538. Freedman, In re, 392. Freeman, In re, 544. French, In re, 237, 485, 486, 487. Freund, In re, 29, 96, 719. Frey v. Torrey, 238. Frice, In re, 433. Friedman, In re, 200. Friedman, In re, 201. Friedman, In re, 394. Friedman v. Myers, 585. Friedrich, In re, 189. Friedrich, In re, 293. Friedrich, In re, 441. Friend, In re, 487, 615. Friend v. Talcott, 443, 486, 651. Frischberg, In re, 48. Frischknecht, In re, 478. Fritz, In re, 4C0, 462. p-ritz. In re, 601. Froelich Rubber Refining Co., In re, 502 Frost, et al., v. Latham & Co., 131. Fuller and Bennett, In re, 276. Fullick, In re, 324. Fulton, In re, 365. Fulton Club, In re, 34. Funk, In re, 19, 33. Furth V. Stahl, 206. G. Gaddey v. Witt, 442. Gage Co. v. Bell, 49, 62, 77. Gany, In re, 503. Gara, In re, 434. Gardner, In re, 217. are to pages.] Garneau, In re, 20, 32, 92. Gamer & Co., In re, 365. Garrison, In re, 438. Garry v. Jefferson Bank, 435. Gartner, Hancock Lumber Co., In re, 190. Gasser, In re, 433, 717, 733. Gaudette v. Graham, 641. Gay, In re, 26 Gay & Sturgis, In re, 275. Gaylord, In re, 422. Gaylord, In re, 422, 436. Gaylord, In re, 568. Geister, In re, 410, 411. Geller, In re, 199. General Metals Co., In re, 100. Gerber, In re, 188, ?24. Gerdes, In re, 392. Gering v. Leyda, 566. Germania Xat. Bank v. Lachenmaier, 20. Germania Savings Bank & Trust Co. v. Loeb, 569. Gerry, In re, 381, 392. Gerson, In re, 35, 270. Gerstel, In re, 199, 200. Gerstman & Bandman, In re, 508. Getts V. Janesville Grocery Co., 567, 568. Ghiglione, In re, 89, 733. Ghinasin, In re, 477, 487. Gibbons v. Goldsmith, 642. Gibbs, In re, 191. Gift, In re, 436, 440. Gilbertson v. U. S., 73, 609. Gill, In re, 201. Gill V. Farmers' & Manufacturers' Bank, 41. Gillardon, In re, 229, 450. Gillaspie, In re, 544. Gillespie v. J. C. Piles & Co., 503. Gillette, In re, 35. Gillette & Prentice, In re, 34. Gilligan, In re, 506. Gilpin V. Merchants' Nat. Bank, 435. Gilroy & Bloomfield, In re, 206. Ginsberg, In re, 138. Ginsberg, In re, 431, 438, 733, Ginsberg, In re, 434. Girard Glazed Kid Co., In re, 618. Girvin, In re, 236. Gitkin, In re, 536, 537. Gladding Co., In re, B. H., 274. TABLE OF CASES. XXXI [References Clasberg, In re, 434. Glass, In re, 435, 447, 732. r.lazier, In re, 38. Cleason v. O'Mara, 409. Gleason v. Smith, Perkins & Co., 48, 9(3. Cleason v. Thaw, 410. Gleason v. Thaw, 442. Gleason v. Thaw, 442. Glick, In re, 2G7. Glickman & Pisnoff, In re, 460. Glickstein v. U. S., 610. Glisson, In re, 191. Globe Bank & Trust Co. v. Martin, 613. Globe Cycle Works, In re, 408, 410. Globe Laundry Co., In re, 259, 261. Glover Grocery Co. v. Dome, 486. Goble Boat Co., In re, 226, 261, 727. Godshalk Co., E. H., v. Sterling, 434, 436, 438, 439. Godwin, In re, 489, 490. Godwin v. Tuttle, 581. Goldberg, In re, 411. Goldberg Bros., In re, 278, 523. Golden Malt Cream Co., In re, 60. Golden Rule Merc. Co., In re, 190. Goldich, In re, 439. Goldman, In re, 542. Goldman & Co. v. Smith, 59. Gold Run Mining & Tunnel Co., In re, 36, 42, 54, 59. Goldsmith, In re, 392. Goldstein, In re, 340. Goldstein, In re, 474. Goldville Mfg. Co., In re, 229, 544. Gompers v. Buck Stove Co., 536. Good, In re, 614, 643, 644. Good V. Kane, 199, 201. Goodale, In re, 433, 437. Goodhile, In re, 451. Goodman, In re, 721. Goodman Shoe Co., In re, A., 593. Goodman v. Brenner, 616. Goodman v. Curtis, 186, 189, 190, 191, 721. (ioodrich, In re, .>37. Goodwich, In re, 202. Goodwin, In re, 229. Gordon Supply & Mfg. Co., In re, 174, 722. Gordon Supply, etc., Co., In re, 221. (iorman, In re, 37. Gorman v. Littlefield, 287. are to pages.] Gorman v. Wright, 242. Graber v. Gault, 22. Graessler & Reichwald, In re, 201, 641. Grainger, In re, 731. Grainger & Co. v. Riley, 2-43, 615. Grandison v. Robertson, 571. Craning, In re, 200 Granite City Bank of Dell Rapids, In re, 161, 391, 392. Grant, In re, 210, 730. Grant, In re, 431, 733. Grant v. Nat. Bank of Auburn, 560, 570. Grant Shoe Co., In re, F. L., 35. Grant Shoe Co., F. L., v. W. M. Laird Co., 654, 655. Grant Shoe Co., Frederick L., v. W. ^M. Laird Co., 655. Graves, In re, 434. Gray, In re, 579. Gray v. Grand Forks Merc. Co., 262, 615, 621. Greek Mfg. Co., In re, 209, 730. Green, In re, 409. Greenberger, In re, 275. Greenhall v. Hurwitz, 131. Green River Deposit Bank v. Craig Bros., 34. Greer, In re, 199, 201. Gregg V. Mitchell, 33. Gregory, In re, 381. (iregory Co. v. Bristol, 187. Gregory Co. v. Cale, 191. Gretsch v. U. S., 609. Griffin, In re, 490. Griffin Bros., In re, 434, 435, 436, 462. Griffin v. Dutton, 41. Griffin v. Mutual Life Ins. Co. of N. Y., 308. Grignard Lithographic Co., In re, 303. Grimes, In re, 20, 32. Grimes, In re, 221, 293. Crissler, In re, 408. Groetzinger & iSon, In re, 615, 640, 644. Gross, In re, 434. Grossman, In re, 173, 210, 257. Grounds, In re, 443. Grout, In re, 442. Groves, In re, 188, 189. (Proves, In re, 402 Gruber v. Knobloch, 466. Guanacevi Tunnel Co., In re, 20, 24, 92 409. xxxn TABLE OF CASES. [References Guarantee Title & Trust Co. v. Pearl- man, 131, 578. Guarantee Title & Trust Co. v. Title Guaranty & Surety Co., 274. Guasti V. Miller, 21, 467. Guilbert, In re, 433. Guilbert, In re, 436, 437. Gulick, In re, 428, 443. Gurewitz, In re, 274. Gutnian, In re, 408. Gutterson, In re, 365, 622. Gutwillig, In re, 407. H. Haack v. Theise, 21, 717. Haase, In re, 440. Haase, In re, 440. Habegger, In re, 206. Hackney v. Hargreaves Bros., 22, 565. Haesler Kohloff Carbon Co., In re, 89, 113. Haff, In re, 92, 62, 97, 109, 112, 150, 721. Hallcnberg v. Chicago Title & Trust Co., 202, 206, 614. Hahlo, et al., & Burrit v. Cole, 309, Sofi. Halbert v. Pranke, 579. Hale, In re, 72, 423, 429. Hale, In re, 267, 409, 441. Hale V. Henkel, 348. Haley v. Pope, 433. Hall, In re, 411. Hall V. C, B. & Q. R. R. Co., 187. Hall V. Chicago, B. & Q. Ry. Co., 531. Hallin, In re, 37. Ilalper, In re, 442, 46(). Halsell, In re, 434, 438. Halsey Electric Generator Co., In re, 35. Halsey Electric 'Generator Co., In re, 276. Halsey V. Diamond Distilleries Co., 502. Ilammels & Hofman, In re, 230. llamnicrstein, In re, 437. Hamilton, In re, 4.35, 437, 439. Hamilton Automol)il(> Co., In re, 239, 262. Hamilton Automobile Co., In re, 614. Hamilton Furniture Co., In re, 261. Hamilton Furniture etc. Co., In re, 502, 504. Hamilton Nat. Bank of Chicago v. Bal- comb, 568. are to pages.] Hammond, In re, 37, 39. Hammond, In re, 188. Hamrick, In re, 97, 718. Hankinson v. Vantine, 337. Hanna, In re, 438, 447. Hanna v. State Trust Co., 154. Hanover Nat. Bank v. Moysees, 420. Hanover Nat. Bank v. Van Nostrand, 490. Hansen, In re, 462. Hansley & Adams, In re, 28, 46. Hansley & Adams, In re, 719. Hanson, In re, 173, 174, 722. Hanyan, In re, 34. Harder v. Clark, 565. Hardie & Co., In re, 440. Hardie v. Swafford, 440. Hardt v. Schuylkill, etc., Co., 523, 524. Hardy v. Gray, 240. Hare, In re, 174, 176, 315, 722. Haring, In re, 202, 536. Haring, In re, 202, 536. Hark Bros., In re, 38, 736. Hark Bros., In re, 97. Hark Bros., In re, 336, 340. Hark v. C. M. Allen Co., 97. Harmon, In re, 274. Harnden, In re, 267. Harper, In re, 72, 238, 298. Harper, In re, 443. Harper & Bros., In re, 41. Harper v. Rankin, 443. Harr, In re, 439. Harrington, In re, 508. Harris, In re, 20, 44. Harris, In re, 209. Harris, In re, 348. Harris, In re, 365. Harris, In re, 478. Harris, In re, Geo., 109, .348, 610. Harris, In re, W. G., 59, 64, 97, 719, 725. Harris & Algor, In re, 459. Harris Steam Engine Co., In re, Wm. A., 276. Harris, Trustee, etc., v. First Nat. Bank, etc., 554. Harrison Bros., In re, 570, 728. Hart, In re, 348. Hart & Co., In re, 544. Hart & Co., In re, 734. Hart man v. John Peters & Co., 41. Hart-Parr Co. v. Barklev & Patton, 641. TABLE OF CASES. XXX 111 [References Ilartsoll, In re, 188. llartzi'l, Matter of, 613. Harvey, In re, 477, 478. Harvey v. fiartner, 8!). Haskell, In re, 271>. Haskell, In re, 454. Hassenbusch, In re, 597. Hatch, In re, 188. Hatcher, In re, 720. Hatcm, In re, 2.')!), 280. Hathorn, In re, 337. Hawk, In re, 462. Hawkins, In re, 379. Hawkins, In re, 725. Hawley, In re, 215, 257. Hawley, In re, 271. Hawley, In re, 402. Hayden, In re, 201. Hayden, In re, 337. Hayer v. Comstock, 270. Hayes, In re, 161. Haynes & Sons, In re, 460. Hays, In re, 546. Hays V. Wagner, 36, 53. Ilayward Export Co.. W., v. Lee, 275. Haywood Co. v. Pittsburgli Industrial Iron Works, 503. Hazard ^Ifg. Co. v. Brown, 21. Hcbbart, In re, 20. Heckathorn, In re, 502, 507. Hecker-Jones-Jewell Milling Co. v. Stras- bourger, 502, 503. Hecox, In re, 640. Hecox V. County of Teller, 276. Hecl)iier, In re, 223. Hegner v. American Trust & Savings Rank, 642. Heim Milk Product Co., In re, 110, 132, 272. Heine & Co., In re, Arnold P.., 231. Heinsfurter, In re, 50. ileintz. In re, 199. Helekcr Bros. Mercantile Co., In re, 41. Hemstreet, In re, 345, ,360. Henderson v. Mayer, 277. Hendrick, In re, 434, 447. Hcnnan, In re, 567. Hennebry, In re, 437. Henrie v. Henderson, 554. Kcnrie v. Henderson, 5,54. Henschel, In re, 173. 176. 722. Henschel, In re, 173, 722. are to pages.] Henschel, In re, 173, 732. Henschi'l, In re, 337. Henschel, In re, 423, 730. Henschel, In re, 645. Herbold, In re, 190. Hercules Atkin Co., Ltd.. In re, 34. Herr, In re (No. 1), .137. Herrman, In re, 423. Herron Co., R. H., v. Moore, 569. Hersey, In re, 270. Hershberger, In re, 271. Herskowitz, In re. 1'.)!). Herzikopf, In re, 35, 37, 717. Herzikopf, In re, 64. Hess, In re, 348. Hewitt V. Berlin Machine \\()rks. 613, 650. Hewitt V. Boston Strawboard Co., 566. Heyman, In re, 195. Heyman, In re, 537. Heyman v. Third Nat. Bank of J. C, 270, 567. Hicks, In re, 326. Hicks, In re, 407, 409. Higgins, In re, 523. Hilborn, In re, 469. Hildebrant, In re, 502. Hildreth Granite Co. v. City of Water- vliet, 525. Hildreth Granite Co. v. City of Water- vliet, 525. Hill, Ex parte, 408. Hill, In re, 187. Hill, In re. 260. Hill V. Levy, 59. Hill Co., In re, 502. Hill Co., In re, T. E., 108, 139, 143. Hill Co., In re, T. E., 616, 620. 623. Hill Co., T. E., v. Contractors, etc., Co., 113. Hill Co., T. E.. V. r. S. Fidelity & (Guar- anty Co., 108, 112, 113. Hill, Receiver, v. Western Pllectric Co., 42. Hills & Hills, In re, 277. Hills & Sons, In re. William, 269. Hills V. McKinness Co., 32. 93. Hilton, In re, 408, 601. Hilton, In re, 732. Hinckel Brewing Co.. In re. 261. 271. Hinds V. Moore, 613. Hines, In re, 30, 186, 188. XXXIV TABLE OF CASES. [References Nines, In re, 89, 112, 733. Hines, In ro, 241, 242, 568. Hintze, In re, 90. Hirsch, In re, 434. Hirschmann, In re, 268. Hirshowitz, In re, 436. Hirth, In re, 269. Hiscock V. Varick Bank, 243, 408, 736. Hitchcock, In re, 229. Hiteshue v. .Jones, 442. Hixon, In re, 434, 447, 732, 733. Hobbs V. Head &, Doust Co., 650. Ilobbs V. Head & Doust Co., 651. Hockman, In re, 422, 448. Hodge, In re, 439. HoflFschlaeger Co. (Lim.) v. Young Xap, 47. Hoffschlaeger Co. (Lim.) v. Young Xap, 113, 733. Hoffschlaeger Co. (Lim.) x. Young Xap, 598. Holden v. Stratton, 644, 645, 650, 657. Hollander, In re, 224. Hollins, In re, 287. Holman, In re, 431, 434, 447, 732. Holmes, In re, 422. Holmes, In re, 642. Holmes v. Baker & Hamilton, 39. Holt V. Henley, 508. Home Discount Co., In re, 209, 407, 730. Home Powder Co. v. Geis, 44, 54. Hooks Smelting Co., In re, 337. Hooks V. Aldredge, 41. Hoover, In re, 462. Hopkins, In re, 202. Horgan & Slattery, In re, 337. Home, In re, 239. Horner^aylord Co. v. Miller & Bennett, 579, 581. Hornstein, In re, 35, 36. Houck V. Cristy, 208, 580. Houghton V. Burden, 613, 617, 730. HoTighton V. Rtiner, 564. Howard, In re, 268. Howard, In re, 309. Howard, In re, 335, 336, 536. Howard, In re, 439. Howard v. Cunliff, 429. Howe Mfg. Co., In re, 260. Howell, In re, 35. Hoxie, In re, 489. Hoy, In re, 33. are to pages.] Hoyt, In re, 324, 731. Hoyt & Mitchell, In re, 290, 728, 730, 731. Huddleston, In re, 722. Hudson Clothing Co., In re, 618. Hudson Porcelain Co., In re, 250. Hudson River Electric Power Co., In re, 54, 60. Hudson River Electric Co., In re, 657. Hughes, In re, 34, 579. Hull V. Burr, 71. Hull V. Burr, 306. Hull V. Burr, 314. Hull V. Burr, 411. Hull V. Hudson, 577. Humbert, In re, L., 53, 73. Huntington v. Baskerville, 191, 570. Hunt, In re, 37. Hunt, In re, 580. Hunt V. Doyal, 577. Hunt V. Sharkey, 593. Iluntenberg, In re, 275. Hurley, In re, 274. Hussey v. Judson, 466. Hussey v. Richardson-Roberts Dry Goods. Co., 62, 72, 568. Hutchinson v. Leroy, 641. Hutchinson v. Otis, 2.39, 240, 613, 616, 644. Hutchinson v. Otis, 650. Huttig Mfg. Co. V. Edwards, 71, 568, 731. Huttig Sash & Door Co. v. Stitt, 642. Hyde & Co., In re, 97. Hyde v. Woods, 381. Idsall, In re, 438. Imperial Brew. Co., In re, 270. Independent Thread Co., In re, 35. Ingalls Bros., In re, 237, 715, 724, 727. Inge V. Stillwell, 443. Ingram v. Ingram Dart Lighterage Co., 109. Ingram v. Wilson, 188, 640. Inman & Co., In re, 270. Inman & Co., In re, 270. International Harvester Co. v. Carlson, 456, 722, 736. International ^Tilling Co., In re, 271. Interstate Paving Co., In re, 525. Irion v. Knapp, et al., 21. Irish V. Citizens Trust Co. 571. TABLE OF CASES. XXXV [References are to pages.] Iron Clad Mfg. Co., In re, 70. Iron Clad Mfg. Co., In re, 201. Irwin, In re, 186. Isaacson, In re, 126, 138, 139. Isaacson, In re, 340, 728. Isaacson, In re, 71 se- lves. In re, 92, 616, 640. Iwanaga, In re, 735. J. Jacobs, In re, 641, 644. Jacobs, In re, 435. Jacobs & ano.. In re, 436. Jacobs V. George, 620. Jacobs & Roth, In re, 174, 339. Jacobs V. SiflF, 490. Jacobson, In re, 59. Jacobson & Son Co., In re, B. 490. Jamaica Slate Roofing & Supply Co., In re, 89. James, In re, 436. James Supply & Hardware Co. v. Dayton Coal & Iron Co., Ltd., 42. James v. Gray, 260. James v. Stone, 436. James v. Stone & Co., 650. Jamieson, In re, 221. Jamieson, In re, 435. •lanavitz, In re, 438. Jarecki Mfg. Co. v. McElwaine, 72. Jassoy Co., In re, 594. Jcffers, In re, 191. Jeflferson, In re, 338. Jefferson Casket Co., In re, 22, 24. Jehu, In re, 20, 336. Jenkins, In re, 270. Jennings v. Wm. A. Stannus & Son, 190. Jennison Mercantile Co., In re, 52, 643. Jersey Island Packing Co., In re, 298, 408. Jersey Island Packing Co., In re, 496. Jewett Bros. v. Huffman, 187. Jobbins v. Montague, 93. Johansen Bros. Shoe Co. v. Alles, 59. Johnson, In re, 33. Johnson, In re, 243. Johnson, In re, 422, 449. Johnson, In re, 447, 733. Johnson, In re, 508. Johnson, In re, 50S. Johnson v. Knox Lumber Co., In re, 345, 537. Johnson v. Dismukes, 581. Johnson v. Hanley Hoy Co., 564. Johnson v. Norris, 237, 430. Johnson v. United States, 21, 22, 609, 610. Johnson v. United States, 609. Johnson v. United States, 610. Johnst-on v. For8ji;h Mercantile Co., 578, Johnston v. Forsyth Mercantile Co., 580. Jones, In re, 55, 736. Jones, In re, 278. Jones Bros. & Co., In re, 277. Jones V. Aug. Wright Co., 39. Jones V. Coates, 42. Jordan, In re, 441. Jordan v. Bridges, 319. Joseph V. Markley, 319. Joseph V. Raff, 319. Josephs, In re, 439. Josephs V. Powell & Co., 439. Julius Bros., In re, 72, 441. .Julius Bros., In re, 441. Junck & Balthazard, In re, 28, 719. Jungman & Co., Inc., In re, 365, 613. K. Kahn, In re, 474. Kahn, In re, 536. Kaiser, In re, 434, 447, 450. Kajita, In re, 290. Kalb & Berger Mfg. Co., In re, 132, 133. Kallak, In re, 276. Kalter, In re, 290. Kane, In re, 200. Kanter & Cohen, In re, 13*3. Kanter & Cohen, In re, 337. Kaplan, In re, 18G. Kaplan, In re, 495, 496. Kaplan Bros., In re, 338, 536, 728. Karger v. Orth, 443. Karp, In re, 538. Karp, In re, 546. Kassel, In re, 39. Kauffman v. United States, 609. Kaufman, In re, 72. Kaufman, In re, 97. Kaufman, In re, 173, 176. Kaufman, In re, 430. Kaufman, In re, 259. Kaufmann, In re, 186. Kaufman v. Lindner, 466. Kaupisch Creamery Co., In re, 524. Kavanaugh v. Mclntvre, et al., 442. XXXVl TABLE OF CASES. [References ar Kavanaugh v. Mclntyre, et al., 442. Kayser, In re, 570. Kearney Bros., In re, 306. Keek Mfg. Co., H. v. Lorsch, 618. Keefauver v. Hevenor, 443. Keefer, In re, 439. Keet, In re, 391, 392. Keeton, Stell & Co., In re, 270. Kehler, In re, 19, 33, 70. Keith-Garra Co., In re, 277. Keith, Trustee v. Gettysburg National Bank, 567. Keller, In re, 230, Keller, In re, 338. Keller, In re, 394. Kelley, In re, 478. Kellogg, In re, 2G2. Kelly, In re, 103. Kelly, In re, 188. Kelly, In re, 442. KeUy Drj- Goods Co., In re, 53, 123, 133, 139, 173, 259, 365, 730. Kelsey v. Munson, 236. Kemp, In re, 523. Kemper, In re, 240. Kendrick & Co., In re, C. H., 433, 733. Kennedy Tailoring Co., In re 42. Kenney, In re, 523, 526. Kenney, In re, 526. Kenney & Co., In re, 173, 176, 271, 722, 736. Kenova Loan & Trust Co. v. Graham, 641, 643. Kentucky National Bank v. Carley, 447. Kentucky National Bank v. Carley, 462. Kenwood Ice Co., In re, 20, 24. Kenyon, In re, 208, 241, 502. Keppel & Tiffin Savings Bank, 240. Kerber, In re, 345. Kerlin, In re, 570. Kerrch v. United States, 609, 610, 655. Kerstcn, In re, 54. Kessler, In re, 366. Kessler & Co., In re, 24)3. Kessler, et al., In re, 237, 239. Kessler v. Ilcrklotz, 308. Ketchum, In re, 597. Ketterer Mfg. Co., In re, 141, 143. Kettercr Mfg. Co., In re, 173. Ketterer Mfg. Co., In re, 396. Keyes, In re, 239. Keystone Warehouse Co. v. Bissell, 566. e to pages.] Kiendl, as trustee, etc. v. DubrofT, 319. Kimball, In re, 237. Kimmel, In re, 215. Kimmerle v. Farr, 568. Kindt, In re, 49. King, In re, 70, 77. King V. Bloch Amusement Co. 524. King Motor Co., In re, 508. Kingsley, In re, 20. Kinkcad v. J. Bacon & Sons, 478. Kinnane, In re, 469. Kinnane, In re, 490. Kinsey Co., In re E. A., 392. Kirkpatrick, In re, 139. Kirkpatrick v. Harnesberger, 613. Kirsner v. Taliaferro, 199. Kiskadden v. Steinla, 594, 615. Klein & Co., In re, 547. Klein v. Powell, 435. Kleinhaus, In re, 408. Klftchka, In re, 410. Klinger v. Hyman, 580. Knapp V. Milwaukee Trust Co., 613, 651, 736. Knapp V. Milwaukee Trust Co., 651, 736. Knapp & Spencer Co. v. Drew, 202, 215, 722, 730. Knaszak, In re, 435, 454, 456. Knauer, In re, 422. Knauth, Nachod & Kulme v. Latham & Co., 567. Knopf, In re, 108, 581, 722. Knopf, In re, 580. Knosher & Co., In re Chas., 139, 402. Knott V. Putnam, 732. Knox, In re, 176. Knox Auto Co., In re, 375, 725. Kobusch V. Hand, 565, 570. Koenig, In re, 729. Kohler, In re, 224, 579. Kohl-Hepp Brick Co., In re, 393. Kohn V. United States, 610. Kolber, In re, 190. Kornit Mfg. Co., In re, 202. Koronsky, In re, 410. Kovoloff V. United States, 610. Kramer, In re, 201. Kravcr v. Abrahams, 578. Krecume, In re, 294, 724. Kreith'in v. Ferger, 21, 429, 467. Kreitlein v. Ferger, 21, 429, 467. Kretsch, In re, 434. TABLE OF CASES. xxxvn [References Kretz, In re, 440. Kreuger, In re, 174, 722. Krinsky, In re, 411. Kronfeld v. Liebman, 319. Kronrot, In re, 396, 402. Kross, In re, 206, 229. Kuffler, In re, 176. Kiiffler, In re, 262, 336, 423. Kuffler, In re, 423. Kuffler, In re, 423. Kuffler, In re, 423. Kuffler, In re, 614, 615, 644. Kugler Syndicate, In re, 268. Kuntz V. Young, 423. Kurtz, In re, 209, 730. Kyie Lumber Co. v. Bush, 100, 613. Kyte, In re, 138. Kyte, In re, 440. Kyte, In re, 457. Lacey & Co., In re, 735. Lachenmaier, In re, 441. Lackawanna Leather Co. v. La Porte Carriage Co., 89. Laflerty & Bro., In re, 258. La France Copper Co., In re, 378. Lake Jackson Sugar Co., In re, 33. Lamson Consol. Store Service Co. v. Bowland, 268. Landis, In re, 201. Landis, In re, 239, 508. L. & K R. R. Co. V. Bryant, 442. Landry v. Andrews, 565. Lane, In re, 486, 487. Lane Lumber Co., In re, 229. Lane Lumber Co. Ltd., In re, 525. Lang, In re, 97. Lange, In re, 340. Lange Co., In re Otto F., 240. Langford, et al.. In re, 231, 735. Langslow, In re, 26, 734. Lans, In re, 201. La Plume Milk Co., In re, 109, 200. Larkin, In re, 38. Lasch, In re, 200. Lasch, In re, 462. Laskaris, In re, 37, 736. Lathrop Bank v. Holland, 570. Lathrop, Haskins & Co., In re, 237, 239. Lathrop, Haskins & Co., In re, 286. Lathrop, Haskins & Co., In re, 337. are to pages.] Latimer v. McXeal, 109. Laughlin, In re, 29, 71, 423, 429. Lavoc, In re, 77. Lavoc, In re, 113, 139. Law, In re, 174. Lawrence, In re, 409. 410. Lawrence, In re, 617. Lazarus v. Eagen, 70. Lazarus, et al. v. Prentice, ancillary re- ceiver, 650. Lazoris, In re, 175. Leavitt & Grant, In re, 613. Lederer, In re, 88, 423. Lee, In re, 240. Lee, In re, 641. Leech, In re, 190, 566. Leibowitz, In re, 238. Leicester v. Hoadley, 443. Leidigh Carriage Co. v. Stengel, 38, 59. Leinweber, In re, 200. Leland, In re, 33. Lemon, In re, 32. Lennox v. Allen Lane Co., et al., 654. Lenoir-Cross & Co., In re 26, 719. Lenters, In re, 736. Lenweaver, In re, 754. Lesaius v. Goodman, 641. Lesher & Son, In re, T. M., 209, 730. Leslie, In re, 451. Lessaius, In re, 642. Lesser, In re, 640, 641. Lesser Bros., In re, 410, 722. Lesser, In re J. S., 437. Lesser v. Bradford Realty Co., 564, 565. Letson, In re, 02, 72, 191. Leverton, In re, 18S, 724. Leverton, In re, 312. 326. Levey, In re, 433, 439, 448, 733. Levi & Klauber, In re, 53, 720. Levi & Picard, In re, 503, 504. Levi & Picard, In re, 503, 504. Levin, In re, 338. Levin, In re, 733. Levingston, In re, 37. Levor v. Seiter, 523, 526. Levy, In re, 30, 192. Levy, In re, 261, 727, Levy, In re, 474. Levy, In re, 489. l^evj & Sons Co., In re D., 269. Levy Outfitting Co., Ltd., In re Francis, 48, 93. XXXVlll TABLE OF CASES. [References Levy Outfitting Co., In re F., 229, 544. Lewensohn, In re, 173, 174, 176, 729. Lewensohn, In re, 238, 601, 721, 73'2. Lewensohn, In re, 259, 261, 729. Lewin, In re, 206. Lewin, In re, 438. Lewin, In re, 4G0. Lewis Eck & Co., In re, 261. Lewis, In re, 438, 439. Lewis, In re, 503. Lewis, In re E. B.. 275. Lewis V. Bishop, 580. Lewis V. Julius, 580. Liddon & Bro. v. Smith, 613. Liesum v. Krauss, 21, 717. Linck Cons. Co., In re John M., 644. Lindeke v. Converse, 423, 434, 641. Linker, In re, 438. Linton, In re, 208, 258. Lipke, In re, 597. Lipman, In re, 160. Lipman, In re, 21. Lipman v. Stein, 21, 188. Lipphart, In re, 20. Lipset Co., In re, 728, 736. Lisk Mfg. Co., In re, 54. Little, In re, 441. Littlefield, In re, 391, 393. Livingston Co., In re John H., 259, 262. Lloyd, In re, 173. Loekman v. E.xchange Bank, 187, 191. Lockman v. Lang, 59, 617, 618, 622, 623. Ix)ckman v. Lang, 618, 620, 622, 655. Loden, In re, 190, 236. Ijoeser v. Dallas, 161. Logan, In re, 199. Logan, In re, 435. Longbottom & Sons, In re, 200. Long v. Farmers' State Bank, 622, 654, Ix)omis V. Wallblom, 72. Lorch k Co., In re S. Z., 210, 243. Loughney, In re, 720, 735. Louisiana Nat. Life Ass'n Soc. v. Segen, 38. Louisville Trust Co. v. Comminger, 546 547, 614, 657. Love V. Export Storage Co., 208, 554. Loveless v. Southern (irocer Co., 546. Lovell V. Isidor Newman & Son, 650. Ix)vell V. Latliam, 555. Lovoll V. Latham, 565. Loving, In re, 615, 644. are to pages.] Lowenstein, In re, 436. Luby, In re, 188. Lucius, In re, 188. Lucius V. Cawthorn-Coleman Co., 650. Ludeke, In re, 531. Ludlow V. Pugh, 277. Ludvigh V. American Woolen Co., 506. Ludvigh V. American Woolen Co., 573, 585. Luftig, In re, 437. Lutfy, In re, 38. Lynan, In re, 71, 92. Lynch, In re, 186. Lynch v. Bronson, 238. Lynch v. Bronson, 555. Lyon, In re, 261, 727. Lyon v. Wallace. 579. Lyons Beet Sugar Refining Co., In re, 240, 270. M. McAllister-Newgord Co., In re, 243. McBryde, In re, 238. McCabe v. Patton, 270. MeCall, In re, 487, 604, 618. McCallum, In re, 305. McCallum & McCallum, In re, 239. LtcCann, In re, 436. IMcCann v. Evans, 277. McCarthy, In re, 446. McCarthy Portable Elevator Co., In re, 237. McCarthy v. Coffin, 613. McCauley, In re, 267. McCauley v. .Jackson, 296, 324. McChristal v. Clisbee, 442. McClintock, In re, 21, 187, 189, 293. McConnell, In re, 22. McCormick, In re, 199. McCormick v. ,Solinsky, 490. ilcCracken & McLeod, In re, 544. :\IcCrca, In re, 22, 436. IMeCreery & Co. v. Brown, 22. ilcCruni, In re, .■)46. , McCubbin Co., In ro C. J., 231, 729, 735. MoCuUock V. Davenport Savings Bank, 728. McDavid Lumber Co., In re, 27ow McDaniel v. Stroud, 617. McDonald, In re, 93. McDonald, In re, 503. McDonald & Sons, In re C. J., 569, 570. TABLE OF CASES. XXXIX [References McDonald v. Brown, 442. McDonald v. Taylor & Co^, 486. McDonald v. Tefft Weller, 19, 33. McDutr, In re, 449, 721. McKldowncy v. Card, 554. McElvain v. Hardesty, 571. McEwen v. Totten, 503. MoFaun, In ro, 72, 428. McGahan v. Anderson, 187, 1?8. ilcGeo, In re, 567. McGill, In re, 173, 174. McGurn, In re, 434. Mclntyre & Co., In re T. A., 259. IMcIntyre & Co., In re, 267. Mclntyre & Co., In re T. A., 286, 287, 736. Mclntyre & Co., In re T. A., 287. Mclntyre & Co. (Pet. of Pippey), In re, T. A., 287. McKane, In re, 112. McKane, In re, 437, 440. IMcKee, In re, 20. ircKee, In re, 541. McKee v. Preble, 22, 466. McKenny v. Cheny, 187. McKenzie, In re, 89, 733. McKonzie, In re, 394, 640, 642. McKey v. Cochran, 573. McKey V. Smith, 579. McKibbon, Driscoll & Dorsey v. Haskell, 438. McLellan, In re, 490. IMoLish V. Roff, 664. McMahon, In re, 392, 640, 644. McMahon v. Pithan, 578. IMcMurtrey & Smith, In re, 72. McNaboe v. Columbian Mfg. Co., 567, 569. INIcNally, In re Tliomas, 44. JlcXally, In re Thomas, 54. McXamara, In re, 434. McXeal v. Folk, 60, 70. McXiel V. U. S., 608. McX-ulty V. Feingold, 580. McVoy Hardware Co., In re, 487. Maas V. Kuhn, 411, 531. IVIacDonald v. Tcfft-Weller Co., et al., 33. Machin, In re, 722. Mackeller, In re, 173, 176. Mackay v. Randolph JNIacon Coal Ck)., 267. Mackeller, In re, 173, 176. Mackel v. Rochester, 337. are to pages.] Mackel V. Rochester, 409, 410. Mackey, In re, 21, 32. Mackey, In re, 44, 52. Mackissac, In re, 187, 188. Madden, In re, 640. Madson (Steel Co., In re, 161, 356. Magee v. Fox, 565. Magen, In re, 537. Magen & Magen, In re, 451. Magen Bros. Co., In re, 431, 438, 733. Magen v. Campbell, 537. Magid-Hope Silk ilfg. Co., In re, 44, 48. Maher, In re, 441. Maher, In re, 531. Mahler, In re, 271. Mahoney, et al. v. Ward, 21, 717. Maier v. Maier, 444, 460. Malino, In re, 174. Malloch V, Adams, 309. Malschick, In re, 338. Mammoth Pine, etc., Co., In re, 52. Mammoth Pine Lumber Co., In re, 139, 729, 731. Mandel, In re, 22, 33. Mandell & Co. v. Levy, 485. Mangan, In re, 174. Manhattan Brush Mfg. Co., In re, 238. Manhattan Ice Co., In re, 35. ]Manistee Watch Co., In re, 392. Manning, In re, 185. Manning, In re, 189, 293, 724. Manning, In re, 546. Manson v. Williams, 71. Maplecroft Mills, In re, 42. Maples, In re, 428, 443. Marble Products Co., In re, 547. Marcus, In re, 233. ]\Iarcus, In re, 345. Marcus, In re, 601, 732. Marcus & Scherr, In re, 437, 438. Marcus & Scherr, In re, 437, 438. Marengo Mercantile Co., In re, 209, 503. Margulies, In re, 174. Marine Machine, etc, Co., In re, 44, 53. Marks, In re, 202, 209, 730. Martin, In re, 229. Martin, In re, 272. Martin, In re, 393. Martin, In re, 478. Martin, In re, 567. Martin, In re, 619. Martin v. Bigelow. 566. Martin v. Orgain, 271, 277. xl TABLE OF CASES. [References ar Martin v. Spencer, 103. Marshall Field & Co. v. Wolf & Bro. Dry Goods Co., 487. Marshall Paper Co., In re, 428, 429. Mason, In re, 30, 186. Mason, In re, 49, 71, 92, 422. Mason v. Xat. Bank of Little Falls, 566, 570. Mason v. St. Albans Furniture Co., 274. Mason v. Wblkowich, 109, 365, 613, 644. Mathews Consol. Slate Co., In re, 32, 44. Matson, In re, 33. Matthews, In re, 396. Matthews, In re, 720. Mattley v. Wolfe, 579. Mauzy, In re, 462. Maxson, In re, 186, 189. Maxwell v. Martin, 238, 441. Mayer, In re, 229. Mayer, In re, 338. Mayer, In re, 437. Mayer, etc., In re, 408. Maynard & Co., In re J. E., 188. Maynard v. Hecht, 664. Mays, In re, 547. Maytag^Mason Motor Co., In re, 486. Meadows, In re, 231. Meadows, In re, 326. Meadows, Williams & Co., In re, 555. Mechanics-American Xat. Bank v. Cole- man, 270. ^ledina Quarry Co., In re, 237, 727. Medina Quarry Co., In re, 544. Meier, In re, 201. Meisel & Co. L. v. Xat. Jewelers' Board of Trade, 257. Mellen, In re, 339. Mercedes Import. Co., In re, 410. Mercer, In re 278. Merchants' Xat. Bank. etc. v. Cole Adm., 617. Mercur, In re, 97. Meredith, In re, 190, 242. Mero, In re, 37, 434. Merritt Cons. Co., In re, 175. Merritt v. Halliday, 564. Merry, In re, 187. ^lersman. In re, 305, Mertens, In re, 644. :Mertins & Co., In re, 230, 243. IVfertens & Co., In re J. M., 400. Merwin & Willougliby Co., In re, 268. e to pages.] ^tessengill, In re, 474. Metallic Specialty INIfg. Co., In re, 402. Metals Extraction & Reiining Co., in re., 113. Metcalf V. Barker, 410, 523, 722. Metropolitan Jewelry Co., In re, 275. Metropolitan Motor Car Co., In re, 139. Metropolitan Store & Saloon Fixture Co., In re, 309. Meurer, In re, 430. Mexico Hardware Co., In re, 261, 727. Meyer, In re, 29, 41, 46. Meyer, In re, 238, 541. Meyer & Bleuler, In re, 277. Meyer Drug Co. v. Pipkin Drug Co., 644. Meyers, In re, 71, 429. Meyers, In re, 436. Meyers, In re, 462, 463. Michaelis & Lindeman, In re, 201. Michaels, In re, 536. Miers, In re, 457. Miles Paint Mfg. Co., In re, 38. Milgram v. Ost, 433, 434, 435. Milkman v. Arthe, 573. Milkman v. Arthe, 573, 579. Milkman v. Arthe, 573, 579. Millan v. Exchange Bank of Mannington, 32, 96. Miller, In re, 97. Miller, In re, 429. Miller, In re, 435. Miller, In re, 436, 439. Miller, In re, 440. Miller, In re, 536. Miller Bros. Oroc. Co., In re. 268. Miller Elect. Maintenance Co., In re, 593. Miller v. Cuasti, 467. Mills Co., In re, 568. Mills V. J. II. Fisher & Co., 41, 46. 618. Mills V. Virginia-Carolina Lumber Co., 243, 392. Milne :\rfg. Co., In re, 379, 402, 725. Milne, Turnbull & Co., In re, 174. Mimms & Parham, In re, 201. Miner, In re, 237. Miner's Brewing Co., In re, 2.39, 392, 393, 394. Mintzer, In re, 434, 447. Mishawaka Woolen Mfg. Co. v. Smith, 507. TABLE OF CASES. xli [References Mishawaka Woolen Mfg. Co. v. Westveer, 507. Mitchell, In re, 188. Mitchell, In re, 3!>6. Mitchell, et al., In re, 32. Mitchell, et al.. In re, 70. Mitchell V. Mitchell, 578. .Alitchell V. United States, 32. Mitchell Store Building Co. v. Carroll, 650. :Mize, In re, 200. Moark-Xemo Const. Mining Co., In re, 40. Moch V. Market St. Nat. Bank, «70. Moehs V. Rechnitzer, 113. Moench & Sons, In re 54. Moench & Sons, In re 59. !Moench & Sons, In re 54, 71. Monarch Acetylene Co., In re, 526. Monarch Corporation, In re, 593. Moncrief Mfg. Co., In re, 278. Monroe & Co., In re J. M., 190. Monsarrat, (Xo. 1) In re, 374, 722. Monsarrat, (Xo. 2) In re, 221, 324. Montello Brick Works, In re, 269. ^lontgomery. In re, 259. Moody, In re, 108. ]\Ioore, In re, 201. Moore, In re, 268. Moore & Bridgeman, In re, 324, 641. Moore v. Crandall, 259. :Moore v. Green, 408, 640. 3Iorales, In re, 35. Morehouse v. Pacific Hardware & Steel Co., 644. Morgan, In re, 447. Morgan v. Benedum 618. ^rorgan v. First Xat. Bank, 641. Morris, In re, 169, 17,5, 236. ^lorris. In re, 229. Morris, In re 507. Morris, In re, 555. Morris v. Talcott, 439. ^lorrison. In re, 71. Morse, In re, 38, 408. Morse Iron Works & Dry Dock Co., In re, 326. !Moschkovitz v. Wagner, 486. Mosher, In re, .i80. Moss V. Franklin Coal Co., 64. Moulton V. Colnirn, 36, 47. Mound Mines Co. v. Haw-thorne, 614. are to pages.] Mowery, In re, 240. Mudd, In re, 447. Mueller, Trustee & Co., In re, 615, 644. Mueller v. Bruss, 577, 578, 579. Mueller v. Goerlitz, 21. Mueller v. Xugent, 117, 537, 641, G51, 657. Muhlhauser Co., In re, 326. Muhlhauser Co., In re, 381. Muir, In re, 42. :\IuIford V. Fourth St. Xat Bank, 640, 641. Mullen, In re, 200, 580. Muncie Pulp Co., In re, 130. Munger Vehicle Tire Co., In re, 44. Munger Vehicle Tire Co., In re, 593. Munro, In re, 410, 443. Munsuri v. Fricker, 645. Murphy-Barbee Shoe Co., In re, 502. Murphy, In re, 35. Murphy 2nd v. John Hofman Co., 133. Murphy v. Blumenreich, 466. Murray, In re, 28, 73, 719. Murray, In re, 454. Murray & Winters, In re, 719. Murray v. Joseph, 201, 577. Muschel V. Austern, 365. Musica & Son, In re, 161, 202. Musica, et al. v. Prentice, 202. Muskoka Lumber XTo., In re, 238. Mussey, In re, 191. Mustin, In re, 408. Mutual Mercantile Agency, In re, 53. Myers, In re, 384. Myers & Charni, In re, 239. Myers Co. S. F. v. Tuttle, 384. Myers-Wolf Mfg. Co., In re, 365, 384. N. Nachman, In re, 337, 441. Nassau, In re, 569. Nathanson, In re, 433, 435, 437. Nathanson, In re, 447, 733. National Bank of Commerce v. Carbon- dale :\rachine Co., 50S. National Boat & Engine Co., In re, 338. National Bank of Newport v. Nat. Her- kimer Bank of Little Falls, 570. National Bank v. Katz, 721. National City Bank of N. Y. v. Hotch- kiss, 567. xlii TABLE OF CASES. [References are to pages.] Xational Hotel & Cafe Co., In re, 39. Xational Lumber Co., In re, 569. National Marble & Granite Co., In re, 274. Xational Mercantile Agency, In re, 131, 161. Xational Mining Exploration Co., In re, 366, 396, 402. Xational Pressed Brick Co., In re, 630. Xational Surety Co. v. Medlock, 71, 442. Xauman Co. v. Bradshaw, 503, 614. Xeal, In re, 189. Xeasmith, In re, 64, 614, 654. X'eely, In re, 408. Xeely, In re, 441. Xeff, In re, 267, 270. X'elson, In re, 437. Xelson, In re, 507. Xelson & Bro. Co., In re, 109, 161, 524. Xelson V. iSvea Publishing Co., 526. Xeuburger, Inc. In re, Louis 546. Xeustadter et al. v. The Chicago Dry Goods Co., 70, 75, 89. Xevada-Utah Corp., In re, 366, 396, 725. Xevada-Utah Mines & Smelter Corp., In re 366, 375. Xewberry Shoe Co. v. Collier, 191. Xewbury v. Dunham, In re, 438. Xew Chattanooga Hardware Co., In re, 20. Xewcomb v. Biwer 573. Xew England Piano Co., In re, 391, 392, 393. Xew England Thread Co., In re, 274. X"ew Foundland Syndicate, In re, 593. Xew Foundland Syndicate, In re, 593. X*ew Hampshire Savings Bank and ano. V. Varner & ano., 613. Newland v. Zodikow, 555. Xew River Coal Land Co. v. Ruffner Bros., 407, 411. Xew River Coal Land Co. v. Ruffner Bros., 409. X'ewton, In re, 315, 541, 542. Newton & Co., In re E. W., 507. X'ew York Building Loan Banking Co., In re, 34. Xew York Commercial Co., In re, 504. X'ew York Econ. Printing Co., In re, 643. Xew York & Philadelphia Package Co., In re, 393. X'ew York Tunnel Co., In re, 237. Xew York Tunnel Co., In re, 268, 409. Xew York Institution, etc. v. Crockett, 466. Xeyland & McKeithen, In re, 440. Xiagara Contracting Co., In re, 92. Xice & Shrieber, In re, 174. Xicholls, In re, 210. Xinth Xat. Bank v. iMoses, 308. Xippon Trading Co., In re, 210, 730. Xixon, In re, 112. Xixon V. Fidelity & Deposit Co., 113. Noel, In re, 239. Noethen, In re, 508. Xoethen, In re, 508. Xorcross, In re, 35. Xorfolk & West R. Co. v. Graham, 238. North Carolina Car Co., In re, 276. Northampton Portland Cement Co., In re, 54. Xorthampton Portland Cement Co., In re, 396, 485. Xorthrup, In re, 411. Xorth West Fixture Co. v. Kilboume & Clark, 268. Xorton, In re, 48, 93, 717. Xovak, In re, 35. Xovak In re, 190. Xoyes Bros., In re, 243, 617. Xunemaker, In re, 191, 724. Xunn, In re, 189. Xusbaum, In re, 39, 97. Xuttall, In re, 409. O. Oakland Lumber Co., In re, 108, 150. Oakley, In re, 206. O'Brien, In re, 508. O'Brien v. Ely, 614, 6'17. O'Callaghan, In re, 490. OTonnell, In re, 229. O'Connell, In re, 643, 645. O'Connor, In re, 502. O'Connor, In re, 502. O'Connor v. Sunseri, 323. Octave Mining Co., In re, 209, 210, Odell V. Boydcn, 644. Off V. Hakes, 241, ,564, 508. Ogden V. Reddish, 569. Ogles, In re, 59. O'Hara, In re, 180, 187. Ohio Valley Bank Co. v. Mack, 229, 617. 730. 259. TABLE OF CASES. xliii [References Ohio Valley Bank Co. v. Switzer, 616, C40. Oil Well Supply Co. v. Hall, 655. Oldmixon v. Severance, 298, Oldstein, In re, 32, Oliver, In re, 463. Olive V. Armour & Co. et al., 33. Olman, In re, 489, 490, Olmsted, In re, 324. Olmsted-Stevenson Co. v. Miller, 190. Oleson, In re, 462. Ommen v. Talcott, 567, 569. Ommen v. Talcott, 570. O'Neal, Ex parte, 602. Oppenheimer, In re, 143. Oppenheimer, In re, 240. Openhym, Wm. & Sons v. Blake, 503. Orcutt Co, J, B. V. Green, 237, 715, 727. Orr Co. V. Cusliman, 133. Orr V, Park, 258. Orr V. Tribble, 524. Orr Shoe Co. J. K. v. Upshaw & ano. 443. Osborne, In re, 435, 447, 733. Osborne v. Penn. R. Co., 319. Osborn, In re, 186. Osborn Sons & Co., In re, John, 237, 727. Oshwitz & Feldstein, 139, 150. Ostrom, In re, 267. Ottenwess, In re, 39. Owens V. Bruce, 402. Owings, In re, 186. Oxiey, In re, 276. Page V. Edmunds, 190, 381. Page V. Moore, 566. Page V. Rogers, 240. Paige, In re, 59. Paine, In re, 541, 542. Painter v. Napoleon township, 565, 566. Painter v. Township of Napoleon, 566. Paneoast, In re, 237. Pangborn, In re, 35, 37, 39, 96. Paramore v. Ricks, In re, 191. Parish, In re, 434. Paris Modes Co., In re, 650. Park, In re, 188. Park Brewing Co., In re, 277. Park V. Cameron, 578. Parker v. Black, 564, 565, 577. Parker v. Black, 564, 565. are to pages.] Parker v. Murphy, 22. Parker v. Sherman, 577, 581. Parker v. Sherman, 577, 581. Parker v. Sherman, 577. Pattee, In re, 546. Patten v. Carley, 309. Patterson, In re, 435, 438. Patterson & Co., In re, 502. Pauley, In re, 546, 547. Paxton V. Scott, 429. Payne, In re, 229. Peacock, In re, 188. Peacock, In re, 201. Peacock, In re, 434. Pearson, In re, 200. Peck, In re, 238. Peck, In re, 435, 447. Peck Co. W. S. V. Lowenbein, 435. Peck V. Richter, 262. Pedlow, In re, 379, 725. Peerless Finishing Co., In re, 365, 375. Reiser, In re, 161. Pennell, In re, 201. Pennsylvania Cons. Coal Co., In re, 44. Pennsylvania Development Co., In re, 411. Penny & Anderson, In re, 502. Penzansky, In re, 19, 35. Peoples' Bank v. Brown, 336, 338. Peoples Dept. Store Co., In re, 209, 210. People ex rel Otterstedt, v. Sheriff Kings Co., 268, 442, 601. People ex rel Taranto v. Erlanger, 601, 732. Pepperdine v. Bank of Seymour, 524. Perkins v. Dorman, 35. Perley v. Hays, In re, 46. Perlhefter & Shatz, In re, 39, 42. Perlhefter & Shatz, In re, 229. Perry Aldrich Co., In re, 44. Perry & Whitney Co., In re Lewis F. 35, 52. Perry & "\\liitney Co., In re, Lewis F. 52. Peters, In re, 339. Peters v. United States ex rel Kelly, 442. Petersen, In re, 526. Petersen, In re, 429. Peterson, In re, 429. 466. 467. Peterson, In re, 420, 466, 467. Pettingill, In re, 266, 270. Pettingill, In re, 238, 727. ZilV TABLE OF CASES. [References I'ettingill, In re, 730. Pettingill & Co., In re, 643, 645. rfattinger. In re, 241, 259, 568. Pfaffinger, In re, 439. Pfeiffer, In re, 186. Phelphs, In re, 190. Phelphs, In re, 195. Phelps, In re, 305, 566. Phenix Nat. Bank v. Watorbury, 38. Phenix Nat. Bank v. Waterbury, 207. Philadelphia & Lewes Transportation Co., In re, 89, 113, 733. Philips V. McEacliin, 231. Phillips, In re, 190. Pickens Mfg. Co., In re, 42, 59. Pickens v. Roy, 408. Pierce, In re, 429. Pierce, In re, 502, 503, 507. Pierce, In re, 734. Pierce Jr., In re, 734. Pierson, In re, 541, 542. Pierson Jr., In re, 502. Pilger, In re, 34. Pincus, In re, 422, 420, 439. Pittelkow, In re, 391. Pittsburgh Dick Creek Mining Co., In re, 366. Pittsburgh Industrial Iron Works, In re, 274. Pittsburgh Laundry Supply Co. v. Im- perial Laundry Co., 39, 97. Pittsburgh Lead & Zinc Co. (Cons) In re, 261. Platteville etc. Co., In re, 381, 393. Plaut, Trustee, In re, 604. Plant V. Gorham Mfg. Co., 71. Plimpton, In re, 30, 192, 720, 734. Plotke, In re, 20, 37, 44. Ployd, In re, 174. Plummer v. Myers, 570. Plymouth Cordage Co., In re, 32, 47, 89, 96, 642. IMymouth Elevator Co., In re, 374. Podolin, In re, 22. Podolin et al v. Lesher Warner Dry Goods Co., 22. Poiakoff, In ro, 70, 71, 74. Pollet V. Cosel, 423. Pollock V. Simon, 39. Pond V. N. Y. Nat. Exchange Bank, 564. Pontiac Buggy Co. v. Skinner, 507. Poore, In re, 507. Porter & Bros., In re, 308. are to pages.] Portner, In re, 98, 721. Postlethwaite, Trustee etc. v. Hicks, 615, 618. Post V. Berry, 581. Powell V. Leavitt, 239. Powell V. Pangborn, 336, 345. Prager, In re, 221. Prager, In re, 438. Pratt V. Auto Spring Repairer Co., 270. Pratt V. Bothe, 206, 61-6. Pratt V. Christie, 570. Pratt V Columbia Bank, 568. Prentiss v. Bowden, 319. Prescott V. Galluccio, 566, 578. Pressed iSteel Wagon Gk)ods Co., In re, 40, 98. Price, In re, 336, 339. Price V. Derbyshire Coffee Co., 571. Pridmore v. Pufl'er Mfg. Co., 507. Priegle Paint Co., In re, 502. Prince & Walter, In re, 190, 276, 324, 392. Prindle Pump Co., In re, 239, 240. Probst, In re, 536. Progressive B. & L. Co. Inc. v. Hall, 160. Progressive Wall Paper Corporation, In re, 393. Proudfoot, In re, 243. Pugh v. Loisel, 408. Pullian, In re, 423. Pure Milk Co., In re, 37, 97, 721. Pursell, In re, 336. Putnam, In re, .35, 40, 268, 269. Putnam v. Loveland, 392. Q. Quackenbush, In re, 434, 435, 436, 447, 722. Quackenbush, In re, 466. Quality Shoe Shop, In re, 277. Quality Shop, In re, 616, 620, 623. Quartz (iold Mining Co., In re, 54. Quinn, In re, 243. R. Rabinowitz et al. v. U. S., 608. Radin et al. v. U. S. 609. Radke Co., In re R. L., 37, 38. Ragan, Malone & Co. v. Cotton & Pres- ton, 440. Ragan, Malone & Co. v. Cotton & Pres- ton, 615. Rainey v. W. R. Grace & Co., 619. TABLE OF CASES. xlv [References Eainwater, In re, 186. R. and W. Skirt Co., In re, 201. Randall, In re, 429, 435. Randolph v. Scruggs, Trustee, 207, 547, 664. Raphael, In re, 614. Rathfon, Bros., In re, 199. Rauchenplat, In re, 449, 722, 735. Ravenna Nat. Bank v. Curtiss. 40. Kevkin, In re, 437. Rawlins & Rawlins v. Hall Epps Cloth- ing Co., 336, 348. Ray, In re, 20. Ray, In re, 20, 44. Reading Hosiery Co., In re, 266. Realty Co. v. Gioshio, 430. Reber v. Ellis Bros., 565. Reber v. Louis Schulman & Bro., 570. Reboulin Fils & Co., In re E., 245, 727. Receivers of Virginia Coal & Coke Co. V. Staake, 524. Rector v. City Deposit Bank Co., 654. Reed, In re, 439, 440. Reese, In re, 189, 542. Reese, In re, 199. Reese-Hammond Firebrick Co., In re, 570. Regealed Ice Co., In re, 511. Reid, In re, 348. Reinboth, In re, 324. Reinhart, In re, 186. Reiff, In re, 448. Rekersdres, In re, 174. Reliable Bottle Box Co., In re, 148. Reliance Storage & Warehouse Co., In re, 141, 727. Remaley, In re, 33. Remington Auto & Motor Co., In re, 593, 594. Remington Auto & Motor Co., In re, 593. Kemmerde, In re, 188. Rcmmers, In re, 436. Remsen Mfg. Co., In re, I. S., 508. Renda, In re, 186. Rennie, In re, 19. Resler, In re, 21. Restein, 126, 154. Reukauf Son's Co., Inc., In re, 215, 730. Reynolds, In re, 200. Reynolds, In re, 538. Reynolds v. N. Y. Trust Co., 269. Rhame v. Southern Cotton Oil Co., 618. are to pages.] Illioinstrom & Sons' Co., In re, 278. Rhodes, In re, 191. Rhutassel, In re, 430. Ricciardelli, In re, 199. Rice, In re, 269. Rice, In re, 724. Richards. In re, 139. Richards. In re, 176. Richards, In re, 523, 643, 645. Richards, In re, 538. Richards, Inc., In re, 569. Richardson, In re, 41, 96. Richardson & Woodward, In re, 185. Richmond Standard Steel, Spike & Iron Co. V. Allen, 20, 40. Rider, In re, 257, 280, 727. Rider, In re, 485, 489. Ridge Ave. Bank v. Sundheim, 568, 569. Rielly v. Rosenberg, 319. Riggs Restaurant Co., In re, 97, 718. Riker v. Gwynne, 319, 578. Riley, Talbot & Hunt, In re, 54. Riley v. Pope, 195. Rinker, In re, 507. Rise V. Bordner, 32, 34. Rising, In re, 187. Rison V. Parham, 614. Risteen, In re, 48, 717. Ritchie Co. Bank, et al., v. McFarland, 641. Riverdale Mills v. Alabama & G. :Mfg. Co., 133. Roanoke Furnace Co., In re. 262, 312. Roberts, In re, 400. Roberts, In re, 379. Roberts Co., In re, H. O., 275. RobertshaAv Mfg. Co., In re, 618, 629, 630. Robertson v. Howard, 199. Robinson, In re, 239. Robinson, In re, 345, 360. Robinson, In re, 436. Robison, In re, 191. Roche, In re, ffl5. Rochester Sanitarium & Bath Co., In re, 541. Rochester Trust, etc., Co. v. Oneonta, etc., R. Co., 154. Rochester Trust, etc., Co. v. Rochester. etc., R. Co., 154. Rochford, In re, 286. Rockaway Soda Water Mfg. Co., In re, 279. xlvi TABLE OF CASES. [References Rode & Horn v. Phipps, 6 IS. Rodgers, In re, 580. Rodolf V. First ^'at. Bank, 567. Roeber, In re, 239, Roebuck Weather Strip & Wire Screen Co., In re, 275. Rogers Milling Co., In re, 50. Rogers v. De Sota Placer Alining Co., 37, 717. Rogers v. Fidelity Savings & Loan Co., 570. Rogers v. Page, 571. Rogers, Trustee, v. American Halibut Co., 5G7. Rogowski, In re, 537. Rohrer, In re, 408. Rollins, etc., Co., In re, 35. Rollins Gold & Silver (Mining Co., In re, 54. Rome Planing [Mills, In re, 40. Romine, In re. 722, 728, 730. Rood, In re, 278. Roosa, In re, 462. Rose, In re, 336. Rose, In re, 503. Rose, In re, 508. Rose Shoe Mfg. Co., In re, 616. Rosenbaum v. Dutton, 261. Rosenberg, In re, 238. Rosenberg v. Dworetsky, 37. Rosenblatt, In re, 348. Rosenblatt & Co., In re, Sig. H., 37, 38, 96. Rosenbluth v. De Forest & Hotchkiss Co., 566. Rosenthal, In re, 109. Rosenthal, In re, 229. Rosenthal, In re, 410. Rosenthal v. Bronx Xat. Bank, 569. Rosoff V. Gilbert Transportation Co., 593. Ross V. Saunders, 486, 487, 615, 732. Ross V. Stroh, 109, 617, 645, 735. Ross-Meeban Foundry Co. v. So. Car & Foundry Co., 161. Rosser, In re, 199, 640, 641. RoBser, In re, 337. Rossett, In re, 224. Roth & Appel, In re, 271. Rothenberg, In re, 35. Rothschild, In re, 188. Rothschild, In re, 199. are to pages.] Roukous, In re, 495, 496. Rourke Co., In re, M. F., 231. Rouse, Hazard & Co., In re, 274. Rouse V. Ott^nwess & Huxoll, 39. Rowland v. Auto Car Co., 108. Roy, In re, 173, 257, 727. Royal, In re, 423, 428. Royce Dry Goods Co., In re, 258. Rubel, In re, 303. Rubin & Lipman, In re, 337, 454. Rudnick, In re, 190. Rudnick & Co., In re, L., 202. Rudnick, In re, 489, 495. Ruhl, Koblegard Co. v. Gillespie, 578. Rung Bros., In re, 723, 724. Rung Furniture Co., In re, 39. Ruos, In re, 338. Rusch, In re, 179. Rusch, In re, 644. Rush v. Lake, 643. Rushmore, In re, 190. Russell, In re, 410. Russell, In re, 440. Russell, In re, 28, 423, 719. Russell, In re, 730. Russell & Birkitt, In re, 502. Russell Card Co., In re, W. W., 210. Russell Wheel & Foundry Co., In re, 53, 54. Russie, In re, 19. Rutland Grocery Co., In re, 190. Rutland Co. Xat. Bank v. Graves, 566. Ryan, In re, 34, 88. Ryan v. Hendricks, 96', 08, 641. Ryburn, In re, 541, 542. S. Sabin v. Blake, McFall Co., 37, 38. Sabin v. Larkin, Green Logging Co., 71. Sabse\'itz, In re, 439, 490. Sacharoff & Kleiner, In re, 496. Sage, In re, 74. Sage, In re, 544. Sale, In re, 191. Salmon & Salmon, In re, 41. Salt Lake Valley Canning Co. v. Collins, 100. Salvator Brewing Co., In re, 236, 239, 240. Samel v. Dodd, 199, 641, 643. Sample v. Beasley, 408. Sampter, In re, 240. TABLE OF CASES. xlvii [References Samuels & Lesser, In re, 46, 710. Samuelsohn, In re, 336, 340, 350. San Antonio Land & Irrigation Co., In re, 92. Sanborn, In re, 3&2. Sanborn, In re, 720. Sanderlin, In re, 26, 394. Sanderson, In re, 238. Sanford Furniture Mfg. Co., In re, 326. Sapiro, In re, 348. Sapulpa Produce Co., In re, 2G9. Saratoga Gas, etc., Co., In re, 604. Sauer, In re, 516. Savage v. Savage, 393. Savarese, In re, 440. Sax, In re, 200. Saxton Furnace Co., In re, 270. Saxton Furnace Co., In re, 392, 393. Sayed, In re, 566. Saver, In re, 22. Scanlon, In re, 274. Scliachter, In re, 199. Schacht Motor Car Co., In re, 579. Schafer, In re, 188. Scheerman, In re, 298. Scheldt Bros., In re, 276. Scheier, In re, 190. Scheld, In re, 190. Schenck, In re, 580. Schenkein, In re, 36", 50. Schermerhorn, In re, 306, 407. Scherr, In re, 323, 324. Schickerling, In re, 437. Schiller, In re, 729. Schiller v. Weinstein, 467. Schimmel, In re, 209, 210. fikjhindler. In re, 503. Schlesinger, In re, 199. Schlessel, In re, 504, 508. Schmidt, In re, 408. Schmidt & Co., In re, W. J., 526. Schmidt v. Bank of Commerce, 567. Schmelovitz v. Bernstein, 523. Schnabel, In re, 423. Schenectady Eng. & Cons. Co., In re, 70, 217. Schocket, In re, 518. Schoenfeld, In re, 138, 1.39, 141. Schomacker Piano Mfg. Co., In re, 271. Schreiber, In re. 735. Schrcier v. Hogan, 319. Schrom, In re, 131. are to pages.] Schuler v. Hassinger, 221, 366, 402, 642. Schulman, In re 337, 536. Schulman v. Goldstein, 536. Schumert & Warfield, Lt'd, v. Security Brew. Co., 42. Schwaninger, In re, 19, 429. Schwartz & Co., In re, 440, 441. Schwartz, In re, J. & :M., 28, 719. Schweer v. BroAvn, 640. Scofield v. U. S. ex rel. Bond, 290, 312. Scott, In re, 32. Scott, In re, 103, 139, 729. Scott, In re, 223. Scott, In re, 236, 727. Scott, In re, 337. Scott, In re, 722. Scott Transfer Co., In re, Frank E., 270. Scott Transfer Co., In re, Frank E., 270. Scott V. Abbott, 267. Scott & Co., Walter, v. Wilson, 615. Screws, In re, 326, 735. Scruggs, In re, 303. SeuUy, In re, 257. Seaboard Fire Underwriters, In re, 34. Seaboard Steel Casting Co. v. Wm. R. Trigg Co., 40. Sears, In re, 97. Sears, In re, 97, 100, 718. Sears-Humbert & Co., In re, 112, 139, 150. Security Warehousing Co. v. Hand, 613. See, In re, 274. Seedig v. First Xat. Bank of Clifton, 187. Seider, In re, 312. Seligman, In re, 337. Seligman, In re, 490. Seligman v. Gray, 242. Selkregg v. Hamilton, 112, 733. Sellers v. Bell, 21, 30, 192, 735. Semner Glass Co., In re, Philip, 736. Semons, In re, 615. Servis, In re, 433, 434, 447. Sessions v. Romadka, 299. Sessler v. Nemcof, 555. Sexton v. Dreyfus, 243. Sexton v. Kcssler & Co. (Ltd.), 570. Sbachter, In re, 435, 438, 439. Shaeffer, In re, 392, 394. Shaffer, In re, 338, 439, 618. Shaffer, In re, 463, 541, 717. xlviii TABLE OF CASES. [References Shaffer v. The Koblegard Co., 338, 439, 618, 733. Shale V. Farmers' Bank of Morrill, 5G8. Shapiro, In re, 402. Shapiro v. Thompson, 271, 277, 303. Sharr, In re, 189. Shaw In re, 258, 338. Shea, In re, 396, 402. Sliea, In re, 396, 402. Shea V. Lewis, 642. Shear, In re, 437. Sheinberg, In re, 437. Sheldon v. Parker, 578. Shelton v. Price, 581. Shepardson, In re, 442. Sliepherd, In re, 434. Sheppard v. Lincoln, 554. Shera, In re, 337. Sheridan State Bank v. Rowell, 189. Sherrill v. Hiitson, 555. Sherwood's, Inc., In re, 271, 276. Sliidlovsky, In re, 642. Shiebler, & Co., In re, 206. Slioe and Leather Reporter, In re, 392. Shoemaker, In re, 524. Shoesmith, In re, 38, 96. Shoichi Hoshida, In re, 93. Shon, In re, 113. Shriver, In re, 208. Shropshire, ^Yoodliff & Co. v. Bush, 274 276. Shute, et al. v. Patterson, et al., 48, 70 Sliutts V. Bank, 49. Siebert, In re, 411, 722. Siegel Co., In re, Henry, 223. Siegel Co., In re, Henry, 502. Silverman, In re, 199. Silverman, In re, 423. Silverman Bros., In re, 209, 272. Silverman & Schoor, In re, 544. Silvernail Co., In re, W. A., 569. Silvey Co., John, v. Tift, 502. Simon, In re, 266, 267. Simon, In re, 440. Simon v. Sternberg, In re, 209. Simonson, In re, 50. Simonson v. Sinsheimer, 36'. Simonson v. Sinsheimer, 38. Simpson Mfg. Co., In re, 502. Sims, In re, 410, 531. Sims, In re, 438. Singer, In re, 339, 536. are to pages.] Sinsheimer v. Simonson, 546. Siskind, In re, 189. Sitting, In re, 174, 722. Skillin V. Endelraan, 578, 580. Skillin V. Magnus, 594. Skilton V. Codington, 578. Skubinsky v. Brodek, et al., 336. Slaughter v. Louisville & X. R. R. Co., 131. Sloan, In re, 186. Slocum V. Solliday. 208, 271. Slomka, In re, 274. Smalley v. Laugenour, 180, 650, 723. Smith, In re 34. Smith In re, 39. Smith, In re, 112. Smith, In re, 209, 724. Smith, In re, 229, 720. Smith, In re, 267, 268. Smith, In re, 269. Smith, In re, 306. Smith, In re, 326. Smith, In re, 379. Smith, In re, 441. Smith, lu re, R. E., 544. Smith Construction Co., In re, 345. Smith & Xixon Piano Co., In re, 507. Smith v. Cooper, 544. Smith V. Means, 612. Smith V. Mottley, 274, 516. Smith V. ToAvnship of An Ores, 326, 381. Smith, L. C. & Bro., Typewriter Co. v. Alleman, 507. Smithson v. Emerson, 379. Snell, In re, 524. Snelling, In re, 199. Snow Wire Works, In re, 275. Snow V. Dalton, 642. Snyder, In re, 187. Snyder v. Bougher, 399. Sobol, In re, 546. Soloman v. Carvel, In re, 719. Soloway V. Katz, In re, 348. Soloway & Katz, In re, 348. Soloway & Katz, In ro, 537. Sonnabend, In re, 485, 496, 722. Soper, In re, ISO, 293. Soper & Slada, In re, 21, 541, 723, 736. Sorkin, In re, 536. Southern Hardware & Supply Co., In re, 277. TABLE OF CASES. xlix I Rcfei'onces Soxithern Loan & Trust Co. v. Benbow, 3&2, 410. Southern Pine Co. v. Savannah Trust Co., 209, 503. Southern Steel Co., In re, 54. Southern Steel Co., In re, 268, 272. Southern Steel Co., In re, 544. Southern Steel & Iron Co. v. Hickman & Co., 110. Southworth v. Morgan, 594. Spalding, In re, 41. Spalding, In re, 112. Spann, In re, 503. Spechler Bros., In re, 133. Spencer v. Lowe, 258, 619. Spicer, In re, 22, 541. Spiess-Alper Co., In re, 279. Spiller, In re, 469, 489. Spitzer, In re, 133. Springer, In re, 423. Spruks V. Lackawanna Dairy Co., 274. Standard Cordage Co., In re, 109. Standard Fullers Earth Co., In re, 546. Standard iSewing Machine Co. v. Alex- ander, 238. Standard Telephone & Electric Co., In re, 240. Standard Varnish Works v. Haydock, 502. Stannard v. Dayton, 276. State of New Jersey v. Anderson, 276. State of Xew Jersey v. Lovell, 276. State Bank of Chicago v. Cox, 38. Staunton v. Wooden, 161. Stavrahn, In re, 200, 537. Stearns v. Flick, 547. Steed & Curtis, In re, 435, 539, 454. Steele, Ex parte, 217, 736. Steele, In re, 217. Steele v. Buel, 190, 618. Stegar, In re, 20, 230. Stein, In re. 48, 52. Stein, In re, 97. Stein, In re, 224, 323. Stein & Co., In re, 19, 46. Steiner v. ]Ma,rshall, 641, 645. Stelling V. Jones Lumber Co., 618. Stephens, In re, 186'. Stephenson v. Bird, et al., 429. Sterlingworth R. R. Supply Co., In re, 408. Sternbergh v. Duryea Power Co., 594. are to pages.] Stern, In re, 35, 270. Stern, In re, 261, 262. Stern v. Paper, 565. Stern, Trustee, v. Mayer, 564, 567. Sterne & Levi, In re, 100, 718. Sterne & Levi, In re. 303. Steuer, In re, 411, 722. Stevens, In re, 236, 239. Stevens, In re, 393. Stevens v. Nave-McCord Mercantile Co., 35, 267, 615, 617, 644. Stevens v. Oscar Holway Co.. 56S. Stevenson v. Milliken, Tomlinson Co., 568. Stewart, In re, 238. Stewart, In re, 393. Stewart, In re, 503. Still's Sons, II. D., v. American Xat. Bank, 33. Stipp Construction Co., In re, ^1., 593. St. Louis Ice Mfg. & Stor. Co., In re, 276. Stoever, In re, 238. Stoever, In re, 261, 727. Stokes, In re, 44. Stokes, In re, 190. Stokes, In re, 210. Stokes Co., In re, 26. Stokes, Frederick A., v. Carell, 133. Stolp, In re, 206. Stone, In re, 34, 39. Stone, In re, 423. Stone V. Jenkins, 4Sff. Stout, In re, 190. Stradley & Co., In re, 174. Strait, In re, 718. Strasburger v. Bach, 585. Straschnow, In re, 337. Stratemeyer, In re. 229, 544. Straus, In re, 619. Strawl)ridge, In re, 269. Streator ^Metal Stamping Co., In re, 616. Strellow V. Schloss, 59. Strickland, In re, 275. Strobel, In re, 123. Strobel, In re, 217. Strobel, In re, 239. Stroheim v. Perry & Whitney Co., 35, 36, 62. Stuart V. 'Reynolds, 200, 538. Studley v. Boyleston Xat. Bank of Bos- ton, 569. TABLE OF CASES. [References Stultz Bros., In re, 274. Sturgeon, In re, 340, 356, 72S. Sturgis V. Corbin, 366, 392, 402. Styer, In re, 365, 392, 396, 725. Suffel V. McCartney ISTat. Bank, 568. Sugenheimer, In re, 173, 237, 257, 727. Sullivan, et al., v. [Mussey, 191. Sullivan, In re, 186, 190. Sullivan, In re, 409, 443. Sully, In re, 59. Sully, In re, 139. Sully & Co., In re, 261. Summers v. Abbott, 547. Sumner, In re, 236 259, 336. Sunseri, In re, 112. Susquehanna Koofing Co., In re, 503. Sussman, In re, 436. Sutherland v. Lasher, 21, 467, 717. Sutter Bros., In re, 356. Swain Co., In re, 275. Swarts v. Fourth Xat. Bank, 267. Sweetser, Pembroke & Co., In re, 270. Swift, In re, 209. Swoflford Bros. Dry Goods Co., In re, 407. Sykes, In re, 19. Syracuse Paper & P. Co., In re, 174. T. Taft, In re, 642, 645. Taft Co., C. C, V. Century Sav. Bank, 37, 614, 642, 649. Taleott V. Friend, 443, 486. Talcott V. Henderson, 503. Tanenhaus, In re, 643. Taplin, In re, 433, 434. Tarbox, In re, 201. Taunton, In re, 459. Taylor, In re, 422, 423, 437, 459, 727. Taylor, In re, 188. Taylor, In re, 34, 59. Taylor, In re, 52. Taylor House Association, In re, 36. Taylor, Trustee, etc., v. Nichols. 567. Tcague v. Anderson Hardware Co., 306, 578. Tefft, Weller & Co. v. Munsuri, 650. Telford v. Henrickson, 571. Tennant's Sons & Co. v. X. J. Oil & M. Co., 524. Tennessee Construction Co., In re, 44. are to pages.] Tennessee Producer Marble Co. v. Grant, 408, 524. Terens, In re, 439. Terrill, In re, 229. Terry, et al.. In re, 33. Thaw, In re, 344, 602. Thaw, In re, 410. Thedford, In re, 186. Thedford, In re, 189, 294. Thomas, In re, 434, 435. Thomas v. Adelman, 569. Thomas v. Birmingham Ry. Light & Power Co., 555. Thomas v. Field, Brundage & Co., 507. Thomas v. (Roddy, 319, 578, 580. Thomas v. >Sugerman, 577, 651. Tliomas v. Taggert, 241, 286. Thomas v. Woods, 614. Thompson, In re, 239. Thompson, In re, 32. Thompson, In re, 402. Thompson, In re, 546, 547. Thompson, In re, 546, 547. Thompson, In re, 338, 504. ThompsonnBreese Co., In re, 224. Thompson Mercantile Co., In re, 278. Thompson Milling Co., In re, 270. Thompson's Sons, In re, E. O., 239. Thompson v. Judy, 442. Thompson v. Mauzy, 616. Ihrall v. Union Maid Tobacco Co., 593. llirockmorton. In re, 392, 641, 642. Throckmorton, In re, 396, 402. Tice, In re, 507. Tichenor-Grand Co., In re, 269. Tiffany v. La Plume Condensed Milk Co., 44. ' Tildcn, In re, 186. Tilt V. Citizens' Trust Co., 569. Tindle v. Birkett, 410, 443. Tinker v. Colwell, 443, 466. Tisch, In re, 110, 139. Tobias, In re, 185. Tobias, Greenthal & Mendelson, In re, 338. Todd, In re, 511, 729. Toklas Bros, In re, 442. Tollett, In re, 191. Tomlinson, In re, 410. Tomlinson Co., et al.. In re, 40. Toothaker Bros., In re, 462. Torchia, In re, 393. TABLE OF CASES. li [References Torehia, In re, 393. Townsend v. Aahepoo Fertilizer Co., 50S. Tracy & Co., In re, 348. Traders' Ins. Co. v. Mann, 305, 555. Traub v. JIarshall Field & Co., 541. Trayna & Cohen, In re, 133, 409. Trenholm v. Klinker, 580. Tribelhorn, In re, 35, 52, 61. Tripp V. :\Iitsclirich, 206. Troeder, In re, 434, 435. Troy Wagon Works v. Hancock, 506. Truitt, In re, 37, 40. Tucker, In re, 259. Tucker, Pet, In re, M. E., 392. Tudor, In re, 200. Tudor, In re, 340. Tully, In re, 20, 92. Tumlin v. Bryan, 567. Tune, In re, 189, 523. Tupper, In re, 37, 40, 41. Turetz, In re, 209. Thirgeon v. Emery, 560, 570. TurnbuU, In re, 187. Turner Co., In re, James H., 173, 174. Turner v. Fisher, 569, 570. Turner v. Turner, 444. Two [Rivera Woodenware Co., In re, 237. Tybo Mining & Reduction Co., In re, 100, 718. Tygart's River Coal Co., In re, 44. U. Ullman, In re, L., 489. Ulner v. Doran, 442, 531. I'nderleak v. Scott, 579. Union Cent. Ins. Co. v. Drake, 240. I'nion Furniture Co. v. Walker-Cooley Furniture Co., 496. Union Xat. Bank v Xeill, 644 Union Trust Co. v. Amery, 578. Union Trust Co. v. Chicago, etc., R. Co., 154. I'nited Button Co., In re, 100, 718. United Button Co., In re, 271, 272. United Motor Chicago Co., In re, 277. U. S. V. Appel, 536. U. S. V. Brod, 337, 610. U. iS. V. Chambers, 22, 609. U. S. V. Comstock, et al., 60S, 609. U. S. V. Comstock, 608. U. iS. ex re Mansfield v. Flynn, Sup't, etc., 601. are to pages.] U. S. v. Freed, 60S. U. S. V. George, 610. U. S. V. Goldstein, 537. U. S. V. Green, 22. U. S. V. Grodson, 608. U. S. V. Halstead. 610. U. S. ex rel. Adler v. Hammond, 485, 487, 604. 615. U. S. ex rel. Birnbaum v. Henkel, 537, 602. U. S. V. Lake, 610. U. S. V. Liberman, 610, 728. U. S. ex rel. Scott v. McAleese, 601. U. S. ex rel. Kelley v. Peters, 602. U. iS. V. Phillips, 609. U. S. V. Rhodes, 609. U. S. V. Rhodes. 610. U. S. V. Rosenstein, 608. U. S. ex rel. Throckmorton v. Ruggles, 644. U. S. V. Simon, 337. U. iS. V. Sondheim, 290. U. S. V. Stern, 609. U. S. ex rel. Schauffler v. Union Surety & Guar. Co., 290. U. S. V. Waldman, 608, 610. U. IS. V. Young & Holland Co., 608. U. S. Fidelity & Guar. Co. v. Bray, 619, 651. U. S. Graphite Co., In re, 348. U. S. Graphite Co., In re, 391, 392, 524. U. S. Restaurant & Realty Co., In re, 33. United Surety Co. v. Iowa Mfg. Co.. 276. United Wireless Telegraph Co., In re, 236. I'nited Wireless Telegraph Co., In re, 408. United Wireless Telegraph Co., In re, 408, 411. United Wireless Telegraph Co., In re, G43. Unitype Co. v. Long, 507. T'pson, In re, 462. Upson v. ]\It. Morris Bank, 60, 569. Urban & Suburban Co., In re, 92. Urnach v. Douglass, 130. Utah Ass'n of Credit Men v. Boyle Fur- niture Co., 22. 566. Utah Ass'n of Credit Men v. Boyle Fur- niture Co., 566, 571. Utz & Dunn Co. v. Regulator Co., 36. lii TABLE OF CASES. J22. Vaccaro v. Security Bank, 567. Valentine Bohl Co., In re, 42. \'alentine Co., In re Francis, 526'. Van Buren, In re, 410, 531. Van De Mark, In re, 173, 176, Van Denberg, In re, 326. Van Emon, et al., v. Veal, 54. Van Iderstine v. iXat. Discount Co., 441, 579, 581. Vanoscope Co., In re, 718. Van Wagenen v. Sewall, 664. Van Wert Machine Co., In re, 275. Varney v. Harlow, 231. Vary v. Jackson, 541, 542. Vastbinder, In re, 35, 37, 40. \'astbinder, In re, 394, 408, 526. V. D. L. Co., In re, 277. Vehon v. UlLman, 436, 615. Venstrom, In re, 240. Verdon Cigar Co., In re, 210, 730. ^'etterman, In re, 40. Vickerman & Co., In re T. S., 190. Mquiesney v. Allen, 565. Virginia Hardware Mfg. Co., In re, 568. Vitzthum V. Large, 187, 571. Vogt, In re, 393. Volence, In re, 508. Vollmer v. Plage, 580. Von Kern, In re, 189. Voorhees lAwning Hood Co., In re Dr., 270. \'oorhees v. Ungar, et al., 60. Vulcan Foixndry & Machine Co., In re, 393. W. Wagner, In re, 408. Wagner, In re, 422, 423. Wagner v. U. S. and Houston, 602. Waite & Robbing Motor Co., In re, 508. Waite V. G!f)ldstein, 555. Wakefield, In re, 434, 437, 442. Wakefield, In re. 34. Waliler, In re, 200. Waldcr, In re, 455. Walker, In re, 223, 336. Walker & Co., In re E. A., 173. Walker v. Meier, 466. Walker v. IMeier, 466. Walker v. Woodside, 97. Wall V. Cox, 564, 580. Wall V. Cox, 564, 580. [References are to pages.] Walrath, In re, 19, 71, 422. Walsh, In re, 337. Walsh, In re, 463. Walsh Bros., In re, 523, 524. Walsh V. First Xat. Bank of Maysville, 569. Walton, In re, 337. Ward, In re, 33. Ward, In re, 59, 64. Ward, In re, 110. ^^■ard, In re, 113, 733. Warmath v. O'Daniel, 564. Warner, In re, 524. Warren v. U. S., 609. Warth, In re, 443. Warzawiak, In re, 350. Wasey v. Holbrook, 580. Washington Steel & Bolt Co., In re, 360. Washington v. Tearney, 651, 736. Waterloo Organ Co., In re, 242. Waterloo Organ Co., In re, 392. Waters-Colver Co., In re, 728. Watertown Carriage Co. v. Hall, 443. Watkinson & Co., In re Geo., 261. Watson V. Merrill, 70, 271, 303. ^^■atts, In re, 537, 657. Watts-Woodward Press, Inc., In re, 508. Waugh, In re, 736. Waxelbaum, In re, 100, 718. Waxelbaum, In re, 186. Waynesboro Drug Co., In re, 489. Weaver v. Hugill Stone Supply Co., 274. Weber, In re, 442. Weber Co., In re, 537. Wechsler v. U. S., 337, 338. Wecker v. Xat. Enameling Co., 5S0. W^eedman Stave Co., In re, 36, 546. Weidenfeld v. Tillinghast, 21, 467. Weil, In re, 502. Weinreb, In re, 200. Weinrib, In re, 441. Weintraub, In re, 423. Weiss, In re, 276. Weissman. In re, 276. Weitzel, In re. 526. Wells, In re, 507. Wells Co., T. E., V. Sharp. 374. Wenatchee Heights Orchard Co.. In re, 42, 60. Wenatchee Heights Orchard Co.. In re. 44. Wenatchee Heights Orchard Co., In ro, 26S. TABLE OF CASES. liii [References Wenman, In re, 443, 601. Wentworth Lunch Co., In re, 13!). Wentworth Lunch Co., In re, 139. Wermuth, In re, 436. Wcstall, et al., v. Avery, 566. Westbrook, In re, 423. West V. W. A. McLaughlin & Co.'s Trus- tee, 6 IS. West Co., Geo. M., v. Lea Bros. & Co., 41, 664, 715. Western Implement Co., In re, 70. Western Investment Co., In re, 278. Western Tie & Timber Co. v. Brown, 650. Westfall Bros. & Co., In re, 339. Westlieimer v. Howard, 21. West hind, In re, 276. Weston, In re, 438. West Side Paper Co., In re, 277. Wetmore, In re, 433, 434. Wetmore, In re, 435. Wetstein v. Franciscus, 569. Wheeler & Co., In re E. S., 348. Wheeler v. !Xewt:on, 429. White, In re, 36, 38, 96. White, In re, 189. White, In re, 189, 293. ^^^lite, in re, 191. \Miite, In re, 337. White, In re, 435. White V. Davis, 109. White V. Thompson, 409. White's Express Co., In re, 508. Wliitener, In re, 615, 617, 641. Whitla & Nelson v. Boyd. 229. Whitney v. Dresser, 236, 237, 259. \Miitney v. Wenman, 148. Whitney, Trustee, v. Freeman, 554. WhitAvell V. Wright, 268. Wickwire v. Webster City Savings Bank, 570. Wicdmann, In re, 438. Wiener, In re, 486. Wigmore, In re, 268. Wilka, In re, 391, 392. Wilson, In re, 189. Wilson, In re, 489. Wilson, In re, 537. Wilson V. Mitchell-Woodberry Co., 567, 571. Wilson V. Perm. Trust Co., 268. Wilbur V. Watson, 547. Wilcox, In re, 338, 451. are to pages.] Wilcox, In re, 722, 734. Wilder v. Watts, 96, 97, 718. Wilde's Sons, In re Samuel, 209, 728. Wilde's Sons, In re Samuel, 209, 728. Wilk, In re, 411. Wilka, In re, 391, 392. Wilkins, In re, 486. Williams, In re, 20, 32. Williams, In re, 32, 89, 113. Williams, In re, 356. Williams, In re, 643. Williams, In re, 728. William's Estate, In re, 393. Williams, et al.. In re, 444. Williams v. Hogue, 384. Williams v. Virginia-Carolina Chemical Co., 443. Williamsburg Knitting Mill, In re, 508. Williams & Co. v. U. S. Fidelity & Guaranty Co., 270, 430. Williams & Co. v. U. S. Fidelity & Guaranty Co., 270, 430. Wilmington Hosiery Co., In re, 54. Windt, In re, 40. Wing Yick Co., In re, 26, 37. Wing Yick Co., In re, 48. Wink, In re, 174, 210. Winkels, In re, 259. Winship Co., In re, 485. Winslow V. Staab, 577. Winston, In re, 36. Winton Lumber & Mfg. Co., In re, 275. Wise, In re, 89, 733. Wise Coal Co. v. Columbia Zinc & Lead Co., 523. Wiseman v. Wallace, In re, 298. Wishnefsky, In re, 188. Witberbee, In re, 393. Witherbee, In re, 643. Witman, In re, 440. Wittenberg, In re, 445, 447. Wolf, In re, 19. Wolf, In re, 438. Wolf & Levy, In re, 731. Wolfensohn, In re, 434, 447. Wolff, In re, 423. Wdllock, In re, 408. \Voll()witz. In re, 434. Wong, In re K. L., 229. Wood, In re, 1S6. Wood. In re. 523. Wood & Henderson, In re, 206. liv TABLE OF CASES. [References Wood V. Carr, 523. Wood V. Fisk, 270, 442. Wood V. U. S. Fidelity & Guaranty Co., 270. Wood, Walter A., Mowing & E. Machine Co. V. Vanstory, 506. Woodend, In re, 489. Woodward, In re, 42. Woolford V. Diamond State Steel Co., 97. Wooten, In re, 258, 259, 262. Worcester Co., In re, 238, 278, 618, 643. Worland, In re, 391. Worrell, In re, 336. Wright, In re, 462. Wright, In re, 618. Wright V. Sampter, 567, 568. Wright V. Skinner, 566. Wright V. Wm. Skinner :Mfg. Co., 565, 568. Wright, Trustee, v. Simon, 578. Wrisley Co., In re, 312, 496. Wulburn v. Drake, 32. Wunder, In re, 186, 724. Wylie, et al., In re, 399. Wynkoop, Hallenbeck, Crawford Co. v. Gaines, 650. Wyoming Valley Co-operative Associa- tion, In re, 35. Wyoming Valley Ice Co., In re, 269. are to pages.] Y. Yates, In re, 92, 428. Yeager, In re, 187. Yoder, In re, 32. Yoke Vitrified Brick Co., In re, 274. 394. York Mfg. Co. v. Brewster, 506. York Mfg. Co. v. Cassell, 507. Yorkville Coal Co., In re, 201. Yost, In re, IBS. Young, In re, 229, 544. Young, In re, 431, 733. Young V. Gordon, 270. Young V. Young, 44. Youngbluth v. Slipper, 39. Youngstrom, In re, 191, 640. Z. Zack, In re, 187. Zavelo V. Reeves, 469. Zehner, In re, 221, 298, 381. Zeis, In re, 526. Zier & Co., In re, 123, 546, 547. Zier & Co., In re, 546. Zoffer, In re, 440. Zorn & Co., In re Geo., 262. Zotti, In re, 38. Zotti, 275. Zugalla V. International Mercantile Agency, 41, 614. Zumpfe V. Schultz, 189. FORMS, RULES AND GENERAL ORDERS IN BANKRUPTCY. PART I. PETITION AND ADJUDICATION. FOEM No. 1. Petition in Bankruptcy by Individual. 2. Debtor's Schedules, Oath and Summary Statement. 3. Voluntary Petition by Corporation with Resolution by Board of Directors. 4. Vohuitary Petition of Partnersliip. 5. \'oluntary Petition of Partnership, all Partners not joining. 6. Affidavit of Pauper in Voluntary Proceedings. 7. Involuntary Petition by three Creditors against Individual. 8. Involuntary Petition against a Corporation. 9. Involuntary Petition by one Creditor against a Partnership. 10. Subpoena to Alleged Bankrupt. 11. Marshal's Return thereon. 12. General Appearance of Bankrupt or Creditor. 13. Petition of Creditor to intervene. 14. Order allowing Intervention. 15. Admission of Bankruptcy by a Corporation. 16. Motion to dismiss for Defects appearing on Face of Petition. 17. Order denying Motion to dismiss and Notice of Settlement. 18. Denial of Bankruptcy. 19. General Answer of Alleged Bankrupt. 20. Answer alleging more than twelve creditors. 21. Answer of Creditor. 22. Demand for Jury Trial. 23. Order for Jury Trial. 24. Notice of Trial in Involuntary Proceeding. 25. Order extending Time to Answer. 26. Consent to withdraw Answer and for Adjudication. 27. Order for Adjudication and Reference. 28. Order of Reference in Judge's Absence. 29. Order cf Adjudication by Referee. 30. Order denying Adjudication. 31. Order dismissing Petition, vacating Receivership and Notice of Settlement. 32. Order referring Issues to Special Master. 33. Notice of Hearing before Special Master. 34. Exceptions to Master's Report on Issues of Bankruptcy. 35. Order overruling Report of Special Master dismissing Petition, etc. 36. Order confirming Report of Special Master, dismissing Petition and referring Receiver's Application to Special Master. 37. Respondent's Bill of Costs and Notice of Taxation. 38. Affidavit and Order to show Cause to pimisli Bankrupt for Failure to file Schedules. 39. Order that Bankrupt file Schedules. 40. Afiidavit to List of Creditors, prepared by Petitioning Creditors. 41. Order dismissing Involuntary Proceedings by consent. 42. Petition to vacate Adjudication and dismiss Vohuitary Petition for want of Jurisdiction. 43. Petition to vacate Adjudication in Involuntary Proceedings. 44. Petition for Service by Publication. 45. Order of Publication. 46. Petition to amend Petition. 47. Petition to transfer Proceedings to another District. 48. Order transferring Proceedings to another District. [3] 4 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 being by occupation a respectfully represents : That he has had his principal place of business (or has resided, or has had his domicile) for the greater portion of six months next immediately preced- ing the filing of this petition at within said judicial district ; that he owes debts Avhich he is unahle 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 l)y 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 required 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 contained 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 (Official Character.) FORMS IN BANKRUPTCY. 1 C Eh I O o 1 "3 (^ < m 1 1 1 -T-! M L -T d^ ^ " g fe S-a S 1 Q ■a ._a V ^ « j^->^ -1^ rs "o E^ and CO the de r contr • or jo , and, horn. o-o^ 2 S ^ t- +^ rs +^ - 3 3 c s u S":s |-| ^%i^^ « l- Q s O w 4-> c8 ^ ^HH as ."6 tf^^ n ^ ^ 8 Cm O s^ 1 O CO •? 2 ::: =s.^ - s '~^ )\vn th be stat (M O J '"^ C/3 H ^ RM No. atement SCHEDU 1 ^ 1 ^ feicd eg o hi Wages du or servant exceeding within til filing the FORMS IN BANKRUPTCY. CO C/5 <1 o Hi g W O H -^ 33 3 ;^JJ 1^ a S > a .- o ^ C2 . — O -^ a :-» >. ^ -^ a -- aj .a a rf is 3^ ^ -3 .2 ■- o 2 w 73 ^ Auiouut of Debts. o e# o3 o > u o €© WHEN AND WHERE DEBTS WERE CONTRACTED. "o DESCRIPTION OF SECURITIES. RESIDENCE. (If unknown, that fact must be stated.) K O r- o CO S Reference to Ledger or Voucher. FORMS IN BANKRUPTCY. ea-a " >> 02 T S — « 2 c >» ^ si bJH O M 0) ♦J O d o CO 0) 2 _ I ^ 2 «^ Nature of Liability, whether same was contracted as jiart- ner or joint-contractor, or with any other person; and, if so, with whom. 1 So RESIDENCE. (If unknown that fact must be stated.) c ^§ OS < ^ Reference to Ledger or Voucher. FORMS IN BANKRUPTCY. Qi S -, -^-S o *> C — !> ^^ ._ — !* CU •« a S^ £ «--a 2 o 1J.2 ^ uj 8 . i|si « ll ^2 's ^ s & ^ °-a o a, Q is^i ^3 a si- 2 g -3 3J «3 i) S U "3 00 c c -^ .., 33 U _ 3 . X) £ §•5 «3 0) 0) -^ I— I o 43 •= J3-13 -^» 8 3 P O <1 :j ^ Whether liability was con- tracted as partner or joint- coidractor, or with any other person; and if so, with whom. PLACE WHERE CONTRACTED. Names and Resi deuce of ]iers()ns accommodated. RESIDENCES. (If uidvnown, tliat fact must be stated.) NAME OF HOLDERS. Reference to Ledger or Voucher. 10 FORMS IN BANKRUPTCY. OATH TO SCHEDULE A. UNITED STATES OF AMEIUCA,^ District of > ss. On this. _day of_ .A. D. 19 before nie personally came . t'ne person mentioned in and who subscribed to the foregoing Schedule, and Avho, being by me first duly sworn, did declare the said Schedule to be a statement of all his debts, in accordance with the Acts of Congress relating to bankruptcy. Subscribed and sworn to before me this, day of , A. D., 19 [Official character.] FORMS IN BANKRUPTCY. 11 o H hM pq < •—1 H CJ N c/) o d o Q Pr] W < .1^ o cS 03 Estimated Value. u «» STATEMENT OF PARTICULARS RELATING THERETO. 1 INCUMBRANCES THEREON, IF ANY, AND DATES THEREOF. LOCATION AND DESCRH'TION OF ALL REAL ESTATE OWXKD BY DEBTOR OR HEI.DliY 11 LM. ' - 12 FORMS IN BANKRUPTCY. FORMS IN BANKRUPTCY. 13 14 FORMS IN BANKRUPTCY. 3 CO Xi Oi o m Hi n o CO 2"3 "C o ^ w 2 OJ -4-> W) Ui .s J3 Tl u 0) o tJH »h >, o 0) b O (u 3 O ^- fa o 0) -a . - t. -i: a C 3 o = 22 ■? r- 3 u (U - t-^ O O > o S S ■^^ is c3 (U •-I m -I 33 JS, 1 « « "t '/: *~^ *^ >« <:c C E- : ^r^ 2 B r- r- ' Ch ^x < 2 ->& c >^ en Bh fe" '^ IS IS ^ OQ e© <: 5 •i J- — CO o 1 3 ■'3 © o o '^ r 1 § i 1 or sinus li hom. Tor s iu this ba fl E. •- ^ '^ >-.^ ^ "B - 5 "H — ^ > ~p •~ ^_ >., ?' 5 t:«=i ? >.Ci "■ >. ~ — - i o a c c V. o PL, p-l — 93 s Is F"" "' ' s: ~ ~ FORMS IN BANKRUPTCY. 15 w FORMS IN BANKRUPTCY. o ja 0) ■*-> a CO • j-J a; ( Sob S-i5 f^S^ o ^ t. ^ >: =3 o +j M =3 —a Oi 2? ^ £ *^ 3 C~ O J Vh .„.— •— -»J , bus r wh ereto li, wi s T3 t- cS— C O 2 bO rclatinp; to m stody and coi s which have hereinafter s .S CO bO »■- =^ ir, £ .3 bC ^ J ^ a CO 0) o o 0) :5 a ^ s t* o r; 53 S3" C3 -^ 2 M "^.S s s g.g Ma CO c > «- = i S = c S o 1^ V3 -0) — 0; 0) U 3 to J3 .S'o , - <=:S £ is ^ 15 .o o Eh o o pq OQ Pi FORMS IN BANKRUPTCY. 17 OATH TO SCHEDULE B. UNITED STATES OF AMERICA, DISTRICT OF >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 [Official character.' 18 FORMS IN BANKRUPTCY. SUMMARY OF DEBTS AND ASSETS. [From the Statements of the Bankrupt, in Schedules A and B. Schedule A. Schedule B. Schedule B. 1 (1) Taxes and debts due United States. 1 (2) Taxes due States, counties, districts and municipalities. 1 (3) Wages. 1 (4) 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 Accommodation paper. Schedule B. 3- " 3- " 3- ,. 3 " 3- Schedule B. 4 Schedule B. 5 Schedule B. 6 Schedule A. Total, ... Real Estate. ~a. Cash ou band. — b. Bills, promissory notes, and securities. — c. Stock in trade. — d. Household goods, ic. — e. Books, prints and pictures. — f. Horses, cows and other animals. — g. Carriages and other vehicles. — h. Farming stock and implements. — i. Shipping and shares in vessels. — k. Machinery, tools. *tc. — 1. Patents, copyrights and trade-marks. — m. Other personal propert}'. — a. Debts due on open accounts. — b. Stocks, negotiable bonds, &.C. — c. Policies of insurance. — d. Unliquidated claims. — e. Deposits of money in banks and elsewhere. Property in reversion, remainder, trust, &c Property claimed to be exempted. Books, deeds and papers. Schedule B. Total, . . . rOEMS IN BANKKUPTCY. 19 NOTES. Voluntary Proceedings and Schedules. References.— Bankruptcy Act Sees. 1 (1) (20), 2 (1), 4a, 18a, c, 59a, g. General Orders IV. V, VI, XI. See Local District Rules, I'etition and schedules in voluntary proceedings should be drawn and verified in triplicate and tiled always with the elerk. In re Sykes, 6 Am. B. R. 264 j 106 Fed. 669. In re Wolf, 2 Am. B. R. 322; 94 Fed. 110. Must be accompanied by fees or atiidavit in forma pauperis. Filing of a voluntary petition not an act of bankruptcy, merely institutes a pro- ceeding in which the Court acquires jurisdiction to adjudicate, if the facts warrant. In re Ceballos & Co., 20 Am. B. R. 459; 161 Fed. 445. Jurisdiction attaches at once upon the filing of the petition. A caveat to all the world. In re Billing, 17 Am. B. R. 80; 145 Fed. 395. Adjudication will be granted where voluntary petition sets forth the jurisdictional requirements. In re Carbone, 13 Am. B. K. 55. A voluntary petition which schedules no dischargeable debt may be dismissed. In re Colaluca, 13 Am. B. R. 292; 133 Fed. 255. An adjudication in voluntary bankruptcy takes effect as of date the petition is filed 80 that the title of the trustee to property relates back to that date. Crowe v. Baumann, (D. C. N. Y.^ 27 Am. B. R. 100; 190 Fed. 399. Who may file voluntary petition. Since Amendment of 1910, any person except a municipal, railroad, insurance or banking corporation. Debtor owing but one provable debt, and with no assets may file, in re Schwaninger, 16 Am. B. R. 427; 144 Fed. 555. Infant.— In re Duguid, 3 Am. B. R. 794; 100 Fed. 274. In re Brice, 2 Am. B. R. 197; 93 Fed. 942. In re Fidemiller, 5 Am. B. R. 570; 105 Fed. 595. In re Walrath, 24 Am. B. R. 541; 175 Fed. 243. In re Penzansky (D. C. Mass.), 8 Am. B. R. 99. As to infant partner, see, In re Dunnigan Bros., 2 Am. B. R. 628; 95 Fed. 428 and foot note. In re Duguid, (supra). Lunatic— In re btein (C. C. A. 7th Cir.), 11 Am. B. R. 536; 127 Fed. 547; 62 C. C. A. 272. In re Eiscnberg (D. C. N. Y.), 8 Am. B. R. 551; 117 Fed. 786. In re Funk (D. C. la.), 4 Am. B. R. 96; 101 Fed. 244. Subsequent insanity does not ab;ite the proceeding. In re Kehler (C. C. A. 2d. Cir.), 19 Am. B. R. 513; 159 Fed. 55; 86 C. C. A. 245, rev'g, 18 Am. B. R. 596; 153 Fed. 235. Married Woman.— IMcDonald v. TeflFt Weller Co. (C. C. A. 5th Cir.), 11 Am. B. R. 800; 128 Fed. 381 ; 63 C. C. A. 123. Alien.— In re Clisdell, 2 Am. B. R. 424; 101 Fed. 246. Indian.— In re Rennie, 2 Am. B. R. 182. In re Russie, 3 Am. B. R. 6; 96 Fed. 608. 20 FOEMS m BANKEUPTCY. In States wlicre system of community property prevails husband and wife may file joint petition. In re Ray, 1 Nat. Bank. News 276. Filing voluntary petition while involuntary petition is pending. Practice as to adjudication. Fully discussed in: In re New Chattanooga Hardware Co. (D. C. Tenn.) 27 Am. B. R. 77; 190 Fed. 241. In re Beiermcister Bros. Co., 31 Am. B. R. 474; 208 Fed. 945. Germania Nat. Bank of Lachenmaier (C. C. A. 7th Cir.), 29 Am. B. R. 325; 203 Fed. 32; 121 C. C. A. 368. In re Stegar (D. C. Ala.), 7 Am. B. R. 665; 113 Fed. 978. In re Waxelbaum (D. C. N. Y.), 3 Am. B. R. 392; 98 Fed. 589. (Contra) In re Dwyer (D. C. No. Dak.), 7 Am. B. R. 532; 112 Fed. 777. As to right of individual partner to file petition though firm has been refused a discharge in previous proceedings. In re Feigenbaum, 7 Am. B. R. 339; 151 Fed. 508. Wliere there is no estate, no claims proved and no trustee appointed bankrupt may withdraw voluntary petition. In re Hebbart, 5 Am. B. R. 8; 104 Fed. 322. See, on dismissal by consent of parties after adjudication on motion of bankrupt. In re McKee (D. C. Tex.), 32 Am. B. R. 731, 214 Fed. 885. Answer cannot be interposed to voluntary petition. In re Jehu, 2 Am. B. R. 498 ; 94 Fed. 638. No legal obligation on an insolvent debtor to file a voluntary petition in bank- ruptcy. Richmond Standard Steel Spike and Iron Co. v. Allen (C. C. A. 4th Cir.), 17 Am. B. R. 583; 148 Fed. 657; 78 C. C. A. 389. Adjudication not conclusive on creditors, although not appealed from and creditors may by petition^ ask a dismissal of the proceedings upon facts appearing on the bankrupt's examination and showing that the court is without jurisdiction. In re Garneau (C C. A. 7th Cir.), 11 Am. B. R. 679; 127 Fed. 677; 62 C. C. A. 403. Objection made after adjudication comes too late to be effective was held in Dodge v. Kenwood Ice Co. (C. C. A. 8th Cir.), 29 Am. B. R. 586; 204 Fed. 577; 123 C. C. A. 103; aff'g, In re Kenwood Ice Co. (D. C. Minn.), 26 Am. B. R. 499; 189 Fed. 525. Sec. 2 (1). Six months period. — In re Ray, 2 Am. B. R. 158. In re Plotke (C. C. A. 7th Cir.), 5 Am. B. R. 171; 104 Fed. 964; 44 C. C. A. 282. In re Harris, 11 Am. B. R. 649. In re Tully, 19 Am. B. R. 604; 156 Fed. 634. Removal from one district to another to acquire residence must be bona fide. In re Garneau (supra). Where petition should be filed. Domicile and Residence. Domicile determined by intent and fact. In re Williams, 3 Am. B. R. 677; 99 Fed. 544. In re Borner, 3 Am. B. R. 325. In re Grimes, 2 Am. B. R. 160; 94 Fed. 800. In re Lipphart (D. C. N. Y.), 28 Am. B. R. 705; 201 Fed. 103. In re Garneau (C. C. A. 7th Cir.), 11 Am. B. R. 679; 127 Fed. 677; 62 C. C. A. 403. In re Kingsley, 20 Am. B. R. 427; 160 Fed. 275. Principal place of business. — In re Brice, 2 Am. B. R. 197; 93 Fed. 942. in re tiuaniicevi Tunnel Co. (C. C. A. 2d Cir.), 29 Am. B. R. 229 (and foot note); 201 Fed. 316; 119 C. C. A. 554. [See, Cases cited under Invol. Pet., infra, p. 44.] FOEMS IN BANKRUPTCY. 21 SCHEDULES. Official forms must be used. Malioney et al. v. Ward, 3 Am. B R. 770; 100 Fed. 278. In re McClintock, 13 Am. B. R. COG. In re City Contracting and Building Co. (D. C. Haw), 30 Am. B. R. 133. Failure to precisely observe form not necessarily fatal. Burke v. Guarantee Title and Trust Co. (C. C. A. 3rd Cir.), 14 Am. B. R. 31; 134 Fed. 562; 67 C. C. A. 486. In re Sopcr and Slada, 1 Am. B. R. 193. As a representation that the property set forth is all the property known to bankrupt. Johnson v. United States (C. C. A. 1st Cir.), 20 Am. B. II. 724; 163 Fed. 30; 89 C. C. A. 509. Ditto marks should not be used. In re Mackey, 1 Am. B. R. 593. Of vital importance that names and addresses should be written with care. Liesum v. Krauss, 71 N. Y. Supp. 1022; 35 N. Y. Misc. 376. Westheimer v. Howard (N. Y. Sup. Ct.), 14 Am. B. R. 547; 47 N. Y. Misc. 145; 93 N. Y. Supp. 518. Abbreviations should be avoided. Sutherland v. Lasher (X. Y. Sup. Ct.), 11 Am. B. R. 780; 41 Misc. (N. Y.) 240. All creditors should be scheduled even if debt is barred by Statute of Limitations, but scheduling the latter not a revival of the debt. In re Lipman, 2 \m. B. R. 46; 94 Fed. 353. In re Resler, 2 Am. B. R. 602; 95 Fed. 304. When claim has been reduced to judgment, record holder should be scheduled, whoever may be actual holder. Sellers v. Bell (C. C A. 5th Cir.), 2 Am. B. R. 529; 94 Fed. 80; 36 C. C. A. 502. That non-assignable claims need not be scheduled has been held in Louisiana Sup. Ct., as to claim based on libel. Irion v. Knapp, et al., 31 Am. B. E. 891. Creditor may institute proceeding to compel bankrupt to file schedules. In re Brockton Ideal Shoe Co. (C. C. A. 2d Cir.), 29 Am. B. R. 76; 200 Fed. 745; 119 C. C. A. 189. [See Form Xo. 38.] [As to partnership schedule, see notes following Form No. 4.] When debt not properly scheduled. — Weidenfeld v. Tillinghast (City C. X. Y.), IS Am. B. R. 531; 54 Misc. (X. Y.) 90; 104 X. Y. Supp. 712. Street number omitted. Cagliostro v. Indello, 17 Am. B. R. 685; 53 Misc. (X. Y.) 44; 102 X. Y. Supp. 918. Ilaack v. Theise, 16 Am. B. R. 699; 51 Misc. (X. Y.) 3. Kri'itlein v. Ferger (U. S. Sup. Ct.), 34 Am. B. R. 862; rev'g s. c. 28 Am. B. R. 908. Columbia Bank v. Birkett (U. S. Sup. Ct.), 12 Am B. R. 691; 195 U. S. 345: 49 L. Ed. 231, affg, s. c. (Ct. App. X. Y.), 9 Am. B. R. 481; 174 X. Y. 112; aff'g 65 App. Div. 615. Sclicdule of articles claimed as exempt not mandatory. Burke v. Guarantee Title and Trust Co. (C. C. A. 3rd Cir.), (supra). Lipman v. Stein (C. C. A. 3rd Cir), 14 Am. B. R. 30; 134 Fed. 235; 67 C. C. A. 17. In re McClintock, 13 Am. B. R. 606. Scheduling notes, " original payee." Broadway Trust Co. v. Mannheim (X. Y. Sup. Ct.), 14 Am. B. R. 122; 47 Misc. (N. Y.) 415. Hazard Manufacturing Co. v. Brown, 25 Am. B. R. 903. "Original mortgagee," Mueller v. Goerlitz (X. Y. Sup. Ct.), 17 Am. B. R. 687; 53 Misc. (X. Y.) 53; 103 X. Y. Supp. 1037. Guasti V. Miller (Ct. App. X. Y.), 26 Am. B. R. 797; 203 X. Y. 259; aff'g 144 App. Div. 898. 32 FORMS IX BANKRUPTCY. Graber r. Gault, 103 App. Div. (X. Y.) 511. McCreery and Co. v. Brown (Pa. Ct. Com. PL), 29 Am. B. Pv. 238. When business address not sufficient. AIcKee v. Preble et al. (X. Y. App. Div.), 31 Am. B. Pt. 852; 154 App. Div. (N. Y.) 156. Reasonable eflfort must be made to ascertain residence of creditor. Parker v. Murphy (Mass. Sup. Jud. Ct.), 31 Am. B. R. 646. Amendment by bankrupt to insert debts after estate is closed; when not allowed. In re Sayer, 32 Am. B. R. 90; 210 Fed. 397- In re Spicer, 16 Am. B. R. 802; 145 Fed. 431. Verification of schedules. — May be verified before State or Federal officers. Oaths and each separate page of schedules should be signed by the bankrupt. See, In re McConnell, 11 Am. B. R. 418. Corporate authorization must be averred. In re Jefferson Casket Co. (D. C. X. Y.), 25 Am. B. R. 663; 182 Fed. 689. President no implied authority to sign and verify under X. Y. statute s. c. (supra). False oath as to schedule. — A bankrupt not guilty of making a false oath because he omits from schedules securities which are worthless. InreMcCrea (C.€. A.2nd Cir.), 20 Am. B. R. 412; 161 Fed. 246; 88 C. C. A. 282. Admissibility of schedules in evidence. — Xot admissible against bankrupt in criminal proceedings. Johnson v. United States (C. C. A. 1st Cir.), 20 Am. B. R. 724; 163 Fed. 30; 89 C. C. A. 509. United States v. Chambers (C. C. X. Y.), 13 Am. B. R. 708; 135 Fed. 1023. United States v. Green, 34 Am. B. R. 405. When competent on question of insolvency and preferential transfer. In re Mandel (C. C. A. 2nd Cir.), 135 Fed. 1021; 68 C. C. A. 546; aff'g 10 Am. B. R. 774; 127 Fed. 863. In action to recover a preference. Utah Association of Credit Men v. Boyle Furniture Co. (Utah Sup.), 26 Am. B. R. 867. Hackney v. Hargreaves Bros., 13 Am. B. R. 164; 3 Xeb. 676. In re Docker-Foster Co. (D. C. Pa.), 10 Am. B. R. 584. [See, Chamberlyne on "Evidence," p. 3793.] Criminating statements in schedules. When bankrupt excused from filing on constitutional grounds. Podolin et al. v. Lesher Warner Dry Goods Co. (C. C. A. 3rd Cir.), 31 Am. B. R. 796; 210 Fed. 97; 126 C. C. A. 611; aff'g In re Podolin (D. C. Pa.), 30 Am. B. R. 576; 205 Fed. 563. See also, 8. c. 29 Am. B. R. 406; 202 Fed. 1014. FORMS IN BANKRUPTCY. 23 FORM No. 3. VOLUNTARY PETITION BY CORPORATION WITH RESOLUTION OF BOARD OF DIRECTORS. To the Honorable , Judge of the District Court of the United States, for the District of : The petition of of in the city of respectfully represents : That it is a corporation duly created, organized and existing under and by virtue of the laws of the State of , and is not a municipal, railroad, insurance or banking corporation ; that it has had its principal place of business and has carried on its principal business for the greater jDortion of six months next immediately preceding the filing of this petition at No in the city of within said judicial district; that it owes debts which it is unable to pay in full ; that it is willing to surrender all of its property for the benefit of its 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 its debts and (so far as it is possible to ascertain) the names and places of residence of its 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 its property, both real and personal, and such further statements concerning said property as are required by the provisions of said acts : That at a meeting of the board of directors of your petitioner duly called and held on the day of 191 . . . . , at which all of its directors were present, the following preamble and resolution were duly and unanimously adopted, viz. : " "Whereas this corporation is unable to pay its debts and is insolvent within the meaning of the Acts of Congress relating to bankruptcy : Resolved, That this corporation petition the United States District Court for the District of , for its adjudication as a bankrupt, and that , the president of this corpora- tion, be and he hereby is authorized and directed to make, verify and file all such petitions, schedules and other papers as may be requisite or necessary to procure such adjudication." 24 FOKMS IN BANKRUPTCY. Wherefore your petitioner prays that it may be adjudged by the Court to be a bankrupt within the purview of said acts. By Petitioner. Attorneys for Petitioner , Office and postoffice address, Street, <^,ity of CFnited States of America "^ District of , K-ss.: County of J I am the (insert official capacity ) of the petitioning debtor mentioned and described in the foregoing petition, and I do hereby make solemn oath that the statements contained therein are true according to the best of my knowledge, information and belief. Subscribed and sworn to before me this day of 19 (Official Character.) NOTES. Power of corporate board of directors to authorize filing of voluntary petiticm in absence of statutory limitations. Dodge V. Kenwood Ice Co. (C. C. A. 8th Cir.), 29 Am. B. R. 586; 204 Fed. 577; 123 C. C. A. 103; aflf'g In re Kenwood Ice Co. (D. C. Minn.), 26 Am. B. R. 499; 189 Fed. 525. In re Guanacevi Tunnel Co. (C. C. A. 2nd Cir.), 29 Am. B. R. 229; 201 Fed. 316; 119 C. C. A. 554. In re Foster Paint and Varnish Co. (D. C. Pa.), 31 Am. B. R. 548; 210 Fed. 652. Authority of board notwithstanding State statute prohibiting any sale, assignment or transfer of property without consent of stockholders. Bell V. Blessing (C. C. A. 9th Cir.), 35 Am. B. R. 672; 225 Fed. 750. See, on corporate authorization. In re Jefferson Casket Co. (D. C. N. Y.), 25 Am. B. R. 663; 182 Fed. 689. [See notes following Form No. 2.] FOEMS IN BANKRUPTCY. 25 FORM No. 4. VOLUNTARY PARTNERSHIP PETITION. To the Honorable Judge of the District Court of the United States, for the District of : The i^etition of respectfully represents : That your petitioners , have been partners under the firm name of liaviiig their principal place of business at No in the of in the County of and District of and State of for the greater portion of the six months next immediately preceding the filing of this petition ; that the said partners owe debts which they are unable to pay in full ; that your petitioners are willing to surrender all their property for the benefit of their creditors, except such as is exempt by law, and desire to obtain the benefit of the Acts of Congress relating to bankruptcy. That the schedule hereto annexed, marked A, and verified by oath contains a full and true statement of all the debts, of said partners, and, as far as possible, the names and places of residence, of their creditors, and such further statements concerning said debts as are required by the provisions of said Acts. That the schedule hereto annexed, marked B, verified hj oath contains an accurate inventory of all the property, real and personal, of said partners, and such further statements concerning said property, as are required by the provisions of said Acts. And said further states that the schedule hereto annexed, marked C, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said Acts ; and that the schedule hereto annexed, marked D, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said Acts. And said further states that the schedule hereto annexed, marked E, verified by his oath, contains a full and true statement of all his individual debts, and as far as possible, the names and places of residence of his creditors and such further statements concerning said debts as are required by the provisions of said Acts; and that the schedule hereto annexed, marked F, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said Acts. 26 FORMS IN BANKRUPTCY. Wherefore j'our petitioners pray that the said firm and each of them as individuals may be adjudged by a decree of the court to be bankrupts within the purview of said Acts. Petitioners. Attorney. United States of America, District of ss. : and , the petitioning debtors mentioned and described in the foregoing petition, do hereby make solemn oath that the statements contained therein are true according to the best of their knowledge, information and belief. Petitioners. Subscribed and sworn to before me this day of A. D., 19.... {Official Character.) NOTES. Act, Sees. 1, (19), 4, 5. General Order VI. Co-partnership petition. — Official form No. 2 not to be relied upon if adjudication of the partners as individuals is desired. Prayer should ask for an adjudication of the individuals as well as of the firm. In re Winp Yick Co., 13 Am. B. R. 757. In re Lenoir-Cross & Co. (D. C. Tenn.), 3.5 Am. B. R. 774; 226 Fed. 227. In re Stokes, 6 Am. B. R. 262; 106 Fed. 312. In re Sandorlin, 6 Am. B. R. 384; 109 Fed. 857. Schedules should be complete both for the firm and for each partner. In re Cay, 3 Am. B. R. ,529; 98 Fed. 870. In re Langslow, 1 Am. B. R. 258: 98 Fed. 869; 1 N. B. N. 232. If a partner is without the jurisdiction or refuses to join, the fact should be stated. If the former, he should be brought in by publication, as if the petition was against him. See Collier (10th Ed.), p. 157. FOKMS li\ BAXKKUPTCY. 27 FORM No. 5. VOLUNTARY PETITION OF PARTNERSHIP, ALL PARTNERS NOT JOINING. To the Honorable Judge of the District Court of the LTiiited States, for the District of : The petition of , and , of the of , in the County of , in said district, by occupation respectively and , respectfully shows : That your petitioners and are and have been part- ners under the style of .- , which partnership has had its principal place of business at the of , in the County of , in said district, for the greater portion of the six months next immediately preceding the filing of this petition; and that said partner- ship is insolvent and owes debts in excess of one thousand dollars ($1,000). That your petitioners as individuals each owes debts which he is unable to pay in full. That such partnership and your petitioners are willing to surrender its and their property for the benefit of its and their creditors, respectively, except such as is exempt by law, and desire to obtain the benefits of the bankruptcy law of 1898, as amended. That the said , whose place of residence is in the of , in the district of , has refused and still refuses to join in this petition; that he is neither a wage-earner nor a person engaged chiefly in farming or the tillage of the soil, and as an individ- ual, owes debts which he is unable to pay in full. [State whether non-con- senting partner is solvent or insolvent.] [That such partnership has been dissolved, l)ut there has as yet l)een no final settlement.] That the schedule hereto annexed marked A, and verified by your peti- tioners' oaths, contains a full and true statement of all the debts of said part- nership, and (so far as it is possible to ascertain) the names and residences of its creditors, and such further statements concerning said debts as are re- quired by said law. That the schedule hereto annexed marked B, and verified by your peti- tioners' oaths, contains an accurate inventory of all of the property of said partnership, both real and personal, and such further statements concerning said property as are required by said law\ That the schedule hereto annexed marked C, and verified by the oath of your petitioner, , contains a full and true statement of all of his individual debts, and (so far as it is possible to ascertain) the names and places of residence of his individual creditors, and such further statements concerning said debts as are required by said law. 28 FOEMS IN BANKEUPTCY. That the schedule hereto annexed marked D, and verified by the oath of your petitioner, , contains an accurate inventory of all of his individual property, both real and personal, and such further state- ments concerning said property as is required by said law. [Insert similar enumeration for each partner, making schedule " E, F, etc."] AA'herefore, your petitioners pray that such partnership and your petitioners as individuals may be adjudged bankrupt within the purview of such bank- ruptcy law of 1898 as amended, and that service of this petition with a subpoena be made upon , such non-consenting partner, to show cause why such partnership should not be adjudged bankrupt, and that such proceedings be had as are provided in said law and General Order VIII. of the Supreme Court and as the Court may order. PetitioneTS. >•• Attorney for Petitioners, (Address.) [A'erification.] (Attach schedules and summary statement for partnership, and individual schedules and summary statement for each petitioning partner.) NOTES. Sec. 5h. 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 P.althazard (D. C. Wis.), 22 Am. B. R. 298; 169 Fed. 481. If non-assenting partner is an absentee from jurisdiction he must be brought in by publication. See in re Murray (D. C. la.), 3 Am. B. E. 601; 96 Fed. 600. In re Russell, 3 Am. B. R. 91 ; 97 Fed. 32. 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. E. 459; 161 Fed. 445. In re TTansley and Adams CD. C. Cal.), 36 Am. B. R. 1 : 228 Fed. 564. .Sec, In re J." and M. Schwartz (D. C. X. Y.), 30 Am. B. R. 344; 204 Fed. 326. The proceedings as to creditors is, however, voluntary and creditor may not file answer. In re Junck and Balthazard (supra). What non-assenting partner may plead; may set up defense of solvency, and entitled to jury trial. In re Forbes (D. C. Mass.), 11 Am. B. R. 787; 128 Fed. 137. Under General Order VIII entitled to same notice as if petitioned against. FORMS IX BANKRUPTCY. 29 In re Altman, 2 Am. B. R. 407; 95 Fed. 263; atf'g 1 Am. B. R. 689. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. In re Carleton (D. C. Mass.), 8 Am. B. R. 270; 115 Fed. 246. In re Frcuiid, 1 Am. B. R. 25. Whether oourt has jurisdiction to adjudge non-consenting partner a bankrupt individually. In re Meyer (C. C. A. 2nd Cir.), 3 Am. B. R, 559 j 98 Fed. 976; 39 C. C. A. 368; aff'g, 1 Am. B. R. 565; 92 Fed. 896. (See notes following Form Xo. 9.) Effect of objection by non-joining partner, to petition filed and adjudication had ■without notice to him In re City Contracting and Building Co. (D. C. Haw.), 20 Am. B. R. 171. Court of bankruptcy has no jurisdiction to administer upon estate of an alleged secret partner without declaring him a bankrupt or finding him insolvent. In re Kramer and Muchnick, (D. C. Pa.), 33 Am. B. R. 223; 218 Fed. 138. FORM No. 6. AFFIDAVIT OF PAUPER IN VOLUNTARY PROCEEDINGS. In the District Court of the United States, for the District of : In the Mattee OF Bankrupt. State of County of being duly sworn, deposes and says : that he is the petitioner herein and resides (or has his principal place of business) at in the city of That he is wholly without money or means and cannot obtain the money with which to pay the necessary fees for the filing of this petition and that he has agreed to pay his attorney for his services the sum of $ no part of wliich has been paid. Sworn to before me this day of 19.... 30 FOEMS IN BANKRUPTCY. NOTES. Sec. 51a (2) General Order XXXV (4). Comp. Rules No. Dist. of N. Y. 5. Duty of clerk as to receipt of. In re Mason, 25 Am B. K. 73; 181 Fed. 899. Sellers v. Bell (C. C. A. 5th Cir.), 2 Am. B. R. 529; 94 Fed. 801; 36 C. C A. 502. In re Mines, 9 Am. B. R. 27; 117 Fed. 790. In re Collier, 1 Am. B. R. 182; 93 Fed. 191. In re Levy, 4 Am. B. R. 108; 101 Fed. 247. In re Plimpton, 4 Am. B. R. 614; 103 Fed, 776. FORM No. 7. rNVOLUNTARY PETITION BY THREE CREDITORS AGAINST INDIVIDUAL. 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 Second. That your petitioners are creditors of the said , having provable claims against him amounting in the aggregate in excess of securi-ties 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 04 (b) of the United States Bankruptcy Act and amendments thereof, nor has any of your petitioners received a preference within the meaning of Section GO (a)-(b) of such law as amended. lliird. 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.] of which no part has been paid though duly demanded. : The claim of petitioner is for : of which no part thereof has been paid though duly demanded. FORMS IN BANKEUPTCY. 31 : 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 or acts 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 Congress relating to bankruptcy and that he may be adjudged a bankrupt within the purview of said Acts. Dated , ,19 Petitioners. Attorneys 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 facts contained in the foregoing petition subscribed by them are true. Subscribed and sworn to before me, this day of , 19.... NOTES. Involuntary Proceedings. References. Bankruptcy Act, Sec. 1 (4) (10) (20) (22) (25), 2 (1), 3, 4, 5 (if against a partnership), 18, 59. General Orders IV, V, VI, VII, IX, XI. Equity llules XX, XXV, XXVIII, XXX. Should be filed in duplicate. Official Form No. 3 has been held defective. If petitioners are corporations, show where incorporated; if a partnership, set out firm name and add " a co-partnership composed of and etc." If the adjudication oi a partnership is desired, modify prayer for relief to ask adjudica- tion of both the partnership and the individuals composing same. 32 FOEMS IX BAXKKUPTCY. Filing, See, Millan v. Exchange Bank of Mannington (C. C. A. 4th Cir.), 24 Am. B. R. 889; 183 Fed. 753; 106 C. C. A. 327; certiorari denied in 219 U. S. 584; 55 L. Ed. 346. In re Stevenson, 2 Am. B. R. 66; 04 Fed. 110. In re Dupree, 8 Am. B. R. 321; 97 Fed. 28. In re Plymouth Cordage Co. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 135 Fed. 1000; 68 C. C. A. 434 Power to adjudicate. — Residence and domicile distinguished: ''A domicile once acquired is presumed to continue until it is shown to have been changed. Where a change of domicile is alleged the burden of proving it rests upon the person making the allegation. To constitute the new domicile two things are indispensable: First, residence in the new locality; and, Second, the intention to remain there. The change cannot be made except facto et animo. Both are alike necessary. Either without the other is insufficient. Mere absence from a fixed home, however long continued, cannot work the change. There must be the animus to change the prior domicile for another. Until the new one is acquired the old one remains." Mitchell v. United States, 21 Wall. 353. In re Davis (D. C. K J.), 33 Am. B. R. 16; 217 Fed. 113. Partnership domicile. In re Mitchell et al. (C. C. A. 2nd Cir.). 33 Am. B. R. 463; 219 Fed. 690; 135 C. C. A. 362. In re Williams, 9 Am. B. R. 736; 120 Fed. 34. In re Williams, 3 Am. B. R. 677; 99 Fed. 544. In re Berner, 3 Am. B. 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. In re Garneau (C. C. A. 7th Cir.), 11 Am. B. R. 679; 127 Fed. 677; 62 C C. A. 403. In re Waxelbaum, 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. In re Lemon (D. C. 0.), 30 Am. B. R. 638; 208 Fed. 80. Absconder — Presumption of residence. In re Oldstein (D. C. Ore.), 25 Am. B. R. 138; 182 Fed. 409. Involuntary proceedings may be brought in the district where the alleged bankrupt has for the greater part of six months preceding the filing of the petition resided, although he may at the same time be without such district. Hills v. F. b. McKinness Co. (D. C. 0.), 26 Am. B. R. 329; 188 Fed. 1012. Who may be adjudged an involuntary bankrupt. In re Voder, 11 Am. B. 11. 445; 129 Fed. 894. In re Mackey, 6 Am. B. R. 577; 110 Fed. 355. In re Drake, 8 Am. B. R. 137; 114 Fed. 229. Wulburn v. Drake (C. C. A. 4th Cir.), 9 Am. B. R. 695; 120 Fed. 493; 56 C. C. A. 64; afT'g 8 Am. B. R. 137; 114 Fed. 229. In re Thompson, 4 Am. B. R. 340; 102 Fed. 287. Bank of Dearborn v. Matney, 12 Am. B. R. 482; 132 Fed. 75. Couts V. Townsond, 11 Am. B. R. 126; 126 Fed. 249. Rise V. Bordner, 15 Am. B. R. 297; 140 Fed. 566. Amendment of 1910 to § 4, not retroactive. FORMS IN BANKETJPTCY. 33 In re U. S. Restaurant & Realty Co. (C. C. A. 2nd Cir.), 25 Am. B. R. 915; 187 Fed. 118; 109 C. C. A. 36. No jurisdiction to adjudicate a person bankrupt, who was insane at time alleged act of bankruptcy was committed. In re Ward (D. C. N. J.), 28 Am. B. R. 29; 194 Fed. 174. See In re Eisenberg (D. C. N. Y.), 8 Am. B. R. 551; 117 Fed. 786. In re Funk (D. C. la.), 4 Am. B. R. 9G; 101 Fed. 244. In re Kehler (C. C. A. 2nd Cir.), 19 Am. B. R. 513; 159 Fed. 55; 86 C. C. A. 245; certiorari denied, 212 U. S. 573; 53 L. Ed. 656. (18 Am. B. R. 596; 153 Fed. 235 reversed). Married woman when engaged in business on her own account or owes business obligations. MacDonald v. Teirt-Weller Co. et al., 11 Am. B. R. 800; 128 Fed. 381; 63 C. C. A. 123. See, In re Remaley, 23 Am. B. R. 29. Infant. [See, notes, "Voluntary Petition"]. [See, "Collier on Bankruptcy" (10th ed.) p. 124]. Ratification of debts after becoming of age, whether same be founded in contract or tort, hehl sufficient to authorize adjudication. In re Mandel (Ref. X. Y.), 33 Am. B. R. 42. Farmers. Statute should be construed ordinarily as having reference to the conditions exist- ing at the time an alleged act of bankruptcy was committed. In re Leland (D. C. Mich.), 25 Am. B. R. 209 and foot note; 185 Fed. 830. In re Hoy (D. C la.), 14 Am. B. R. 648; 137 Fed. 175. In re Brown (D. C. la.), 13 Am. B. R. 140; 132 Fed. 70G. How question determined. American Agricultural Chemical Co. v. Brinkley, 27 Am. B. R. 438; 194 Fed. 411; 114 C. C. A. 373. In re Dwyer (C. C. A. 7th Cir.), 25 Am. B. R. 913; 184 Fed. 880; 107 C. C. A. 204. In re Burgin (D. C Ala.), 22 Am. B. R. 574; 173 Fed. 7-20. In re Matson (D. C. Pa.), 10 Am. B. R. 473; 123 Fed. 743. Farmer who conducts dairy may not be adjudged. Gregg V. .Mitchell (C. C. A. 6th Cir.), 21 Am. B. R. 659; 166 Fed. 725; 92 C. C. A. 415. Nor though farmer makes a general assignment. Olive V. Armour and Co. et al. (C. C. A. 5th Cir.), 21 Am. B. R. 901; 167 Fed. 517; 93 C. C. A. 153. In re Johnson (D. C. N. Y.), 18 Am. B. R. 74; 149 Fed. 8. In re Terry et al. (D. C. Pa.), 30 Am. B. R. 631; 208 Fed. 162. Counts v. The Columbus Buggy Co. et al., 31 Am. B. R. 312; 210 Fed. 748; 127 C. C. A. 298. Applies only to natural persons, not corporations. In re Lake Jackson Sugar Co. (D. C. Tex.), 11 Am. B. R. 458; 129 Fed. 640. Partnership engaged in farming has same rights as natural person. H. D. Still's Sons v. American Nat. Bank, 31 Am. B. R. 320; 209 Fed. 749; 126 C. C. A. 473. In re Duke & Son, 28 Am. B. R. 195. 34 FORMS IX BANKEUPTCY. Wage-earner. A person giving music lessons at so much per hour not a wage-earner within meaning of the act. First Nat. Bank of Wilkesbarre v. Barnum, 20 Am. B. R. 439; 160 Fed. 245. Wage-earner — When not within meaning of act. In re AVakefield (D. C. Cal.), 25 Am. B. R. 118; 182 Fed. 247. Compare In re Pilger, 9 Am. B. R. 244; 118 Fed. 206. Petition should contain allegation that person petitioned against is in neither of exempted 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, 15 Am. B. R. 297; 140 Fed. 566. Edelstein v. United States (C. C. A. 8th Cir.), 17 Am. B. R. 649; 149 Fed. 636; 79 C. C. A. 328. Conway v. German (C. C. A. 4th Cir.), 21 Am. B. R. 577; 166 Fed. 67; 91 C. C. A. 653. Exempt person who has incurred debts in non-exempt occupation is not subject to adjudication upon debts incurred while in tlie exempt occupation. In re Folkstad, 29 Am. B. R. 77; 199 Fed. 363. 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 Underwriters, 13 Am. B. R. 722; 137 Fed. 987. A joint stock association. In re Hercules Atkin Co. Ltd., 13 Am. B. R. 369; 133 Fed. 813. In re The Associated Trust, 34 Am. B. R. 851. An ordinary building and loan association, not amenable to Act. In the Matter of New York Building Loan Banking Co. (D. C. N. Y.), 11 Am. B. R. 51; 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. Who may be a petitioning creditor. In re Ryan, 7 Am. B. R. 502; 114 Fed. 373. In re Brown, 7 Am. B. R. 102; 111 Fed. 979. No power in court to compel creditors to become petitioners. In re Gillette & Prentice, 5 Am. B. R. 119; 104 Fed. 769. What is necessary in determining amount of claims of petitioning creditors. In re Hughes (D. C. N. Y.), 25 Am. B. R. 556; 183 Fed. 872. When bankrupt entitled to liquidation of claims of petitioners before answer. In re Smith, 31 Am. B. R. 560; 209 Fed. 90. [Ed. Note] — As to whetlier a petitioning creditor must have been a creditor at the time of the commission of tlie alleged act of bankruptcy, authorities are somewhat divided. The rule as stated, In re Ilanyan, infra, seems to be the correct ruling. In re Ilanyan, 24 Am. B. R. 72; 180 Fed. 498; afT'd, 24 Am. B. R. 954; 181 Fed. 1021; 104 C. C. A. 667. Compare In re Callison, 12 Am. B. R. 344; 130 Fed. 987; aff'd, sub nom.. Brake v. Callison (C. C. A. 5th Cir.), 11 Am. B. R. 797; 129 Fed. 201; 63 C. C. A. 359. In re Brinckmann (D. C. Ind.), 4 Am. B. R. 551; 103 Fed. 65. Beers v. Ilanlin. 3 Am. B. R. 745; 99 Fed. 695. In re Stone (D. C. Pa.), 30 Am. B. R. 392; 206 Fed. 356. FOKMS IN BANKEUPTCY. 35 See, as to assigned claim: In re Lewis F. Terry & Whitney Co. (D. C. Mass.), 22 Am, B. R. 772; 172 Fed. 745. Creditor having provable claim; wife of alleged bankrupt. In re Novak, 4 Am. B. R. 311; 101 F'ed. 800. Only one creditor. In re Penzansky, 8 Am. B. R. 99. Stockholders. In re Rollins, etc., Co., 2 N. B. N. Rep. 988. Relative. Perkins v. Dorman, 30 Am. B. R. 767; 206 Fed. 858. A co-operative association extending credit in violation of" statute held not to have a provable debt and not entitled to be a petitioning creditor. In re Wyoming Valley Co-operative Association (D. C. Pa.), 28 Am. B. R. 462; 198 Fed. 436. Unliquidated claim; authorities divided. If provable and founded on contract. In re F. L. Grant Shoe Co. (0. 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. (D. C. N. Y.), 7 Am. B. R. 408; 114 Fed. 400; aff'd, sub nom., In re Stern (C. C. A. 2nd Cir.), 8 Am. B. R. 569; 116 Fed. 604; 54 C. C. A. 60. In re Brinckniann (D. C. Ind.), 4 Am. B. R. 551; 103 Fed. 65. In re Morales, 5 Am. B. R. 425; 105 Fed. 761. But otherwise where claim lias been reduced to judgment. In re Putman, 27 Am. B. R. 923; 193 Fed. 464. 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; 163 Fed. 118. Stroheim v. Perry and Whitney Co. (C. C. A. 1st Cir.), 23 Am. B. R. 695; 175 Fed. 52; 99 C. C. A. 68; aff'g 22 Am. B. R. 772; 172 Fed. 745. Dummy claimant to whom a claim has been assigned as a subterfuge and witliout consideration not qualified. In re Pangborn, 26 Am. B. R. 40; 185 Fed. 673. Endorser. In re Gerson, 5 Am. B. R. 89; 105 Fed. 891; afT"d (C. C. A. 3rd Cir.), 6 Am. B. R. 11; 107 Fed. 897; 47 C. C. A. 49. In re Howell (C. C. A. 2nd Cir.), 32 Am. B. R. 572; 215 Fed. 1; 131 C. C. A. 309. Holder of note not yet due. In re Rothenberg, 15 Am. B. R. 485; 140 Fed. 798. Plaintiff in an action for damages. In re Crafts-Riordon Shoe Co., 26 Am. B. R. 449; 185 Fed. 931. Secured creditors. To the extent of their provable claims in excess of the value of the securities held, but only to such extent. Emerine v. Tarault (C. C. A. 6th Cir.), 34 Am. B. R. 55; 219 Fed. 68; 134 C. C. A. 606. Creditors who have secured voidable preference. In re llornstcin, 10 Am. B. 11. 30S; 122 Fed. 266. In re Herzikopf. 9 Am. B. R. 90; 118 Fed. 101. In re Xoroross, 1 Am. B. R. 644. In re Cain, 2 Am. B. R. 378. In re Gillette, 5 Am. B. R. 119; 104 Fed. 769. In re Fishblate Clothing Co., 11 Am. B. R. 204; 125 Fed. 986. In re 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. In re :Murphy (D. C. Mass.), 35 Am. B. R. 635; 225 Fed. 392. 3G FORMS m BANKEUPTCY. Creditors holding attachments. In re Burlington Malting Co. (D. C. Wis.), 6 Am. B. R. 369; 109 Fed. 777. In re Schenkein (D. C. N. Y.), 113 Fed. 421, rev'g s. c. 7 Am. B. R. 162. Contra. In re Hornstein (D. C. N. Y.), 10 Am. B. R. 308; 122 Fed. 266. Furehaser of claim after filing of petition. Emerine v. Tarault (C. C. A. 6th Cir.), (supra). 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 Kllis {C. C. A. 6th Cir.), 16 Am. B. R. 221; 143 Fed. 103; 74 C. C. A. 297. Ta.x collector under Massachusetts statute. In re Corwin Mfg. Co., 26 Am. B. R. 269; 185 Fed. 976. 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 luider, general assignment, may not be peti- tioning creditor. Moulton V. Coburn (C. C. A. 1st Cir.), 12 Am. B. R. 553; 131 Fed. 201; 66 C. C. A. 90; affg In re Coburn, 11 Am. B. R. 212. Durham Paper Co. v. Seaboard Knitting Mills, 10 Am. B. R. 29; 121 Fed. 179. See, In re Curtis (C. C. A, 7th Cir.), 2 Am. B. R. 226; 94 Fed. 630; 36 C. C. A. 430. Simonson v. Sinsheimer (C. C. A. 6th Cir.), 3 Am. B. R. 824; 100 Fed. 426; 40 C. C. A. 474. In re Commonwealth Lumber Co. (D. C. Wash.), 35 Am. B. R. 202; 223 Fed. 667. In re Weedman Stave Co. (D. C. Ark.), 29 Am. B. R. 460; 199 Fed. 948. In re Gold Run Mining and Tunnel Co. (D. C. Col.), 29 Am. B. R. 563; 200 Fed. 162. Strolieim v. Perry and Whitney Co. (supra). C^orporation 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. Creditor and officer of a corporation •who has caused alleged act of bankruptcy may not. In re Taylor House Association, 31 Am. B. R. 727; 209 Fed. 924. Utz and Dunn Co. v. Regulator Co., 32 Am. B. R. 167; 213 Fed. 315. Despres et al. v. Galbraith, 32 Am. B. R. 170; 213 Fed. 190. Right of petitioning creditor to withdraw. ^\'hcn creditor has used the machinery of the court and obtained a settlement of his claim he cannot withdraw from the proceeding. In re Beddingfield, 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). Frame of petition. May set fortli several and distinct acts of bankruptcy. Bradley Timber Co. v. White, 10 Am. B. R. 329; 121 Fed. 779; 58 C. C. A. 55; afT'g 9 Am. B. R. 441. Nature of petitioner's claims. In re White. 14 Am. B. R. 241; 135 Fed. 199. Conway v. German (C. C. A. 4th Cir.), 21 Am. B. R. 577; 106 Fed. 67; 91 C. C. A. 653. FORMS IX BANKEUPTCY. 37 Agent's authorit}' shoiild be sot forth. In re Levingston, 13 Am. B. R. 357. Petition should not be disjunctive in form as to statutory averments. Jn re Laskaris (D. C. X. Y.), 1 Am. B. R. 480. Petition should set forth facts, not legal conclusions, which should be alleged affirm- atively and distinctly. In re Plotke, 5 Am. B, R. 171; 104 Fed. 964; 44 C. C. A. 282. Sufficiency 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 Cir.), 15 Am. B. K. 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. General averments of acts of bankruptcy, insufficient. In re Hallin, 28 Am. B. R. 708; 199 Fed. 806. In re Sig. H. Rosenblatt & Co. (C. C. A. 2nd Cir.), 28 Am. B. R. 401; 193 Fed. 638; 113 C. C. A. 506. In re Bellah, 8 Am. B. R. 310; 116 Fed. 69. In re Deer Creek Water & Water Power Co., 29 Am. B. R. 356; 205 Fed. 205. In re R. L. Radke Co., 27 Am. B. R. 950; 193 Fed. 735. In re Truitt (D. C. Md.), 29 Am. B. R. 570; 203 Fed. 550. In re Farthing, 29 Am. B. R. 732; 202 Fed. 557. 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. 030. Essential to allege " insolvency at time of transfer." In re Hammond (D. C. X. Y".), 20 Am. B. R. 776; 163 Fed. 548. Where a petition shows upon its face and there is established upon the trial a sufficient petitioning creditor, the absence in the petition of a statement of tlu- amount claimed by sucli petitioning creditor may be disregarded. In re Pangborn, 26 Am. B. R. 40; 185 Fed. 673. Sabin v. Blake-McFall Co, (C. C. A. 9th Cir.), 35 Am. B. R. 179; 223 Fed. 501; 139 C. C. A. 49. Prayer for adjudication. In re Wing Yick Co., 13 Am. B. R. 757. Material allegations in petition held privileged as against libel charge. Rosenberg v. Dworetsky (N. Y. Sup. Ct.), 24 Am. B. R. 583; 139 App. Div. (N. Y.) 517; 124 X. Y. Supp. 191. Verification of petition. In re Brunielkamp, 2 Am. B. K. 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. 252; 136 Fed. 407; 69 C. C. A. 251. 38 FORMS IX BANKRUPTCY. In re Giequasset Lumber Co., 7 Am. B. E. 87; 112 Fed. 56. "According to the best of knowledge, information and belief " held defective in North Carolina, but not jurisdictional, so may be amended. In re Farthing, 29 Am. B. R. 732; 202 Fed. 557. Sabin v. Blake-McFall Co. (C. C. A. 9th Cir.), 35 Am. B. R. 179; 223 Fed. 501; 139 C. C. A. 49. Signing and verifying by attorney; requisites and practice. In re Miles Paint Mfg. Co. (D. C, Pa.), 32 Am. B. R. 794. May be verified in New York before commissioner of deeds. In re Morse, 32 Am. B. R. 207; 210 Fed. 900. Defect not jurisdictional and answering on merits waives. Leidigh Carriage Co. v. Stengel, 2 Am. B. R. 383; 95 Fed. 637. Simonson v. Sins- heimer (C. C. A. 6th Cir.), 95 Fed. 948; 37 C. C. A. 337. No abuse of discretion to allow amendment. Armstrong v. Fernandez (U. S. Sup.), 19 Am. B. R. 740; 208 U. S. 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; 123 App. Div. (N. Y.) 453; 108 N. Y. Supp. 391. Bank not having actual notice of the filing of the petition not liable for checks paid out after the time of such filing. In re Zotti (C. C. A. 2nd Cir.), 26 Am. B. R. 234; 186 Fed. 84; 108 C. C. A. 196; aflf'g 23 Am. B. R. 812; 178 Fed. 304; certiorari denied. 223 U. S. 718; 56 L. Ed. 628. Acts of Bankruptcy. Fraudulent transfers, Sec. 3-a (1). Transfer of corporation's income to stockholder. In re R. L. Radke Co. (D. C. Cal.), 27 Am. B. R. 950; 193 Fed. 735. In re Larkin, 21 Am. B. R. 711; 168 Fed. 100. General averments insufficient. In re Rosenblatt & Co. (C. C. A. 2nd Cir.), 28 Am. B. R. 401; 193 Fed. 638; 113 C. C. A. 506. In re Brockton Ideal Shoe Co. (C. C. A. 2d Cir.), 29 Am. B. R. 840; 202 Fed. 199; 120 C. C. A. 447. In re Condon (C. C. A. 2nd Cir.), 31 Am. B. R. 754; 209 Fed. 800; 126 C. C. A. 524. In re White (D. C. Pa.), 14 Am. B. R. 241; 135 Fed. 199. Concealment of property. Sec. 3-a (1). Sufficiency of petition. In re Clazicr, 28 Am. B. R. 391; 195 Fed. 1020. In re Shoesmitli (C. C. A. 7th Cir.), 13 Am. B. R. 645; 135 Fed. 684; 68 C. C. A. 322. In re Hark Bros. (D. C. Pa.), 14 Am. B. R. 400. When the evidence establishes the fact that a debtor has mortgaged his property with intent to hinder and delay his creditor the burden of proving his solvency rests upon him. Louisiana Nat. Life Ass. Soe. v. Segen (D. C. La.), 28 Am. B. R. 407; 196 Fed. 903. FOEMS 12^ BANKRUPTCY. 39 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. Sec. 3-a (2). In re London (C C A. 2nd C'ir.), (supra). Jones V. Aug. Wright Co. (C. C. A. 4th Cir.), 25 Am. B. R. 947; 184 Fed. 987; 106 C. C. A. 665. Pollock V. Simon (D. C. Pa.), 30 Am. B. R. 390; 205 Fed. 1005. In re Pangborn, 26 Am. B. R. 40; 185 Ft-d. 673. Execution of a trust mortgage within four months held to constitute. Rouse V. Ottenwess and Huxoll (C. C. A. 6th C'ir.), 31 Am. B. R. 115; 208 Fed. 881; 126 C. C. A. 90. See, In re Ottenwess, 27 Am. B. R. 579. Payments in small amounts in the usual course of business are not deemed preferences. In re Columbia Real Estate Co., 30 Am. B. R. 471 (and foot note) ; 205 Fed. 980. A voluntary assignment of all the assets of a partnership by one partner though not participated in by other 2>artners is an act of bankruptcy for which tlie firm may be adjudicated. Youngbluth v. Slipper et al. (C. C. A. 0th Cir.), 26 Am. B. R. 265; 185 Fed. 773; 108 C. C. A. 106. Insufficient allegations. Conway v. German (C. C. A. 4tli Cir.), 21 Am. B. R. 577; 166 Fed. 67; 91 C. C. A. 653. In re Stone (D. C. Pa.), 30 Am. B. R. 392; 206 Fed. 356. Intent. Allegation of, necessary. In re Hammond (D. C. K Y.), 20 Am. B. R. 776; 163 Fed. 548. In re Smith (D. C. N. ¥.), 23 Am. B. R. 864; 176 Fed. 426. Amount of the payment makes no difference if the requisite intent existed; but it does make a difference in determining whether or not the intent did e.xist. In re Perlhefter & Shatz (D. C. N. Y.), 25 Am. B. R. 576; 177 Fed. 299. Proof of unnecessary unless insolvency be shown at time of transfer. In re Kassel (C. C. A. 2nd Cir.), 28 Am. B. R. 2.33; 195 Fed. 492; 115 C. C. A. 402. Preference first brought out at a subsequent reference, when may not be used as an act of bankruptcy. In re Perlhefter & Shatz (supra). "Permitting preferences through legal proceedings." Sec. 3-a (3). Failure to vacate a preference resulting from judgment levy and sale is an act of bankrujjtcy even though the judgment debtor is a corporation and defended in good faith, l>rovided such corporation was insolvent five days before the day set for the sale. In re Rung Furniture Co. (C. C. A. 2nd Cir.), 14 Am. B. R. 12; 139 Fed. 526; 71 C. C. A. 342; aff'g 10 Am. B. R. 44. Computation of time for comph'tion of such act of l)ankrnptoy: wlicn ])('tition prematurely filed. Pittsbirrgh Laundry Supply Co. v. imi)erial Laundry Co. (C. C. A. 3rd Cir.), IS 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 Xat. Hotel and Cafe Co., 15 Am. B. R. 69; 138 Fed. 947. Levy of an execution against a partnership. Faihu'e to diseharge levy constitutes nn 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. 40 FORMS IN BANKRUPTCY. Sale under distress for reut may not constitute an act of bankruptcy. Richmond, etc., Co. v. Allen (C. C. A. 4tli Cir.j, 17 Am. B. H. 583; 148 Fed. 657; 78 C. C. A. 389. A creditor's petition wliich 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 meaning of this section. In re Vetterman (D. C. X. 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. In re Fineman (D, C. Pa.), 34 Am. B. H. 245; 223 Fed. 652. In re Windt (D. C. Conn.), 24 Am. B. R. 536; 177 Fed. 584. See, Citizens Banking Co. v. Ravenna Xat. Bank (U. S. Sup.), (infra). Lien obtained beyond four months' period and enforced -within said period. Colston V. Austin Run Mining Co., 28 Am. B. R, 92; 194 Fed. 929; 114 C. C. A. 565. " Legal proceedings." Include attachment. In re Putnam (D. C. Cal.), 27 Am. B. R. 923; 193 Fed. 464; aff'd, Folger v. Putnam, 28 Am. B. R. 173; 194 Fed. 793; 114 C. C. A. 513. Confession of judgment. In re Truitt, 29 Am. B. R. 570; 203 Fed. 550. Failure to vacate invalid levy on mortgagor's equity of redemption under Mis- souri law. In re Moark-Xemo Cons. Mining Co., 34 Am. B. R. 201; 219 Fed. 340. Sufliciency of petition under clause (3) of Sec. 3-a; must allege the issuance of an execution upon the judgment or of the levying thereof upon any property of the judgment debtor and as to proposed sale. An averment couched in the very general language of the statute presents no triable issue and is therefore insufficient. In re Pressed Steel Wagon Goods Co. (D. C. Mich.), 27 Am. B. R. 44; 193 Fed. 811. In re Vastbinder (D. C. Pa.), 11 Am. B. R. 118; 126 Fed. 417. In re Rome Planing Mills (D. C. X. Y.), 3 Am. B. R. 123; 96 Fed. 812. Seaboard Steel Casting Co. v. Wm. R. Trigg Co. (D. C. Va.), 10 Am. B. R. 594; 124 Fed. 75. Failure to vacate attachment. Law stated by the Supreme Court. Citizens Banking Co. v. Ravenna Xat. Bank, 32 Am. B. R. 477; 234 U. S. 360; 58 L. Ed. 1352. Rev'g and answering questions certilied. Ravenna Xat. Bank v. Curtiss, 30 Am. B. R. 818; 202 Fed. 892; 121 C. C. A. 250. Sale on foreclosure subject to confessed judgment. In re Fisher, 33 Am. B. R. 628; 219 Fed. 638. General assignment for benefit of creditors. Sec. 3-a (4). Construed in generic sense. In re Tomlinson 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. ^^^lat constitutes a general assignment for benefit of creditors. Courtenay Mercantile Co. v. Finch et al. (C. C. A. 8th Cir.), 27 Am. B. R. 688; 194 Fed. 368; 114 C. C. A. 328. In re Courtenay Mercantile Co., 26 Am. B. R. 365; 186 Fed. 352. FOEMS IN BANKRUPTCY. 41 See, Griffen v. Button (C. C. A. 1st Cir.), 21 Am. B. R. 449; 1G5 Fed. 626; 91 C. C. A. 614. Canner v. Webster- Tapper Co., 21 Am. B. R. 872; 168 Fed. 519; 93 C. C. A. 541. In re Heleker Bros. Mercantile Co., 33 Am. B. R. 503; 216 Fed. 963. Conveyance in trust for benetit of creditors though without preferences an act of bankruptcy. In re Salmon and Salmon, 16 Am. B. R. 122; 143 Fed. 395. May be made without a formal deed of assignment. In re Bennett Shoe Co. {supra). An act of bankruptcy irrespective of fraudulent intent or solvency or insolvency. Gill V. Farmers' & Manufacturers' Bank, 35 Am. B. R. 91; 176 S. W. 1111. Essential allegations as to giving of mortgage. In re Flint Hill Stone and Construction Co., 18 Am. B. R. 81; 149 Fed. 1007. When act charged is the making of a general assignment it is not necessary that insolvency be alleged or proved, nor is solvencj^ a defense. In re Farthing, 29 Am. B. R. 732 and foot note; 202 Fed. 557. In re Richardson (D. C. Mass.), 27 Am. B. R, 590; 192 Fed. 50. Corbett v. Riddle, 31 Am. B. R. 330; 209 Fed. 811; 126 C. C. A. 535. West Co. V. Lea Bros & Co., 2 Am. B. R. 463; 174 U. S. 590; 43 L. ed. 1098. Clark V. Henne and Meyer et al. (C. 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 re Tupper, 20 Am. B. R. 824; 163 Fed. 766. In re Ball, 19 Am. B. R. 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. 330. In ro Federal Lumber Co., 26 Am. B. R. 438; 185 Fed. 926. In re Meyer (C. C. A. 2nd Cir.), 3 Am. B. R. 559; 98 Fed. 976; 39 C. C. A. 368. Appointment of receiver. Sec. 3-a (4). Since amendment of 1903 a receivership is not an act of bankruptcy imless it was procured 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 Qr.), 14 Am. B. R. 129; 139 Fed. 244; 71 C. C. A. 370; rev'g s. c. 13 Am. B. R. 223. See, Blue :Mountain Iron and Steel Co. v. Portncr (C. C. A. 4th Qr.), 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 iinder 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; 76 C. C. A. 409. 42 FORMS IN BANKRUPTCY. 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; 131 Fed. 769. 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. Hill, Receiver v. Western Electric Co. et al. (C. C. A. 6th Cir.), 32 Am. B. R. 332; 214 Fed. 243; 130 C. C. A. 613; atf'g, In re Rankin, 32 Am. B. R. 45; 210 Fed. 529 In re Wenatchee Heights Orchard Co. (D. C. Wash.), 30 Am. B. R. 401; 204 Fed. 674. In re Maplecroft Mills (C. C. A. 4th Cir.), 35 Am. B. R. 311; 226 Fed. 415; rev'g s. c. 33 Am. B. R. 815; 218 Fed. 659. Fraudulently procuring appointment of receiver. In re Muir, 31 Am. B. R. 528; 212 Fed. 495. See, James Supply and Hardware Co. v. Dayton Coal and Iron Co. Ltd. (C. C. A. 6th Cir.), 34 Am. B. R. 649; 223 Fed. 991; 139 C. C. A. 367. Allegation of insolvency — • when held insufficient. Butler & Co., Inc. v. Palmenberg (C, C. A. 1st Cir.), 30 Am. B. R. 502; 207 Fed- 705; 125 C. C. A. 223. When sufficient. Exploration ^lercantile Co. v. Pacific Hardware & Steel Co. (C. C. A. 9th Cir.), 24 Am. B. R. 216; 177 Fed. 825; 101 C. C. A. 39. Doyle-Kidd Dry Goods Co. v. Sadler-Lusk T. Co., 30 Am. B. R. 604: 206 Fed. 813. In re Valentine Bohl Co. (C. C. A. 2nd Cir.), 34 Am. B. R. 855; 224 Fed. 685; 140 C. C. A. 225. A petition which charges that a corporation while insolvent consented to the appointment of a receiver does not charge an act of bankruptcy since same is not tan- tamount to "applying for a receiver" under Sec. 3-a (4) of Act. In re Gold Mining and Tunnel Co. (D. C. Col.), 29 Am. B. R. 563; 200 Fed. 162. Appointment of receiver by State court not presumptively on the ground of insolvency, Schumert & Warfield, Ltd. v. Security Brewing Co. (D. C. La.), 28 Am. B. R. 676; 199 Fed. 358. Evidence aliunde. In re Edward Ellsworth Co. (D. C. N. Y.), 23 Am. B. R. 284; 173 Fed. 699. In re Muir (D. C. Pa.), (supra). Four months period. Sec. 3-b. The date of an amendment to a defective involuntary petition must be taken as the date from which the four months' period of Sec. 3-b is to be computed. In re Condon (C. C. A. 2nd Cir.), 31 Am. B. R. 754; 209 Fed. 800; 126 C. C. A. 524; aff'g, s. c. 29 Am. B. R. 907. In re Perlhefter and Shatz (D. C. X. Y.), 25 Am. B. R. 576; 177 Fed. 299. What constitutes notorious, e.vclusive or continuous possession of property required by Sec. 3-b. Jones v. Coates (C. C. A. 8th Cir.). 28 Am. B. R. 249; 196 Fed. 860; 116 C. C. A. 422. In re Bogen, 13 Am. B. R. 529; 134 Fed. 1019. In r« Woodward, 2 Am. B. R. 233; 95 Fed. 260. FOEMS IX BAXKEUPTCY. 43 FORM No. 8. INVOLUNTARY PETITION AGAINST A CORPORATION. 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 : Fir^L That , is a monied, Ijusiness or commercial corporation organized under and pursuant to the laws of the State of , and is not a municipal, railroad, insurance or banking corporation and is principal!}^ engaged in and that it has for the greater portion of the six months next preceding the date of the filing of this petition had its principal place of business in the City of State and District aforesaid, and owes delfts 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. Second. That your j^etitioners are creditors of the said , having provaljle 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 6-t (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)-fb) 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.] of which no part 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 it did heretofore, to wit: [Here set forth act or acts specifically, giving facts bringing under Sec. S-a.] 44 FOEMS IX BAXKEUPTCY. A\Tierefore, your petitioners pray that service of this petition with a subpoena may be made upon the said , as provided in the Acts of Congress relating to bankruptcy and that it may be adjudged a bankrupt within the purview of said Acts. Dated, , , 19.... Petitioners. A ttorney for Petitioners. Office and Post Office Address, [Verification as in Form Xo. 7.] NOTES. Allegation of nature of business in an involuntary petition is not jurisdictional and may be corrected by amendment. In re Broadway Savings Trust Co. (C. C. A. 8th Cir.), 18 Am. B. R. 254; 152 Fed. 152; SI C. C. A. 58. Principal place of business.— In re Brice, 2 Am. B. R. 197; 93 Fed. 942. Dressel v. North State 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. Home Powder Co. v. Geis, 29 Am. B. R. 580: 204 Fed. 568; 123 C. C. A. 94. In ro Tygarts River Coal Co., 30 Am. B. R. 183; 203 Fed. 178. In re Tennessee Construction Co., 32 Am. B. R. 405; 213 Fed. 33; 129 C. C. A. 627; afl'g, 31 Am. B. R. 67; 207 Fed. 203. In re Perry Aldrich Co. (D. C. Mass.), 21 Am. B. R. 244; 165 Fed. 249. Articles of incorporation not controlling. In re Beicrmeister Bros. Co. (1). C. N. Y.). 31 Am. B. R. 474; 208 Fed. 94.5. In re Wenatchee, etc., Orchard Co. (D. C. Wash.), 30 Am. B. R. 540; 205 Fed. 964. A question of fact. In re Pennsylvania Consol. Coal Co., 20 Am. B. R. 872; 163 Fed. 579. In re E. and fi. Theater Co., 35 Am. B. R. 255; 223 Fed. 657. Filing of certificate does not make or constitute principal place of business. In re Thomas McNally Co. (D. C. N. Y.), 31 Am. B. R. 382; 208 Fed. 291; revs'g, S. C. 29 Am. B. R. 772. 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. FOKMS IX BANKEUPTCY. 45 FORM No. 9. INVOLUNTARY PETITION BY ONE CREDITOR AGAINST A PARTNER. SHIP. To the Honorable , Judge of the District Court of tlie United States, for the District of : The petition of , of , respectfully shows : First. That and are and have been co-partners, doing l)usiness 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 filing of this petition ; that the said partnership is insolvent and owes del)ts to the amount of one thousand dollars and upwards and is neither a wage-earner nor a j^erson 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 ])y 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 Gi (1j) of the United States Bankruptcy Act and the amendments thereof, nor has he received a jDreference within the meaning of Section GO (a-b) of such law as amended. Fourlli. That the nature and amount of 3'our petitioners claim is as follows : Xo 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 may be made upon the said and 46 FOEMS IN BAXKKUPTCY. 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, Attornei/ for Petitioner, Office and Post OfBce Address, Street, [Verification as in Form Xo. 7.] NOTES. Sec. 5h. 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. S97, 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. Right to administer. See, Francis v. McXeal (U. S. Sup.) 30 Am. B. R. 244; 228 U. S. 695; 57 L. Ed. 1029; aff'g, s. c. (C. C. A. 3rd Cir.), 26 Am. B. R. 555; 186 Fed. 481, 485; 108 C. C. A. 459. In re R. F. Duke and Son (D. C. Ga.), 29 Am. B. R. 93: 199 Fed. 199. Abbott V. Anderson et al. (111. Sup. Ct.), 33 Am. B. R. 383. In re Hansley & Adams, 228 Fed. 564. One partner may be e.xempt as a farmer, yet firm be adjudicated. In re Disney et al., 33 Am. B. R. 656; 219 Fed. 294. Dickas v. Barnes (C. C. A. 6th Cir.), 15 Am. B. R. 566; 140 Fed. 849, 72 C. C. A. 261. But a partnership is not bankrupt so long as any of its members is individually solvent. Francis v. McXeal (supra). In re Samuels and Lesser (C. C. A. 2nd Cir.), 32 Am. B. R. 436; 215 Fed. 845; 132 C. C. A. 187; rev'g, s. c. 30 Am. B. R. 293; 207 Fed. 195. In re Perley and Hays, 15 Am. B. R. 54; 138 Fed. 927. [See Notes to Form Xo. 5.] Insanity of a partner and appointment of a committee will not prevent adjudication of partnership. In re L. Stein and Co. (C. C. A. 7th Cir.), 11 Am. B. R. 536; 127 Fed. 547; 62 C C. A. 272. In what district proceeding may be brought. In re Blair et al. (D. C. N. Y.), 3 Am. B. R. 588; 96 Fed. 76. V.liat petition should show. In re Blair et al. (supra). Non-adjudicated partner not required to file schedules. In re City Contracting and Building Co. (D. C. llaw.K 30 Am. B. R. 133. FORMS IN BANKRUl^CY. 47 Petition filed by one creditor. — In re Blount, 16 Am. B. R. 97; 142 Fed. 263. Hotlschlaeger Co. (Lim.) v. Young Nap., 12 Am. B. H. 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. DO; aflg 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; 135 Fed. 1000; 68 C. C. A. 434. FORM No. 10. [Official. \ 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 . . . Clerk. J Seal of \ the Court. FORM No. 11. MARSHAL'S RETURN. I herel)y certify that on tlie day of 19 . ., at , in the City of , in my District, I personally served the within subpoena upon the M-ithin-named by exhibiting to the within original and at the same time leaving with a copy thereof. I further 48 FOEMS IX BAXKRUPTCY. certify that at the same time and place I left with a duplicate original of the creditor's petition for adjudication herein. Dated , , 19... TJ. S. Mar.^lial 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 being at the residence of said I delivered to and left a copy of the within subpoena with an adult meml)er 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. Counting time of return day. In re Francis Levy Outfitting Co. (Lt'd.) (D. C. Haw.), 29 Am. B. R. 13. Alias and successive subpoenas until service is had. Gleason v. Smith, Perkins and Co., 16 Am. B. R. 602; 145 Fed. 895. Service. Sec. 18a. See Equity Rule nil. Sub. 8, Sec. 629 R. S. JNLay 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. 732. Service upon Commissioner of Corporation of State. In re Magid-Hope Silk M'f'g Co., 6 Am. B. R. 610; 110 Fed. 352. 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 and 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. 2d 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. Shute et aL v. Patterson et al. (C. C. A. 8th Cir.), 17 Am. B. R. 99; 147 Fed. 509; 78 C. C. A. 75. Fees of U. S. Marshal for service. In re Damon et al., 5 Am. B. R. 133; 104 Fed. 775. [For service outside the district see notes following Form No. 44.] i^OKMS IX BAXKllUPTCY. 49 FORM No. 12. GENERAXi APPEARANCE OF BANBLRXTPT OR CREDITOR. In the District Court of the United States, for the District of : In Bankruptcy. In the Matter OP Alleged Banl-rupt. I Xo, 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 l)ankrupt [or a creditor of said alleged bankrupt], who desires to plead herein in re- sponse to the petition of , and that the said be adjudicated bankrupt. Dated , , , , 19. . . Attorney for. [Address] . To..., and. NOTES. This appearance must now he filed within five days after the return day. See Sec. 18-b, as amended, and see. General Order IV and Klquity Rule VII. Voluntary appearance hy allejjed bankrupt equivalent to personal service, but only so far as to confer jurisdiction of the person. In re Mason, 3 Am. B. R. 599; 99 Fed. 256. Shutts v. Bank, 3 Am. B. R. 492; 98 Fed. 705. 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. 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. 50 FOEMS IX BAXKRUPTCY. Even though alleged bankrupt voluntarily appeared and consented to adjudication. B-R Electric and Telephone Mfg. Co. v. Aetna Life Ins. Co. (C. C. A. 8th Cir.), 30 Am. B. R. 424; 206 Fed. 885; 124 C. C. A. 545. Effect of appearance of a preferred creditor or an attaching creditor. In re Burlington Malting Co., 6 Am. B. R. 369; 109 Fed. 777. In re Rogers Milling Co., 4 Am. B. R. 540; 102 Fed. 687. In re Schenkein and ano., 7 Am. B. R. 162; rev'd, 113 Fed. 421. 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. FORM No. 13. PETITION OF CREDITOR TO INTERVENE. United States District Court, for the District of In Bankruptcy. Ix TUB Matter OF Banl-rupt. V Xo, To the Honora1)le , Judge of the District Court of the United States, for the District of The petition of , respectfully alleges and shows on infor- mation and ])elief : 1. That your petitioner, , is a creditor of the al)Ove named, , having a provahle claim against the same amounting to $ in excess of securities held by him, 2. That the nature and amount of petitioner's claim is as follows: and that no part thereof has l)een paid though duly demanded. 3. That on the day of 19 ... , and filed in the office of the clerk of FOEMS IX BANKRUPTCY. 51 this court a petition praying that be adjudged an involun- tary bankrupt, which petition is still pending. 4. Your petitioner desires to join in the said petition as an intervening creditor therein. 5. (And your petitioner represents that the said , while insolvent, etc.) [Allege acts of bankruptcy, if desired, new or in modificatien of those alleged by original petitioners.] ^^'herefore, your petitioner, intervening herein, Avould respectfully pray that he l^e allowed to join in the said petition of , and , that the said be adjudged a bankrupt within the purview of the Bankruptcy Act of 1898 and the amendments thereof. Petitioner. [Verification.] FORM No. 14. ORDER AXLOAVING 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. Is TUB Matter OF Bnnl-rnpt. V Xo. T'pon reading and filing the ainiexcd 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 52 FORMS IX BAXKKUPTCY. Ordered, that he 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. NOTES. Petition and Order of Intervention. — Sec. 59-f . In re HafF (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. Practice. — "By verified petition and usually granted ex parte. When intervention allowed. 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. E. 288; 105 Fed. 749. In re Mammoth Pine etc. Co., 6 Am. B. Pv. 84; 109 Fed. 308. In re Mackey, 6 Am. B. R. 577; 110 Fed. 355. Creditors who interv^ene more than four montlis after the act of bankruptcy are entitled to proceed when the original petition was valid although the original petitioners have withdrawn since the inter\'ention. In re Bolognesi and Co. (C. C. A. 2d Cir.), 34 Am. B. R. 692; 223 Fed. 771; 139 C. C. A. 351. Comp. Despres v. Galbraith (C. C. A. 8th Cir.), 32 Am. B. R. 170; 213 Fed. 190; 129 C. C. A. 534. Delay of a year unreasonable. In re Jemison Mercantile Co., 7 Am. B. R. 588; 112 Fed. 966. Kot after a hearing and dismissal of original petition. In re Tribelhorn (D. C. X. Y.), 14 Am. B. R. 491; 137 Fed. 3. Immaterial to right of creditor to intervene that more than four months have elapsed since the commission of the alleged act of bankruptcy. In re Charlestown Light & Power Co., 25 Am. B. R. 687; 183 Fed. 160. Intervention will not be ordered when petition is defective on its face. In re Beddingfield, 2 Am. B. R. 355; 96 Fed. 190. Who may intervene. — Generally any creditor who could have filed the petition. Ayres v. Cone (C. C. A. 8th Cir.), 14 Am. B. R. 739; 138 Fed. 778; 71 C. C. A. 144. In re Lewis F. Perry and \Anntney Co. (C. C. A. 1st Cir.), 23 Am. B. R. 695; 175 Fed. 52; 99 C. C. A. 68; aff'g s. c. 22 Am. B. R. 772; 172 Fed. 745. Assignee of a provable claim assigned after the filing of the petition may intervene in pending proceeding and have the same rights assignor had. In re Fitzgerald, 26 Am. B. R. 773; 191 Fed. 95. FORMS IN BANKRUPTCY. 53 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. No intervention to oppose adjudication iipon voluntary petition. [Motion to vacate proper remedy.] In re Carleton, 8 Am. B. R. 270; 115 Fed. 246. 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. Effect of appearance or intervention. Involuntary proceedings in absence of collusion may be dismissed upon default without 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. Status of intervening creditor. In re Dandridge and Pugh (C. C. A. 7th Cir.), 31 Am. B. R. 15; 209 Fed. 838; 126 C. C. A. 562. FORM No. 15. ADMISSION OF BANKRUPTCY BY A CORPORATION. , a Corporation organized and existing imder the laws of the State of , pursuant to resolution of its Board of Directors duly adopted (or in States where required, " resolution of its Stockholders, etc.") hereby admits its inability to pay its debts and its willingness to be adjudged a bankrupt on that ground. Dated , 19... By [Acknowledgment reciting authority to sign.] NOTES. Sec. 3a (5) 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 Machine and Conveyor Co., 1 Am. B. R. 421 ; 91 Fed. 630. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. Contra, In re Bates Machine Co. (D. C. Mass.), 1 Am. B. R. 129; 91 Fed. 625. Admission may be made by a solvent corporation. In re Russell Wheel and Foundry Co. (D. C. Mich), 35 Am. B. R. 66; 222 Fed. 569. Authority of Directors. Pro. — Cresson, etc. Coal and Coke Co. v. Stauffer (C. C. A. 3d Cir.), 17 Am. B. R. 573; 148 Fed. 981; 78 C. C. A. 609, aflf'g, s. c. 16 Am. B. R. 309. 54 FORMS IX BANKRUPTCY. In re Moench and Sons Co., 10 Am. B. R. 656; 123 Fed. 965 aff'd s. c. 12 Am. B. R. 240; 130 Fed. 685; 66 C. C. A. 37. Even when directors hold over. In re Riley, Talbot and Hunt, 15 Am. B. R. 159. In re Lisk ilf'g Co. (D. C. N. Y.). 21 Am. B. R. 674; 167 Fed. 411. In re American Guarantee and Security Co, (D. C. Cal.), 27 Am. B. R. 640; 192 Fed. 405. Home Powder Co. v. Geis, 29 Am. B. R. 580; 204 Fed. 568; 123 C C. A. 94. In re Russell Wheel and Foundry Co. (D. C. Mch.), (supra). Contra, In re Quartz Gold Mining Co. (D. C. Ore.), 19 Am. B. R. 667; 157 Fed. 243. AtT"d Van Emon et al. v. Veal (C C. A. 9th Cir.), 158 Fed. 1022; 85 C. C. A. 547. In re Hudson River Electric Power Co., 23 Am. B. R. 191; 173 Fed. 934, aff'd 25 Am. B. R. 504; 183 Fed. 701; 106 C. C. A. 139. In re Kersten, 6 Am. B. R. 516; 110 Fed. 929. In re Rollins Gold and Silver Mining Co. {obiter), 4 Am. B. R. 327; 102 Fed. 982. See Collier on Bankruptcy (10th Ed.), pp. 106-109; and Remington on Bankruptcy, Vol. 3, Sees. 44, 167. Filing of a voluntary petition, not such an admission. In re Ceballos and 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. Officer as individual, no authority. In re Southern Steel Co. (D. C. Ala.), 22 Am. B. R. 476; 169 Fed. 702. A treasurer cannot. In re Burbank Co. (D. C. N. H.), 21 Am. B. R. 838; 168 Fed. 719. Action of directors as individuals not sufficient. In re Gold Run Mining and Tunnel Co. (D. C. Col.), 29 Am. B. R. 563; 200 Fed. 162. Debtor may request certain creditors to file petition. In re Duplex Radiator Co., 15 Am. P. R. 324; 142 Fed. 906. See, In re Independent Thread Co., 7 Am. B. R. 704; 113 Fed. 998. When a corporation admits in writing its inability to pay its debts and its willing- ness to be adjudged bankrupt upon that ground an opposing creditor cannot raise the question of solvency. In re Duplex Radiator Co. (svpra). In re C. ]\Ioench and Sons Co. (C. C. A. 2d Cir.), 12 Am. B. R. 240; 130 Fed. 685; 66 C. C. A. 37. In re Thomas McXally Co. (D. C. N. Y.), 29 Am. B. R. 772; rev"d 31 Am. B. R. 382; 208 Fed. 291. In re Northampton Portland Cement Co. (D. C. Pa.). 24 Am. B. R. 61 ; 179 Fed. 726. The admission and tlie acknowledgment thereof must be in writing or it is not sufficient. Conway et al. v. German et al. (C C A. 4th Cir.) , 21 Am. B. R. 577; 106 Fed. 67; 91 C. C. A. 653. rOEMS IX BANKRUPTCY. 55 FORM No. 16. MOTION TO DISMISS FOR DEFECTS APPEARING ON FACE OF PETITION. United States District Court, for the District of In l>ankruptcy. Ix THE Matter OF The Petition of , and that be Ad- judged an Involuntary Bankrupt. Xow comes the respondent in the above entitled proceeding and moves that the petition filed herein on the day of 19 . . . , by , and praying for his adjudication as an involuntary bankrupt be dismissed with costs upon the following grounds: Fir.' Attorney for Alleged Bankrupt. [Verification.] rOKMS IX BANKRUPTCY. 59 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. Answer should contain an express denial of insolvency when such an issue is made. Cummins Grocer Co. v. Talley (C. C. A. 6th Cir.), 26 Am. B. R. 484; 187 Fed. 507; 109 C. C. A. 273. When immaterial. In re Sully (C. C. A. 2d Cir.), 18 Am. B. R. 123; 152 Fed. 619; 81 C. C. A. 609. See Lockman v. Lanj?, 12 Am. B. R. 497; 132 Fed. 1; 65 C. C. A. 621. Objection to jurisdiction may be taken by answer as well as in motion to dismiss. In re Taylor, 4 Am. B. R. 515, 102 Fed. 728. When corporation admits inability to pay debts and willingness to be adjudged bankrupt, question of its insolvency is immaterial. In re Duplex Radiator Co., 15 Am. B. R. 324; 142 Fed. 906. Reduction of amount of indebtedness by settlement with certain creditors after general assignment. In re Jacobson (D. C. Mass.), 24 Am. B. R. 927; 181 Fed. 870. 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. Insanity as a defense. In re Ward (D. C. N. J.), 20 Am. B. R. 482; 161 Fed. 755. Amendment of answer permitted. In re Harris, 19 Am. B. R. 204; 155 Fed. 216. 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; 58 C. C. A. 55; 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; 93 Fed. 426. Respondent entitled to tile answer. 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. Secured creditor holding claim in excess of value of security may file answer. Johansen Bros. Shoe Co. v. Allcs (C. C. A. 8th Cir.), 28 Am. B. R. 299; 197 Fed. 274; 116 C. C. A. 636. Creditor holding attachment, the lien of which would be dissolved. In re C. Moench and Sons Co., 10 Am. B. R. 590; 123 Fed. 965. Preferred creditor. Goldman and Co. v. Smith, 1 Am. B. R. 266; 93 Fed. 182. Verification. — Must be verified. Attorney may verify for creditor when facts are within his knowledge or creditor is a non-resident. Claim of, "Not real party in interest." Strellow v. Schloss (C. C. A. 3d Cir.), 19 Am. B. R. 359; 156 Fed. 662; 84 C. C. A. 374; rev'g, 149 Fed. 907. Stockholders as such are not creditors of a corporation entitling them to file an answer. In re Eureka Anthracite Coal Co., 28 Am. B. R. 759; 197 Fed. 216. A receiver appointed by a State court is competent to resist petition for adjudication. In re Gold Run Mining and Tunnel Co., 29 Am. B. R. 563; 200 Fed. 162. 60 FOKMS IN BANKEUPTCY. In re Hudson River, etc., Co. (D. C. N. Y.), 23 Am. B. R. 191; 173 Fed. 934; aff'd, 25 Am. B. R. 504; 183 Fed. 701; 106 C. C. A. 139. Blackstone v. Everybody's Store, 30 Am. B. R. 497; 207 Fed. 752; 125 C. C. A. 290. Insolvency. What constitutes. Upson V. Mt. Morris Bank (X. Y. App. Div.), 14 Am. B. R. 6; 103 App. Div. (N. Y.) 367. Voorhees v. Ungar ct al., 165 App. Div. (N. Y.) 566. In re Golden Malt Cream Co. (C. C. A. 7th Cir.), 21 Am. B. R. 36; 164 Fed. 326; 90 C. C. A. 258. In re Wm. S. Butler and Co. (Butler v. Palmenberg) (C. C. A. 1st Cir.), 30 Am. B. R. 502; 207 Fed. 705; 125 C. C. A. 223. " Suspicious circumstances." Barr v. Sofranski, 130 App. Div. (X. Y.) 793. Unpaid stock subscriptions are assets which must be considered. In re Commonwealth Lumber Co. (D. C. Mass.), 35 Am. B. R. 202; 223 Fed. 667. Liability as surety or indorser when principal is solvent is not such a liability as could be counted against a person on the question of solvency or insolvency. In re Bowers, 33 Am. B. R. 51; 215 Fed. 617. Property fraudulently conveyed, nor concealed assets considered in determining question of solvency. In re R. F. Duke and Son, 28 Am. B. R. 195. In re Wenatchee Heights Orchard Co. (D. C. Wash.), 30 Am. B. R. 401; 204 Fed. 674. In re R. F. Duke and Son (supra). No presumption from adjudication in bankruptcy that debtor was insolvent at the time the judgment was obtained. McNeel v. Folk (W. Va. Sup. Ct. of App.l, 33 Am. B. R. 234. FORM No. 20. ANSWER ALLEGING MORE THAN TWELVE CREDITORS. In the District Court of the United States, for the District of : In Bankruptcy. IX THE ]\[atter OF V No, Bankrupt. Xow comes of , , the person against whom a petition for an adjudication in bankruptcy has been filed herein, (or FOEMS IN BANKRUPTCY. 61 creditor,) and does hereby controvert sucli 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 snch creditors, with their addresses, under oath, as required by § 59-d of the bankruptcy law of 1S98, Wherefore, answer is made to such petition, and a hearing and the judg- ment of the court is asked thereon. Answering Banhrupt. [or Creditor] [by Ms Attorney, Address , ] The following is the list of the creditors and their addresses, referred to in the foregoing answer. LIST OF CREDITORS AND ADDRESSES. Xames of Creditors. I Addresses. Answering BanlTupt, (or creditor). State of County of. '' * I, , the answering bankrupt [or creditor] mentioned and described in the foregoing answer, do hereby make solemn oath that tlie 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 therein referred to comprises all of the creditors of the said and gives their addresses, so far as they are known or can l)e ascertained. Subscribed and sworn to before me, this day of , 19 NOTES. Answer to petition alleging that creditors are less than twelve in number. Sec. 59-d. Service of notice. In re Tribelhorn (C. C. A. 2d Cir.), 14 Am. B. R. 491; 137 Fed. 3; 69 C. C. A. 601. Insufficiency in allegation not an incurable jurisdictional defect. 62 rOEMS IN BAXKEUPTCY. In re Haff (C. C A. 2d Cir.), 13 Am. B. R. 362; 136 Fed. 78; 68 C C A. 646. List under oath should be filed with answer. In re Haff (supra). What statement should be included in " list of creditors." W. A. Gage and Co. v. Bell, 10 Am. B. R. 696; 124 Fed. 371. 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. 62; 99 C. C. A. 68; affg 22 Am. B. R. 772; 172 Fed. 745. When not res adjudicata. In re Letson (C. C. A. 8th Cir.), 19 Am. B. R. 506; 157 Fed. 78; 84 C. C. A. 582. Hussey v. Richardson-Roberts Dry Goods Co. (C. C. A. 8th Cir.), 17 Am. B. R. 511; 148 Fed. 598; 78 C C A. 370. FORM No. 21. ANSWER OF CREDITOR. United States District Court, for the District of In Bankruptcy. In the Matter OP Alleged Banl-rupt. Xo, Xow comes , of , a creditor of the ahove named alleged bankrupt, for answer to the petition of , praying that be adjudicated a bankrupt, respectfully shoAvs : 1. That said creditor, Company, is a corporation duly organized under and l)y virtue of the laws of the State of and is a creditor of said , having a provable claim in the Bum of $ , all of which is unsecured, 2. Upon information and belief, said creditor denies the allegation of the petition that said alleged bankrupt is insolvent, but alleges that said alleged 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 FORMS IN BANKRUPTCY. 63 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. Wherefore, he prays a hearing thereon, and that the petition be dismissed with costs. > Attorney for Creditor, Street, [Verification.] FORM No. 22. DEMAND FOR JURY TRIAL. United States District Court, for the District of In Bankruptcy. In the Matter OF Alleged Banhrupf. No. I, , of , in said district, the alleged bankrupt, who has this dav filed an answer to the petition filed on the day of , 19 . . . . , by , 64 FOKMS m BANKEUPTCY. 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 J Alleged Bankrupt. NOTES. Right absolute to bankrupt as to questions specified. Sections 18 and 19, Elliott V. Toeppner, 9 Am. B. R. 50; 187 U. S. 327; 47 L. Ed. 200. Day V. Beck and Gregg Hardware Co., 8 Am. B. R. 175; 114 Fed. 834; 52 C C. A. 468. Right denied in partnership petition upon answer denying membership in firm by individual. In re Fook Woh & Co., 36 Am. B. .R. 419. Creditors cannot demand a jury trial. In re Herzikopf , 9 Am. B. R. 145 ; 121 Fed. 544. Bankrupt must apply for within time limited in Act. In re Xeasmith, 17 Am. B. R. 128; 147 Fed. 160; 77 C. C. A. 402. \Mien act charged is a transfer of property witli intent to prefer and the answer admits respondent's insolvency and act charged, but*merely denies the intent this does not raise an issue entitling him to a jury trial. In re Harris, 19 Am. B. R. 204; 155 Fed. 216. The proceedings on a jury trial held under this provision of the Act are the same in form as on the trial of an ordinary action at law in a Federal coiu"t and if error is committed, it can only be reviewed on an application for a new trial or on a writ of error and not by appeal. In re Ward, 20 Am. B. R. 482; 161 Fed. 755. Moss V. Franklin Coal Co., 11 Am. B. R. 423; 125 Fed. 998; aflPd In re Neasmith, 17 'Am. B. R. 128; 147 Fed. 160; 77 C. C. A. 402. rOKMS IX BANKRUPTCY. 65 FORM No. 23. [Ol)icial.\ ORDER FOR JURY TRIAL. In the District Court of the Uuited States, for the District of In Bankruptcy, In the Matter OF At , in saiil District, on the , 19 day of Upon the demand in writing filed l)y , alleged to he a bankrupt, that the fact of the commission l)y liim of an act of l)ankruptcy, and the fact of his insolvency ma}^ he inquired of by a jurv', it is ordered, that said issue be submitted to a jury. Clerl: Seal of the Court, NOTES. Tliis order not used in many jurisdictions, including Southern district of New York. ee FORMS IX BAXKKUPTCY. FORM No. 24. NOTICE OF TRIAL IN INVOLUNTARY PROCEEDING. TTnited States District Court, for the District of : In Bankruptcy, In Till-: ^Iattku OF V^o. Alleged Banlrupl. Please take notice that the issues raised hy 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, and for the costs of this proceeding. Dated, , , , 19 ... . Yours, etc. Attorneys for Petitioners. [or alleged Bankrupt.] Street, To Messrs .1 llorneys for FOEMS IN BANKRUPTCY. 67 FORM No. 25. ORDER EXTENDING TIME TO ANS"WER. 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 ; ITon. District Judge. Ix THE Matter OF Alleged Banl-rnpt. 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. 6S FOEMS IX BAXKRUPTCY. FORM No. 26. CONSENT TO "WITHDRAW^ ANSVTER AND FOR ADJUDICATION. United States District Court, for the District of : In Bankruptcy. Ix THE Mattek or Banl-rupt. ^Xo. I hereby withdraw the answer heretofore filed by me on the day of , 19. . . ., in the above entitled proceeding on behalf of , bankrupt, (or creditor,) and consent that an order of adjudication in bankruptcy be entered herein without further notice. Dated , , , 19. . . Attorney for NOTES. Debtor may withdraw opposition to petition at any time without notice to his creditors. In re Billing, 17 Am. B. R. 80; 145 Fed. 395. FORMS IN BANKRUPTCY. 69 FORM No. 27. ORDER OF ADJUDICATION AND REFERENCE. In the District Court of the United States, for the District of : In the Matter OP Bankrupt. In Bankruptcy No. At , in said District, on the day of , 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 l^e 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 C^ourt 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 ])e made by said referee or by the Court relating to said bankruptcy. Witness, the Honorable , Judge of tlie said Court, and the seal thereof, at the City of , in said District, on the day of , A. D. 19 District Judge. Clerk. TO foe:ms in baxkruptcy. NOTES. Adjudication. Sec. 18-e, f and g. In involuntary cases, when 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 dismiss the proceeding. In re Billing, 17 Am. B. R. 80; 145 Fed. 395. Practice in the Seventh Circuit. In re King, 24 Am. B. R. 606; 179 Fed. 694; 103 C. C. A. 240. Adjudication within less than five days voidable by creditors. B-R Electric and Telephone, etc., Co. v. Aetna Life Insurance Co. (C. C. A. 8th Cir.), 30 Am. B. R. 424; 206 Fed. 885; 124 C. C. A. 545. 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. Jurisdiction to adjudicate a partnership organized less than six months. In re Mitchell and Co., 31 Am. B. R. 814; 211 Fed. 778; aff'd, 33 Am. B. R. 463; 219 Fed. 690; 135 C. C. A. 362. Practice as to direction of verdict on trial of issues of insolvency. In re Iron Clad M'fg Co. (C. C. A. 2d Cir.), 28 Am. B. R. 628; 197 Fed. 280; 116 C. C. A. 642. Subsequent insanity does not abate proceeding. In re Kehler (C. C. A. 2d Cir.), 19 Am. B. R. 513; 159 Fed. 55; 86 C. C. A. 245. Court should act promptly and adjudicate when no answer is filed Acme Harvester Co. v. Beekman Lumber Co. (U. S. Sup.), 27 Am. B. R. 262; 222 U. S. 300; 56 L. Ed. 208. When judge is absent from district, clerk must, " forthwith refer the case to the referee." In re Polakoff, 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 parties. In re Western Investment Co., 21 Am. B. R. 367; 170 Fed. 677. But not to a referee in another district. In re Schenectady Eng. and Cons. Co. (D. C. X. Y.), 17 Am. B. R. 279; 147 Fed. 863. No presumption arises from adjudication of insolvency at time of prior preference obtained. McXeel v. Folk (W. Va. Sup. Ct. of App.), 33 Am. B. R. 234. Effect of an adjudication. Neustadter et al. v. The Chicago Dry Goods Co., 3 Am. B. R. 96; 96 Fed. 830. In re Billing (supra). In re Am. Brewing Co., 7 Am. B. R. 471; 112 Fed. 752. Watson V. Merrill (C. C. A. 8th Cir.), 14 Am. B. R. 453; 136 Fed. 359; 69 C. C. A. 185. On .State statute. Continental B. and L. Assn. v. Superior Court, 28 Am. B. R. 873. In re McCrum (C. C. A. 2d Cir), 32 Am. B. R. 604; 214 Fed. 207; 130 C. C. A. 555. As determining insolvency. Lazarus v. Eagen, 30 Am. B. R. 287; 206 Fed. 518; decree modified. 209 Fed. 1004; 126 C C. A. 665. The issue as to whether a corporation is amenable to the Act is not jurisdictional and is concluded by the adjudication. FOEMS IN BAXKRUPTCY. 71 In re First Nat. Bank of lielle Fourchc (C. C. A. 8th Cir.), 18 Am. B. K. 2G6; 152 Fed. 64; 81 C. C. A. 260. Confers jurisdiction complete and exclusive both in ro/i 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. K. 674; 153 Fed. 525; 82 C. C. A. 475; aff'g s. c. 17 Am. B. R. 826. In re First Nat. Bank of Belle Fourche (C. C. A. 8th Cir.), 18 Am. B. R. 266; 152 Fed. 64; 81 C. C. A. 260. Effect of on statute of limitations. Cannon v. Prude (Ala. Sup. Ct.), 30 Am. B. R. 276. Bankrupt nut to be rcj^arded as civilly dead from adjudication to appointment of trustee. Plaut V. Gorham Mf'g Co. (D. C. X. Y.), 23 Am. B. R. 42; 174 Fed. 852. Bankruptcy Court may adjudicate a corporation even though its property is in possession of receivers appointed in a .State court. ' In re C. iNloench and Sons (C. C. A. 2d Cir.), 12 Am. B. R. 240; 130 Fed. 685; 66 C. C. A. 37. Corporation not dissolved by adjudication. Nat. Surety Co. v. Medlock, 19 Am. B. R. 654; 2 Ca. App. 665. 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 jurisdiction of a court of bankruptcy to adjudge it a bankrupt. Cresson and Clearfield Coal and Coke Co. v. Stauffer (C. C. A. 3d Cir.), 17 Am. B. R. 573; 148 Fed. 981; 78 C. C. A. 609. If an adjudication is supported by a sufficient allegation and proof of an act of. bankruptcy, it cannot be set aside on appeal because other acts alleged were neither properly pleaded nor sufficiently proved. In re Lynan (C. C. A. 2d Cir.), 11 Am. B. R. 466; 127 Fed. 123; 62 C. C. A. 123. Adjudication cannot be attacked for first time on discharge by a creditor Avho had proceeded thus far under it. In re Polakoff (supra). In re Mason. 3 Am. B. R. 599 (and foot note) ; 99 Fed. 256. Duty of trustee to file copy of adjudication in counties where bankrupt liolds real estate under Sec. 47 -c. Statute merely directory and failure to do so does not affect title. Hull V. Burr, 26 Am. B. R. 897. No collateral attack. Edelstein v. Inited States (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. 610: 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; 97 C. C. A. 51. In re Walrath. 24 Am. B. R. 541 ; 175 Fed. 243. Sabin v. Larkin-Green Logging Co. (D. C. Ore.), 34 Am. B. R. 210; 218 Fed. 984; aff'd, 35 Am. B. R. 86; 222 Fed. 814. Effect of individual adjudication on firm liabilities. In re Meyers, 3 Am. B. R. 260; 97 Fed. 753. In re Morrison, 11 Am. B. R. 498: 127 Fed. 186. Compare In re Feigenbaum, 7 Am. B. R. 339. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. 72 FORMS IN BANKEUPTCY. Jarecki Mfg. 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. 392. American Steel and Wire Co. v. Coover, 25 Am. B. R. 58. See, In re McFaun, 3 Am. B. R. 66; 96 Fed. .j92; where there was no notice to firm creditors. Effect of not giving notice to non-joining partner. In re City Contracting and Building Co. (D. C. Haw.), 29 Am. R. B. 171. 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 Misc. (X. Y.) 248. See, In re Bertenshaw (C. C. A. 8th C^r.), 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. When not res adjudicata. In re Letson (C. C. A. 8th Cir.), 19 Am. B. R. 506; 157 Fed. 78; 84 C. C. A. .582. Hussey v. Richardson-Roberts Dry Goods Co. (C. C. A. 8th Cir.), 17 Am. B. R. 511; 148 Fed. 598; 78 C C. A. 370. If the petition charges different acts of bankruptcy, and the adjudication does not reveal upon which one of them it proceeded, it does not render any particular charge res adjudicata (dictum). In re Julius Bros. (C. C. A. 2d Cir.), 32 Am. B. R. 699, 217 Fed. 3; 133 C. C. A. 328. As to petitioning creditor's claim. In re Harper (D. C. N. Y.), 23 Am. B. R. 918; 175 Fed. 412. I FORM No. 28. ORDER OF REFERENCE IN JUDGE'S ABSENCE. [Official.] In the District Court of the United States, for the District of , In thk Matter OP Bankrupt. In Bankruptcy No. Whereas, on the day of , A. D. 19 a petition was filed to have , of , in the county of , and district aforesaid, adjudged a bankrupt FOHMS IN BANKRUPTCY. 73 according' to the provisions of the Acts of Congress relating to bankruptcy; and whereas, the judge of said court was absent from said district at the time of tiling said petition (or, in case of involuntary bankruptcy, on the next day after the last day on which pleadings might have been tiled, and none have been tiled by the bankrupt or any of his creditors), it is thereupon ordered that the said matter be referred to , one of the referees in bankruptcy of this court, to consider said petition and take such proceedings therein as are required by said acts; and that the said shall attend before said referee on the day of A. 1). 19 , at Witness my hand and the seal of the said court, at . , in said district, on the day of , A. D. 19 . . . . Clerk. f Seal of I 1 the Court. J NOTES. 158. Under hand of clerk and seal of court. In re L. Humbert Co., 4 Am. B. R. 76; 100 Fed. 439. In re Murray. 3 Am. B. R. 601; 96 Fed. 600. Autliority may be exercised by deputy clerk. (iilbertson v. U. S. (C. C. A. 7th Cir.), 22 Am. B. R. 32; 168 Fed. 672; 94 C. C. A. Contra. Bray v. Cobb, 1 Am. B. R. 153; 91 Fed. 102. FORM No. 29. ORDER OF ADJUDICATION BY REFEREE. In the District Court of the United States, for the District of In the ilATTEK OF Bankrupt. In Bankruptcy No. J At in said district, on the day of A. D. 19 ... , before Esq., Referee, the petition of , and that said 74 FORMS IN BANKRUPTCY. be adjudged a bankrupt within the true intent and mean- ing of the Acts of Congress relating to bankruptcy having been filed with the referee, together with the certificate of the clerk of said court, that the Judge of said court was absent from the division of the district of on the next day after the last day on which pleadings might have been filed, and that no pleadings have been filed l)y said alleged bankrupt nor by any of his creditors, and that said matter has been referred to this referee in accordance with law ; and said petition having been heard and duly considered, now^ it is ordered that the said petition be granted and the said is hereby declared and adjudged bankrupt accordingly. Witness, Referee in Bankruptcy for the division of the district of on the dav of A. D. 19 ... . 1 Referee in Bankruptcy. NOTES. Sec. 18-f, z. 38-a (1). General Order XII. In re Sage (D. C. Mo.), 35 Am. B. R. 436; 224 Fed. 525. In re Polakofif. 1 Am. B. R. 358. FORM No. 30. ORDER DENYING ADJUDICATION. United States District Court. for the District of In Bankruptcy. In the Matter OF Allerjed Bankrupt. No. 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 FORMS IN BANKliUPTCY. 75 , that be adjudged a bankrupt witliiii the true intent and meaning of the Acts of Congress relating to bankruptcy, and (here state the proceeding, whether there was no o})j)osition, or if opposed, state what proceedings were had). And thereupon, and upon consideration of the i)roofs in said cause (and the arguments of counsel thereon, if any), it was fouiul that the facts set forth in said petition were not proved ; and it is therefore adjudged that said is not a l)ankrupt, and that said petition be dis- missed, with costs. Witness, the Honorable , Judge of said court, and tlie seal thereof, at , in said District, on the day of , A. D. 19 r Seal of ] i the Court. J District Judge. NOTES. Xeustadter v. Chicafro Drv Goods Co., 3 Am. B. R. 96; 96 Fed. 830. FORM No. 31. ORDER DISMISSING PETITION, VACATING RECEIVERSHIP ANP NOTICE OF SETTLEMENT. 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 ^r.VTTER OF V Xo, Alleged Banl-rupt. The issues raised hy 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 76 FOKMS IN BANKEUPTCY. the same having duly appeared upon the calendar of this court for trial on said date^ and duly called for triai^ and the petitioning creditors having defaulted thereon, Now on motion of , attorneys for , answering creditor (or alleged bankrupt), It is ordered that the petition herein Ije and the same hereby is dismissed (and the order herein, appointing , as 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). United States District Court, District of In Bankruptcy. D.J. Ix THE Matter OF Alleged Bankrupt. y 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, ,l^sq., Eeceiver, FORMS IN BANKRUPTCY. 77 FORM No. 32. 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 day of , 19 Present : Hon. District Judge. In the jMattku OF Alleged Bankrupt. 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 a])peared 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 tlie above entitled proceeding be and hereby are referred to , Esq., as Special Master for examination, testimony and report. D. J. NOTES. Issues raised by petition and answer may he referred to special master. In re Lavoc (C. C. A. 2d Cir.), 13 Am. B. R. 400; 134 Fed. 237; 67 C. C. A. 19. Clark et al. v. Amerioan Mf-i. etc. Co. (C. C. A. 4th Cir.). 4 Am. B. R. 351; 101 Ped. 962; 42C.C. A. 120. W. A. Gage Co. v. Bell, 10 Am. B. R. 69G; 124 Fed. .371. Compare In re King (C. C. A. 7th Cir.), 24 Am. B. R. 606; 179 Fed. 694; 103 C. C. A. 240. FOEMS IN BANKEUPTCY. FORM No. 33. NOTICE OF HEARING BEFORE SPECIAL MASTER. United States District Court, for the District of 111 Bankruptcy. In the ^Iatter OF Bankrupt. Xo. Xotice of hearing. Sir: Please to take notice, that a hearing under the order of reference entered on , in the above entitled proceeding will he brought on before , Esq., as Special Master, at his office, Xo. 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 Esq., Attorney for FORMS IX BAXKIJUPTCY. 79 FORM No. 34. EXCEPTIONS TO SPECIAL MASTER'S REPORT ON ISSUES OF INSOLVENCY, ETC. United States District Court, District of : Is TiiH ^Iattek OF Alleged Bankrupt. Now comes of the City of , a creditor of the above named alleged bankrupt, and files the following excep- tions to the report of , Referee in Bankruptcy, as Special blaster under the order of reference made in the above entitled pro- ceeding, which report is dated the day of , 19. . . ., and was filed in the office of the clerk of the District Court of the United States for the District of , on the day of , 19 .... , viz. : First. He excepts to the finding, decision or conclusion of the Special Master that the evidence shows that on the day of , 19...., the said alleged bankrupt was insolvent as defined Ijy the Bank- ruptcy Act and to each and every part thereof. Second. He excepts to the finding, decision or conclusion of the Special Master that the said alleged bankrupt did on the day of , 19..., commit an act of bankruptcy as set forth in the petition in bankruptcy filed herein as follows : and to each and every part thereof. Third. He excepts to the finding, decision or conclusion of the Special Master that a decree of adjudication should be made herein and to each and every part of such finding, decision or conclusion. Dated the day of ,19 Attorney for Creditor. 80 FOEMS IN BANKliUPTCY. FORM No. 35. ORDER DISMISSING INVOLUNTARY PETITION AND OVERRULING REPORT OF SPECIAL MASTER. At a stated term of the District Court of the United States for the District of , held at the in the City of , on the day of , lU... Present : Hon , District Judge. In the Matter OF Alleged Bankrtipt. A petition having heen filed herein in involuntary hankruptcy praying for an adjudication of as an involuntary bankrupt and an answer having been filed on behalf of a creditor of said alleged bankrupt and said matter having been duly referred to as Special blaster for the purpose of taking testimony therein and reporting his opinion thereon, and the said Special Master having filed his report herein dated the day of , 191 .... , finding in favor of the petitioner and recommending an adjudication that be adjudged an involuntary ban-krupt and a motion to confirm said report having come on for a hearing before this Court on day of , 191...., Now, upon the petition filed herein on the day of , 191 . . . . , and the answer of filed herein on the day of , 191. . . ., and the order referring this matter to the Special Master dated the day of , 191 .... , and thq testimony taken before said Special Master and the report of the Special Master dated the day of , 191 and upon all other papers and proceedings had herein and after hearing FOKMS IN BAXKRUPTCY 81 Esq., in support of said motion, and Esq., ill opposition thereto and due deliberation having been had, it is on motion of , Ordered that tlie report of the Special ^Master be and same is hereby over- ruled and set aside, and it is therefore Adjudged that said is not a bankrupt and that said petition in bankruptcy filed the day of , 19 .... , by , be dismissed with costs and disbursements to creditors to be taxed by the Court. D.J. FORM No. 36. ORDER CONFIRMING REPORT OF SPECIAL MASTER DISMISSING PETITION AND REFERRING RECEIVER'S APPLICATION 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 day of , 19... Present : Hon District Judge. x THE Matter OF Allerjed Banl-rupl. No. A motion having l)eeii made liercin l)y for an order confirming the report of , Esq., Special Master, appointed herein under an order dated , 19. . ., and dismissing the peti- tion in liankruptcy heretofore filed herein with costs and for an order vacating and discharging the order of 19. . . ., appointing a receiver herein and for other and further relief, and the said motion havino- 82 FORMS IX BAXKKUPTCY. 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 receiver 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 , 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 Master herein be and hereby is in all respects confirmed and that the petition in bankruptcy filed herein , 19 .... , praying that said be adjudged an involuntary bankrupt Ije 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., 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. rOEMS IN BAXKHUPTCY. 83 FORM No. 37. RESPONDENT'S BIEE OF COSTS AND NOTICE OF TAXATION. United States J)istrict Court, for the District of In Bankruptcy. Ix TUB Mattkr OF lUinhrupi . Costs. Docket ie-i Disbursements. Fees of special commissioner. . Stenographer's minutes Witness fees paid to [State names and distance traveled.] Total !i?"20.00 Countv of District of ss. tl)e attorney for the above named , the respondent licrciii. lieiiijx duly sworn, says, that the foregoing disbursements have l)een actually ])aid and that eacli of the persons above named as wit- nesses actually attended as such M'itnesses on the trial of this proceeding and traveled the distances set opposite their respective names Sworn to liefore me this day of , 19 . . . Pleark take notice, that the witliin is a copy of the items of costs and dis- bursements of the respondent in the within proceeding and that the same will bo taxed by the clerk of the District Court of the United States for the District of , at his office in the Federal Building 84 FOKMS IX BANKEUPTCY. in the City of ,011 the day of , 19...., at . o'clock in the forenoon of that day, and the amount inserted in the order. Yours, etc. Attorneij for Bankrupt. To , Esq., Ailorneij for petitioning creditors. FORM No. 38. AFFIDAVIT AND ORDER TO SHOAV CAUSE W^HY BANKRUPT SHOULD NOT BE PUNISHED FOR CONTEMPT FOR FAILURE TO FILE SCHEDULES. United States District Court, District of : In Bankruptcy. In the Matter OF Bankrupt. No, State of , County of being duly sworn deposes and says, that he is a clerk in the office of attorney for petitioning creditors herein. That on the day of , 19 .... , the above named bankrupt was duly adjudicated by an order entered in the office of the clerk of this jCourt. That thereafter on the day of , 19 .... , deponent personally served the said bankrupt with a certified copy of said order of adjudication at No street, in the City of FOEMS IX BAXKEUPTCY. 85 'I'hat deponent knew that said person so served by him was the bankrupt herein. That deponent is informed and verily believes that numerous demands have been made upon the said to lile his schedules in bankruptcy in order that the administration of this 2:)roceeding may not be delayed, but that these demands have not been complied Avith and the said bankrupt eojitinues to neglect to file his schedules, and should be adjudged in contempt of the orders of this Court. That the reason an order to show cause is asked for herein is because the time is too short for notice of motion for the next motion day, and the admin- istration of this estate ought not to be longer delayed. Sworn to before me this day of , in ORDUR TO SHO'W CAUSE THEREON. [Title.] Upon reading the annexed affidavit of verified the day of , 191 . . . , and sufficient reason appear- ing therefor, it is Ordered that the above named bankrupt show cause at a term of this Court appointed to be held in the Court House in the City of . . . on at o'clock in the noon, or as soon thereafter as counsel can be heard, why he should not be adjudged guilty of contempt of court for failure to file schedules and why such other and further relief should not be had as may l^e just and proper. Service of a copy of this order and affidavit shall be sufficient by service upon said l:)ankrupt on or before the day of , 191.... > D. J. so FORMS IX BAXKEUPTCY. FORM No. 39. ORDER THAT BANKRUPT FILE SCHEDULES. 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 PliESENT : Hon. District Judge. In the Matter OF BauLrupt. Xo. 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, Xow, upon reading and filing the notice of motion to punish the above named bankrupt for contempt, and the petition of (or affidavit) , 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. FOEMIS IX BAXKKUrTCY. 87 FORM No. 40. AFFIDAVIT TO LIST OF CREDITORS PREPARED BY PETITIONING CREDITORS. United States District Court, for the District of : la Bankruptcy. Ix THE Matter OF Bankrupt. Xo, County of District of. State of ss. : , and of , boinj; severally duly sworn, depose and say that they are the petitioning creditors in this proceeding; that the said , the bankrupt, is a1)sent 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 according to the ])est 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. 88 FOEMS IN BANKKUPTCY. FORM No. 41. 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 the Matter OP Alleged Banl-rvpt. Xo. 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 Imnkrupt have signed said annexed consent, and due notice having been given, it is, on motion of , attorneya 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 receiver, turn over to the said , the alleged bankrupt, all the property, assets and 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. XOTES. Order dismissing Petition. — Notice to creditors 58 (a), 59 (g). In 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. FOBMS IX BANKKUTTCY. 89 Jn re I'lymoutu Cordage Co. et al. (C. C. A. 8th Cir.), 13 Am. B. R. 665; 135 Fed. 1000; 68 C. C. A. 43 4. Necfssary except ^vhen upon merits. In re Jamaica ISlate Koofing and Supply Co., 28 Am. B. R. 763; 197 P""ed. 240. [Ed. Note. J Verified list of creditors with addresses should be attached. Sec. 53-a no application to dismissal upon the merits. Lackawanna Leather Co. v. La Porte Carriage Co. (C. C. A. 7th Cir.), 31 Am. B. R. 658; 211 Fed. 318; 127 C C. A. 604. In re Clialfein (D. C. Mass.), 35 Am. B. R. 257; 223 Fed. 379. Xe-.istadter v. Chicago Dry Goods Co., 3 Am. B. R. 96; 96 Fed. 830. Costs. When petition is dismissed for lack of jurisdiction. See, In re i'liiladelphia and Lewes Transportation Co. (D. C. l*a.), 11 Am. 15. R. 444; 12/ Fed. 890. In re V. Mliams (D. C. Ark.), 9 Am. B. R. 736; 120 Fed. 34. The alleged bankrupt should file his bill of costs with the clerk and serve notice of taxation. In re Haesler-Kohlhoflf Carbon Co., 14 Am. B. R. 381; 135 Fed. 867. No allowance to counsel or for damages. In re Chiglione, 1 Am. B. R. 580; 93 Fed. 186. In re Wise (D. C. Wash.), 32 Am. B. R. 510; 212 Fed. 567. In re Hines, 16 Am. B. R. 538; 144 Fed. 147. In re McKenzie (D. C. Wash.), 34 Am. B. R. Ill; 219 Fed. 630. Dismissal of petition tiled by bona fide creditors in the absence of malice will not sustain an action for damages in the State court. Harvey v. Gartner (La. Sup. Ct.), 34 Am. B. R. 301. FORM No. 42. PETITION TO VACATE ADJUDICATION AND DISMISS VOLUNTARY PETITION FOR WANT OF JURISDICTION. United States District Court, District of : IX THE ]\rATTER OF Banl-rupt. Xo. To the District Court of the ITnited States, for the District of : The petition of respectfully shows and alleges : 1. That he is a creditor of the above named having a provable claim for in the sum of $ 90 FORMS IX BAXKRUPTCY 2. That on the day of ,19 . . . , the said filed his voluntary petition in bankruptcy in this Court and on said day was adjudicated a bankrupt and the proceeding referred to Esq. one of the referees in bankruptcy in this district. 3. That such order of adjudication and reference was erroneous and should not have been made as this Court is entirely without jurisdiction to adjudicate the said a bankrupt for the reason that the said does not now reside nor has he resided for the greater portion of the six months next preceding the filing of his said petition, within the territorial jurisdiction of this Court nor has he had his domicile or principal place of business therein; but resides and has resided at in the District of and the statements of in his said petition as to his residence by which this Court assumed jurisdiction to adju- cate him a bankrupt, are entirely false and untrue. 4. That the facts as alleged herein by petitioner were ascertained as follows ; 5. That the adjudication herein was made as a matter of course upon the filing of the petition and without any opportunity to creditors to be heard in opposition thereto. Wherefore petitioner prays that the order or adjudication of as a bankrupt dated l)e vacated and his petition in bank- ruptcy be dismissed for lack of jurisdiction and for such other relief as may be just and proper. Verification.] Pel Hi FORM No. 43. PETITION TO VACATE ADJUDICATION IN INVOLUNTARY PROCEEDING. United States District Court, for the District of : In Bankruptcy. Ix THE ^Matter OF Baiikriij){. Xo, To the District Court of the Fnited States, for the District of : The petition of respectfully shows and alleges : First. That he resides in the City of , State of FORMS IX BAXKKUPTrV. 91 Second. That your petitioner is a creditor of said bankrupt and his claim is based upon the following facts: lliird. 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 . . ., adjudg- 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 lieen 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, and insufficient to confer jurisdiction upon the court to proceed therein. That the said petition and subpoena required to be served upon the bankrupt by law, were never in fact properly served upon the said bankrupt, as required by law to obtain jurisdiction over the 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 outside of this district, and not upon the bankrupt personally nor by publication. That the 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 jurisdiction and void. Seventh. That no previous application for this order has been made. 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. Dated , .19... [Verification.] Petitioner. NOTES. Jlovinof party must be a creditor with provable claim. In re Columbia Real Estate Co., 4 Am. B. R. 411; 101 Fed. 965. 92 FORMS IX BAXKRUPTCY. Adjudication not conclusive though not appealed from and may be dismissed upon creditors petition for lack of jurisdiction. In re Garneau (C. C. A. 7th Cir.), 11 Am. B. R. 679; 127 Fed. 677; 62 C. C. A. 403. In re San Antonio Land and. Irrigation Co. (D. O. N. Y.), 36 Am. B. R. 512; 228 Fed. 984. In re Guanacevi Tunnel Co., 29 Am. B. R. 229; 201 Fed. 316; 119 C. C A. 554. 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; 132 Fed. 140. . In re Tully (D. C. X. 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 Clr.), 7 Am. B. R. 692; 113 Fed. 911; 51 C. C. A. 541. Petition to vacate granted. Altonwood Park Co. v. Gwynne (C. C. A. 2nd Cir.), 20 Am. B. R. 31; 160 Fed. 448; 87 C. C. A. 409. 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. Entire want of jurisdiction over the res may be taken advantage of at any time; over the person must be taken promptly. In re Mason, 3 Am. B. R. 599; 99 Fed. 256. I FORM No. 44. PETITION FOR SERVICE BY PUBLICATION. United States District Court, District of ... In Bankruptcy. In the Matter OF AlJefjed Banl-riipt. Xo. To the Honorable Judge (or Judges) of the District Court of the United States, for the District of : The petition of , respectfully shows to this court and alleges : 1. That your petitioner is the attorney for the petitioning creditors herein. FOKMS IN BANKRUPTCY. 93 2. That an involuntary petition in bankruptcy was filed herein on the day of , 19 . . . 3. That upon the filing of said petition herein a subpoena was duly issued by the clerk of this court returnable on the day of , 19 ... , requiring the alleged bankrupt to plead thereto. 4. That the United States ]\larshal for this district has made return thereon that he has been unable to serve the alleged bankrupt 5. That your petitioner has been informed and verily believes that said alleged bankrupt is not within the territorial limits of this district nor can personal service l^e made upon him in said district. 6. That the present address of said alleged bankrupt outside the jurisdiction of this Court is (or that the said alleged bankrupt has absconded and his present address or whereabouts are unknown). 7. [Set forth facts as to enquiry, etc., upon which above statement is based.] 8. Your petitioner further alleges that the said alleged bankrupt has not designated any person upon whom process might l)e served for him in this district. 9. That the last known address of the said alleged bank- rupt is Wherefore, your petitioner prays that an order be made herein per- mitting service by publication upon the said alleged bankrupt. Dated ,19... > Petitioner. [Verification.] NOTES. Service outside of district. Pursuant to Sec. 18-a of Act. Equity Rule XIII. Hills V. McKinness Co. (D. C. 0.), 26 Am. B. R. 329; 188 Fed. 1012. In re McDonald, 30 Am. B. R. 120; 4 U. S. Dist. Ct. Haw. In re Francis Levy Outfitting Co. Ltd. (D. C. Haw.), 29 Am. B. R. 13. In re Shoichi Hoshida, (D. C. Haw.), 32 Am. B. R. 451. In re Norton (D. C. N. Y.), 17 Am. B. R. 504; 148 Fed. 301. An order for si-rvieo by publication wliidi does not designate any day upon which the alleged bankrupt is required to appear and plead is defective as not in conformity to Sec. 18-a of the Act. Bauman Diamond Co. v. Hart (C. C. A. 5th Cir.), 27 Am. B. R. 632; 192 Fed. 498; 113 C. C. A. 104. Comj)are for ruling under Act of 1867. Jobbins v. :Montague (D. C. N. Y.), Fed. Case 7329. [See notes Form No. 11.] 94 FOEMS IN BANKRUPTCY. FORM No. 45. ORDER OF PUBLICATION. United States District Court, District of : In Bankruptcy. In the Matter OF Alleged Bankrupt. No. It appearing to my satisfaction from the petition of , verified the day of , 19 . . ., that a petition was filed in this court on the day of , 19 ... , praying that the ahove 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 upon the alleged bankrupt, and that said alleged bankrupt is not now within this district 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 bankrupt , but that he is not now within the jurisdiction of this court, it is Now, on motion of , Esq., attorney for the petitioning creditors, Ordered, That the above named alleged bankrupt plead or answer 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 or answer thereto, adjudication shall be made against him according to the prayer of said petition. And it is further ordered that this order be pul)lished in the once a week for two successive weeks, said pulilication 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, to wit : No Street, in the City of , on or before the date of the first publication. Dated ,19... D.J. rOEMS IX BAXKEUPTCY. 95 FORM No. 46. PETITION TO AMEND PETITION. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF Bankrupt. Xo, 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 iluly filed in this court, a petition that the above named he adjudged an involuntary bankrupt and the bankrupt's time to appear in said ])roceeding has not yet expired. .'i. 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 l)ankruptcy 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 petitioners' knowledge from the following sources : o. That no previous application has been made for an order herein. Wherefore, petitioners pray that the ]ietition in bankruptcy filed herein on the day of 19 .... be amended niinc pro tvnc bv supplying and adding the following allegation to paragraph 96 FORMS IN BAxXKKUPTCY of said petition : " and further amended by adding and incorporating therein, with the same force and effect as if originally therein, the following new paragraph : '"' J and for such other and further relief as may l)e just and proper. Petitioners. [Verification.] NOTES. Act. Sec. 18. Genl. Orders VI, XI. Generally a matter of discretion for the Court. Wilder v. Watts, 15 Am. B. R. 57; 138 Fed. 426. Armstrong v. Fernandez (U. S. Sup.), 19 Am. B. R. 746; 208 U. S. 324; 52 L. Ed. 514. Ryan v. Hendricks (C. C A. 7th Cir.), 21 Am. B. R. 570; 166 Fed. 94; 92 C. C. A. 78. In re Sig. H. Rosenblatt & Co. (C. C. A. 2nd Cir.), 28 Am. B. R. 401; 193 Fed. 638; 113 C. C. A. 506. Includes referee. In re Brumelkamp, 2 Am. B. R. 318; 95 Fed. 814. 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. When granted. Uusually 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. Millan v. Exchange Bank of Mannington (C. C. A. 4th Cir.), 24 Am. B. R. 889; 183 Fed. 753; 106 C. C. A. 327; certiorari denied, 219 U. S. 584; 55 L. Ed. 346. Amendment of petition which alleges insolvency at the date of filing the peti- tion so as to allege insolvency at the date the alleged act of bankruptcy was committed may be allowed. In re Pangborn, 26 Am. B. R. 40: 1S5 Fed. 673. In re Richardson (D. C. Mass.), 27 Am. B. R. 590; 192 Fed. 50. 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; 57 C. C. A. 150; 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. 6.38. In re Shocsmith (C. C. A. 7th Cir.), 13 Am. B. R. 645; 135 Fed. 684; 68 C. C. A. 322. FORMS IX BANKRUPTCY. 97 Armstrong v. F>^rnandez (U. S. Sup.), {supra). Conway v. Gorman (C. C. A. 4th Cir), 21 Am. B. R. 577; 166 Fed. 67; 91 C. C. A. 6.-^3. Or to supply an insufTicient statement of nature and amount of claims of peti- tioners or general insullieieney of allegation. Conway v. (j'ermau (supra). To correct variance between pleadings and proof. In re Lang, 3 Am. B. R. 231; 97 Fed. 190. In 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. 400; 142 Fed. 179; aird sub nom., Hark v. C. M. Allen Co. (C. C. A. 3rd Cir.), 17 Am. B. R. 3; 146 Fed. 605; 77 C. C. A. 91. When not granted. When defect is fatal to jurisdiction. No act of bankruptcy alleged. W'oolford V. Diamond State Steel Co., 15 Am. B. R. 31; 138 Fed. 582. Armour & Co. v. Miller (C. C. A. 5th Cir.), 31 Am. B. R. 356; 209 Fed. 784; 126 C. C. A. 508. In re Farthing (D. C. No. Car.), 29 Am. B. R. 732: 202 Fed. 557. Claims aggregate less than $500, by adding other cre. . ., and sufficient reason appoarinfr to me therefor. Now, on motion of , attorney for , receiver of , it is Ordered that the said as receiver of be and he herel)y is authorized and allowed to join with the said , 132 FOIiMS IX BANKRUPTCY. 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. 73. ORDER ALLOW^ING 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. Ix THE Matter OF Banl-rupt. 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 oliject of action,] and that petitioner have leave to make as receiver of the estate of the al)ove named .... , bankrupt, a party defendant in said action. D.J. NOTES. Actions against receiver. — A receiver as sudi may not l)e snorl oxoopt by leavp of court, unless lie is earryinenefit and security of all and every the holders of the ])onds 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 bonds and coupons, and without preference of the said bonds over any others thereof l\v reason of priority in the time of issue or negotiation thereof, or otherwise howsoever. 156 FOKMS IN^ BANKRUPTCY. 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 entitled 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... Company, By Attorney for Co., Office and Post Office Address, Street, [Verification. FORM No. 88. RECEIVER'S CERTIFICATE. CERTIFICATE NO Know all men by these presents : That I, , as receiver of the Company of , duly appointed as siich receiver by an order of the District Court of the United States for the District of , in 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 FORMS IN BANKRUPTCY. 157 Trust Company, No Street, in the City of , with interest thereon from the day and date thereof at the rate of per cent. ( ^/c) 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 payaljle only out oi the proi)erty and estate of the Company of , or the i)roceeds 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 " IMatter of the Company Bankrupt " 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 hereof 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 proi)er decree or order in the said matter. By the terms of the said order the earnings, income, 2">rofits, 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 apj)ointed in the said matter, are expressly charged with a lien uj)on 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 inclusive, issued in the sum of $ , and secured l)y the certain mortgage or mortgages to the Trust Company of as Trustee, or otherwise, to secure the payment of the said ])onds and each and every of them as aforesaid, to the lien of which mortgages aiul 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 (••••) nionths after the date thereof unless sooner paid by the said receiver ])ursuant to the order or decree of the said 158 FORMS IN BANKRUPTCY. District Court, and in the event of its non-payment by tlie said receiver as aforesaid, may be enforced by the holder thereof in any proper action or pro- ceeding. Tliis 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. 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 indeljtedness 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 , l)ankrupt," pending in the said court upon the bankruptcy side of the said court. Cleric. FORMS IN BANKRUPTCY. 15i) FORM No. 89. PETITION FOR APPOINTMENT OF ANCILLARY RECEIVER IN COURT OF ANCILLARY JURISDICTION. United States District Court, ])istriet of 111 Bankruptcy. In the Mattkii OF BanliTupl. 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 bankrupt licrein, in the sum of $ 2. That the said alleged bankrupt 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 ])ersonal 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: (1) That within four months next preceding the date of the said petition, the Comi)aiiy committed an act of ])ankruptcy in that it did suffer or permit, while insolvent, of , to ol)tain 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. (2) Also while insolvent, the said Company per- mitted tlie following creditors to obtain preferences by making payments to them, to wit. : 160 FOEMS IN BANKEUPTCY. 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 purj^ose of paying said indebtedness. 5. The factory of the company has been shut down because of the inal)ility 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. 6. That on day of , 1!) . . ., , 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 bankrupt owns and possesses certain property consisting of , for 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 jaroperty of the bankrupt and the protection of the creditors' interest therein, that an ancillary receiver be appointed by this court for the protection of said property. WTierefore, your petitioner prays for an order of this court appointing , Esq., or some other competent person, ancillary receiver of all the property, assets and effects of the a1)ove named Com- pany, the bankrupt, which is situated within this jurisdiction, to care for and preserve the same until the appointment and qualification of a trustee or 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 j)ossession of the ancillary receiver so appointed, all of the property of the said Comj^any 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 interfering with the possession of the said proi)erty, other than to turn the same over to the said ancillary receiver. PetUioner. [Verification.] NOTES. Ancillary jurisdiction is now provided for in Sec. 2 (20) by the Amendments of 1910. In re Lipman (D. C. N. J.), 29 Am. B. R. 139; 201 Fed. 169. Fidelity Trust Co. v. Oaskell (C. C. A. 8th C'ir.), 28 Am. B. R. 4; 195 Fed. 805; 115 C. C. A. 527. Progressive Buildinj,' and Loan Co. Inc. v. Hall, 33 Am. B. R. 313; 220 Fed. 45; 135 C. C. A. 613. Hartman, Trustee v. Ackoury (D. C. La.), 31 Am. B. R. 514; 210 Fed. 188. FORMS IN BANKRUPTCY. 161 ^V^lere process to seize alleged bankrupt's property is necessary, ancillary pro- ceedings in proper district may be had. In re Peiser, 7 Am. B. R. 690; 115 Fed. 199. In re Dunseath and Son Co. (D. (J. 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 and 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 and Foundry Co., 10 Am. B. R. 624; 124 Fed. 403. In re Granite City Bank of Dell Rapids (C. C. A. Sth Cir.), 14 Am. ]'.. R. 404; 137 Fed. 818; 70 C. C. A. 316; atf'g 12 Am. B. R. 727. Court has no power to make summary order for delivery of property to be enforced in another district. Staunton v. Wooden (C. C. A. 9th Cir.). 24 Am. B. R. 736; 179 Fed. 61; 102 C. C. A. 355. Power of ancillary receiver. In re Peiser (supra). Sale of property upon application of ancillary receiver after adjudication denied. In re Brockton Ideal Shoe Co. (D. C. N. Y.), 27 Am. B. R. 577; 194 Fed. 233. A receiver may not sue in a district other than that in which he was appointed. In re National Mercantile 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 and Son Co. (supra). An attachment will not lie against property in hands of ancillary receiver. In re Nelson and Bro. Co. {siipra). Ancillary administration. In re Hayes (D. C. N. Y.), 27 Am. B. R. 713; 192 Fed. 1018. 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. \Anien the original court of bankruptcy could act summarily, another court of bank- ruptcy sitting in another district can do so in aid of the court of original jurisdiction. Babbitt, Trustee, Randolph Macon Coal Co. v. Dutcher and Cardiner (U. S. Sup.), 23 Am. B. R. 519; 216 U. S. 102; 54 L. Ed. 402; 30 Sup. Ct. Rep. 372. In re Madson Steele Co. (Elkus, Petitioner), 23 Am. B. R. 614; 21 G U. S. 115; 54 L. Ed. 407. An ancillary receiver must account to the court which appointed him. Loeser v. Dallas (C. C. A. 3rd Cir.), 27 Am. B. R. 733; 192 Fi-d. 909; 114 C. C. A. 349. Jurisdiction of Circuit Court of Appeals on question of ancillary jurisdiction. Fidelity Trust Co. v. G'askell (supra). [See analogous forms to obtain examination in another district: Forms Nos. 225- 228.] Power of ancillary court to award fees. In re Musica and Son (D. C La.), 30 Am. B. R. 555; aff'd, 31 Am. B. R. 687; 211 Fed. 326; 127 C. C. A. 575; Appeal to Supreme Court dismis-sed in ?,2 Am. B. R. 559. See Acme Harvester Co. v. Beekman Lumber Co., 27 Am. B. R. 262; 222 U. S. 300-306; 56 L. Ed. 208. 162 FORMS IX BANKRUPTCY. Present : Hon. FORM No. 90. 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... District Judge. In the Matter OF Banlriipt. Upon the petition of , verified the day of , 19. . ., praying for the appointment of an ancillary receiver in bankruptcy in this jurisdiction and it appearing that an involuntary petition in l)ankruptcy was fded on the day of , 19. . ., and is now pending in the District Court of the United States for the district of , against the above named l)ankrupt ; that has been appointed receiver, duly qualified and is now acting as such receiver; that the said !)ankrupt owns and possesses certain property consisting of in this State and district ; that it is absolutely necessary for the preservation of this property and in aid of the receiver heretofore appointed in said District of that an ancillary receiver be appointed herein, now upon motion of , Esq., attorney for said petitioner, it is Ordered, that the prayer of said petition be and here])y is granted and .... , Esq., be and he herel)y is appointed ancillary receiver of the above named bankrupt in and for this district with all the rights and powers to carry into force and efTec^t the orders of the original court of jurisdiction and it is further. Ordered, that said receiver furnish a ]>on(l in the sum of $ for the faithful discharge of his duties as such receiver and it is further, Ordered, that said l)ankrupt forthwith deliver to said receiver all of his property, assets and effects now in his possession or under his control, and FORMS IN BANKRUPTCY. 163 tliat said bankrupt and all other persons, firms, corporations and creditors of said bankrupt, as well as their and each of their attorneys, agents and servants, and all sherili's, 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 bankrupt, and from molesting, disturbing or interfering with the ancillary receiver herein appointed in the discharge of his duties. D.J. PART III. PROCEEDINGS BEFORE REFEREE AFTER ADJUDI- CATION. Form No. 91. Referee's Oath of Office. i)!. Bond of Referee. 93. Notice of Adjudication. 94. Order for first Meeting of Creditors after thirty Days. 95. Notice of first Meeting of Creditors. 96. Short Form of Notice used in Southern District of New York by local Rule. 97. Affidavit of Publication of Notice of first Meeting. 98. Affidavit of mailing same. 99. Lists of Debts proved at first Meeting. 100. Appointment of Trustee by Creditors. 101. Appointment of Trustee by Referee. 102. Notice to Trustee of his Appointment. 103. Order approving Trustee's Bond. 104. Order that no Trustee be appointed. 105. Notice to Trustee to file Report. 106. Order appointing Attorney for Trustee. 107. Notice of defective Proof of Claim. 108. Petition to amend Schedules. 109. Order allowing Amendment of Schedules. 110. Affidavit of Bankrupt as to Exemptions. 111. Order allowing Exemptions when no Trustee is Appointed. 112. Petition by Bankrupt for Review of Referee's Order on Exemptions. 113. Certificate of Falsity of Pauper Affidavit. 114. Order that Trustee transfer Copyright. 115. Petition for Meeting of Creditors to consider proposed Comjiromise of Controversy. 116. Notice to Creditors of Special Meeting. 117. Order allowing Compromise. 118. Petition for Meeting of Creditors to indemnify Trustee. 119. Petition to compel Bankrupt to turn over concealed Assets. 120. Ssmmary Order that Bankrupt turn over concealed Assets. 121. Petition to re-examine Fee of Bankrupt's Attorney. 122. Order for Repayment by Attorney. 123. I<]xceptions to Referee's Order. 124. Petition to review Referee's Order. 125. Referee's Certificate on Review. 126. Order dismissing Petition to review Referee's Order. 127. Referee's Certificate of Contempt for Failure to obey summary Order. 128. Referee's Certificate for Failure of Witness to apj)ear. 129. Referee's Certificate closing Proceeding for Lack of Prosecution. 130. Referee's Certificate of Disqualification. 131. Order substituting new Referee. 132. Petition for Appointment of Appraisers. 133. Appointment, Oath and Report of Appraisers. [164] FORMS IN BANKRUPTCY. 16& roBil Xo. 134. Petition of Appraisers for Allowance for Services. 135. Order declaring first Dividend and Dividend Sheet. 136. Notice of Dividend and Warrant. 137. Order that Trustee pay to Creditor, Dividtiul heretofore declared. 138. Notice of final Meeting, 139. Order passing Trustee's Account and declaring Dividend. 140. Order fixing Allowance of Bankrupt's Attorney. 141. Referee's Certificate of Indemnity. 142. Petition and Order for Redemption of Property from Lien. 143. Petition for Order of Protection. 144. Order of Protection. FORM No. 91. [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 incum- bent 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... Dvitrict Judge. FORM No. 92. [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 bo paid to the said United States, for the payment of which, well and truly to I'e made, we bind ourselves, our heirs, executors and administrators, jointly and severally, liy 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. 10 appointed 1)y the Honorable , Judge of the District Court of the United 16G FOEMS IX BAXKEUPTCY. 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. Sow, therefore, if the said shall well and faithfully dis- 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: Approved this day of [L. S.] [L. S.] [L. S.] .., A. D. 19 District Judge. NOTES. In re Covington, C Am. B. R. 373; 110 Fed. U3 FORM No. 93. NOTICE OF ADJUDICATION. United States District Court, for the District of In Bankruptcy. Ix TiiH ^Iatti:k OF BanWupt. Xo, To Esq., Attorney for the BanJrrupf. The above entitled proceeding has been referred to me as referee in bank- ruptcy, and ])y the order of this court the l)ankrupt required to appear before me at my office. Xo Street, in the City of on the day of , 19 . . . , at o'clock I\r. FORMS IN BANKRUPTCY. 167 The sum of $ should be then deposited with me as iiideumity for the estimated expenses and disbursements up to disehar»'e\v York, ou , 19. . ., at M. Creditors may prove claims, appoint a trustee, examine the bankrupt, and transact such other business as may come before said meeting. Referee in Bankruptcy. NOTES. Act, Sec. 55. Cross-references. Sees. 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 restate- ment or perfecting a proof of debt is discretionary with the referee and avIU not be interfered with e.xcept for abuse. In re Morris, 18 Am. B. R. 828; 154 Fed. 211. FORM No. 97. AFFIDAVIT OF PUBLICATION OF NOTICE OF FIRST MEETING. State of . . County of ss. [Xotice Annexed.] , 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 day of , 19... i:o FOKMS IX BANKKUPTCY, FORM No. 98. AFFIDAVIT OF MAILING NOTICE OF FIRST MEETING. In the District Court of the United States, for the District of : In Bankruptcy. In the ]\Iattek OF Banlcrupt. No, State of County of . , District of ss. 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, frankenl by jiroper 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 , A. D. 19 . . . [Notice Annexed.] FORMS IN BANKRUPTCY. 171 FORM No. 99. [Official.] LIST OF DEBTS PROVED AT FIRST MEETING. In the District Court of the United States for the of , In Bankruptcy. District In the ^Lvtteu OF Xo, BanWupt. At , in said district, on the day of A. D., 19 , hefore , 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. Beferee in Banlruptcij. NOTES. This form is rarely used. The referees keep list in claim book and transmit divid»'nd sheets to the trustee. 172 FORMS IN BANKliUPTCY. FORM No. 100. [Official. \ APPOINTMENT OF TRUSTEE BY CREDITORS. In the District Court of the United States, for the District of : lu Bankruptcy. In the Matter OF Bankrupt. I Xo. At , in said District, on the day of , A. D., 19 ... , before , Eeferee in Bankruptcy. This being the day appointed l)y 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 of , to be the Trustee of the said bankrupt's estate and effects, and we do fix the amount of his bond at dollars. Signatures of Creditors. Residences of the Same. Amount of Debt. Ordered that the above appointment of Trustee be, and the same is hereby approved. Referee in Banl-rtipirji. FORMS IN BANKRUPTCY. 173 NOTES. Act, Sec. 44. Cross-references, 1, (26), 2, (17), 45, 46, 50-b, c, k, 53, 57, 63. General Orders, XIII, XIV, XV, XVI, XVII, XXV. Creditors have an unqualified right to elect. In re l^ewensohn, 3 Am. B. R. 299; 98 Fed. 576. In re P:astlack, 16 Am. B. R. .529; 145 Fed. 68. In re Ketterer Mf'g Co., 19 Am. B. R. 225; 155 Fed. 987. In re Eagles and Crisp, 3 Am. B. R. 733; 99 Fed. 696. In re Kaufman (D. C. Ky.), 24 Am. B. R. 117; 179 Fed. .5.52. When adjournniL-nt sliould be luid to enable creditors to secure proper repre- sentation. In re E. A. Walker and Co., 29 Am. B. R. 499; 204 Fed. 132. Election vacated for improper refusal to allow vote. In re Roy (D. C. N. Y.). 26 Am. B. R. 4; 185 Fed. 551. Combination of creditors as against public policy. In re Kenney and Co., 14 Am. B. R. 611 ; 136 Fed. 451. 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 James H. Turner and Co., 20 Am. B. R. 040; dist'g In re I.loyd {nvpra). In re Eastlack {supra). In re Cooper, 14 Am. B. R. 320; 135 Fed. 196. In re Dayville Woolen Co., 8 Am. B. R. 85; 114 Fed. 074. In re McGill (C. C. A. 6th Cir.), 5 Am. B. R. 155; 100 Fed. 57; 45 C. C. A. 218; aff'g Falter v. Reinhard, 4 Am. B. R. 782; 104 Fed. 292. Where bankrupt's attorney solicits proxies, such votes may be rejected as mani- festly in the interest of the bankrupt. In re Van De Mark (D. C. N. Y.), 23 Am. B. R. 700; 175 Fed. 287- Former attorney of bankrui)t holding majority in number and amount of claims. In re E. A. Walker and Co. {supra). Solicitation of claims. In re Crooker and Co. (D. C. Mass.), 27 Am. B. R. 241. 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 Am. B. R. 305; 109 Fed. 801. Mere filing of objections should not exclude hu7ia fide creditor from voting. In re Kelly Dry Goods Co., 4 Am. B. R. 528; 102 Fed. 747. There may be one or three trustees. In re Fisher, 14 Am. B. R. 366; 135 Fed. 223. Votes cast by a commissioner of deeds acting under a power of attorney acknowledged before himself should be excluded. In re Grossman (D. C. N. Y.), 34 Am. B. R. 32; 225 Fed. 1020. A receiver who is a candidate for oilice of trustee and is defeated has no standing to appeal. s. c. {svpra). In re Sugenheimer, 1 Am. B. R. 425; 01 Fed. 744. Creditor who is also bankrupt's debtor excluded. In re Duryea Power Co., 20 Am. B. R. 219; 159 Fed. 783. Secured creditors. 174 FOKMS IX BANKRUPTCY. In re Milne, Turnbiill and Co., 20 Am. B. R. 248; 159 Fed. 280. In re Columbia Iron Works, 14 Am. B. R. 52G; 142 Fed. 234. 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. ^Miat constitutes " splitting claims." In re L. W. Day and Co. (infra). Trustee should be free from entangling alliances. In re Rekersdres, 5 Am. B. R. 811; 108 Fed. 206. In re Sitting, 25 Am. B. R. 682; 182 Fed. 917. 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; aff'd (C, C. A. 2nd Cir.l, 24 Am. B. R. 252; 178 Fed. 545. Mere fact that claimant is a director and stockholder of a bankrupt corporation does not ipso facto in the absence of collusion or improper influence disqualify him !rom voting. In re Stradley and Co., 26 Am. B. R. 149; 187 Fed. 285. In re Syracuse Paper and Pulp Co. (D. C. N. Y.), 21 Am. B. R. 174; 104 Fed. 275. Approval of appointment of trustee. In re Lewensohn, 3 Am. B. R. 299; 98 Fed. 576. In re Anson Mercantile Co., 25 Am. B. R. 429; 185 Fed. 993. In re Gordon Supply and Mfg. Co., 12 Am. B. R. 94; 129 Fed. 622. In re Van De Mark (siipra). In re Ployd, 25 Am. B. R. 194; 183 Fed. 791. Disapproval for non-residence. In re Jacobs and Roth, 18 Am. B. R. 728; 154 Fed. 988. In re Mangan, 13 Am. B. R. 303; 133 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 perform the duties of the office and is a resident of or hag an office in the district. In re Coe, 18 Am. B. R. 715; 154 Fed. 162. Former attorney of bankraj)t not proper for trustee. In re Wink, 30 Am. B. R. 298; 206 Fed. 348. Undischarged bankrupt in another proceeding not proper person. In re Smith, 1 Am. B. R. 37. In re IMcGill (C. C. A. 6th Cir.), 5 Am. B. R. 155; 106 Fed. 57; 45 C. C. A. 218; aff'g Falter v. Reinliard. 4 Am. B. R. 782; 104 Fed. 292. EfTect of disapproval by referee. In re Margolies (D. C. X. Y.), 27 Am. B. R. 398: 101 Fed. 369. \\'hen referee's disapproval should not be exercised. In re Kreuger, 27 Am. B. R. 440; 196 Fed. 705. FORMS IN BANKRUPTCY. 175 In re Clay (Petition of Kdlar) (C. C. A. 1st Cir.), 27 Am. B. R. 715; 192 Fed. 830 J 113 C. C. A. 154. When selection not interfered with. In re Blue Ridge Packing Co., 11 Am. B. R. 36; 125 Fed. 610; In re l.^zoris, 10 Am. B. R. 31; 120 Fed. 716. Not disturbed by Circuit Court of Appeals except for abuse of discretion. In re Merritt Construction Co. (C. C. A. 2d Cir.), 33 Am. B. R. 610; 219 Fed. 555; 135 C. C. A. 323. FORM No. 101. [Official] APPOINTMENT OF TRUSTEE BY REFEREE. United States District Court, for the District of In Bankruptcj. In the Matter OF Banl-rupt. I No. At in ?ai(l District on the day of , A. D. 19 . . . , hefore , 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 , I, 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 del)t 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 Banlruptcy. NOTES. Appointment by Referee. Wheri' creditors fail to elect. In re Morris, 18 Am. B. R. 828; 154 Fed. 211. In re Brooke et al., 4 Am. B. R. 50; 100 Fed. 432. 176 FORMS IN BANKRUPTCY. In re Kuffler, 3 Am. B. R. 162; 97 Fed. 187. In re Richards, 4 Am. B. R. 631; 103 Fed. 849. In re Macliin 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; 51 C. C. A. 277. In re E. T. Kenney and Co., 14 Am. B. R. 611; 136 Fed. 451. In re Knox (C. C. A. 6th Cir.), 34 Am. B. R. 461; 221 Fed. 36; 136 C. C. A. 562. When referee may not appoint. On disapproval of election of a trustee, must call another meeting of creditors for purpose of electing anotlier trustee. In re Mackellar, 8 Am. B. R. 669; 116 Fed. 547. In re Van De Mark (D. C. N. Y.), 23 Am. B, R. 760; 175 Fed. 287; In re Lewensohn, 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; 179 Fed. 552. FORM No. 102. [Official.] NOTICE TO TRUSTEE OF HIS APPOINTMENT. United States District Court, for the District of In Bankruptcy. In the Matter OF Banlrupt. No. To of in the Count}^ of , and district aforesaid : I hereby notify you that you were dul\' aj^pointed trustee of tlie estate of the above named l)ankrupt at the first nicetiiio^ of the creditors, on the day of , A. D., 10. . ., and \ have approved said appointment. The ])eiial sum of your liond as sucli trustee has lieen fi.xed 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 Banl-rnpicy. NOTE. See General Order XVI. FORMS IN BANKKUPTCY 177 FORM No. 103. [Official.] ORDER APPROVING TRUSTEE'S BOND. In the District Court of the Uuited States, for the District of In Bankruptcy. Ix THE Matter OF Bankrupt. I Ko. It api)earing to the Court that of and in said District, has been duly appointed trustee of the estate of the above named Ininkrupt, 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 ai)proved. Dated , 19... lieferee in Banhruptcy. FORM No. 104. ORDER THAT NO TRUSTEE BE APPOINTED. In the District Court of the United States, for the District of In Bankruptcy. In' the IMatter OF Bdnl-rvpl. Xo. At in the City of and Counts' of in said District, on the day of . A. D., 19 . . . before Esq.. Eeferee in Bankruptcy. i:8 FOliMS IX BANKliUPTOY, This being the day appointed by the Court for the lirst meeting of creditors in the above entitled proceeding, oi' which due notice has been gi'ven 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 lie appointed and no other meeting of the creditors be called. Bejerec in Banl-rupicy. FORM No. 105. NOTICE TO TRUSTEE TO FILE REPORT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. ^ Xo. Office of , Keferee in Bankruptcy, Xo St., City of 19, To , l^sq., Trustee, Xo Street, City of A report prescribed by Section -17 of the United States Bankruptcy Act, subdivision 10. has not been filed l)y you. Kindly file the same on or before ,19... Yours trulv. Referee in Banl-ruptcy. NOTES. See TJule 4 of Instructions to Rofcreos in Southern District of New York. FORMS IX BANKKUPTCY. 179 FORM No. 106. ORDER APPOINTING ATTORNEY FOR TRUSTEE. United States District Court, for the District of hi Bankruptcy. Ix TiiE ^Iattku OF Ban/rnijit. \- No, Upon the annexed petition of , trustee herein, the affidavit of , attorney, both duly verified, and sufficient reason appearing to me therefor, it is hereby Ordered, that , as trustee herein, be and he hereby is authorized and empowered to retain Messrs , of Xo , City of , as his attorneys herein. Dated , 19. . . Referee in Bnnl-ruplci/. NOTES. Employment of Counsel by Trustee. For forms of petition and affidavit tiierefor, see "Receivers." I'orms Xos. 62, G3. Duty to employ eounsel. In re McKenna (D. C. X. Y.), 15 Am. B. R. 4; 137 Fed. 611. In re Baber, 9 Am. B. R. 406; 119 Fed. 525. AATiere attorney represents adverse interests. In re Rnsch, 5 Am. B. R. 565; 105 Fed. 607. Right to select his own counsel. In re Columbia Iron Works, 14 Am. B. R. 526; 142 Fed. 234; In re Abram, 4 Am. B. R. 575; 103 Fed. 272. 180 EOEMS l^ BANKRUPTCY. FORM No. 107. NOTICE OF DEFECTIVE PROOF OF CliAIM. United States District Court, for tlie District of : In Bankruptcy. In the Matter OF Banlrupt. - No, Office of , referee in bankruptcy, No Street, City of , ,19... Dear Sir: Your statement of claim against the al)ove named banlcrupt has l)een received and is herewith returned for correction. Please see Section 57 of the Bankruptcy Act, and Eule 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. Yours truly, Referee in Bankruptcy. FOKMS IN BANKRUPTCY. 181 FORM No. 108. PETITION TO AMEND SCHEDUL.ES. United States District Court, fur the District of In Bankruptcy. Ix THE Matter OF Bankrupt - No, To , Esq., Eef eree in Bankruptcy ; Your petitioner respectfully shows: That he was duly adjudicated a bankrupt herein on day of , 19 . . . , and that his schedules as required by Section 7 (8) of the l)ankruptcy 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 j^our 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 luive not been regularly notified of said first meeting of creditors. That at the time your petitioner's schedule of property was ]ire])arcd. by inadvertence, a certain interest in property vested in your jietilionor was omitted therefrom, namely : That no previous application has been made for the order hereinafter asked. Vv^herefore, your petitioner prays for an order amending said schedules in the particulars above specified, and that notice bo given accordingly. Dated at , 19. .. PetHioner. [Verification.] 182 rOKMS IX BAXKEUPTCY. FORM No. 109. ORDER ALLO\VING AMENDMENT OF SCHEDULES. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Bankrupt. Xo. 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 [Eecite here opposition, if any.] Xow, on motion of , Esq., attorney for said l)ankrupt, it is Ordered, that Schedule A ( ) herein be amended l)v adding thereto, in the proper columns, the following facts : That Schedule B ( ) be amended by adding thereto the following words: Dated ,19... Referee in Bankruptcij. FORMS IX BANKRUPTCY 183 FORM No. 110. AFFIDAVIT OF BANKRUPT AS TO EXEMPTIONS. United States District Court, District of . . . Ill Bankruptcy. IX THE ^Iattku OF Bankrupt. 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 tlic greater ])()rtion 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 ]iroperty should be set ofT to deponent as exempt property, Sworn to before me this day of , 19 . . . 184 FOEMS IX BANKEUPTCY. FORM No. 111. ORDER ALLOWING EXEMPTIONS \VHEN NO TRUSTEE APPOINTED. United States District Court, District of : In Bankruptcy. Ix THE Matter OF Banlrupt. Xo, An order having been made herein that no trustee he appointed as provided in General Order XT; 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 : Xow, 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 lavs of the State of , to the following property : and that the same be delivered to him forthwith. Dated ,19... Referee in BanTcruptcy. FORMS IN JiANKKUPTCY. 185 FORM No. 112. PETITION BY BANKRUPT FOR REVIE^W OF REFEREE'S ORDER ON EXEMPTIONS. In the District Court of the United States lor the District of : In Bankruptc}'. IX THE ]\lATTF.il OF Bank-rupt. Xo, To , Esq., Eeferee in Bankruptcy : Your petitior.er 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 ,!!'••, 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, ])rays that said trustee's report and the said order ])e reviewed, as provided in the Bankruptcy Law of 1898 and General Order XXVII. Dated /. ,19... Bankrupt. [Verification.] NOTES. Exemptions. Sees. 6, 2 (11), 7-a (8), 47-a (11). Cross-references, 70-a. General Orders, XVII. The State law where bankrupt has domicile controls. In re Tobias, 4 Am. B. R. 55.5; 10.3 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 ro Manning, 7 Am. B. R. 571; 112 Fed. 948. 18G FOKMS IX BAXKKUPTCY. Tn re Wood, 17 Am. B. K. 931; 147 Fea. 877. In re Owing3 (D. C. N. Car.), 15 Ara. B, R. 472; 140 Fed. 739. Smalley v. Laugenour, 13 Am. B. E. 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. 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 O'Hara, 20 Am. B. R. 714; 162 Fed. 325. In re Sullivan (C. C. A. 8th Cir.), 17 Am. B. R. 578; 148 Fed. 815; 78 C. C. A. 50.'). In re Downing (D. C. Ky.), 15 Am. B. R. 423; 148 Fed. 120. In re Andrews and Simonds (D. C. Mich.). 27 Am. B. R. 116; 103 Fed. 770. In re Choatham, 31 Am. B. R. 520; 210 Fed. 370. Jurisdiction as to property not capable of being segregated. Bank of Nez Perce v. Pindel, 28 Am. B. R. 69; 193 Fed. 917; 113 C. C. A. 545. Xot the intent of the Bankruptcy Act to enlarge the exemptions available under the State law. In re Boyd, 10 Am. B. R. 337; 120 Fed. 999. Nor to cover exoneration from the payment of the fees provided for the court officers. In re Mason, 25 Am. B. R. 73; 181 Fed. 899. In re Hines, 9 Am. B. R. 27; 117 Fed. 790. Exemption laws to be liberally construed. In re Tilden, 1 Am. B. R. 300; 91 Fed. 500. In re Thedford, 28 Am. B. R. 191. 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. 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. 228. 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. Alien claimant. In re Kaplan (D. C. ]\Iiss.), 24 Am. B. R. 376: 186 Fed. 242. Determined as of the time of his adjudication. In re Fletcher, 16 Am. B. R. 491. In re Rainwater, 25 Am. B. R. 419; 191 Fed. 738. In re Donahey (D. C. Pa.), 23 Am. B. R. 796; 176 Fed. 458. Exemptions after discharge out of subsequently discovered assets not allowed. Tn re Irwin (C. C. A. 3rd Cir.), 23 Am. B. R. 487; 174 Fed. 642; 98 C. C. A. 396. Personal to bankrupt and is deemed waived if not asserted. In re Bolinger, 6 Am. B. R. 171 ; 108 Fed. 374. In re Sloan, 14 Am. B. R. 435; 135 Fed. 873. In re Blanchard and Howard (D. C. N. Car.), 20 Am. B. R. 422; 161 Fed. 797. Failure to claim exemptions does not estop. Goodman v. Curtis, 23 Am. B. R. 504; 174 Fed. 644; 98 C. C. A. 308. In re Maxson (D. C. la.), 22 Am. B. R. 424; 170 Fed. 356. Waiver. In re Reinhart, 12 Am. B. R. 78; 129 Fed. 510. In re Osborn (D. C. N. Y.), 5 Am. B. R. Ill; 104 Fed. 780. In re Kaufmann (D. 0. Wis.), 16 Am. B. R. 118. FORMS IN BANKRUPTCY. 187 In re Pfeiffer (D. C. Pa.), 19 Am. B. R. 230; 155 Fed. 892. In re Bolinger (supra). Failure of bankrupt to claim exemption of wages i-ariied i)rior to lii.s adiuilit«tio!i constitutes a waiver. In re Harrington (D. C. X. Y.), 29 Am. B. R. 66G; 200 Fed. 1010. Rights of e.vecution creditor holding waiver. In re Baughman (D. C. Pa.), 25 Am. B. R. 1G7; 183 Fed. 068. May waive, but not assign. In re Pfeifl'er (D. C. Pa.), 19 Am. B. R. 230; 155 Fed. 892. A claim of exemption in general not sufficient. In re Exum, 31 Am. B. R. 691; 209 Fed. 716. Burden of proof as to exemptions on bankrupt. In re Turnbull, 5 Am. B. R. 549; 106 Fed. 660. McGahan v. Anderson, 7 Am. B. R. 641; 113 Fed. 115; 51 C. C. A. 92. Payment from proceeds of sale. In re Zack, 28 Am. B. R. 138. Dunlap Hardware Co. v. Huddleston (C. C. A. 5th Cir.), 21 Am. B. 11. 7.31; 107 Fed. 433; 93C. C. A. 69. Time and manner of claiming. In re McClintock, 13 Am. B. R. 606. Seedig v. First Nat. Bank of Clifton (Tex. Ct. Civ. App.). 33 Am. H. R. 00. An extension of time for filing schedules extends bankrupt's time fur claiming,' exemptions. In re O'Hara (D. C. Pa.), 20 Am. B. R. 714; 162 Fed. 325. Amending schedules so as to benefit particular creditor not permitted. In re Merry, 29 Am. B. R. 829; 201 Fed. 369. Property set apart as exempt forms no part of estate in bankruptcy. Lockwood V. Exchange Bank, 10 Am. B. R. 107; 190 U. S. 294; 47 L. Ed. 1001. In re Brumbaugh, 12 Am. B. R. 204; 128 Fed. 971. Jewett v. Huffman, 13 Am. B. R. 738. In re Bender (D. C. 0.), 17 Am. B. R. 895. McKenny v. Cheny, 11 Am. B. R. 54. In re Hill, 2 Am. B. R. 798; 96 Fed. 185. In re Yeager (D. C. Pa.), 25 Am. B. R. 51 ; 182 Fed. 951. In re Rising, 27 Am. B. R. 519. In re MacKissac, 22 Am. B. R. 817; 171 Fed. 279. Gregory Co. v. Bristol (In re Cale) (C. C. A. 8th Cir.), 26 Am. B. R. 038 ; 101 Fed. 31; 111 C. C. A. 89. A trustee may not recover, as a preference, exempt iiroperty or the proceeds thereof, transferred by the bankrupt within the four months period. Vitzthum v. Large (D. C. la.), 20 Am. B. R. 666; 162 Fed. 685 Application of Sec. 67-f. Provisions of See. 67-f do not defeat rights in exempt property acquired by contract or waiver and these may be enforced or foreclosed by judgments obtained after petition in bankruptcy was filed. C. B. and 0. R. R. Co. v. Hall (U. S. Sup.), 30 Am. B. R. 619; 220 V. R. 511 ; 57 L. Ed. 1306; aff'g Hall v. C, B. and Q. R. R. Co., 25 Am. B. R. 53; 88 Xeb. 20. In re Forbes (C. C. A. 9th Cir.), 26 Am. R. B. 355; 186 Fed. 79. Contra. Jewett Bros. v. Huffman, 13 Am. B. R. 738. Compare In re Downing, 15 Am. B. R. 423; 148 Fed. 120. In re Snvder, 32 Am. B. R. 500; 216 Fed. 989. 188 FORMS IN BANKEUPTCY. Court of bankruptcy has jurisdiction to determine the merits of a bankru];fs claim to exemptions. In re Castleberry, 16 Am. B. R, 159; 143 Fed. 1018. In re Camp, 1 Am. B. R. 165; 91 Fed. 745. 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. In re Remmerde, 30 Am. B. R. 701 ; 206 Fed. 822. Enforcement of order. In re Hartsell, 15 Am. B. R. 177; 140 Fed. 30. In re Castleberry (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; 117 Fed. 790. As affecting stay of discharge. In re Mitchell, 23 Am. B. R. 707; 175 Fed. 877. Effect of concealment of assets. Bankrupt forfeits. In re Schafer (D. C. Pa.), 18 Am. B. R. 361; 151 Fed. 505. In re Ansley Bros. (D. C. N. Car.), 18 Am. B. R. 457; 153 Fed. 983. In 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. In re Taylor (D. C. Colo.), 7 Am. B. R. 410; 114 Fed. 607. In re Yost (D. C. Pa.), 9 Am. B. R. 153; 117 Fed. 792. In re Evans (D. C. N. Car.), 8 Am. B. R. 730; 116 Fed. 909. In re Denson, 28 Am. B. R. 162; 195 Fed. 857. , In re Cochran (D. C. Ga.), 26 Am. B. R. 459; 185 Fed. 913. In re Gerber (C. C. A. 9th Cir.), 26 Am. B. R. 608; 186 Fed. 693; 108 C. C. A. 511. Contra. In re Park (D. C. Ark.), 4 Am. B. R. 432; 102 Fed. 602. In re Rothschild (D. C. Ga.), 6 Am. B. R. 43. Xot allowed out of voidable preference surrendered or recovered. In re Wishnefsky (D. C. N. J.), 24 Am. B. R. 798: 181 Fed. 896. Right to exemptions in property purchased with intent of not paying therefor. In re Hammond, 28 Am. B. R. 811. Denied because of false statement to agency. In re Peacock (D. C. Ga.), 30 Am. B. R. 179; 203 Fed. 191. In re Dobbs, 22 Am. B. R. 801; 175 Fed. 319. Practic.e 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; afT'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; 67 C. C. A. 486. In re Groves (D. C. O.), 6 Am. B. R. 728. In re Luby, 18 Am. B. R. 801; 155 Fed. 659. In re J. E. Maynard & Co. (D. C. Ga.), 25 Am. B. R. 732; 183 Fed. 823. Claim in alternative. In re Kelly, 28 Am. B. R. 730; 199 Fed. 984. Petition of bankrupt for payment of exemptions in cash. FORMS IN BANKRUPTCY. 189 In re Andrews & Simonds (D. C. Mich.), 27 Am. R. K. IIG; 193 Fed. 776. Amendment of bankrupt's sc-hedule as to exemptions permitted. In re White, II 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. Goodman v. Curtis (C. C. A. 5th Cir.), 23 Am. B. R. 504; 174 Fed. 644; 98 C. C. A. 398. In re Mdxson (D. C. la.), 22 Am. B. R. 424; 170 Fed. 356. 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 Neal (D. C. O.), 14 Am. B. R. 550. In re Wilson, 6 Am. B. R. 287; 108 Fed. 197. In re ^^■hite (supra). 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; 124 Fed. 417. In re Ellis, 10 Am. B. R. 754. In re Soper (D. C. Neb.), 22 Am. B. R. 868; 173 Fed. 116. In re Finklestein (D. C. Pa.), 27 Am. B. R. 229; 192 Fed. 738. Duty of trustee to set apart when State law permits exemptions in partnership property. In re Andrews and Simonds (D. C. Mich.), 27 Am. B. R. IIG; 103 Fi-d. 776. Should report within 20 days after appointment. In re MeClintock (D. C. 0.), 13 Am. B. R. 606. On exceptions by trustee to bankrupts' exemptions, testimony of witnesses other than the bankrupt not admissible. In re Siskind, 32 Am. B. R. 69. No notice to creditors required upon hearing on objections to trustee's report. Sheridan State Bank v. Rowell, 32 Am. B. R. 747; 212 Fed. 529. Creditor may except to report. In re Wliite, 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 exemp- tions are too late. In re Amos (D. C. Ga.), 19 Am. B. R. 804. See, as to adding new grounds of objection after 20 days. In re Cotton & Preston (D. C. Ga.), 23 Am. 15. R. 586; and s. c, 25 Am. B. U. 532; 183 Fed. 100. Bankruiit also may except to trustee's report. In re Ellis (D. C. O.), (supra). No ,iury trial of question under Sec. 19. In re Tliedford, 27 Am. B. R. 3.") 4 and cases cited. 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. 190 FOEMS IX BAXKEUPTCY. In re Meredith (D. C. Ga.), 16 Am. B. R. 331; 144 Fed. 230. Bankrupt's right to, not aflFected by fact that he had given notes containing a waiver thereof. In re Goodman (Goodman v. Curtis), 23 Am. B. R. 504; 174 Fed. C44; 98 G. C. A. 398. In re Loden (D. C. Ga.), 25 Am, B. R. 917; 184 Fed. 905. Partnership Assets. In South Dakota no right of e.xemption in partnership assets. In re Novak (D. C. S. Dak.), 18 Am. B. R. 236; 150 Fed. 602. In re Abrams. .34 Am. B. R. 552. In re I. S. Vickerman & Co. (D. C. S. Dak.), 29 Am. B. R. 298; 199 Fed. 589. So in New Jersey, Maryland, Pennsylvania, Oklahoma and Arkansas. In re Prince & Walter (D. C. Pa.), 12 Am. B. R. 675; 131 Fed. 546; In re Demarest (D. C. N. J.), 6 Am. B. R. 232; 110 Fed. 638. In re Rushmore, 24 Am. B. R. 55. In Washington. In re Phillips, 31 Am. B. R. 597; 209 Fed. 490. In re Scheier, 26 Am. B. R. 739; 188 Fed. 744. Jennings v. Wm. A. Stannus & Son (C. C. A. 9th Cir.), 27 Am. B. R. 384, 386; 191 Fed. 347; 112 C. C. A. 91. In re Beauchamp (D. C. Md.), 4 Am. B. R. 151; 101 Fed. 106. In re Golden Rule Mercantile Co. (D. C. Okla.), 21 Am. B. R. 397. North Carolina rule. In re J. 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. In re Gartner Hancock Lumber Co., 22 Am. B. R. 898; 173 Fed. 153. Georgia rule. In re Rutland (irocery Co., 26 Am. B. R. 942; 189 Fed. 765. In re Camp, 1 Am. B. R. 165; 91 Fed. 745. Michigan rule. In re Andrews & Simonds, 27 Am. B. R. 116; 193 Fed. 776. Mississippi rule. In re H. W. Bundy & Co., 33 Am. B. R. 289; 218 Fed. 711. Payment from assets of dissolved partnership. In re Kolber (D. C. Pa.), 27 Am. B. R. 414. In re Rudnick (D. C. Wash.), 4 Am. B. R. 531; 102 Fed. 750. As affected by kind of property claimed. Capes very numerous and differ largely in the various states; wearing apparel, implements of trade, houseliold 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. 5C0. In re Leech (C. C. A. 6th Cir.), 22 Am. B. R. 599; 171 Fed. 622; 96 C. C. A. 424. 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; affg 16 Am. B. R. 87; 142 Fed. 620. Olnisted-Stevenson Co. v. Miller (C. C A. 9th Cir.) 36 Am. B. R. 816. 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 Ellithorpe. 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. 105; 104 Fed. 968; 44 C. C A. 287. FORMS IN BANKRUPTCY. 191 In re White (C. C. A. 2ncl Cir.), 23 Am. B. K. . R. 153; 91 Fed. 102. In rv. CardTUT, 4 Am. B. R. 420 and noto; 103 Fed. 922. Does not require consent of respondent. Bray v. Cobb (supra). 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. In re Abbey Press, 13 Am. B. R. 11; 134 Fed. 51. The judire may, for tlie convenience of the parties or for cause, transfer a case from one referee to anotlier witliin the district in which tlie proceedintr is pending. No jurisdiction 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. Removal of referee. Birch V. Steele, 21 Am. B. R. 539; 165 Fed. 577. In re Steele, 20 Am. B. R. 446; 161 Fed. 886. Ex parte Steele, 20 Am. B. R. 575; 162 Fed. 694. 218 FORMS IN BANKRUPTCY. FORM No. 132. PETITION FOR APPOINTMENT OF APPRAISERS. United States District Court, District of In Bankruptcy. In the Matter OF Banlrnpi. To , Esq., Referee in Bankruptcy. The petition of respectfully shows : 1. That he is the trustee herein duly qualified and acting. 2. That as such trustee the following assets have come into his hands and remain unsold : 3. That petitioner desires to offer same at pul)lic sale pursuant to the rules of this Court. 4. That no appraisal of such property has ])een made. Wherefore, petitioner prays that three disinterested persons l)e appointed ])y this Court to appraise such property and file their report therein with all convenient speed. • > Petitioner. [Verification.] FORMS IN BANKRUPTCY. 219 FORM No. 133. [Official.] APPOINTMENT, OATH AND REPORT OF APPRAISERS. In the District Court of the United States, for the District of : In Bankruptcy. In the ]\Iattku OF Bnnl-rupt. Xo. 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 he made as soon as may be, and the appraisers to be duly sworn. Witness my hand this day of , A. D. 19. . Referee in BankTupfcij. District of , ss. : Personally appeared the withiii-namcd , and , and severally made oath that they will fully aiul fairly ap- l)raise the aforesaid real and personal property according to their 1)est skill and judgment. Subscril)ed and sworn to before me, this (hiy of A. D., 19... {Official Character.) We, the undersigned, having been notified that we were appointed to estimate and appraise the real and personal property aforesaid, have attended to 220 FOKMS IN BANKRUPTCY. the duties assigned us, and after a strict examination and careful inquiry, we do estimate and appraise the same as follows: In witness whereof we hereunto set our hands, at day of , A. D. 19... ,, this FORM No. 134. PETITION OF APPRAISERS FOR ALLOAVANCE FOR SERVICES. United States District Court, District of : In Bankruptcy. Ix THE ^Matter OP Bnnl-rnpt. No. To the District Court of the United States, for the District of : The petition of , , and , respectfully shows : That on the day of , 19 . . . , hy order of , Esq., yonr petitioners were duly appointed appraisers herein. That said appraisers met at the office of , duly qualified and entered upon the performance of their duties. FORMS IN BANKRUPTCY. 221 That the property helonging to the bankrupt estate consisted of [Here set forth property] That it was necessary for the a})praisers to inventory and inspect all of said property. That the total value of said property, as found by the appraisers and emhodied in the appraisers' report on fde in this proceeding, was the sum of $ That the appraisers were engaged in inaking said appraisal and in prepara- tion of their report for substantial portions of days. That said appraisal, 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 reasonal)le. Petitioners. [Verification.] NOTES. Appraisers. Sec. 70-b. In re Prager, 8 Am. B. R. 356. In re Desrochers^ 25 Am. B. R. 703, 721; 183 Fed. 991. Appointment of on sujigestion 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. In absence of proof to contrary fiovcrns as to tlie value of bankrupt's property. Schuler v. Hassinger (C. C. A. 5th Cir.), 24 Am. B. R. 184; 177 Fed. 119; 100 C. C. A. 539. In re Monsarrat (No. 2) (D. C. Haw.), 25 Am. B. R. 820. When Court may disregard. In re Zehner, 27 Am. B. R. 536; 193 Fed. 787. Fees of appraisers. 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 re Desrochers (supra). Purchase of bankrupt's property by an official appraiser thereof not allowed. In re Frazin & Oppenheim (C. C A. 2nd Cir.), 24 Am. B. R. 598; 181 Fed. 307; 104 C. C. A. 529. FORMS IX BANKRUPTCY. FORM No. 135. ORDER DECI.ARING FIRST DIVIDEND AND DIVIDEND SHEET. United States District Court, for the District of : In Bankruptcy. In the ^Iatter OF Banlrupt. Y Xo. 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 Banl-ruptcy. FOKMS ]N BANKRUPTCY. 223 United States District Court, for the District of In Bankruptcy. IX THE 3lATTEIt OF Banlrupt. I Xo. DIVIDEND SHEET. At the Citj' 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 Banlruptcy. 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 comiiutation for first dividend claims scheduled, but not filed, must be included. In re Scott. 2 Am. B. R. 324; 96 F.d. 607. See In re Walker, 3 Am. B. R. 35 : 96 Fed. 5.50. See, as to exceptions in some jurisdictions. In re Heebner. 13 Am. B. R. 256; 132 Fed. 1003. AMien order declarinj? dividend should be revoked and how far revicwaV)le. In re H.nry Sic^'el Co. (D. C. Mass.), 32 Am. B. R. 645: 216 Fed. 943. Declaration of final dividend before expiration of one year. When same will not be set aside. In re Coulter. 30 Am. B. R. 75; 206 Fed. 906. Dividends undistributed in hands of a trustee are not subject to attachment or garnishment. 224 FORMS IN BANKRUPTCY. In re Hollander (D. C. Md.), 25 Am. B. K. 48; 181 Fed. 1019. In re Argonaut Shoe Co. (C. C. A. 9th Cir.), 26 Am. B. K. 584; 187 Fed. 784; 109 C. C. A. 632. Cowart V. W. E. Caldwell Co. (Ga. Sup. Ct.), 24 Am. B. R. 546. In re Thompson-Breese Co., 30 Am. B. R. 105. In re American Electric Telei^hone Co. (C. C A. 7th Cir.), 31 Am. B. R. 612; 211 Fed. 88; 127 C. C. A. 512. Duty of referee to furnish trustee with dividend sheet. Checks should only be made payable to those whose names appear on such sheet or the trustee incurs the risk, of his vouchers not being approved. In re Carr, 8 Am. B. R. 635; 116 Fed. 556. Referee may oixler at request of creditor payment by trustee of dividend withlield without sufficient reason. Time of jjayment of dividends. In re Bell Piano Co. (D. C. N. Y.), 18 Am. B. R. 183; 155 Fed. 272. In re Eldred, 19 Am. B. R. 52; 155 Fed. 686. In re Stein, 1 Am. B. R. 662; 94 Fed. 124. Distribution. In re Kohler (C. C. A. 6th Cir.), 20 Am. B. R. 89; 159 Fed. 871; 87 C. C. A. 51. Distribution of proceeds of securities deposited by private banker with New York State Comptroller. In re Rosett (C. C. A. 2nd Cir.), 30 Am. B. R. 309; 204 Fed. 431; 122 C. C. A. 617; aff'g s. c. 29 Am. B. R. 341; 203 Fed. 67. FORM No. 136. NOTICE OF DIVIDEND AND W^ ARRANT. United States District Court, for the District of 111 Bankruptcy. In the Matter OF Banl-rvpt. Notice of Dividend. No Notice of the declaration and time of the payment of dividend. At '. . , on the day of , 19 . . . To the Creditors of the aliove named Bankrupt: Notice is hereby fjiven, that I have this day declared a dividend out of the ahove estate of per cent., upon the claims proved and allowed herein. Referee in Bankrvptcy. FORMS IN BANKRUPTCY. 225 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 oflice, No , Street, in the City of , on the day of , 19 ... , or on any day thereafter, between the hours of , ]\[. and , M., receive a warrant for a dividend due to you out of the al)ove estate. If you cannot persoiudly attend, the warrant will J)e delivered to your order on your tilling up and signing the subjoined letter. Tni.^lee in lUinkrnptcij. To , Street, City of Trustee in Bankruptcy of the estate of , Bankrupt. Please deliver to , the warrant for the dividend payable out of the said estate to me. (Signed) Creditor. FORM No. 137. ORDER THAT TRUSTEE PAY DIVIDEND HERETOFORE DECLARED. United States District Court, District of : In Bankruptcy. In the Matter OF Bankrupt. X^pon reading and filing the affidavit of , a creditor herein whose claim was duly filed and allowed herein on tlu^ day of "ID..., duly verified, and upon all tlie proceedings heretofore had herein and it ap]waring that a dividend of $ was heretofore declared upon the claim of the said , on the day of 101..., and that , Esq., unreasonably refuses to pay such dividoiul to said creditor, now, upon motion of , attorney for said creditor it is, ordered that 226 FORMS IN BANKRUPTCY. tlic trustee in l)ankru])tcy lierein pay forthwith to said creditor the sum ol' $ the amount of tlie dividend heretofore declared u])on his said claim. Dated, , li).. . Tleferc-c in Banl-rujdcy. FORM No. 138. NOTICE OF FINAL MEETING. United States District Court, District of . . In Bankruptcy. In the Matter OF Ikinhrupt. V No. To tlie Creditors of the ahove named Bankrupt: Notice is herehy given that the trustee in l)ankruptcy in this proceeding has filed his final account in the office of the undersigned referee herein, where it may l)e inspected hy creditors, and that a final meeting of the creditors of said 1)ankrupt will he 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 w^ill he 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 he 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... Refer&e in Banl-ruptcy. FORMS IN BANKRUPTCY. 227 FORM No. 139. ORDER PASSING TRUSTEE'S ACCOUNT AND DECLARING DIVIDEND. Ill the District Court of the United States, for the : 111 Bankruptcy. Ix THE Matter OF BanWnpt. V Xo. 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 he held at the Referee's office, to pass iipon said account and to fix the amounts to he 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 del)ts 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 lie 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 delits 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, applical)le to the payment of dividends, being per cent, of said aggregate amounts 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 223 FOKMS IN BANKIIUPTCY. Ordered, that tlie said Trustee take a receipt for the payments directed by this order, and return the same to the office of the Eeferee with all convenient speed. Dated , 19. . . Refer&e in Bankruptcy. FORM No. 140. ORDER FIXING ALLO"WANCE OF BANKRUPT'S ATTORNEY. I'nited States District Court, for the District of : In Bankruptcy, In the Matter OF Bankrupt. Ko. , 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 ])e 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... " J Referee. FORMS IN BANKRUPTCY. 229 NOTES. In Southern District of New York, See Rule XXII. In Western District, Rule XXXI. Compensation of bankrupt's attorney. — -For what services compensated. In re (Joldville Mfg. Co., 10 Am. B. R. 552; 123 Fed. 579. In re Kosentlial, Am. B. R. 62(5; 120 Fed. 848. In re Mayer, 4 Am. B. R. 238; 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 Cooperate 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 Kress, 3 Am. B. R. 187; 96 Fed. 816. Only one allowance, though members of a bankrupt firm appear by different attorneys. In re Eschwege & Colin. 8 Am. B. R. 282. In re Christiansen (D. C. N. Dak.), 23 Am. B. R. 710; 175 Fed. 867. In re K. L. Wong (D. C. HaAv.), 30 Am. B. R. 125. In re Lane Lumber Co. (Whitla & Nelson v. Boyd), 30 Am. B. R. 749; 206 Fed. 780; aff'd, 32 Am. B. R. 469; 213 Fed. 587; 130 C. C. A. 167. No fee for contesting involuntary petition when adjudication follows. In re Francis Levy Outfitting Co. Ltd., 29 Am. B. R. 8. See In re Perlhefter and Shatz, 25 Am. B. R. 586. 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. What considered in determining compensation. In re Duran Mercantile Co., 29 Am. B. R. 450; 199 Fed. 961. 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. See In re Cillardon, 26 Am. B. R. 103; 187 Fed. 289. Excludi'S services to bankrupt on exemptions. In re Castleberry, 16 Am. B. R. 430; 143 Fed. 1021. In re Borhman, 34 Am. B. R. 801 ; 224 Fed. 287. If attorney has previously received compensation from tlie bankrupt for the serv- ices, 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. Compare 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 Fs'd. 155; 89 C. C. A. 605; aflf^g 20 Am. B. R. 919. Allowance in discretion of tlie court and jiayments to an attorney valid only so far as subsequentl}' approved by tlie court. In re Morris. 11 Am. B. R. 145; 125 Fed. 841. 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. \Mien confirmation is contested. In re Fogarty (C. C. A. 8th Cir.), 26 Am. B. R. 568; 187 Fed. 773: 109 C. C. A. 621. 230 FORMS IX BANKRUPTCY. In re Keller (D. C. X. Y.), 31 Am. B. R. 51; 207 Fed. 118. In re Hammels and Hofman (D. C. N. Y.), 31 Am. B. R. 672; 211 Fed. 238. Allowance to bankrupt's attorney for disbursements and filing fee paid by him in voluntary proceedings while involuntary petition is pending. In re Carpenter (D. C. X. Y.), 25 Am. B. R. 161. Compare In re Stegar (D. C. Ala.), 7 Am. B. R. 665; 113 Fed. 978. When transfer of property by bankrupt to attorney for payment of fees and disbursements for services rendered and to be rendered may be upheld by the court reviewing same. In re Cummins (D. C. X. Y.), 28 Am. B. R. 385; 196 Fed. 224. [See notes on review of fee paid by bankrupt to attorney under Sec. 60-d, Form Xo. 122. See costs to bankrupt on dismissal of petition.] FORM No. 141. REFEREE'S CERTIFICATE OF INDEMNITY. United States District Court, for the District of In Bankruptcy. Ix TUB ^Latter OF - Xo, Banl-riipt. 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 canceling 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... JRefere-e in Bnnl-rupicy. [Attach Statement.] NOTES. Referee's Compensation. Sees. 40, 72. Consult local rules. In re Elk Vallev Coal Mining Co.. .32 Am. R. R. 197: 213 Fed. 3S3. FORMS IN BANKRUPTCY. 231 In ro Langford ot al. ( D. C. Cal.), 35 Am. li. R. 519; 225 Fed. 311. In cases of quasi-composition. Fielding v. Philips (In re Philips and McKachin) (C. C. A. 5th dr.), 31 Am. B. R. 542; 210 Fed. 889; 127 C, C. A. 499. On common-law settlements it has recently been held in Southern District of New York (In re Arnold B. Heine and Co., No. 21163; not reported) that referees were not entitled to commissions- Not entitled to commissions on moneys disbursed by trustee in conducting busine33 of bankrupt. In re M. F. Rourke Co. ( i). ('. Tcnn.), 31 Am. 15. 11. 788; 209 Fed. 877. Bray v. Johnson (C. C. A. 4th Cir.), 21 Am. B. K. 383; 1(56 Fed. 57; 91 ('. C. A. 643. In re C. J. McCubbin Co. (Dist. of Col. Sup. Ct.), 33 Am. B. R. 277. Commissions out of mortgaged property. Varney, Referee v. Harlow, Trustee, 31 Am. B. R. 339; 210 Fed. 824; 127 C. C. A. 374. Pledged property. In re Meadows et al. (C. C. A. 2d Cir.), 33 Am. B. R. 649; 211 Fed. 948; 128 C. C. A. 446; aff'g s. e. 29 Am. B. R. 165; 199 Fed. 304. FORM No. 142. [Official.] PETITION AND ORDER FOR REDEMPTION OF PROPERTY FROM LIEN. United States District Court, District of : In Bankruptcy. TX THE |\LVTTER OF BnnltTiipf. y No. "Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said l)ankrupt's estate, to wit: (Trero 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 he redeemed and discharged from the lien 232 FORMS IN BANKKUPTOY. 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 w^as 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 Barikruptcy. FORM No. 143. PETITION FOR ORDER OF PROTECTION. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OP Banl-rnpt. No. 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. FORMS IN BANKRUPTCY. 233 That no previous application lias been made to this or any other oonrt for the order hereinafter asked. Wherefore, your petitioner prays for an order of protection from arrest, as provided in said Section 9-a and General Order Xll (1). Dated , 19 Petitioiier. [Verification.] NOTES. Rarely used. See, generally, Section 9-a. Consult also General Order XIT (1). The application generally takes the form of a petition for an injunction ajjainst 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. FORM No. 144. ORDER OF PROTECTION. United States District Court, for the District of In Bankru|)tey. In the ]\Iatter OF No, Bankrupt. The al>ove named haukrupt havinrember of Partnership. 157. Acknowledgment to Letter of Attorney by Corporation. 158. Special Letter of Attorney. 159. Objections to Proof of Debt. 160. Petition that Proof of Debt be re-examined. 161. Order for Re-examination of Claim. 162. Notice to Claimant tliereon. 163. Notice by Order .to show Cause. (Substitute for Form No. 162.) 164. Order expunging or reducing Proof of Debt. 165. Order allowing Proof of Debt. 166. Order for Li(iuidation of Claim. 167. Petition for Payment of priority Claims and Schedule thereof. 168. Order for Payment of priority Claims. 169. Petition to review Order expunging Proof of Debt. ^ 170. Petition that all Claims to Securities etc. be filed and referred. 171. Order to show Cause thereon. 172. " Omnibus " Order directing that Claims to Securities etc. be filed anl referred. [234] FORMS IN BANKRUPTCY. 235 FORM No. 145. [Official.] PROOF OF UNSECURED DEBT. In the District Court of the United States, for tlie District of In Bankruptcy. In thk ]\Lvtteu OF Bankrupt. y Xo. 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 savs that the person ])y (or against) whom a petition for adjudication of hankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indel)ted to said deponent in the sum of dollars ; that the consideration of said debt is as follows : that no j)art of said debt has been paid (except ); that there 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. *See General Orders, XXI, i. (Official character.) 236 FORMS IN 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 Di;nn Hardware and 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. it is the duty of tlic referee to examine the proofs filed to ascertain whetlier they comply with tiie statute and general orders. In re Goble Boat Co. (D. C. X. Y.), 27 Am. B. R. 48; 190 Fed. 92. Undisclosed credits, erasure of word " except " after " no part of said debt has been, paid." In re (iirvin (D. C. N. Y.), 20 Am. B. R. 490; 160 Fed. 197. What may be considered as a claim. In re Faulkner (C. C. A. 8th Cir.), 20 Am. B. R. 542; 161 Fed. 900; 88 C. C. A. 505. Court maj' not allow inequitable claims. In re Dove Harris Woodworth Co. (Ref. N. Y^.), N. Y. Law Journal, April 10, 1916. When not " duly proved." In re Goble Boat Co. (supra). Proof by representative of a class. In re Salvator Brewing Co. (C. C. A. 2nd Cir.), 28 Am. B. R. 56; 193 Fed. 989; 113 C. C. A. 626; aff'g s. c. 26 Am. B. R. 21 ; 188 Fed. 522. All the formalities required in ordinary pleadings do r.ot apply to tlie filing of a proof of debt in bankruptcy. Kelsey v. Munson (C. C. A. 8th Cir.), 28 Am. B. R. 520; 198 Fed. 841; 117 C. C. A. 483. 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," insufficient. In re Scott, 1 Am. B. R. 553; 93 Fed. 418. Allegations founded upon " information and belief," not sufficient. In re United Wireless Telegraph Co. (D. C. Me.), 29 Am. B. R. 848; 201 Fed. 445. 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. R. 492; 130 Fed. 981. In re Coventry Evans Furniture Co., 22 Am. B. R. 272; 106 Fed. 516. Withdrawal of note from proof of debt. Sec. 57-b. In re Loden, 25 Am. B. R. 917; 184 Fed. 965. Failure to file written instrument with proof of claim under Sec. 57-b raises ni> presumption against its existence. \Miitney v. Dresser (C. C. A. 2d Cir.), 13 Am. B. R. 747; 135 Fed. 495; alUd, 200 U. S. 532, 535; 50 L. Ed. 584. Absence of date in deposition. In re Blue Ridge Packing Co. {supra). Not a pleading, but a deposition. Should state the origin and character of the debt and the items thereof. In re Creasinger {supra). In re United Wireless Telegraph Co. (supra). Proof of debt prima facie evidence of the indebtedness. FORMS IN BANKRUPTCY. 237 Whitney v. Dresser (supra). A proved claim does not become allowed by the filing thereof. Jn re Two Rivers Woodenware Co. (C. C. A. 7th Cir.), 29 Am. B. R. 518; 199 Fed. 877; 118 C. C. A. 325. 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. 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. G43. Claim sworn to before claimant's attorney of record as notary j)roi)er. In re Kimball. 4 Am. B. R. 144; 100 Fed. 777. Amendment of verification. In re Medina Quarry Co. (D. C. X. Y.), 24 Am. B. R. 769; 170 Fed. 920. Assigned claims. See General Order XXI. HoAv proven. In re Finlay Bros., 3 Am. B. R. 738; 104 Fed. G75. Assignment of claim after bankruptcy and before proof should be supported by affidavit of assignor, owner at time of tiling of petition setting forth the consideration. In re :McCarthy Portable Elevator Co. (D. C. N. J.), 30 Am. B. R. 247: 205 Fed. 9S6. 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. Filing of Proof. In re French (D. C. Mass.), 25 Am. B. R. 77; 181 Fed. 583. A creditor by filing a claim in bankruptcy acquiesces in the adjudication. In re New York Tunnel Co. (C. C. A. 2d Cir.), 21 Am. B. R. 531; IGG Fed. 284; 92 C. C. A. 202. 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. R. 9G; 51 L. Ed. 390; rev'g In re Ingalls Bros. (C. C. A. 2d Cir.), 13 Am. B. R. 512; 137 Fed. 517; 70 C. C. C. 101. In re Kessler et al. (C. C. A. 2d Cir.), 25 Am. B. R. 512; 184 Fed. 51; 107 C. C. A. 13; rev'g 23 Am. B. R. 901 ; 176 Fed. 647. In re Fairlamb Co., 28 Am. B. R. 515; 199 Fed. 27S. Not extended to employee of trustee. In re Lathrop, Haskins and Co. (C. C. A. 2d Cir.), 28 Am. B. R. 756; 107 Fed. 164; 116 C. C. A. 601. Creditor entitled to interest. In re John Osborn's Sons and Co. (C. C. A. 2d Cir.), 24 Am. B. R. 65; 177 Fed. 184; 100 C. C. A. 392. Computation of interest to date of filing of petition not iiiten>l"d to apply fo a solvent estate, when interest may be allowed subsequent to filing of petition. Johnson v. Xorris (C. C. A. 5th Cir.), 27 Am. B. R. 107; 190 Fed. 450; 111 C. C. A. 291. An adjudication in involuntary bankruptcy is not res adjudicata as to tlie validity or amount of a petitioning creditor's claim. In re Continental Corporation, 14 Am. B. R. 538. 1:38 FOHMS IX BAXKKUFTCY. See Ayres v. Cone et al. (C. C. A. 8th Cir.), U Am. B. R. 739; 138 Fed. 778; 71 C, C. A. 144. Nor does it dispense with the necessity of making and filing formal proof of debt. In re Harper, 23 Am. B. R. 918; 175 Fed. 412. Judgment creditor must file in order to share in estate. In re Rosenberg, 16 Am. B. R. 465; 144 Fed. 442. In re McBryde, 3 Am. B. R. 729; 99 Fed. 686. Indorser on notes of bankrupt may not file claim under Sec. 57-i until creditor has failed to do so. In re Manhattan Brush Mfg. Co. (D. C. N. Y.), 31 Am. B. R. 747; 209 Fed. 997. Waiver by filing claim. Lynch v. Bronson, 20 Am. B. R. 409; 160 Fed. 139; In re Kenyon, 19 Am. B. R. 194; 1.56 Fed. 863. In re Lewensohn (D. C. X. Y.), 3 Am. B. R. 594; 99 Fed. 73. Mere taking a promissory note without any payment thereon dots not discharge an original debt having any privileges under the Bankruptcy Act. In re ^Vorcester Co., 4 Am. B. R. 496; 102 Fed. 808; 42 C. C. A. 637. Dowse V. Hammond, 130 Fed. 103; 64 C. C. A. 437. When right to bring action not waived by filing proof of claim. Frey v. Torrey (X. Y. Ct. of App.), 175 X. Y. 501; aff'g 8 Am. B. R. 196; 70 App. Div. (X. Y.) 166; aff'g 6 Am. B. R. 448. In re Jacob Berry and Co. (C. C. A. 2d Cir.), 23 Am. B. R. 27; 174 Fed. 409; 98 C. C. A. 360; aff'g 146 Fed. 623. In re Buchans Soap Corp. (D. C. X. Y.), 22 Am. B. R. 382; 169 Fed. 1017. (ioods obtained by "false representations." Maxwell v. :\Iartin, 22 Am. B. R. 93; 130 App. Div. (X. Y^) 80; 114 X Y. Sup]). 349. Standard Sewing Machine Co. v. Alexander, 68 So. Car. 506; 47 S. E. 711. Flection of remedies. In re Stewart (D. C. X. Y.), 24 Am. B. R. 474; 178 Fed. 403. Time limit for proving claims. Sec. 57-n. No statutory riylit to file after one year. Applies only to claims sought to be asserted in the bankruptcy proceedings. Xorfolk and West. R. Co. v. Graham (C. C. A. 4tli Cir.), 16 Am. B. R. 610; 145 Fed. 809 ; 76 C. C. A. 385. In re Meyer (D. C. Ore.), 25 Am. B. R. 44; 181 Fed 904. Xot binding on the United States. In re Stoever, 11 Am. B. R. 345; 127 Fed. 394. Judgment. In re Rosenberg (supra). In re Leibowitz, 6 Am. B. R. 268; lOS Fed. 617. Attaching creditor. In re Baird and Co., 18 Am. B. R. 228; 1.54 Fed. 215. \Mien year expires. In re Co-operative Knitting Mills, 30 Am. B. R. 181; 202 Fed. 1016. 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 and Co. (D. C. Mass.), 14 Am. B. R. 763. S.-e In re Fagan, 15 Am. B. R. 520; 140 Fed. 758. In re Blond (D. C. Mass.), 34 Am. B. R. 193; ISS Fed. 452. Nunc pro tunc order cannot be entered. In re Co-operative Knitting ^Mills (supra). 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. X. Y.), 11 Am. B. R. 761; 127 Fed. 886. FORMS IN BANKRUPTCY. 239 Amendments of proof. In re Stevens. 5 Am. B. R. 806; 107 Fed. 243. Changing cliaracter of claim by amendment not usually allowed. In re Miner's Brewing Co., 20 Am. B. R. 717; 162 Fed. 327. In re McCallum and McCallum (D. C. Pa.), 11 Am. B. R. 447; 127 Fed. 768. When allowed. In re Roeber (C. C. A. 2d Cir.), 11 Am. B. R. 464; 127 Fed. 122; 62 C. ('. A. 122. In re Robinson, 14 Am. B. R. 626; 136 Fed. 994. In re Myers and Charni, 3 Am. B. R. 760; 99 Fed. 601. In re Home and Co., 23 Am. B. R. 590. In re Fisk and Robinson (D. C. N. Y.), 34 Am. B. R. 194. Wlien defective in some substantial particular the proof may be Huicndcd even after the expiration of the year. In re Kessler and Co. (C. C. A. 2d Cir.), 25 Am. B. R. .512; 1S4 Fed. ,"1; 107 C. C. A. 13; rev'g (s. c.) 23 Am. B. R. 901; 176 Fed. 647. 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. 1.35; 1!)0 U. S. 552; 47 L. Ed. 1179; aff'g s. c. 8 Am. B. R. 382; 115 Fed. 937. Brown v. O'Connell (C. C. A. 9th Cir.), 29 Am. B. R. 653; 200 Fed. 229; 118 C. C. A. 415. When assignment of unlilcd claim is filed within tlie year, the claim may he amended after the year. Bennett v. American Credit Indemnity Co. (C. C. A. 6th Cir.), 20 Am. B. R. 258; 1.59 Fed. 624; 80 C. C. A. 614. Amendment of proof not filed in regular form with referee during the year. In re Salvator BreAving Co. (C. C. A. 2d Cir.), 28 Am. B. R. 56; 193 Fed. 989; 113 C. C. A. 626; affg s. c. 26 Am. B. R. 21; 188 Fed. 522. In re Kessler (C. C. A. 2d Cir.) (supra). In re Basha and Son (C. C. A. 2d Cir.), 27 Am. B. R. 435; 200 Fed. 951; 119 C. C. A. 335; rev'g s. c. 27 Am. B. R. 435; 193 Fed. 151. In re Hamilton Automobile Co. (C. C A. 7th Cir.), 31 Am. B. R. 205; 209 Fed. 596; 126 C. C. A. 418. Powell V. Leavitt (C. C. A. 1st Cir.), 18 Am. B. R. 10; 150 Fed. 89; 80 C. C. A. 43. In re Fairlamb Co., 28 Am. B. R. 515; 199 Fed. 278. See In re Lathrop, Ilaskins and Co. (C. C. A. 2d Cir.), 28 Am. B. R. 756; 197 Fed. 164; 116 C. C. A. 601. In re Booth (D. C. N. Y.), 33 Am. B. R. 183; 216 Fed. 575. Letter to receiver in bankruptcy not sufficient. In re Thompson (D. C. N. J.), 34 Am. B. R. 242; 222 Fed. 167; air'd, 36 Am. B. R. 190; 227 Fed. 981. " Liquidated by litigation." In re Landis. 19 Am. B. R. 420: 1.56 Fed. 318. In re Strobel (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; rev'g 10 Am. B. R. 457; 144 Fed. 439. In re Mertens and Co. (C. C. A. 2d Cir.), 16 Am. B. R. 825; 147, Fed. 177; 77 C. C. A. 473. In re E. 0. Thompson's Sons, 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 and Co., 14 Am. B. R. 809. 240 FOEMS IN BANivKUPTCY. In re Baiid and Co., IS Am. B. R. 228; 154 Fed. 215. In re Coventry Evans Furniture Co. (D. C. N. Y.), 22 Am. B. R. 623; 171 Fed. G73. In re Otto F. Lange Co. (D. C. la.), 22 Am. B. R. 414; 170 Fed. 114. In re Salvator Brewing Co. (C. C. A. 2d Cir.), 28 Am. B. R. 56; 193 Fed. 1)89: 113 C. C. A. 626; aff'g s. c. 26 Am. B. R. 21; 188 Fed. 522. In re Standard Telephone and Electric Co. (D. C. Wis.), 26 Am. B. R. 601; 186 Fed. 586. In re Venstrom, 30 Am. B. R. 569; 205 Fed. 325. Does not apply to litigation between third parties. In re Daniel, 29 Am. B. R. 284. When not aHuwed 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. "VSTien agreement between litigants constitutes " liquidated by litigation." First National Bank of Atlanta v. Cameron, 31 Am. B. R. 209; 209 Fed. 611; 126 C. C. A. 433. ^\^len ordfr of adjudiwition is appealed from and ai)peal is subsequently dismissed. In re Lee (D. C. Pa.), 22 Am. B. R. 820; 171 Fed. 266. Deficiency on forclosure may not be proved after expiration of year. Tlie debt should have been proved as a secured debt. In re Sampler (C. C. A. 2d Cir.), 22 Am. B. R. 357; 170 Fed. 938; 96 C. C. A. 98. The words " Liquidated by litigation " extend to claim of a surety on an appeal bond. in r,' Lyons B.-et Sugar Refining Co., 27 Am. B. R. 610; 192 Fed. 445. Filing of proof of debt after compulsory surrender of preference allowed even thouyli more than a year had expired, and referee may be compelled on motion to accept same. In re John A. Baker Notion Co. (D. C. N. Y.), 24 Am. B. R. 808; 180 Fed. 922. In re Clark, 24 Am. B. R. 388; 176 Fed. 955. In re EUetson Co., 28 Am. B. R. 434; 193 Fed. 84. Page V. Rogers (U. S. Sup.), 21 Am. B. R. 496; 211 U. S. 575; 53 L. Ed. .332; rev'g 15 Am. B. R. 502; 149 Fed. 194; 79 C. C. A. 153. Union Central Life Ins. Co. v. Drake (C. C. A. 8th Cir.), 32 Am. B. R. 252; 214 Fed. 536; 131 C. C. A. 82. In re Opi)enheimer, 15 Am. B. R. 267; 140 Fed. 51. Keppel V. Tifiin Savings Bank (U. S. Sup.), 13 Am. B. R. .552; 197 U. S. 356; 49 L. Ed. 790. Sec. 57-n forbidding proof of claims subsequent to one year after adjudication cannot be taken to exclude amendments. Hutchinson v. Otis-Wilcox and Co. (V. S. Sup.), 10 Am. B. R. 135; 190 U. S. 552; 47 L. Ed. 1179; 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. United States (C. C. A. 8th Cir.), 17 Am. B. R. 649; 149 Fed. 636; 79 C. C. A. 328. Surrender of preferences. Since amendment 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. 2d Cir.), 15 Am. B. R. 748; 142 Fed. 674; 74 C. C. A. 250. In re Andrews (Hardy v. Cray) (C. C. A. Ist Cir.), 16 Am. B. R. 337; 144 Fed. 922; 75 C. C. A. 562; aff'g 14 Am. B. R. 247; 135 Fed. 599. FORMS IN BANKRUPTCY. 241 567. OS 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 Mines, 16 Am. B. R. 495; 144 Fed. 543. Cooper V. Miller (C. C. A. 6th Cir.), 30 Am. B. 11. 194; 2U3 Fed. 383; 121 C. C. A. Constam v. Haley (C. C. A. 6th Cir.), 30 Am. B. R. 650; 206 Fed. 260; 124 C C. A. 128. Election of Remedies. Estoppel by tiling claim. In re Jacob Berry and Co. (C. C. A. 2d Cir.), 23 Am. B. R. 27; 174 Fed. 409; 98 C. C. A. 360. Thomas v. Taggart, 19 Am. B. R. 710; 209 U. S. 385; 52 L. Ed. 845; aff'g 17 Am. B. R. 467; 149 Fed. 176. l)u Vivier and Co. v. Calliee (C. C. A. 2d 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. FORM No. 146. PROOF OF SECURED DEBT. In the District Court of tiie United States, for the District of In Bankruptcy. At Ix THE Matter OF Bankrupt. No. , , on the in said District of 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 l)y (or against) whom a petition for adjudication of ])ankruptcy has been filed at and iiefore the filing of said petition, and still justly and truly indebted to said deponent in the sum of dollars : tliat the said delit exists upon 242 FORMS IX BAMvKl PTCY. of which a is hereto annexed ; that the cousideratiou of said debt is as follows: that tlu- said debt due on the average due date being , 19 . . ; and that no note has heen received for the said del)t 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 that the only securities held by this deponent for said debt are the following Creditor. Subscribed and sworn to 1)efore me this day of 19... (Official chararfer.) NOTES. Claims of secured creditors. Sections 57-(a), (e), construed. In n- Cramond, 17 Am. B. R. 22; 145 Fed. 900. In re llines, 10 Am_. B. R. 495; 144 IVd. 543. (lorman v. Wright (C. C. A. 4t]i Cir.), 14 Am. B. R. 1.3.-.: 1.30 F. .1. 104: 00 C. C. A. 70. Emerine v. Tarault (C. C. A. Gtli Cir.), 34 Am. B. R. 53; 219 Fed. OS; 134 C. C. A. 000. Provability of secured claim accruing; after filing of petition. British and Ajnerican Mortgage Co. v. Stuart (C. C. A. 5th Cir.) , 31 Am. B. R. 405; 210 Fed. 425; 127 C. C. A. 157; rehearing denied, 31 Am. B. R. .544; 210 Fed. 4.30. lIoUK-r of a mortgage upon a homestead a '" secured creditor." Fenley v. Poor (C. C. A. 0th Cir.), 10 Am. B. R. 377; 121 Fed. 739: 5S C. C. A. 21. Creditor holding a note containing waiver of exemptions a secured creditor. In re Meredith (D. C. Ga.), 10 Am. B. R. 331 ; 144 Fed. 230. Cannot prove botli debt and collateral therefor. First National Bank of Beaumont v. Eason (C. C. A. 5th Cir.), 17 Am. B. R. 593; 149 Fed. 2r»4: 79 C. C. A. 102. \n re Waterhx. Organ Co., 20 Am. B. R. 110; 1.54 Fed. 057: S3 C. C. A. 481. When rejected as a secured debt may be allowed to amend ])roof so as to come in as an unsecured creditor. Seligman v, Cray (C. C. A. 1st Cir.). .35 Am. B. R. 510: 227 Fed. 417. FORMS IN BANKRUPTCY. 243 Marshalling securities after liquidation. Sexton v. Dreyfus et al. (U. S. Sup.), 25 Am. B. R. 363; 219 U. S. 339; 55 L. Ed. 244; rev'g In re Kessler and Co. (C. C. A. 2d Cir.), 24 Am. B. R. 287; 180 Fed. 979; 103 C. C. A. 582; and s. c. 22 Am. B. R. 606; 171 Fed. 751. Secured claim allowed onh- 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. 3d Cir.), 23 Am. B. R. 446; 174 Fed. 556; 98 C. C A. 338; aff'g 8. c. 23 Am. B. R. 156. Referee has power to determine validity of secured claim before sale of encumbered j)roperty. In re Quinn (C. C. A. 8th Cir.), 21 Am. B. R. 264; 165 Fed. 144; 91 C. C. A. 178. Application of security. Iliscock V. Varick Bank, IS Am. B. R. 1; 206 U. S. 28; 51 L. Ed. 945; aff'g In re Mertens, 15 Am. B. R. 362; 144 Fed. 818; 75 C. C. A. 548. Creditor has a right in absence of instructions to the contrary to credit payments on an unsecured rathiT than on a secured debt. In re Johnson, 11 Am. B. R. 138; 125 Fed. 838. Secured by accommodation indorser. In re Xoyes 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; 173 Fed. 733. Allowance of claim over $500 as secured cannot be reviewed by Circuit Court of Appeals by petition to review, but only by appeal from the order. Grainger and Co. v. Riley (C. C. A. 6th Cir.), 29 Am. B. R. 114; 201 Fed. 901; 120 C. C. A. 415. Waiver of lien. Dunn Salmon Co. v. Pillmore, 19 Am. B. R. 172: 56 Misc. (N. Y.) 546. In re Fisk and Robinson (D. C. X. Y.), 34 Am. B. R. 194. Vote of secured creditor. In re Columbia Iron ^Vork8. 14 Am. B. R. 526; 142 Fed. 234. Brown v. City National Bank (X. Y. Sup. Ct.), 26 Am. B. R. 638; 72 Misc. (N. Y.) 201; 131 X. Y. Supp. 92. ^^^len mortgage creditor has proved his claim solely for tiie 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 share of tlie costs of the general administra- tion 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. Right of trustee to set aside transfer made as security. In re Sam Z. Lorch and Co.. 28 Am, B. R. 784; 199 Fed. 944. Allowance as secured claim under Minnesota statute for su|)plies furnished motor v<'hicle. In re :McAllister-X Subscribed and sworn to before me this day of , A. D. 19... > {Official character.) * See General Orders XXI, 1. FORM No. 150. [Official] PROOF OF SECURED DEBT BY AGENT OR ATTORNEY. United States District Court, for the District of : In Bankruptcy. In the Matteu OP Banl-rupt. Xo. 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 , 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 followinsr : FORMS IN BANKRUPTCY. 249 and this deponent furtlier says that this deposition cannot lie made by the claimant in person because and that he is duly autiiorized by his principal to make this deposition, a;:d 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 deljt, nor any judg- ment rendered thereon } Subscribed and sworn to before me, this day of , A. D. 19... (Official character.) FORM No. 151. PROOF OF DEBT FOR TAXES BY MIINICIPAL,ITY AITD NOTICE TO REFEREE. In the District Court of the ITnited States, for District of : IX THE ]\rATTER OF Bankrupt. In Bankruptcy No. At the City of in said District of , on the day of , A. D. 19 . . . , came , of the City of , in the County of and State of , and made oath and says that ho is the Receiver of Taxes of the City of a domestic municipal corporation incorporated l)y and under the laws of the State of ; that he is duly authorized to make this proof and says further that tlio said the person l)y (or against) whom a petition for adjudi- cation in l)ankruptcy has been filed, was at and before the fding of said petition, and still is justly aiul truly indebted to said City of , in the sum of $ : that the consideration of said debt is as follows: The amount of arrears for personal taxes for the year 19. . . ., imposed on said bankrupt together with interest thereon at the rate of per cent. 250 FORMS IN BANKRUPTCY. per annum from the day of , 19 .... ; that no part of said debt has been paid (except ); that there are no set-offs or counter-claims to the same, (except ); that the said City of has not nor has any person by its order or to the knowledge or belief of deponent, for its use, had or received any manner of security for said debt whatever; that no note has been received for said claim nor any part thereof nor any judgment rendered thereon, except as aforesaid. Eeceiver of Taxes of ihe Citi/ of "• Subscribed and sworn to before me this day of , A. D. 10... Notary Public To Honorable , Referee in Bankruptcy. Street. County. T hereby give you notice that the foregoing claim against , is a claim entitled to priority and you will please take notice that I appear as attorney for the claimant herein, and that you are required to serve all papers in this matter in any way affecting the above claim upon the under- signed at the Bureau for Collection of Arrears of Personal Taxes at Street, City of Yours, etc.. Corporation Counsel. FORMS IN BANKRUPTCY J51 FORM No. 152. PROOF OF PRIORITY CLAIM FOR WAGY13. In the District Court oi' the United States, for the District of In Bankrui)tev. Ix THE Matter OF Bankrupt. V Xo. At ill said district of , on the day of A. D. 10 . . . , came of , in the County of , in said district of , and made oatli, and savs that the person hy (or airainst) whom a petition for adjudication of l)ankruptcy lias heen filed, was at and hefore 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 l)ankrupt earned from the day of , 19 ... , to the day of , 19. . ., and witliin 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 de])t has been paid (except ); that there are no set-offs or counter-claims to the same (except ) and that deponent lias not, nor has any ])erson 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. Credxior. *See General Crder, XXI, 1. 252 FOliMS IN BANKKUPTCY. Subscribed and sworn to before me this day of , A. D. 19, {Official character.) FORM No. 153. PROOF OF DEBT BY TRUSTEE IN BANKRUPTCY. United States District Court, for the District of In Bankruptcy. In the Matter OF Y Xo, Banl-rupt. At the County of , in said District of on the day of , 19 . . . , comes , of the County of , in the city of , in said District of and says that, ( Company was a corporation incorporated by and under the laws of the State of and carrying on business in the city of , County of , S'^ate of ) ; that on or about the day of , 19 . . . a petition of involuntar}^ bankruptcy was filed against said in the office of the Clerk of the United States District Court for the District of ; that thereafter sucli proceedings were had on the said petition that the said was duly adjudged a bankrupt on the day of 19 . . ; that at a meeting of creditors of the said l)ankrupt. held at the otTice of , Eeferee in Bankruptcy, on the day of , 19 ... , deponent was duly appointed Trustee of the estate of the above named bankrupt and required to file a bond in the penalty of ; thereafter deponent duly qualified by filing a bond in the penalty required ; that said bond was approved by the said referee and deponent has continued to act and is now acting as such trustee in bankruptcy ; that against whom (or which) a petition for adjudication in bankruptcy has been FORMS IN BANKRUPTCY. 253 liled, was at or before the filing of the said i)etitiou, and still is, justly and truly indebted to said deponent in the sum of -15 ; that the consideration of said debt is as follows : > 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; that deponent has not, nor has any person by his order or to his knowledge or belief, for his use, had or received any numner 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 ly... (Official cliaracter. FORM No. 154. [Ofjicial.] AFFIDAVIT OF LOST BILL, OR NOTE. In the District Court of the United States for the of : In Bankruptcy. District In the Matter OF BanliTupt. ' 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 l)een lost under the following circumstances, to wit, and that he, this deponent, has not l)een 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, negotiated the said 1)111 \or note], nor in any manner parted with or assigned 254 FORMS IX BANKRUPTCY, the legal or benelicial 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. 1!). . {Official character.) FORM No. 155. [Official.] GENERAL. LETTER OF ATTORNEY IN FACT. In the District Court of the United States, for the District of : In Bankruptcy. Ix THK Matter OF y No. Banlriipf. 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 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 meet- ings, or at which such meeting or meetings, or any adjournment or adjourn- FORMS IN BANKRUPTCY. 255 ments thereof may he hekl, and then and there I'rom time to time, and so often as there may he occasion, for and in name to vote for or against any proposal or resolution that may he then suhmitted under the Acts of Congress relating to ])ankru])tcy ; and in the choice of trustee or trustees of the estate of said haid>;ru])t , and for to assent to sucli ai»pointment 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 I)e held therein for any of the purposes aforesaid ; also to accept any composition proposed l)y said l)ankrupt in satisfac- tion of del)ts, and to receive payment of dividends, and of money due under any composition, and for any other purpose in interest whatever, with full ])ower of suhstitu- tion. In witness whereof liave hereunto signed name and affixed seal the day of A. D. 19 . . . or, [In witness whereof, the said corporation has caused these presents to he signed and its corporate seal to he affixed the day of , A. D. 19. ...] Signed, sealed and delivered in presence of * Acknowledged hefore me this dav of A. D. 19 , ( Officia I ch nracier. ) See General Orders, XXI. 5. FORM No. 156. acknowledgment to letter of attorney by member of partnership. State of , Countv of On the day of 19 . . . hefore me personally came to me known and known to ine to he one of the persons descrihed in and who executed the foregoing instrument and who duly acknowl- edged that he executed the same, and who 1)eing hy me duly sworn, did depose and say that he is a memher of said partnership and is duly authorized to execute same on hehalf of his said firm. (Offirial rharnrfrr.) 256 . FORMS IX BANKRUPTCY. FORM No. 157. acknow^ledgment to letter of attorney by corporation. State of County of On the day of . . . . ^ , in the 3'ear 19 . . , l)efore me personally came to me known, who hemg hj me duly sworn, did depose aiul 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 l)oard of directors of said corporation, and that he siarned his name thereto by like order. (Official character.) FORM No. 158. [Official.] SPECIAL LETTER OF ATTORNEY IN FACT. In the District Court of the United States, for the District of . In Bankruptcy. In TiiK ^Iatter OF No, Barilriipl. To of in the County of and State of do hereby autliorize you, or any one of you, to attend the meetinsT of creditors in this matter, advertised or directed to 1)e holden at FORMS IN BANKRUPTCY. 257 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 l)e lawfully made or passed at such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of said l^ankrupt. In witness whereof have hereunto signed name and affixed seal the day of A. D. 19.. [or, in case of cor{)oration modify as in Form No. 155.] Signed, sealed and delivered in presence of *Acknowledged before me this dav of A. D. 19 . . {Official eharacier.) * See General Orders, XXI, 5. NOTES. Letter of Attorney. Requirement of d'encral Order XXT (5) as to oath in partnership cases. In re Blue Rid^re Packing Co. (D. C. Pa.), 11 Am. B. R. 36; 12.5 Fed. 619. In re Finlay Bros. (1). C. X. Y.), 3 Am. B. R. 73S; 104 Fed. 675. yiay be proved or acknowledged before a .Justice of the Peace under Sec. 20 of Bankruptcy Act and not limited by General Order XXI (5) to a referee, United States commissioner or notary public. In re Roy (D. C. N. Y.), 26 Am. B. R. 4; 185 Fed. 551. In re Sugenheimer, 1 Am. B. R. 425; 91 Fed. 744. Attorney-at-la\v may not vote on claim unless autliorized by duly executel 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. 101. In ro Capitol Trading Co. Inc., 30 Am. B. R. 339. Corporation organized as a board of trade not permitted to represent creditor under tlie prohibition of New York statute forbidding corporations to practice law and under General Order IV. L. Meisel and Co. v. National .Jewelers' Board of Trade (N. Y. App. Tr.), 90 Misc. (N. Y.) 19. When attorney disqualified from voting under power of attorney. In re Columbia Iron Works, 14 Am. B. R. 526; 142 Fed. 234. Acknowledgment before commissioner of deeds of letters running to himself not permitted. In re Grossman (D. C. N. Y.), 34 Am. B. R. 32; 225 Fed. 1020. War Revenue Ta.x (1914) stamp necessary on powers of attorney to vote. In re Hawley (D. C. N. Y.), 220 Fed. 372. In re Capitol Trading Co. Inc., 36 Am. B. R. 339. 258 FORMS IX BAXKKUPTCY. FORM No. 159. OBJECTIONS TO PROOF OF DEBT. United States District Court, for the District of In Bankruptcy. In the ]\Iattek OF Banlrupt. y Xo, To , Esq., Eeferee in Bankruptcy. I, Trustee in this proceeding, [or a creditor herein] do hereby ohject to the proof of debt filed on , 19. . ., by ■. . . an alleged creditor for $ That said objec- tion is made on the following grounds : [Here set forth objections.] I respectfully request that said proof of debt be rejected and disallowed ar.d no dividend declared upon same. Dated ,19... Trustee. [Verification, if required or desired.] 497. 1G3. NOTES. 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. Orr V. Park (C. C. A. 5th Cir.), 25 Am. B. R. 544; 183 Fid. 683; 106 C. C. A. 33. Spencor v. Lowe (C. C. A. 8th Cir.), 29 Am. B. R. 876; 198 Fed. 961; 117 V. C. A. Written objections not necessary. Embry v. Bennett (C. C. A. 6tli Cir.), 20 Am. B. R. 651; 162 Fed. 139: 89 C. C. A. 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. 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. Any creditor may plead Statute of Limitations ajrainst allowance of claim. In re Lafferty and Bro.. 10 Am. B. R. 290: 122 Fed. 558. Duty of trustee to so plead. FORMS IX BANKRUPTCY. 259 In re Wooten, 9 Am. B. R. 247; 118 Fed. 670. Objection may be made at any time before estate is closed. In re Canton Iron and Steel Co., 28 Am. B. R. 791 ; 197 Fed. 767. But see, In re Globe Laundry, 28 Am. B. R. 831; 198 Fed. 365. Burden of proof. — Upon objector. In re Doty (D. C. X. Y.), 5 Am. B. R. 58. In re Castle Braid Co. (D. C. X. 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 Pfaffingor, 18 Am. B. R. 807; 154 Fed. 528. Sworn proof is prima facie evidence of its allegations, even when it is denied. Wiiitney v. Dresser (U. S. Sup.), 15 Am. B. R. 326; 200 U. S. 532; 50 L. Ed. 584; aff's 13 Am. B. R. 747; 135 Fed. 495; 68 C. C. A. 207. In re T. A. Mclntyre and Co. (C. C. A. 2d Cir.), 24 Am. B. R. 1; 174 Fed. 627; 98 C. C. A. 381. In re Montgomery, 25 Am. B. R. 431 ; 185 Fed. 955. See, however, In re Hudson Porcelain Co. (D. C. X. J.), 35 Am. B. R. 18; 225 Fed. 325. But not to be regarded as self-proving unless relied ujjon. In re T. A. Mclntyre and Co. (supra). When objections to allowance of claim res adjialicata. Ayrcs v. Cone ct al. ( infra ) . An unsecured creditor may object to proof of anotlier creditor. In re Hatem, 20 Am. B. R. 470; 161 Fed. 895. Ayres v. Cone (C. C. A. 8th Cir.), 14 Am. B. R. 730: 138 Fed. 778; 71 C. C. A. 144. See, In re Lewensohn (C. C. A. 2d Cir.), 9 Am. B. R. 36S; 121 Fed. 538; 57 C. C. A. 600. In re Arnold and Co., 13 Am. B. R. 320; 133 Fed. 789. In re Canton Iron and Steel Co. (supra). Mere filing of objections should not exclude hona file claimants from voting. In re Kelly Dry Coods Co , 4 Am. B. R. 528; 102 Fed. 747. Should be heard promptly. Whitney v. Dresser (U. S. Sup.) (supra). AVhere referee has disallowed proof of debt, judgment of District Court on review. Moore v. Crandall (C. C. A. 9th Cir.), 30 Am. B. 11. 517: 205 Fed. 689; 124 C. C. A. 11. In re John 11. Livingston Co. (C. C. A. 2d Cir.), 16 Am. B. R. 385; 144 Fed. 971; 75 C. C. A. 282. 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. 005: afTg 20 Am. B. R. 919. In re Rder (D. C. X. Y.). 3 Am. B. R. 192: 96 Fed. Sll. In re Wooten. 9 Am. B. R. 247; 118 Fed. 670. In re Brewster (D. C. X. Y.), 7 Am. B. R. 4r0. Baumhauer v. Austin (C. C. A. 5th Cir.), 26 Am. B. R. 385: 186 Fed. 260: 108 C. C. A. 306: rev'g In re Baumhauer, 24 Am. B. R. 750; 179 Fed. 966. When claim of wife disallowed. In re Gervin, 20 Am. B. R. 490; 160 Fed. 197. In re Kaufman (X. Y.), 5 Am. B. R. 104; 104 Fed. 768. In re Tucker (D. C. Mass.). 17 Am. B. R. 247; 148 Fed. 928. In re M'inkels (D. C. Wis.). 12 Am. B. R. 696; 132 Fed. 590. 260 FOEMS IX BANKRUPTCY. See In re Foss, 17 Am. C. R. 439; 147 Fed. 790. Claim of wife's estate recognized and allowed in Vermont under certain conditions. In re Hill (D. C. Vt.), 27 Am. B. R. 146; 190 Fed. 390. But allowed m Pennsylvania. in re Domenig (D. C), 11 Am. B. R. 552; 128 Fed. 146. Loan from separate estate. James v. Gray (Mass.) (C. C. A. 1st Cir.), 12 Am. B. R. 573; 131 Fed. 401; 65 C. C. A. 385. Liability for unpaid subscription to stock cannot be set off against debt due from corporation as not being mutual debts. In re Howe Mfg. Co. (D. C. Ky.), 27 Am. B. R. 477; 193 Fed. 524. FORM No. 160. PETITION THAT PROOF OF DEBT BE RE-EXAMINED. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Banl'rupt. No, To Esq., Iieferee in Bankruptcy: Your petitioner respectfully shows : That he is the trustee herein, duly qualified and acting. That a proof of delit of of claiming to he a creditor of the said for $ was filed herein on the day of , 19. ., and on the day of , in. . ., duly allowed. That the same should not have Ijeen allowed for the followinir 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 l)e re-examined, rejected and expunged (or reduced.) J Peiitioner. [Verification.] FORMS IN BANKRUPTCY. 261 NOTES. General Order XXI, 6. Sufficiency of petition to re-examine. Xi'C'd not iille;L:e facts sufiioient to defeat claim. Only necessary to allege facts which, if true, are sullicient cause of reconsideration. In re George Watkinson and Co., 12 Am. B. R. 370; 130 Fed. 218. In re Ankeny, 4 Am. B. R. 72; 100 Fed. 614; 2 N. B. X. Rep. 249. Trustee only one authorized to institute proceedings. In re Sully & Co. (D. C. N. Y.), 15 Am. B. R. 304; 142 Fed. mr,; modified, IH Am. B. R. 124; 152 Fed. 619. In re Lewensohn (C. C. A. 2d Cir.), 9 Am. B. R. 308; 121 Fed. 538; 57 C. C. A. GOO. 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. 313; 101 Fed. 797; 42 C. C. A. 30. Foreman v. Burleigh et al. (C. C. A. 1st Cir.), 6 Am. B. R. 230; 109 Fed. 313; 48 C. C. A. 376. X'otice should be sent by referee to claimant. In re Stoever, 5 Am. B. R. 250; 105 Fed. 355. 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. O.IG; 7(3 C. C. A. 10. In re Lewensohn {supra). In re Levy, 7 Am. B. R. 56. In re Mexico Hardware Co., 28 Am. B. R. 736; 197 Fed. 650. Creditor moving for re-examination of claim not bound to indemnify claimant under General Order X. In re Elk Valley Coal Mining Co., 31 Am. B. R. 545; 210 Fed. 386. Compare In re Geo. Watkinson & Co. (D. C. Pa.), 12 Am. B. R. 370; 130 Ffd. 218. Where there is no trustee, bankrupt may move to reconsider. In re Ankeny, 4 Am. B. R. 72; 100 Fed. 614; 2 N. B. X. Rep. 249. Stockholders whose claims have been expunged may not. In re Pittsburg Lead and Zinc Co. (Cons.), 28 Am. B. R. 880; 198 Fed. 316; revVl, Rosenbaum v. Button (C. C. A. 8th Cir.), 30 Am. B. R. 155; 203 Fed. 838; 122 C. C. A. 156. Right of creditor to expunge not hijlier than that of the bankrupt. In re E. J. Arnold & Co., 13 Am. B. R. 320; 133 Fed. 7^9. Trustee may institute a joint proceeding against several creditors. In re Lyon, 7 Am. B. R. 61. But better practice is to make separate proceeding of each claim under objection. Burden of proof. On petitioner. In re Doty, 5 Am. B. R. 58. Xo rule making sworn objections to a claim prima facie evidence of tlieir Irutii (diet.). In re Goble Boat Co. (D. C. X. Y.). 27 Am. B. R. 48; 190 Fed. 92. Effect of failure of claimant to file answer. In re Lewis, Eck & Co. (D. C. Pa.), 18 Am. B. R. 657; 153 Fed. 495. In re Goble Boat Co. {supra). Compare In re Docker-Foster Co. (D. C. Pa.). 10 Am. B. R. 584; 123 Fed. 190. When denied for laches or want of good faith. In re Sully & Co. {supra). In re Hamilton Furniture Co., 8 Am. B. R. 588; 116 Fed. 11. t. In re Hinckel Brewing Co. (D. C. N. Y.), 10 Am. B. R. 484; 123 Fed. 942. In re Globe Laundry (D. C. Tenn.), 28 Am. B. R. 831; 198 Fed. 365. No collnteral attack on claim upon creditors' petition to remove trustee. 262 FORMS IX BAXKEUPTCY. In re Roanoke Furnace Co. (D. C. Pa.), 18 Am. B. R. 661; 1.52 Fed. 846. 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. 2d 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. So also as to Statute of Limitations. In re Wooten, 9 Am. B. R. 247; 118 Fed. 670. In re Kuffler ^D. C. X. V.), IS Am. B. R. 5S7; 153 Fed. 667. In re George Zorn & Co. (D. C. Pa.), 27 Am. B. R. 433; 193 Fed. 299. Bankrupt may not waive after filing of the petition to the prejudice of trustee. In re George Zorn & Co. (supra j. ^Miere an order of referee sustains objection to claim upon prima facie case of claimant and tlie District Court reverses order and "allows claim as filed," the latter order is erroneous in that tlie matter should be sent back to referee to allow trustee to offer testimony 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. 232. Reconsideration of claim after surrender of preference. In re Hamilton Automobile Co. (C. C. A. 7th Cir.), 31 Am. B. R. 295; 209 Fed. 596; 126 C. C. A. 418. No attorney's docket fee for hearing before referee on determination of claim. Peck V. Richter (C. C. A. 8th dr.), 33 Am. B. R. 11; 217 Fed. 880; 133 C. C. A. 590. FORM No. 161. ORDER FOR RE-EXAMINATION OF CLAIM. United States District Court, District of In the ^Matter OF Banl-rupt. T^pon reafliii^ and filing; the petition of , the trustee herein, duly verified, praying for a re-examination of the claim of , it is Ordered that such re-examination he had and it is further ordered that tlie hearing on such re-examination he fixed for the day of , 10 . . . , at .... o'clock in the . . . .noon, at my office, No Street, Dated , 10... Referee in Bankruptcy. FORMS IN BANKRUPTCY. 263 FORM No. 162. NOTICE TO CLAIMANT THEREON. United States District Court, for the District of In Bankruptcy. In THi: ]\Iatteu OF Bankrupf. I 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 a])Ove named bankrupt, he re-examined, rejected and expunged (or reduced) for the following reasons : and that pursuant to order for such re-examination a hearing will be had on such ])etition at my office. No Street in the city of in said District on the day of , 19 . . ., at o'clock . . M. Dated , 10... Referee in Bankrupfaj. 264 FOKMS IN BANKRUPTCY. FORM No. 163. NOTICE BY ORDER TO SHOAV CAUSE. (SUBSTITUTE FOR FOAM NO. 162.) United States District Court, for the District of : In Bankruptcy. In the Matteu OF BanWupt. No. On reading and filing 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 . .]\r. why the proof of claim heretofore filed ]\v said alleged creditor in my office, be not re-examined, 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 (by mailing copies of the same to the said alleged creditor at his address), on or before the clay of , 19. . ., shall be sufficient. Dated , 19. .. Referee in Banl-rupicy. FORMS IN BANKRUPTCY. 265 FORM No. 164. ORDER EXPUNGING OR REDUCING PROOF OF DEBT. United States District Court, for the District of : In Bankruptcy. In the Matter OF Banl-rupt. 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 re-examined, 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 lieen given to said claimant, and to the said trustee, and the said claimant having appeared by couiisel on said day, and the evidence submitted (or testimony having been taken thereon), now on reading and filing the trustee's said petition and upon all the proceedings had herein and after hearing , Esq., attorney for the said trustee, in support of said petition and , Esq., in opposition 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 hereby is rejected, disallovred and expunged from the list oi 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 BanJiruptcij. 266 FOKMS lx\ BANKKUPTCY. FORM No. 165. ORDER AiLOAVING PROOF OF DEBT. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF Xo. Bankrupt. having filed in the oflfice of the Eeferee a proof of debt against the estate of the above named bankrupt in the sum of $ , and the said proof of debt having been objected to by (the Trustee or certain creditors) and the o1)jections having come on for a hearing before me, and testimony having been ofEered 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 hear- ing , Esq., attorney for the said claimant, in support of the said claim, and , Esq., attorney for (Trustee or objecting creditors), in opposition thereto, it is Ordered, that the said claim l)e and the same is hereby allowed in the sum of $ and the objections thereto dismissed. Dated , 19... Referee in Bnnl-rripfoj. NOTES. An order allowin;^ a claim is an adjudication as to issues involved and not subject to collateral attack. Carr v. Barnes. 138 Mo. App. 264; 120 S. W. 705. Provable claims. Provability depends upon status at time petition is filed. In re Pettingill, U Am. B. R. 728; 137 Fed. 143. In re Reading Hosiery Co. (D. C. Pa.), 22 Am. B. R. 562; 171 Fed. 195. In re Burka, 5 Am. B. R. 12; 107 Fed. 674. In re Adams. 12 Am. B. R. 368; 130 Fed. 381. In re Bevins et al. (C. C. A. 2nd Cir.), 21 Am. B. R. 344; 165 Fed. 676: 91 C. C. A 302. In re Simon (D. C. N. Y.). 28 Am. B. R. 611; 197 Fed. 105. Judgment in conversion a provable claim. FORMS IN BANKRUPTCY. 267 In re Hale, 20 Am. B. R. 633; IGl Fed. 387. Crawford v. Burke, 12 Am. B. R. 659; 195 U. S. 176; 49 L. Ed. 147; rev'g 11 Am. B. R. 15; 201 111. 581; In re Xeff (C. C. A. 6th C'ir.), 1!) Am. B. R. 2;J; 157 Fed. 57; 84 C. C. A. 561. Claim for costs. In re Ilarnden (D. C. N. M.), 29 Am. B. R. 504; 200 Fed. 172. Indorsed jjromissory note. In re ISimon (supra). In re Smith (D. C. R. I.), 17 Am. B. R. 112; 146 Fed. 923. Swarts V. Fourth Xat. Bank of St. Louis, 8 Am. B. K. 673; 117 Fed. 1; 54 C. C. A. 387. Failure to notify indorser. In re T. A. Mclntyre & Co. (D. C. N. Y.), 28 Am. B. R. 459. Judgment for breach of promise to marry provable. In re Fife, 6 Am. B. R. 258; 109 Fed. 880. In re MrCauIey. 4 Am. B. R. 122; 101 Fed. 223. Creditor who holds voidable i)reference. Stevens v. Nave McCord Mercantile Co. (C. C. A. 8th Cir.), 17 Am. B. R. 609; 150 Fed. 71; 80 C. C. A. 25. Pledfiee of a note allowed to prove for full amount of note, if nece.ssary to cover claim though amount of claim due is less. In re Anger Baking Co. (C. C. A. 2nd Cir.), 36 Am. B. R. 261. 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. Owner of bond secured by mortgage liquidated after petition tiled has a provable claim. In re Fitzgerald, 26 Am. B. R. 773; 191 Fed. 95. Right of bondholder over mortgage trustee to prove. Mackay v. Randolph Macon Coal Co. (C. C. A. 8th Cir.), 24 Am. B. R. 719; 178 Fed. 881; 102 C. C. A. 11.5. Note given upon previous composition provable. In re C. II. Bennett Shoe Co., 20 Am. B. R. 704; 162 Fed. 691. 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. Kd. 1165. 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. " Fi.xed liability." I'heni.x Xat. Bank v. Waterbury and ano. (N. Y. Ct. of App.), 23 Am. B. R. 250; 197 N. V. Kil ; aff'g 20 Am. B. R. 140. \'erdict in action for damages for personal injuries where no judgment has been entered not provable as not being a '' fi.xed liability " within Sec. 63-a ( 1 ) . In re Ostrom (D. C. ]\Iinii.), 26 Am. B. R. 273; 185 Fed. 988. Subscription under crr.tract a provable debt for full subscription price. In re Butlalo Mirror & Beveling Co., 15 Am. B. R. 122. Subscription to mercantile agency. In re Glick et al. (D. C. N. Y.), 25 Am. B. R. 871; 184 Fed. 967. 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. 268 FOEMS IN BANKRUPTCY. Contracts for Cash Conveying iJystems; "Fixed liability." In re Caswell-Massey Co. (U. C. N. Y.), 31 Am. B. R. 426; 208 Fed. 571. In re Kugler Syndicate, No. 3422 (S. D. N. Y.). Not reported. In re Miller Bros. Grocery Co., 31 Am. B, R. 430; 208 Fed. 573; rev'd, s. c. (C. C. A. 6th Cir.), 33 Am. B. R. ;04; 219 Fed. 851; 135 C. C. A. 521. See, Lamson Consol. Store Service Co. v. Rowland, 114 Fed. 639; 52 C. C. A. 335. Wilson V. Penn. Trust Co., S Am. B. R. 169; 114 Fed. 742; 52 C. C. A. 374. In re Merwin and Willoughby Co. (D. C. N. Y.), 30 Am. B. R. 485; 206 Fed. 116. Contingent claims. In re James Dunlap Carpet Co., 20 Am. B. R. 882; 163 Fed. 541. In re Smith, 17 Am. B. R. 112; 146 Fed. 923. Cotting V. Hooper Lewis & Co. (Mass. Sup. Ct.), 34 Am. B. R. 23. Bankrupt's liability as endorser of commercial paper. Whitwell V. Wright, 23 Am. B. R. 747; 136 App. Div. (N. Y.) 246; 120 N. Y. Supp. 1065. Non-provable claims. Claim Avliieh has been expressly waived or forfeited to the bankrupt. In re Howard, 4 Am. B. R. 69. A claim for damages for tort not connected with any contractual liability and not reduced to judgment before institution of the bankruptcy proceedings not provable. In re Hirschmann, 4 Am. B. R. 715; 104 Fed. 69. In re Cushing, 6 Am. B. R. 22. Brown and Adams v. United Button Co. (C. C. A. 3d dr.), 17 Am. B. R. 565; 149 Fed. 48; 79 C. C. A. 70; aff'g 15 Am. B. R. 390; 140 Fed. 495. Claim for damages for death of intestate by wrongful act. In re New York Tunnel Co. (C. C. A. 2d Cir.), 20 Am. B. R. 25; 159 Fed. 688; 86 C. C. A. 556. Assault and battery. Beers v. Hanlin, 3 Am. B. R. 745; 99 Fed. 695. Judgment for damages for personal injuries for wrongful act when recovered after filing of the petition. In re Crescent Lumber Co., 19 Am. B. R. 112; 154 Fed. 724. In re Wigmore, 10 Am. B. R. 661. See, In re Putnam (D. C. Cal.), 27 Am. B. R. 923; 193 Fed. 464. Amount of fine imposed for crime in State court. In re Moore, 6 Am. B. R. 590; 111 Fed. 145. People V. Sheriff of Kings County (dictum), 31 Am. B. R. 84; 206 Fed. 566. Judgment by State for violation of Agricultural Law. In re Abrahamson and Fiehhandler (C. C. A. 2d Cir.), 32 Am. B. R. 156; 210 Fed. 878; 127 C. C. A. 462. Claim for penalty. Actual damage sustained only. In re Bevicr Wood Pavement Co. (D. C. N. Y.), 19 Am. B. K. 462; 156 Fed. 583. In re Southern Steel Co., 25 Am. B. R. 358; 183 Fed. 4<>S. In re Wenatchee Heights Orchard Co. (1). C. Wash.), 31 Am. B. R. 550. Liquidated damages. Actual damage must be shown. Nortliwest Fixture Co. v. Kilbourne and Clark (C. C. A. 9th Cir.), 11 Am. B. R. 725; 128 Fed. 2.56; 62 C. C. A. 638 Liquidated damages in lease for residue of rent after bankruptcy of tenant. Merwin v. Willoughby Co., 30 Am. B. R. 485; 206 Fed. 116. Slocum V. Soliday, 25 Am. B. R. 460; 183 Fed. 410; 106 C. C. A. 56. Wagering contracts. Contract for future delivery. FORMS IN BANKRUPTCY. 269 In TV Aetna Cotton Mills Co., 22 Am. B. H. 62'.) ; 171 Fed. 994. in re Dorr (C. C. A. 9tli Cir.), 2G Am. B. R. 408; 186 Fed. 27G; 108 C. C. A. 322. Waiver of tort and proof as quasi-contract. In re Filer (D. C. N. Y.), 5 Am. B. II. 835; aff'g 5 Am. B. R. 582. Burgoyne v. McKillip, 25 Am. B. R. 387; 182 Fed. 452; 104 C. C. A. 590. Atherton v. Green, 24 Am. B. R. 650; 179 Fed. 806; 103 C. C. A. 298. Implied contract. Clarke v. Rogers (C. C. A. 1st Cir.), 26 Am. B. R. 413; 183 Fed. 518; 106 C. C. A. 64; aff'd, 228 U. S. 534; 57 U Ed. 9.53. Reynolds v. New York Trust Co. (C. C. A. 1st Cir.), 26 Am. B. R. 698; 188 Fed. 611; 110 C. C. A. 409. Loans made in violation of a State statute not 2>i"ovable on theory of an implied contract for money had and received. In re Montello Brick Works (D. C. Ra.), 20 Am. B. R. 855; 174 Fed. 498. Contract for sale of liquor, construing State statute as to illegality. In re Fenn (C. C. A. 2d Cir.), 24 Am. B. R. 130; 177 Fed. 334; 100 C. C. A. 644; rev'g s. c. 22 Am. B. R. 833; 172 Fed. 620. A partner's contribution of capital not a provable debt against partnership estate. In re W. J. Floyd and Co., 19 Am. B. R. 438; 156 Fed. 206. "\Miere an accounting is necessary between partners to allow solvent partner opportunity to file claim, it should be had in Bankruptcy Court under Sec. 63-a. In re Ilirth (D. C. Minn.), 26 Am. B. R. 666; 189 Fed. 926. Advances by partner to firm provable. In re Rice, 21 Am. B. R. 205, 211; 164 Fed. 514. Only provable after all of firm's creditors are paid. In re Eflinger, 25 Am. B. R. 930; 184 Fed. 728. In re Strawbridge, 25 Am. B. R. 355. Alimony in arrears or to accrue not a i)rovable debt. Audubon et al. v. Shufeldt (U. S. Sup.), 5 Am. B. R. 829; 181 U. S. 575: 45 li. Ed. 1009. In re Smith, 3 Am. B. R. 67. See, In re Challoner (D. C. 111.), 3 Am. B. K. 442; 98 Fed. 82. Gambling debts. Xoto given for gambling debt endorsed to claimant. Burdi-n of proof that claimant was holder in due course. In re William Hill and Sons, 26 Am. B. R. n.1. Corporate bonds issued to a promoter in violation of a statute. In re Vryomin^ Valley Ice Co., 21 Am. B. R. 1 ; 153 Fed. 787. Where a corporation has purchased its own stock in violation of statute, claim for balance of purchase price disallowed. In re Sapulpa Produce Co. (D. C. Okla.), 26 Am. B. R. 900. In re Tichenor-Crand Co. (D. C. X. Y.), 29 Am. B. R. 409; 203 Fed. 720. Outlawed debt. In re Putnam (D. C. Cal.), 27 Am. B. R. 923; 193 Fed. 464. In re Blankenship (D. C. Cal.), 33 Am. B. R. 756; 220 Fed. 395. Scheduling of debt barred by the statute is sufficient so far as the hankrupt is concerned to take the debt out of the operation of the statute. In re Currier, 27 Am. B. R. 597; 192 Fed. 695. Damages for breach of contract of employment. I-n re Silverman Bros., 4 Am. B. R. 83; 101 Fed. 219. In re .lames Dunlap Carpet Co. (D. C. Pa.), 20 Am. B. R. 882; 163 Fed. .541. 270 FOEMS IX BANKRUPTCY. In re Xeff (C. C. A. Cth Cir.), 19 Am. B. 11. 23; 157 Fed. 57; 84 C. C. A. 561; aff'g 19 Am. B. R. 911. Contra In re Inman and Co. iD C. Oa.), 22 Am. B. 11. 524; 171 Fed. 185. In re Sweetser, Pembroke and Co. (C. C. A. 2d Cir.), 15 Am. B. R. 650; 142 Fed. 131; 73 C. C. A. 349. In re American Vacuum Cleaner Co. (U. C. X. J.), 26 Am. B. R. 621 : 192 Fed. 939. In re D. Levy and Sons Co. (D. C. Md.), 31 Am. B. R. 25; 208 Fed. 479. In re Dr. Voorhees Awning Hood Co., 187 Fed. 611. Breach of executory contract. Anticipatory breach of contract. In re Frank E. Scott Transfer Co. (C. C. A. 7th Cir.), 32 Am. B. R. 417; 216 Fed. 308j 132 C. C. A. 452; modified 36 Am. B. R. 670. In re Pettingill Co. (D. C. Mass.), 14 Am. B. R. 728; 137 Fed. 143. Claim for damages arising out of breach of written contract is provable under Sec. 63-a (4) of Act and measure of damages is the difference between contract price and the cost of production. Pratt V. Auto Spring Repairer Co. (C. C. A. 1st Cir.), 28 Am. B. R. 483; 196 Fed. 495; 116 C. C. A. 261. In re Stern (C. C. A. 2d Cir.), 8 Am. B. R. 569; 116 Fed. 604; 54 C. C. A. 60. Wood V. Fisk, 156 App. Div. (N. Y.) 497. In re Duquesne Incandescent Light Co. (D. C. Pa.), 24 Am. B. R. 410; 17G Fed. 785. In re Saxton Furnace Co. (D. C. Pa.), 15 Am. B. R. 445; 142 Fed. 293. See, In re Imperial Brew Co., 16 Am. B. R. 110; 143 Fed. 579. Contra In re Inman and Co. (D. C. Ga.), 23 Am. B. R. 566; 175 Fed. 312. Surety's loss in completing bankrupt's contract provable though unliquidated. Wood V. U. S. Fidelity and Guaranty Co., 16 Am. B. R. 21; 143 Fed. 424. Payment must actual!}" have been made by surety.' Williams and Co. v. U. S. Fidelity and Guaranty Co. (Ga. Ct. of App.), 23 Am. B. R. 802; See, S. C. (U. S. Sup.), 34 Am. B. R. ISl. Surety on bankrupt's bond. In re Lyons Beet Sugar Refining Co., 27 Am. B. R. 610; 192 Fed. 445. Bail bond. In re Caponigri (D. C. X. Y.), 27 Am. B. R. 513; 193 Fed. 291. 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. Endorser where liability is not absolute until after filing of petition. Heyman v. Third Xational Bank of Jersey City, 32 Am. B. R. 716; 216 Fed. 685. Bank of Wayne v. Gold (X. Y. Sup. Ct.), 26 Am. B. R. 722. Amundson v. Folsom, 33 Am. B. R. 31 f5; 219 Fed. 122; 135 C. C. A. 24. Young V. Cordon and ano., 33 Am. B. R. 522; 219 Fed. 168; 135 C. C. A. 66. In re Gerson, 5 Am. B. R. 89: 105 Fed. 891; aff'd, Moch v. Market Street X^ational Bank, 6 Am. B. R. 11 ; 107 Fed. 897; 47 C. C. A. 49. Stipulation in note as to attorney's fees, when provable. In re T. II. Thompson :Milling Co. (D. C. Tex.), 16 Am. B. R. 454; 144 Fed. 314. In re Hersey (D. C. la.), 22 Am. B. R. 863; 171 Fed. 1004. In re Edens & Co. (D. C. So. Car.), 18 Am. B. R. 643. 151 Fed. 940. Tn re Keeton, Stell and Co. (D. C. Tex.), 11 Am. B. R. 367; 126 Fed. 426. In re Jenkins. 27 Am. B. R. 860: 192 Fed. 1000. Mechanic's Am. Xational Bank v. Coleman. 29 Am. B. R. 396; 204 Fed. 24; 122 C. C. A. 338. Xot provable in Pennsylvania. McCabe v. Patton (C. C. A. 3d Cir.), 23 Am. B. R. 335; 174 Fed. 217; 98 C. C. A. 225. FORMS IN BANKRUPTCY. 271 Stipulation in judgment. In re Hi-rshberger, 30 Am. B. l\. (535; 208 Fed. 94. Stipulation in mortgage. British and American Mortgage Co. v. Stuart, 31 Am. li. R. 465; 210 Fed. 425; 127 C. C. A. 157. Provability of contingent claims. Claim of landlord fur repairs under covenant in lease. In re Sehomacker Piano Mfg. Co., 20 Am. B. K. 899; 163 Fed. 413. In re International :\Iilling Co., 23 Am. B. R. 664; 175 Fed. 308. Claim of landlord upon agreement of tenant to indemnify landlord for loss of rent following bankruptcj', not provable, since there was " no fixed liability, etc." Slocum et al. v. Soliday (C. C. A. 1st Cir.), 25 Am. B. R. 460; 183 Fed. 410; 106 C. C. A. 56. Right of lessor to retain security dei)osited within four months. In re Sherwoods Inc. (C. C. A. 2d Cir.l, 31 Am. B. R. 769; 210 Fed. 754; 127 C. C. A. 304. Rent to accrue not provable. In re Mahler. 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 Hinckel Brewing Co. (D. C. X. Y.), 10 Am. B. R. 484; 123 Fed. 942. In re Roth and Appel (D. C. N. Y.), 22 Am. B. R. 504; 174 Fed. 64; aff'd, 24 Am. B. R. 588; 181 Fed. 667; 104 C. C. A. 649. But see, In re Caloris Mfg. Co. (D. C. Pa.), 24 Am. B. R. 609; 179 Fed. 722. Rent accruing after adjudication not provable, but contract to pay rent under the lease is not terminated. Colman Co. v. Withoft (C. C. A. 9th Cir.), 28 Am. B. R. 328: 195 Fed. 250; 115 C. C. A. 222. Dunlap V. Goodman Menger Lighting Co. {Pa. Com. PI.), 31 Am. B. R. 504. In re Cress McCormick Co., 25 Am. B. R. 464. Shapiro v. Thompson (Ala. Sup. Ct.), 24 Am. B. R. 91. But see, Martin v. Orgain (C. C. A, 5th Cir.), 23 Am. B. R. 454; 174 Fed. 772; 98 C. C. A. 246. Unliquidated claims. Sec. 63-b. What constitutes: In re E. T. Kenney and Co., 14 .*m. B. R. 611; 136 Fed. 451. In re Duquesne Incandescent Light Co. (D. C. Pa.), 24 Am. B. R. 419; 176 Fed. 785. Any doubt wliethcr liquidated or unliquidated should be resolved in favor of its provability as a liquidated claim. Dycus V. Brown. 135 Ky. 140; 121 S. W. 1010. A claim for unliquidated damages for tort not connected with contract and not reduced to judgment is not susceptible of li(|uidation under this section. Brown and Adams v. United Button Co. (C. C. A. 3d Cir.), 17 Am. B. R. 505; 149 Fed. 48; 79 C. C. A. 70; aff'g In re United Button Co., 15 Am. B. R. .390; MO Fed. 495. In re Hawley (D. C. Wash.), 28 Am. B. R. 58; 194 Fed. 751. For breach of warranty upon a sale. In re Grant Shoe Co. (C. C. A. 2d Cir.), 12 Am. B. R. 349; 130 Fed. 881; 66 C. C. A. 78: alf'g 11 Am. B. R. 48; 125 Fed. 576. 272 FOEMS IN BANKRUPTCY. FORM No. 166. ORDER FOR LIQUIDATION OF CL.AIM. United States District Court, District of In Bankruptcy. In the Matter OF BanlTupt. No. liaving heretofore filed his claim herein against the above-named bankrupt and the damages being unliquidated and the said claimant having applied to liquidate such damages within the year since the adjudication herein, now on motion of , attorney for said claimant it is Ordered, that the damages upon said claim be liquidated before the referee herein and a hearing had thereon on the day of , 19.. . Dated , 19. .. Referee in Ba7rl-7'upfcij. NOTES. Procedure upon liquidation. Sec. 63-b. In re United Button Co. (siipi-a). In re Silverman Bro.s., 4 Am. B. R. 83; 101 Fed. 219. In re Buehan's Soap Corp. (D. C. N. Y.), 22 Am. B. R. .382; IGO Fed. 1017. In re Sonthern Steel Co. (D. C. Ala.), 25 Am. B. R. 358; 183 Fed. 498. In re Duqucane Incandescent Light Co. {supra). Liquidation in State court. In re lleim Milk Product Co. (D. C. N. Y.), 25 Am. B. R. 740; 183 Fed. 787. In re Martin (C. C. A. 2d Cir.), 35 Am. B. R. 776; 228 Fed. 184. FORMS IN BANKRUPTCY. 273 FORM No. 167. PETITION FOR PAYMENT OF PRIORITY CLAIMS AND SCHEDULE. United States District Court, for the District of : In Bankruptcy. In the Matter OF Banl'rupt. No. To , Esq., Referee in Bankruptcy : The petition of respectfully shows and alleges : 1. That he is the trustee in l)ankruptcy herein duly qualified and acting; 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. Petitioner. [Verification.] SCHEDULE. PRIORITY CLAIMS OF Bankrupt. 'Name of Creditor. Amount of Clairn. Amount irith Filing Fee. Totals Dated .,19, Trustee in Bankrupt cij. NOTES. Claims entitled to priority of pa3nnent. Bankruptcy Act supersedes State insolvency ^^3 and prescribes what debts shall have priority of payment. 274 FORMS IX BANKRUPTCY. Smith V. Mottley (C. C. A. Gth Cir.), 17 Am. B. R. 863; 150 Fed. 266; 80 C. C. A. 154; rev'g 16 Am. B. R. 226; 143 Fed. 407. In re Slomka (C. C. A. 2d Cir.), 9 Am. B. R. 635; 122 Fed. 630; 58 C. C. A. 322; rev'g 9 Am. B. R. 124; 117 Fed. 688. Not enlarged by State statute. In re Crown Point Brush Co. (D. C. N. Y.), 29 Am. B. R. 638; 200 Fed. 882. Surety upon debt due United States and general wage claims. Guarantee Title and Trust Co. v. Title Guaranty and Surety Co. (U. S. Sup.), 27 Am. B. R. 873; 224 U. S. 152; 56 L. Ed. 706; rev'g s. c. 23 Am. B. R. 340; 174 Fed. 385; 98 C. C. A. 603; and aff'g In re Pittsburgh Industrial Iron Works (D. C. Pa.), 22 Am. B. R. 851. Claim for trust funds misappropriated, not specifically traced, subordinated to claims of general creditors. In re See (C. C. A. 2d Cir.), 31 Am. B. R. 360; 209 Fed. 172; 126 C. C. A. 120. Priority attaches to character of claim, not to claimant. In re Harmon, 11 Am. B. R. 64; 128 Fed. 170. Shropshire, Woodliti' and Co. v. Bush, 17 Am. B. R. 77; 204 U. S. 186; 51 L. Ed. 436; 26 Sup. Ct. 178. Priority of surety company which has paid wages of workmen under its bond. In re Dutcher, 32 Am. B. R. 545; 213 Fed. 908. Assigned checks received in payment of wages held entitled to priority. In re Stultz Bros. (D. C. N. Y.), 34 Am. B. R. 783; 226 Fed. 989. Sufficiency of statement to entitle to allowance as a priority claim. In re Dunn (D. C. N. Y.), 25 Am. B. R. 103; 181 Fed. 701. "Wage earners" as defined by Sec. 1 (27) of Act not controlling in determining what claims are entitled to priority. In re Scanlon (D. C. Ky.), 3 Am. B. R. 202; 97 Fed. 26. In re Rouse, Hazard and Co., 1 Am. B. R. 234; 91 Fed. 96; 33 C. C. A. 356. Blessing v. Blanchard (C. C. A. 9th Cir.), 35 Am. B. R. 135; 223 Fed. 35; 138 C. C. A. 399. Contra. In re August Becker and Co. (Ref. N. Y.), 31 Am. B. R. 596. In re Hurley (D. C. Minn.), 29 Am. B. R. 567; 204 Fed. 126. Wage earners. What constitutes " wages." Weaver v. Hugill Stone Supply Co., 16 Am. B. R. 516. Spruks v. Lackawanna Dairy Co., 26 Am. B. R. 554; 189 Fed. 287. " Piece workers " entitled to priority as wage earners. In re Gurewitz (C. C. A. 2d Cir.), 10 Am. B. R. 350; 121 Fed. 982; 58 C. C. A. 320. In re Thomas Deutschle and Co. (D. C. Pa.). 25 Am. B. R. 343: 182 Fed. 430. Commissions paid to a traveling salesman for h!s services are " wages " witliin the Act, as amended. In re New England Thread Co. (In re Dexter) (C. C. A. 1st Cir.), 20 Am. B. R. 47; 168 Fed. 788; 89 C. C. A. 285; aff'g 18 Am. B. R. 840; 154 Fed. 742. In re National Marble and Granite Co., 31 Am. B. R. 80; 206 Fed. 185. In re Fink (1). C. Pa.), 20 Am. B. R. 897; 163 Fed. 135. Burden on claimant to prove by fair preponderance of evidence the contract of employment and performance of services. Mason v. St. Albans Furniture Co., 17 Am. B. R. 868; 149 Fed. 898. In re B. II. Gladding Co. (D. C. R. I.), 9 Am. B. R. 700; 120 Fed. 709. Not entitled to priority out of i)roceed9 of sale of property over those having valid fixed liens on such property at date of adjudication. In re Yoke Vitrified Brick Co.. 25 Am. B. R. 18; 180 Fed. 235. FORMS IN BANKRUPTCY. 275 Wage claim and lien of chattel mortgage. In re McDavid Lumber Co. (I). C. Fla.), 27 Am. B. R. 39; 190 Fed. 97; afl'd W. Hay- ward Export Co. V. Lee, 193 Fed. 647; 113 C. C. A. 515. See, In re Coe-Powers and Co. (C. C. A. 6th Cir.), 6 Am. B. R. 1; 109 Fed. 550; 48 C. C. A. 538. Section includes a bookkeeper. In re Baumblatt (D. C. Pa.), 19 Am. B. R. 500; 156 Fed. 422. And musicians employed at regular wages to play at a tlieatre, restaurant, etc. In re Caldwell, 21 Am. B. R. 236; 164 Fed. 515. Salesman. In re Roebuck Weather Strip and Wire Screen Co. (D. C. N. Y.), 24 Am. B. R. 532; 180 Fed. 497. Teamster entitled only to priority for his personal services, not for use of horse, etc. In re Winton Lumber and Mfg. Co., 17 Am. B. R. 117. Claim of infant for wages. In re Huntenberg, 18 Am. B. R. 697; 153 Fed. 768. Priority of wage claim over bankrupt's claim for homestead exemption. In re Strickland (D. C. G-a.), 20 Am. B. R. 923; 167 Fed. 867. Petition to review denial of priority claim. In re A. O. Brown and Co.. 22 Am. B. R. 496; 171 Fed. 281. Application of payments during tliree months' period where bankrupt is also indebted to claimants for wages botli within and beyond tlie three months' period. In re Van Wert Machine Co. (D. C. Mass.), 26 Am. B. R. 597; 186 Fed. 607. President of a corporation not a wage earner within Sec. 64-b. Carpenter v. Cudd (C. C. A. 4th Cir.), 23 Am. B. R. 463; 174 Fed. 603. Does not cover principals in disguise. In re Metropolitan Jewelry Co. (D. C. X. Y.), 31 Am. B. R. 750; 216 Fed. 384, 385. Dummy " officer," as employee. In re Swain Co. (D. C. Cal.), 28 Am. B. R. 66; 194 Fed. 740. In re H. 0. Roberts Co. (D. C. Minn.), 27 Am. B. R. 437; 193 Fed. 294. Editor of a newspaper not entitled to priority within the section. In re Zotti, 23 Am. B. R. 607. Professional men held not included. In re Gay and Sturgis (D. C. Mass.), 36 Am. B. R. 350. Nor manager of a branch of a broker's office. In re A. 0. Brown and Co., 22 Am. B. R. 496; 171 Fed. 281. In re Snow Wire Works, 34 Am. B. R. 152. Actress. In re All Star Feature Corp., 36 Am. B. R. 655. Manager of a branch store not entitled to priority because of the rendition of incidental services. In re Greenberger, 30 Am. B. R. 117; 203 Fed. 583. In re Continental Paint Co. (D. C. N. Y.), 34 Am. B. R. 282; 220 Fed. 189. Blessing v. Blanchard, 35 Am. B. R. 135; 223 Fed. 35; 138 C. C. A. 399. .Judgment for damages for wrongful dismissal as a salesman not entitled to priority. In re E. B. Lewis, 12 Am. B. R. 279. Assignment of wage claim. General Order XXI. Does not lose priority by assignment before commencement of bankruptcy pro- ceeding. 276 FOKMS IN BANKRUPTCY. Tn re Fuller and 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 and Co. v. Bush (U. S. Sup.), 17 Am. B. R. 77; 204 U. S. 186; 51 L. Ed. 436. Contra. In re St. Louis Ice Mfg. and Storage Co. (D. C. Mo.), 17 Am. B. R. 194; 147 Fed. 752. In re Duteher, 32 Am. B. R. 545; 213 Fed. 908. But where one holding an assignment of wages exchanges it for bankrupt's note or other obligation there is a novation and priority is lost. ' In re Fuller and Bennett (supra). Nor by assignment after proof. In re North Carolina Car Co.. 11 Am. B. R. 488; 127 Fed. 178. Priority not lost by assignment after filing petition. In re Campbell, 4 Am. B. R. 535; 102 Fed. 686; dist'g In re Westlund, 3 Am. B. R. 646; 99 Fed. 399. On subrogation of surety company to rights of wage earners, see United Surety Co. V. Iowa Mfg. Co. et al., 24 Am. B. R. 726; 179 Fed. 55; 102 C. C. A. 623. Priority of taxes. 64-a. Actual and necessary costs of administration have priority over taxes due State. In re Halsey Electric Generator Co. (D. C. N. J.), 23 Am. B. R. 401; 175 Fed. 825; aff'd, State of New Jersey v. Lovell (C. C. A. 3d Cir.), 24 Am. B. R. 562; 179 Fed. 321; 102 C. C. A. 505; certiorari denied, 219 U. S. 587; 55 L. Ed. 347. Contra. In re Weiss (D. C. N. Y.), 20 Atn. B. R. 247; 159 Fed. 295. In re Prince and Walter (D. C. Pa.), 12 Am. B. R. 675; 131 Fed. 546. In re Oxley (D. C. Wash.), 30 Am. B. R. 406; 182 Fed. 1019. Taxes accruing after filing of petition entitled to same priority. Stanard v. Dayton, 33 Am. B. R. 682; 220 Fed. 441. Entitled to priority regardless of hardship to general creditors. In re Bushnell (D. C. Conn.), 33 Am. B. R. 47; 215 Fed. 651. Tn re Weissman, 24 Am. B. R. 150; 178 Fed. 115. Franchise taxes. State of New Jersey 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; 70 C. C. A. 388. Right of State to collect from bankrupt estate though the real property has been relinquished to mortgagee. Hecox v. County of Teller (C. C. A. 8th Cir.) (construing Colorado statute), 28 Am. B. R. 525; 198 Fed. 634; 117 C. C. A. 338. Taxes assessed after sale of property by trustee not entitled to priority. In re Crowell, 29 Am. B. R. 308; 199 Fed. 659. Section is strictly construed and not extended to a creditor other tlian the State or municipality to whicli the tax is due and owing. In re William A. Harris Steam Engine Co. (D. C. R. I.), 34 Am. B. R. 835. Effect of assignment of lease. In re Sherwood's, Inc. (C. C. A. 2d Cir.), 31 Am. B. R. 700, 772; 210 Fed. 754; 127 C. C. A. 304. 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 Scheidt Bros., 23 Am. B. R. 778; 177 Fed. 509. Contra. In re Fisher and Co. (D. C. N. J.), 17 Am. B. R. 404; 148 Fed. 907. "Legally due and owing" on day assessed even though not payable until after adjudication. In re Sherwood's, Inc. (supra). P^ORMS IN BANKRUPTCY. 277 What not a " Tax." A penalty for failure to make return of increase of capital stock. Commonwealth of Pennsylvania v. York Silk Mfg. Co. (C. C. A. 3d Cir.), 27 Am. B. R. 525; 192 Fed. 81; 112 C. C. A. 613; aff'g, s. c. 26 Am. B. R. 650; 188 Fed. 735. IJoniis payable upon increase of capital stock, s. c. {supra.) Liability of an employer of labor to contribute assessments under the " Work- men's Compensation Act " of Washington, not a " Tax " under Sec. 64-a. In re Farrell, 32 Am. B. R. 212; 211 Fed. 212. Unpaid water rents. In re Hills and Hills (C. C. A. 2d Cir.), 34 Am. B. R. 43; 221 Fed. 200; 137 C. C. A. 150. In re Park Brew Co., 35 Am. B. R. 652. When may be disallowed upon ground of " No taxable property." In re Otto Freund Arnold Yeast Co., 24 Am. B. R. 458; 178 Fed. 305. Priority by State statute. — 'Landlord's lien. In accordance with local law of State. In re Burns (D. C. Ga.). 23 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 Delancey Stables Co. (D. C. Pa.), 22 Am. B. R. 406; 170 Fed. 860. In re West Side Paper Co. (C. C. A. 3d Cir.), 20 Am. B. R. 660; 162 Fed. 110; 89 C. C. A. 110. In re Consumer's Coffee Co. (D. C. Pa.), 18 Am. B. R. 500; 151 Fed. 933. Martin v. Orgain (C. C. A. 5th Cir.), 23 Am. B. R. 454; 174 Fed. 772; 98 C. C. A. 246. In re Desmond and Co. (D. €. Ala.), 28 Am. B. R. 456 and foot note; 198 Fed. 581; aff'd, 204 Fed. 1006; 122 C. C. A. 063. Central Trust Co. v. Lueders and Co. (C. C. A. 6th Cir.), 34 Am. B. R. 61 ; 221 Fed. 829; 137 C. C. A. 387. In re Abrams, 29 Am. B. R. 590; 200 Fed. 1005. Preservation of landlord's lien given by State statute and not void under Sec. 67-f of the Act even though enforced and attached by distress within four months. Henderson v. Mayer, 28 Am. B. R. 387; 225 U. S. 631; 56 L. Ed. 1233; aff'g In re Burns {supra). In re Jones Bros. & Co. (C. C. A. 5th Cir.), 36 Am. B. R. 747. In re Southern Hardware and Supply Co. (D. C. Ala.), 32 Am. B. R. 92; 210 Fed. 381. Shapiro v. Thompson (Ala. Sup. Ct.), 24 Am. B. R. 91. Distraint after bankruptcy; right denied. In re Bishop (D. C. So. Car.), 18 Am. B. R. 635; 153 Fed. 304. L'nder law of Louisiana. In re Meyer and Bleuler, 28 Am. B. R. 17; 195 Fed. 653. Of Illinois. In re United :\Iotor Chicago Co. (C. C. A. 7th Cir.), 33 Am. B. K. 694; 220 Fed. 7 72; 136 C. C. A. 37S. In re Chaudron and Peyton (D. C. Md.), 24 Am. B. P. 811: 180 Fed. 841. Lender laws of Pennsylvania. In re Keith-Gara Co., 29 Am. B. R. 466; 203 Fed. 585; aff'd. sub nom. Ludlow, Trustee v. Pugh (C. C. A. 3d Cir.), 32 Am. B. R. 435; 213 Fed. 450; 130 C. C. A. 96. In re Quality Shoe Shop. 34 Am. B. R. 196. Upheld in other jurisdictions. In re Federal Biscuit Co. (C. C. A. 2d Cir.), 33 Am. B. R. 273: 218 Fed. 753; 134 C. C. A. 431. As/reement to pay taxes as part of the rent. MtCann v. i:vans (C. C. A. 3d Cir.), 26 Am. B. R. 47; 185 Fed. 93; 107 C. C. A. 313. 278 FORMS m BANKRUPTCY. Covenant to pay water rent. In re Family Laundry Co., 27 Am. B. R. 517; 193 Fed. 297. Priority for materials. In re Bennett (C. C. A. 6th Cir.), 18 Am. B. R. 320; 153 Fed. 673; 82 C. C. 531; aff'g 18 Am. B. R. 847. In re Jones, 18 Am. B. R. 206; 151 Fed. 108. In re Rheinstrom and Sons Co., 207 Fed. 119. Mechanic's liens. In re Clark Coal and Coke Co., 23 Am. B. R. 273; 173 Fed. 658. Convict labor. In re Worcester Co., 4 Am. B. R. 496; 102 Fed. 808; 42 C. C. A. 637. In re Mercer (C. C. A. 8th Cir.), 22 Am. B. R. 413; 171 Fed. 81; 96 C. C. A. 185; aff'g In re Western Implement Co., 22 Am. B. R. 167; 166 Fed. 576. As to community property, see In re Chavez (New Mexico) (C. C. A. 8th Cir.), 17 Am. B. R. 641; 140 Fed. 73; 80 C. C. A. 451. Costs in attachment suit. — Entitled to priority of payment. 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. In re Amoratis (C. C. A. 9th Cir.) (Cal. Stat.), 24 Am. B. R. 565; 178 Fed. 919; 102 C. C. A. 297. In re Moncrief Mfg. Co., 31 Am. B. R. 674. Contra. In re Copper King, Lim. (D. C. Col.), 16 Am. B. R. 148; 143 Fed. 649. In re Rood (D. C. Minn.), 34 Am. B. R. 273. Provable as an unsecured claim only so far as necessarily incurred. In re Tliompson Mercantile Co. (D. C. Minn.), 11 Am. B. R. 579. [See Notes on Forms Nos. 159, 160, 165.] FORMa IN BANKKUPTCY. 279 FORM No. 168. ORDER DIRECTING PAYMENT OF PRIORITY CLAIMS. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. )■ Xo. Upon reading and filing the petition of Trustee herein duly verified praying for authority to pay the claims filed herein claiming priority under Section G-t of the Bankruptcy Act, for (wages), and upon motion of attorney for said Trustee, it is Ordered, that the said Trustee ])e 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 annexed to said petition. Dated ,19... Referee in Bankruptcy. NOTES. Claims entitled to priority for wages. Priority of claim for wajres not lost by entry of judfrment on claim beforo com- mencement of bankniptoy proceedings. In re Haskell (D. C. Mass.), 36 Am. B. R. 428. Priority of claim of landlord. Priority of claim of landlord under New Jersey statute. In re Spiess-Alper Co. ( D. C- X. J.). .36 Am. B. Pv. 470. Claims entitled to priority for taxes. Award by New York State Industrial Commission apainst the bankrupt for personal injuries to an employee not entitled to priority under Sec. 64-b-5 nor under Sec. 64-a. In re Rockaway Soda Water Mfg. Co. (Ref. N. Y.), 36 Am. B. R. 640. 280 FOEMS IN BANKKUPTCY. FORM No. 169. PETITION TO REVIEW ORDER EXPUNGING PROOF OF DEBT. United States District Court, for the District of : In Bankruptcy. In the Matter OF Bankrupt. Xo, To , Esq., Eeferee 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.] 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... Petitioner. [Verification.] NOTES. Review of order allowing or disallowing claim. Findings of fact of a referee not distiirbed 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 and Sons Co. (D. C. Conn.), 8 Am. B. R. 113; 114 Fed. 772. FORMS IN BANKRUPTCY. 281 FORM No. 170. PETITION THAT ALL CLAIMS TO SECURITIES, ETC., BE FILED AND REFERRED. United States District Court, lor liie District of I:i Bankruptcy. Ix THE Matter OF Bankrupt. 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 a])Ove 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 temporary receiver of the goods, assets and effects of said bankrupt, and duly qualified as such by filing a bond, as required ])y this court, which was duly approved, and he there- upon 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 proceedin,<:s herein were duly referred to , Esq., one of the referees in liankruptcy. 4. [That thereafter, such further proceedings were duly had before said , Esq., that your petitioner herein was duly appointed 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 ui)on 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, against which claims are made. 282 FOiniS IX BAXlvlJUPTCY. G. 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 , 1!). ., 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 his 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 imi)ractica!)le. (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, 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. 3. Directing that any and all creditors, persons, firms and corporations, claiming such stocks, bonds, securities and other assets, or the ])roceeds thereof , who shall not file claims as aforesaid, be forever barred from making or claim- ing 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.] FORMS IN BANKRUPTCY. 28;j FORM No. 171. ORDER TO SHOAV CAUSE THEREON. In the District Court of the United States, District of In Bankruptcy. In the Matter OF and individually and as co-partners doing j^Order to show cause, Xo. business under the firm name and style of Alleged Banlrupts. Upon reading the annexed petition of , receiver of the above-named alleged l)ankrupts, verified , 19. . ., and all the papers and proceedings had and taken herein, and on motion of , attorneys for the petitioner, it is Ordered, that all of the creditors of the above-named alleged bankrupts, and all other persons, firms and corporations either claiming specific stocks, bonds, securities, sums of money or other assets, or the proceeds thereof, or asserting any alleged ])referential claim against the general assets of the estate herein, which are or may be in the possession, custody or control of the petitioner herein, are hereby required to show cause before me or any one of the Judges of this Court, at a stated term of said Court, to be held in room No , at building in the , City of , on , 19 . . , at .... o'clock in the forenoon, or as soon thereafter as counsel can be heard, why an order should not be made and entered herein directing said creditors, persons, firms or corpora- tions to file within such time as the Court may direct, verified statements of any and all claims which they or any of them may have against specific stocks, bonds, securities, sums of money or other assets, or the proceeds thereof, and of any and all preferential claims which they may have against the general assets of the estate herein, such claims tj l)e filed with a Special iMaster to Vo appointed for such purpose, and why the claims so filed, if any, should not be referred to said Special blaster for hearing testimony and report, and why in default of the filing and proving such claims at a time and place, and in a manner in which this Court may direct, said creditors, persons, firms or cor- porations, and any and all of them, should not be forever barred, foreclosed and enjoined from making and asserting any such claim or claims, and sufficient reason for appearing therefor, it is 284 FORMS IX BANKRUPTCY. Ordered, that service of this order, together with the petition i;pon which" it is granted, be made upon each of the creditors or other persons interested herein, whether or not such persons have appeared herein by attorney, or have instituted reclamation or other proceedings against the receiver herein, by mailing a copy to each of them at their respective addresses, as the same may appear upon the books and records of the alleged bankrupts herein, and by publishing a copy of this order in The once a week for two successive weeks, which shall be and hereby is declared to he sufficient service thereof. In the event of the addresses and residences of any of the creditors of any of the alleged bankrupts herein, or of nny of the persons, firms or corpora- tions above mentioned are unknown to the receiver herein, and do not appear on the books or records of the alleged bankrupts, sufficient service of this order to show cause, together with the petition upon which it is granted, shall be made as to them, by mailing in the same manner and within the time above specified, to them a copy thereof to such address as the alleged l)ankrupts herein shall furnish to said receiver. And it is further ordered, that the receiver herein may apply at the foot of this order for such other or further relief in the premises as may be necessary or proper. Dated ,19... U. S. District Judge. FORMS IN BANKKUPTCY. 285 FORM No. 172. "OMNIBUS" ORDER DIRECTING THAT CLAIMS TO SECURITIES, ETC., BE FILED AND REFERRED. At a Stated Term of the District Court of tlie L'nited States for the District of held at the Court House in the City of on the day of , 19. .. Present : Hon , District Judge. In tiik Matter OF Banl-rupt. ^0. An order having been granted herein on , 10. ., requiring creditors of the above named bankrupt and all other persons, firms or corpora- tions, claiming stocks, bonds, securities and other assets, or the proceeds thereof, in the possession, custody or control of the receiver (or trustee) herein, to show cause why they should not file their claims against the said stocks, ])onds, securities and other assets, or the proceeds thereof, etc., and the same having duly come on for argument, now. On reading and filing the said order to show cause, dated , 19. . ., the petition of receiver (or trustee) herein verified 19. ., and all the papers and proceedings had and taken herein, and proof of due service thereof. On motion of attorney for tlie receiver (or trustee) herein, it is Ordered, that all creditors of the above named l»ankni]it and all persons, firms or corporations claiming 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, that any and all creditors or other claimants to the said stocks, bonds, securities and other assets, or the proceeds thereof, who shall not file 286 FOKMS IN BAXKKUPTCY. 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 herel)y is referred to , Esq., who is hereby appointed Special ]\Iaster for that purpose, to hear and determine the rights of all such creditors and claimants, including the receiver (or 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, and it is further Ordered, that service of this order be made upon the creditors or other firms, persons or corporations interested herein, by mailing on or before .... , a copy of this order to each of them at their respective addresses as the same may appear upon the schedules herein, and l)y publishing a copy of this order in The , prior to , which shall be and is herel)y declared to be sufficient service thereof; and it is further Ordered, that the receiver (or trustee) herein may apply for such other and further relief in the premises as may he necessary or proper. United States District Judge. NOTES. Summary determination of claims to property held by receiver or trustee. In re Epstein (C. C. A. 8th Cir.), H) 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. Validity of order. Bankruptcy Court has power to limit the time for claimants to ])rove title to stocks, bonds, etc.. to less than the year which the Act allows to creditors for filing claims. Tn re T. A. McTntyre and Co. (C. C. A. 2d Cir.), 24 Am. B. R. 4 and foot note; 176 Yed. 5.52; 100 C. C. A. 140. In re Lathrop, Haskins and Co. (C. C. A. 2d Cir.), 34 Am. B. R. 7.30; 223 Fed. 012; 139 C. C. A. 302. Owners of converted stock by a bankrupt firm of brokers held entitled to similar stock in bankrupt's possession at time of bankrujjtcy as tenants in common as against general creditors. In re A. 0. Brown and 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; 52 L. Ed. 845; aff'g In re .Tacob Berry and Co.. 17 Am. B. R. 467; 149 Fed. 176; 79 C. C. A. 124. Tn re A. 0. Brown and Co. (Ex parte Scotten), 25 Am. B. R. 800; 183 Fed. 861. FORMS IN BANKRUPTCY. 287 In re T. A. Mclntyro and Co. (C. C. A. 2d Cir.), 25 Am. B. R. 93; 181 Fed. 960; 104 C. C. A. 424. Constructive identification of stock. Gorman v. Littlefield (U. S. Sup.), 30 Am. B. R. 266; 229 U. S. 19; 57 L. Ed. 1047. In re Hollins (C. C. A. 2d Cir.), 34 Am. B. R. 34; 219 Fed. .144; 135 C. C. A. 312; rev'd. Duel v. Hollins (U. S. Sup.), N. Y. Law Jour., .Tune 20, 1916. Motion for leave to file after expiration of time denied. In re T. A. Mclntyre and Co., 24 Am. B. R. 4 ; 176 Fed. 552; 100 C C A. 140. Contribution among claimants. In re T. A. Mclntyre and Co. (Petition of Pippey) (C. C. A. 2d Cir.), 24 Am. B. R. 626; 181 Fed. 955; 104 C. C. A. 419. PART V. TRUSTEE IN BANKRUPTCY. FOBM No. 173. Bond of Trustee. 174. Trustee's first Report. 175. Trustee's Report of exempted Property. 176. Exceptions to Trustee's Report on Exemptions. 177. Order allowing Exemptions after Trustee's Report. 178. Petition of Trustee to continue Business of Bankrupt. 179. Order authorizing Trustee to continue Business. 180. Petition to reject Assets as burdensome. 181. Order allowing Trustee to reject Assets. 182. Trustee's Bill of Sale. 183. Trustees Deed of Real Propertv. 184. Trustee's Affidavit to correct Tax Assessment. 185. Order requiring Trustee to adopt or reject lease. 186. Notice of Adoption of Lease by Trustee. 187. Petition by Trustee for Leave to sue. 188. Order authorizing Trustee to sue. 189. Order of Federal Court permitting Trustee to apply to intervene in State Court Action. 190. Affidavit of Trustee to intervene. 191. Order in State Court allowing Intervention. 192. Order authorizing Trustee to abandon legal Proceedings. 193. Order ratifying Acts of Trustee. 194. Petition for Removal of Trustee and Order to show Cause tiiereon. 195. Order for Removal of Trustee. 196. Resignation of Trustee. 197. Order for Choice of new Trustee. 198. Notice of Meeting to elect new Trustee. 199. Demand for Security for Costs from Trustee, Plaintiff. 200. Order requiring Trustee to furnish Security for Costs. 201. Order requiring Trustee to file final Account. 202. Trustee's Return of no Assets. 203. Trustee's Report, final Account and Oath to Same. 204. Exceptions to Trustee's Account. 205. Petition of Attorney' for Trustee fcr an Allowance for Services and for a Ccrtilicate for additional Compensation. (Local Rule.) 206. Certificate of Referee on Application for additional Compensation. (Local Rule.) 207. Order allowing additional Compensation to Attorney for Trustee. 208. Trustee's final Report. 209. Order discharging Trustee. [2SS] FORMS IN BANKRUPTCY. 289 FORM No. 173. BOND OF TRUSTKE. In the District Court of the United States, for the District of Ix THK Mattkr OF > In Bankruptcy No. Bankrupt. Know all men hy 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 . . , ai)pointed trustee in the case pending in bankruptcy in said court, wherein the bankru])t. 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 290 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 : Attorneij-in-fact. [Acknowledgment by prinicipal and surety. Justification by Surety Company.] NOTES. Sec. 50-b, c, g, h, i, j, k, m. Bond must be furiKs-lud Avithin 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. 112; 211 Pa. St. 176. What bond covers. In re Kajita, 13 Am. B. R. 19. Unauthorized payments. In re Hoyt and IMitcliell, 11 Am. B. R. 784; 127 Fed. 968. Action by trustee upon bond of a former defaulting trustee may be maintained in a District Court of the United States. United States ex rel. Scliauflh-r v. Union Surety and Guaranty Co. (D. C. N. Y.), 9 Am. B. R. 114; 118 Fed. 482. Or in State court of general jurisdiction. Alexander v. Union Surety and Guaranty Co., 11 Am. B. R. 32; 89 Apj). Div. (N. Y.) 3; 85 N. Y. Supp. 282. Action upon bond brought in name of United States. Alexander v. Union Surety and Guaranty Co. (aupra). And leave of court not necessary (s. c.) Defaulting trustee proper, but not neces- sary party (s. c). Action on trustee's bond may be brought though no order was made directing absconding trustee to account. Scofield V. I'nited States ex rel. Bond (C. C. A. 6th Cir.), 23 Am. B. R. 259; 174 Fed. 1 ; 98 C. C. A. 39. But, generally, an accounting is a necessary prerequisite. United States v. Sondheim, 33 Am. B. R. 217. FORMS IN BANKRUPTCY. 291 FORM No. 174. TRUSTEE'S FIRST REPORT. United States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. V No. To , Esq., Referee in Banlruptcy. I, do hereby make and file my first report as tiustee 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 jienalty 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 > [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 followinsr matters: 4. That I desire instructions as to the following 5. That T 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 292 FOEMS m BANKRUPTCY. per cent, upon the claims filed and allowed herein, for the declaration and payment of \\hich, 1 do hereby apply. Dated , 19. . . Respectfully submitted, Trustee. [Verification, if desired, or required.] NOTES. Sec. 47-a (10). FORM No. 175. [Official.] TRUSTEE'S REPORT OF EXEMPTED PROPERTY. In the District Court of the United States for the of In Bankru])tcy. District In the jMatter OF Hankrvpt. At , on the day of , 19. .. The following is a schedule of property designated and set apart to be re- tained by the l)ankrupt aforesaid, as his own property, under the provisions of tlie Acts of Congress relating to bankruptcy. General bead. Particular description. Value. Military uniform, arms, and equip- ments Dolls. Cts. Property exempted by state laws. . Trustee. FORMS IN BANKRUPTCY. 293 Act, Sees. 2, (11), 6, 47, (11). General Order XVII. See, notes under Form No. 112. In re McLlintuck, 13 Am. B. R. GOG. In re Camp, 1 Am. B. R. iGo; 91 Fed. 745. In re (Jrimes, 2 Am. B. R. 730; 96 Fed. 529. In re Friedrieli (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. In re Manning (D. C. Pa.), 7 Am. B. R. 571; 112 Fed. 948. In re Finklestein (D. C. Pa.), 27 Am. B. R. 229. Trustee may refuse to set apart. In re Ellis, 10 Am. B. R. 754. Duty of trustee upon setting apart property as exempt to surrender possession of same to bankrupt. In re Soper, 22 Am. B. R. 868. Trustee's action thereon not final. In re White, 4 Am. B. R. 613; 103 Fed. 774. FORM No. 176. EXCEPTIONS TO TRUSTEE'S REPORT SETTING OFF EXEMPTIONS. In the District Court of the United States for the District of hi Bankruptcy. In the ^Matter OF Bdnhriipl . Xo. Now comes , of a creditor of the above named bankrupt, and excepts to the trustee's report settinfr off said lankrupt's exemptions, filed herein on the day of , 10. ., in that such report sets ofP to said i>ankrupt the follow-inij: for the folh)\\inir reasons 294 FORMS IX BAXKRUPTCY. and prays that a hearing may l^e had upon such exceptions and that the same may be argued, as provided in General Order XVII. Dated ,19... Excepting Creditor. NOTES. Gen. Order XVII. Exceptions to trustee's report on exemptions. In re Cotton & Preston, 23 Am. B. R. 586. Xo trial by jury thereof allowed under Sec. 19 of Act. In re Thedford (D. C. Tex.), 27 Am. B. R. 354. Time for filing exceptions mandatory under General Order XVII. In re Krecun (C. C A. 7th Cir.), 36 Am. B. R. 172. \^'Tien exceptions to report filed too late. In re Amos, 19 Am. B. R. 804. FORM No. 177. ORDER AXLOWING EXEMPTIONS AFTER TRUSTEE'S REPORT. United States District Court, District of : In Bankruptcy. Ix THE Matter OF Bankrupt. Xo, The trustee herein having, more than twenty days since, filed his report of exempted property, in accordance with General Order XVII. and no exceptions having heen taken thereto, [or; and exce])tions thereto having been filed by. . . and the same having been argued before me] 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'.-^ claim to exemptions is hereby determined accordingly; That the property specified in such report be delivered to said bankrupt forthwith. Dated ,19... Be-feree in Banl-ruptcy. FORMS IN BANKRUPTCY. 295 FORM No. 178. PETITION BY TRUSTEE TO CONTINUE BUSINESS OF BANKRUPT, United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Bankrupt. Xo. 'I'o ^ Esq., Referee in Bankruptcy. The petition of , respectfully alleges and shows : 1. That on or ahout the day of , 19. . ., he was duly appointed 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 bis ])lace of l)usiness was at That situated on these premises is a complete outfit for the manufacture of , consisting of machinery of various kinds and materials 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 conducted in the usual manner, and your petitioner believes that it is for the best interests of the estate that the bvisiness be further continued under his direction as trustee. .'5. 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 business 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 davs. 296 FOKMS IN BANKRUPTCY. \Vherefore, your petitioner would respectfully pray that an order be made herein, authorizing and empowering 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. 179. ORDER AUTHORIZING TRUSTEE TO CONTINUE BUSINESS. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Bnnl-rvpt. Xo. On reading and filing the annexed petition of , the trustee of the estate of the above named bankrupt, verified , 19. . ., and it appearing to be for the best interests of this estate and there being no opposition thereto, and on motion of , attorney for the s;'.id trustee, it is Ordered, that the said trustee, lie and he is hereby authorized, in his discretion, to continue and conduct the business of the said bankrupt, for a period of days from the date of this order. Dated 19... Referee in Banl-riipfci/. NOTE. Act, Sec. 2 (5). As to liability of trustee for injuries to property of aiiotlur while conducting bankrupt's business without an order of the court. McCauley v. Jackson (X. Y. App. Div.), 34 Am. B. R. 371; 165 App. Div. (N. Y.) 84G; 151 N. Y. Supp. 120. FORMS IN BANKRUPTCY, 297 FORM No. 180. PETITION TO REJECT ASSETS AS BURDENSOME. United States Di?trict Court, for the District of In F)aiikni])t('y. In the ^Matter OF y No. Ji((nlcruj)t. To , Esq., Referee in Bankruptcy. Your petitioner respectfully shows: That he is the trustee herein duly qualiiied and acting. 'J'hat a portion of such hankrupt'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 posses.-^ion. 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. Fetidoner. (Verification.) 298 FOEMS IX BAXKKUPTCY. FORM No. 181. ORDER ALLO^VING TRUSTEE TO REJECT ASSETS AS BURDENSOME. United States District Court, District of : In Bankruptcy. Ix THE Matter OF Banl-rupt. Xo. 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 ; and no one appearing in opposition thereto, Xow, on motion of , Esq., attorney for said trustee, it is Ordered, that , the trustee herein, be, and he herein' is, authorized and directed to reject the following described property, and to refuse to take the same into his possession, viz. : Dated ,19. .. y lleferee in Banl-nipfr?/. XOTES. Burdensome property. Trustee not bound to iake property which may involve him in lititjation. Oldmixon v. Severance. 18 Am. B. E. 823; 117 App. Div. (X. Y.) 921. In re Cogley. 5 Am. B. R. 731 ; 107 Fed. 73. In re Scht-erman. 2 X. B. X. Rep. 118. May abandon claim where result is doubtful. In re Harper (D. C. X. Y.), 23 Am. B. R. 91S; 175 Fed. 412. Property mortgaged beyond value. Equitable Ix)an & Security Co. v. Moss & Co. (C. C. A. Hth Cir.). 11 Am. B. R. Ill; 125 Fed. 600; 60 C. C. A. 345. In ro Zehner. 27 Am. B. R. 536; 193 Fed. 787. In re Jersey Island Packing Co. (C. C. A. 9th Cir.), 14 Am. B. K. 689; 138 Fed. 625; 71 C. C. A. 75. What not an abandonment. In re \Yi3eman and \Vallace, 20 Am. B. K. 293. Ha3 no application to concealed property. FOKMS IN BANKRUPTCY. 299 First Nat. Bank v. Lasater (U. S. Sup.), 13 Am. U. li. U'JS; lUG U. S. 115; 49 L. Ed. 4U8. EflFect of order is to revest title in bankrupt. Sessions v. Romadka, 145 L'. S. iili; 3G L. Ed. UO'J. FORM No. 182. TRUSTEE'S BILL OF SALE. Know all men by these presents : That 1, , as trustee in bankruptcy of , party of the tirst 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 of 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. Tn 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 frits fee. in hatiWupfcy of '.. Schedule "A" of foregoing Bill of Sale: [ Acknowledgment] 300 FOKMS IN BANKRUPTCY. FORM No. 183. 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 Whereas, 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 pnd is now acting as such trustee ; and Whereas, the 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 puljlie 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 , 1 bankrupt, by virtue of the power and authority 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 herel)y 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: [or, all my right, title and inter- est in and to the following described property :] [Insert description.] Together Avith all and singular the tenements, hereditaments and appur- tenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder find remainders, rents, issues and profits thereof, to have and to hold the said alsove granted premises with the appurtenances F0KA18 IN BANKRUPTCY. 301 thereof, uuto the said party of the second part, his heirs and assigiis 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 tlie first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of : As Trustee in BankrupLcy, etc. [ Acknowledgment.] FORM No. 184. TRUSTEE'S AFFIDAVIT TO CORRECT ASSESSMENT FOR PERSONAX TAXES AGAINST ESTATE. In the Matter OF the Assessment of for Personal Taxes by the City of State of County of , , l)eing 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 a])0ut the day of , 19 . . , the said (corporation of) was duly adjudged a bankrupt in the District Court of tlie 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, fleponont would respectfully pray that the assessment of the above named (corporation of) for personal 302 FOiniS IX BAXKKUPTCY. taxes for the year 1\). ., of $ , be vacated and cancelled upon the tax books or assessment rolls, > Sworn to before nie this day of lU.. FORM No. 185. ORDER REQUIRING TRUSTEE TO ADOPT OR REJECT LEASE. 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 reading and filing the notice of motion herein, and the petition of .... thereto annexed verified , the lease thereto annexed and therein referred to, and after hearing counsel for petitioner in support of said motion and counsel for trustee in opposition thereto, it is Ordered, that the trustee herein be and he is hereby, ordered and directed to serve upon the attorney for the petitioner herein, a duly acknowledged acceptance or rejection of said lease on or before , and it is Further ordered, that such acceptance or rejection be without prejudice to the rights of the petitioner against the trustee either individually or as such officer of the estate herein, and without prejudice to the defenses or claims in opposition thereto of such trustee. Dated ,19... U. S. D. J. FORMS IN BANKRUPTCY. 303 FORM No. 186. NOTICE OF ADOPTION OF LEASE BY TRUSTEE. United States District Court, District of . . In Bankruptcy. In the Matter OF Bankrupt. Y No. 'J^o : You will please take notice that the undersigned trustee in hankruptcy of the above named bankrupt, does herel)y 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 secoiul part, for the period terminating on the day of 19 . . , the date of the expiration of said lease, at the rentals reserved in said lease. Dated ,19. .. Triisfee in Bnulruptcij of NOTES. A trustee liable upon quantum meruit for use and oecnpation of premises leased by the bankrupt. In re Grij,mard Lithof;raphic Co. (1). C. X. V.). I!) Am. D. W. 101 ; 155 Fed. 699. Trustee not bound to assume. In re Sterne & Levi (D. C. Tex.), 20 Am. B. R. 5.35. In re Scruggs, 31 Am. B. R. 94; 205 Fed. 673. Assumption or rejection of lease. Watson V. Merrill (C. C. A. 8th Cir.), 14 Am. R. R. 453; 136 Fed. 3.59: 69 C. C. A. 185. In re Frazin & Oppenheim (C. C. A. 2nd dr.). 24 Am. R. R. 903; 183 Fed. 28; 105 C. C. A. 320; revV 23 Am. R. R. 289: 174 Fed. 713. Tn re Rubel (D. C. Wis.). 21 Am. R. R. .566: 166 Fed. 131. Shapiro v. Thompson (Ala. Sup. Ct.), 24 Am. R. R. 91. Assumption of contract by tnistee. Atchison. T. and S. F. R. R. Co. v. Hurley iC. C. A. 8th Cir.K 18 Am. R. R. 396; 153 Fed. *03; 82 C. C. A. 453; aff'd (U. S. Sup.), 213 U. S. 126: 53 L. Ed. 729. 304 FORMS IX BAXKRITPTCY. FORM No. 187. PETITION FOR L,EAVE BY TRUSTEE TO SUE. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF 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 hei'ein, on account of said contract. 4. 'J'hat 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 herein. Wherefore, your petitioner prays for an order authorizing and permitting him to bring an action in the Court for the County of . . . . , against • J Feixiioner. [Verification.] FORMS IN BANKRUPTCY. 305 FORM No. 188. 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 BanJiTiipt. r No. Upon readintj and filin9; 109 Fed. 111. Kesaler v. Herklotz (N. Y. App. Div.), 22 Am. B. R. 257; 132 App. Div. (N. Y.) P'ORMS IN BANKRUPTCY. 309 Trustet' cannot be substituted in l.bol suit brought by bankrupt prior to liia adjudication. Epstein v. Handverker, 26 Am. B. R. 712. 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. Substitution as plaintiff. Consent of Federal court should be first obtained and aflirmatively shown. Hahlo et al. and Burrit as trustee v. Cole (^\ Y. App. Div.', 15 Am. B. R. 591; 112 App. Uiv. (X. Y.) 636. Patten v. Carley (N. Y. App. Div.), 8 Am. B. R. 482; 69 App. Div. (N. Y.) 423. In re Howard, 12 Am. B. R. 462; 130 Fed. 1004. Colgan V. Finck, 30 Am. B. R. 535; 159 App. Div. (N. Y.) 57. Continuation of suit by trustee; liability for costs. Malloch V. Adams, 28 Am. B. R. 916; 199 Fed. 542. FORM No. 192. ORDER AUTHORIZING TRUSTEE TO ABANDON LEGAX PROCEEDINGS. United States District Court, for the District of : In Bankruptcy. In the Matter OF Banlrupf. Xo. T'pon all the papers and proceedings had in the above entitled matter, the petition of , trustee, verified the day of , 19. . ., the notice to creditors, dated , 19. . ., and proof of due mailing: of said notice; and a mectinj; 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 and litigation heretofore commenced by him. relative to the recovery of from , and sufficient reason appearing therefor; 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 Dated , 19... Referee in Bankruptcy. 310 FORMS IN BAXKRUPTCY. FORM No. 193. ORDER RATIFYING ACTS OF TRUSTEE. United States District Court, for the District of In Bankruptcy. Ix TUK IMattkr OF JBankvKjyt. y No. A meeting of creditors having been held at tlie office 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 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 tiie 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, , 10... Referee in Bankruptcy. FORMS IN BANKRUPTCY 311 FORM No. 194. PETITION FOR REMOVAL OF TRUSTEE AND ORDER TO SHOW CAUSE THEREON. I'nited States District Court, District of III Bankruptcy. In tiik ^I vttku OF y No. Jyunkriipt. 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 bo removed from liis trust, for the causes following, to wit: [Here set fortli 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.) 312 FORMS IN BANKRUPTCY. ORDER TO SHOAV CAUSE THEREON. United States District Court, for the . .■ District of In Bankruptcy. In the Matter OF Bankrupt. No. At , on the day of , A. D. 19 ... , To , 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 .... ]\I., 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 Cleric.) NOTES. Act. Sec. 2, (17). General Orders XIII., XVII. Trustee removable by the judge only. In re Bernec & Wolf, 185 Fed. 224. Application made in the first instance to the court upon notice to trustee. Judge may refer to the referee as such, or as special master. Joining with bankrupt in scheme to defraud by means of a composition, grounds for removal. In re Wrisloy Co. (C. C. A. 7th Cir.), 13 Am. B. R. 193; 1.33 Fed. 3S8 ; 66 C. C. A. 450. Change of residence of trustee not in itself sufficient ground for removal. In re Seider (D. C. N. Y.), 20 Am. B. R. 70S; 163 Fed. 139. Trustee, when removed for cause, denied personal expenses and commissions. in re Leverton, 19 Am. B. R. 434; 155 Fed. 931. 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. United States ex rel. Bond (C. C. A. 6th Cir.), 23 Am. B. R. 259; 174 Fed. 1 ; 98 C. C. A. 39. FORMS IN BANKRUPTCY. 313 FORM No. 195. ORDER FOR REMOVAL. OF TRUSTEE. "United States District Court, for tlie District of III Bankruptcy. I\ TilK ]^^ATTER OF Bankrupt. Xo. 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 t.he 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 liis 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. 314 FOEMS 1\ BAXKKUPTCY. FORM No. 196. RESIGNATION OF TRUSTEE. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF Bankrupt. To Esq., Keferee 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. EespectfuUy yours, Dated , 19, NOTES. Compensation when trustee resiofns to avoid odinm of removal. In re E. J. Fidler & Son, 23 Am. B. R. 16; 172 Fed. 632. Effect of on pending suit and proper method of procedure by supplemental bill. Hull V. Burr (Fla. Sup. Ct.), 28 Am. B. R. 837. FORMS IN BANKRUPTCY. 315 FORM No. 197. [Official.] ORDER FOR CHOICE OF NEW TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OF Barikrupt. Xo. 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 the 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 Ije given to said creditors of the time, place and purpose of said meeting, by letter to each, to he deposited in the mail at least ten davs before that day. Beferee in Bankruptcy. NOTES. Vacancy in office of Trustee. Sec. 44. General Order XXV. Creditors must be given opportunity to elect. In re Hare, 9 Am. B. R. 520; 119 Fed. 246. On re-opened estate. Appointment may not be collaterally attacked. Fowler v. .Jenks. 1 1 Am. B. R. 255. . Referee cannot appoint unless creditors have failed to do so. In re Newton (C. C. A. 8th Cir.), 6 Am. B. R. 52; 107 Fed. 429; 46 C. C. A. 399. 316 FOKMS IN BANKRUPTCY. FORM No. 188. NOTICE OF MEETING TO ELECT NEW TRUSTEE. United States District Court, District of Ix THE Matter OF Bankrupt. No. To the creditors of the above named liaBkrupt: A vacancy in the office of the Trustee herein having been caused by the death of the former Trustee , notice is hereljy given that a special meeting of creditors will be held at the office of , Eef eree in Bankruptcy, Street, , on the of , 19 . . . , at o'clock in the noon, at which time the creditors may attend, appoint a new Trustee and transact such other business as may properly come before the said meeting. Referee in BanJcruptcy. Street, FORMS IN BANKRUPTCY. 317 FORM No. 199. DEMAND FOR SECURITY FOR COSTS FROM TRUSTEE, PLAINTIFF. County of Couit, in Bankruptcy of • ., as Trustee against Plaintiffs 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 brousht upon a cause of action claimed by him to have arisen, " before the assignment, the appointment of the trustee, or tii^i adjudication in bankruptcy." Dated, , , , 19. .. Attorney for Defendant, Office and P. 0. Address, Street, City of To Esq., Atiornei/ for Plaintiff, Street, City of 318 FORMS I?^ BANKRUPTCY. FORM No. 200. 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. a.s 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 hrought 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 sufhcient 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, ($250), 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 tliis 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. bated, ,19... J. FORMS IN BANKRUPTCY. 319 NOTES. Security for costs (X. 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. Ratf, 9 Am. B. R. 227; 75 App. Div, (X. Y.) 447; modfg Joseph v. Markley, 8 Am. B. R. 18; 73 App. Div, (X. Y.) 156. Jordan v. Bridges, 12 Am. B. R. 626; 113 Fed. 107. Cole V. Manson, 42 Misc. (N. Y.) 149; 85 X. Y. Supp. 1011. \Vhen a trustee sues to set aside an alleged fraudulent conveyance by tlie bankrupt, the cause of action is not one, "Arising before the assignment, the appointment of the trustee or the adjudication in bankruj)tcy " as specified in Code Civ. Pro. sec. 3268 (4). Riker v. Owynne (X. Y. Sup.), 21 Am. B. R. 95; 129 App. Div. (X. Y.) 112. Xon-rcsident trustee may be required to furnish under rule of court. Osborne v. Pennsylvajiia R. Co., 20 Am. B. R. 277. "A trustee 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. Dubroflf and others (App. Div. 2nd Dept.), 136 App. Div. (X. Y. I 8; citing Kronfeld v. Liebman, 78 App. Div. (X. Y.) 437. Adsit V. Butler. 87 X. Y. 585. Prentiss v. Bowden, 145 X. Y, See also: Kielly v. Schreier Thomas 342. Rosenberg, 57 App. Div. (X. Y.) 408. V. Hogan, 70 App. Div. (X. Y.) 2; 74 X. Y. -. Roddy, 19 Am. B. R. 873; 122 App. Div. Supp. 1051. (X. Y.) 851. FORM No. 201. ORDER DIRECTING TRUSTEE TO FILE TINAT. ACCOUNT. United States District Court, District of . . In Bankruptcy. In the Mattek OF BnnlTupf. r Xo. a creditor of the above named bankrupt whose claim has been filed and allowed herein, havincf made application to this Court U)V 320 FOKMS IX BAXKEUPTCY. au order requiring , Esq., the trustee in bankruptcy herein, to file his final account and it appearing that one year has expired since the adjudication herein and no valid reason having ])een offered why this estate should not be closed, now upon reading and filing the petition of verified the day of , 19 . . ., it is Ordered, that trustee of the above named bankrupt file his final account as such trustee in the otfice of the referee herein on or before the day of ,19... Dated , 19... Referee in Banlruptcij. FORM No. 202. [Official.^ TRUSTEE'S RETURN OF NO ASSETS. United States District Court, for the District of In Bankruptcy. In thk Matter OF Bankrupt. Xo. 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 alcove 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. 10... j NOTES. Tn aoTTip hirisdictinns rcforoos require as an aflditional clause. \" and ro assets are discoverable."! FORMS IN BANKRUPTCY. 321 FORM No. 203. TRUSTEE'S REPORT, FINAL ACCOUNT AND OATH TO SAME. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Bankrupt. Xo. To Esq., Referee in Bankruptcy : I, , do hereliv 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 l^ankrupt, held at the office of the referee on , 19. ., I was appointed trustee of the estate of the bankrupt and duly qualified. 2. That I retained as my attorney Esq., of 3. 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 l^een duly filed and allowed. 4. That all of the property l^elonging to this estate has now been reduced to cash and the administration thereof practically completed. 5. That the following matters have received my attention since the date of my first report : C). ]\Iy 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 for distribution amounting to $ 7. I state my lawful commissions as trustee at $ All of which is respectfully submitted. Dated , 19... ' > Trustee. 322 FOEMS IN BANKRUPTCY. United States District Court, for the District of In Bankruptcy. Ix TiiE Mattk;k OF Banlrupf Final Account of No. Trustee. 19 . . I charge myself as follows : Total 19. . I credit myself as follows: Total SUMMARY. Total Receipts, Total Disbursements, Balance in hands of trustee. Dated , 19... Trustee. FORMS IN BANKRUPTCY. 323 OATH TO FINAL ACCOUNT. [Official.] In the District Court of tlie United States for the . of In Bankruptcy. District In the Mattku OF Bankrupt. No. On this (lay of , A. D. 19 ... , hefore 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 first 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. Trustee. Subscribed and sworn to l)efore me at , in said , district of , this day of , A. D. 19 , 72. NOTES. General Order XVII. Final account. Act. Sec. 2, (8), 47, (7), (8), 48-a, e, 49, 58, 65. Any time subsequent to four months after adjudication. In re Eldrcd. 19 Am. B. R. 52; 155 Fed. 686. Tn re Bell Biano Co. (D. C. N. Y.), 18 Am. B. R. 183; 155 Fed. 272. In re Stein. 1 Am. B. R. 662; 94 Fed. 124. Filinfj may be compelled. O'Conor v. Sunseri (C. C. A. 3rd Clr.), 26 Am. B. R. 1 ; 184 Fed. 712; 107 C. C. A. When petition to review should be dismissed. In re Scherr, 14 Am. B. R. 794; 138 Fed. 695. 324 FOKMS IN BANKRUPTCY. 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, 24 Am. B. R. 135; 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, 22 Am. B. R. 249; 177 Fed. 522. In re Olmsted (D. C. Haw.), 32 Am. B. R. 344. In re Carotliers & Co., 27 Am. B. R. 921; 193 Fed. 087. In re Eden Musee American Co. (D. C. N. Y.), 36 Am. B. R. 111. Not liable as trustee for injuries to property of another, while conducting bank- rupt's business without an order authorizing continuance of business. McCauley v. Jackson (N. Y. App. Div.), 34 Am. B. R. 371; 165 App. Div. (N. Y.) 846; 151 X.Y. Supp. 120. Surcharged for mismanagement or dishonesty. In re Monsarrat (D. C. Haw.), 25 Am. B. R. 820. Faynient of unauthorized allowances by referee to himself. In re Borger (Dist. of Col. Sup. Ct.), 35 Am. B. R. 238. 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 & Bridgeman (C. C. A. 5th Cir.), 21 Am. B. R. 651; 166 Fed. 689; 92 C. C. A. 285. Exceptant must move promptly in obtaining a review or he will be deemed to have acquiesced. In re Scherr, 14 Am. B. R. 794; 138 Fed. 695. Act. Sec. 58-a (6). Accounts of trustee. — E.xamination of by referee. In re Baginsky, Michel & Co., 2 Am. B. R. 243. In re Fullick, 28 Am. B. R. 634; 201 Fed. 463. In re Byerly, 12 Am. B. R. 186; 128 Fed. 637. 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. Deficiency incurred in conducting business of bankrupt allowed as a preferred claim. In re Prince & Walter, 12 Am. B. R. 675; 131 Fed. 546. FORMS IN BANKRUPTCY. 325 FORM No. 204. EXCEPTIONS TO TRUSTEE'S ACCOUNT. United States District Court, for the District of 111 Bankruptcy. In the Matter OF No. Bankrupt. , a creditor and person interested in the aliove entitled estate appearing by , his attorney, hereby excepts to the trustee's account filed herein in the following particulars : I. He excepts to the following items of expenditure as unnecessary, unwar- ranted and unlawful, viz. : and asks that the said trustee be surcharged therewith. IT. He excepts to said account on the ground that the trustee has failed to account for the following assets belonffinff to this estate :. III. He excepts to said account on tlie ground that the said trustee has wasted and negligently lost the following assets Ijelonging 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 , If)... Creditor. [Verification.] NOTES. Compensation of trustee. Sees. 48-(a), (b), (c), (e), 72. Cross-references, Sees. 2, (5), 51, (2). General Order XXXV., (3). See, Rule XXII, So. Dist. of N. Y. and 8 of Instruc- tions to Referees. 32G FORMS IX BANKRUPTCY. Commissions on "All monies disbursed," or turned over to any person, including lien holders. Basis for determination. In re J. M. Fiske & Co. (D. C. N. Y.), 31 Am. B. R. 736; 209 Fed. 982. In re Smith (C. C. A. 6th Cir.), 29 Am. B. R. 628; 203 Fed. 369; 121 C. C. A. 485. Application determined by law as it stood at time of appointment. In re Screws, 17 Am. B. R. 269; 147 Fed. 989. In encumbered property. In re Sanford Furniture Mf'g Co., 11 Am. B. R. 414; 126 Fed. 888. In re Muhlhauaer Co., 9 Am. B. R. 80. In re Cramond (D. C. N. Y.), 17 Am. B. R. 22; 145 Fed. 966. In re Hicks (Ref. Tex.), 27 Am. B. R. 168. In re Baughman (D. C. So. Car.), 20 Am. B. R. 811; 163 Fed. 669. Denied in pledged stock in hands of pledgee. In re Meadows (D. C. N. Y.), 29 Am. B. R. 165; 199 Fed. 304. ^\nien no surplus. Smith V. Township of Au Ores (C. C. A. 6th Cir.), 17 Am. B. R. 745; 150 Fed. 257; 80 C. C. A. 145. In re Bourlier Cornice and Roofing Co., 13 Am. B. R. 585; 133 Fed. 958. 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. American Surety Co. v. Freed (C. C. A. 3rd Cir.), 35 Am. B. R. 103; 224 Fed. 333. None on secured creditor's claim. In re Anders Push Button Telephone Co. (D. C. N. Y.), 13 Am. B. R. 043; 136 Fed. 995. A trustee who is an attorney at law not allowed additional compensation for legal services performed by himself. In re Van Denburg (D. C. O.). 34 Am. B. R. 521; 221 Fed. 475. When entitled to full commissions. In re Morse Iron \Vork9 and Dry Dock Co. (D. C. N. Y.), 18 Am. B. R. 846; 154 Fed. -214. FORMS IN BANKRUPTCY. 327 FORM No. 205. PETITION OF ATTORNEY FOR TRUSTEE FOR AN ALLOWANCE FOR SERVICES AND FOR A CERTIFICATE FOR ADDITIONAL COMPEN- SATION. (LOCAL RULE.) District Court of the United States, for the District of In Bankruptcy. Ix THE Matter OF No. Banlrnpt. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : 1. That he is the attorney for the trustee herein. 2. That on the day of , 19 . . , was duly appointed trustee in bankruptcy herein and duly qualified. That there- after and on or about the day of your petitioner was duly retained by the said trustee to act as his attorney in the administration of the estate and has since continued to r-ct in such capacity. 3. That your petitioner has rendered a large amount of services to tliis estate which are enumerated as follows : [Set forth explicitly and in detail showing amount of time involved.] 4. That the trustee's final account herein sliows that he has received a total of $ and has disbursed the sum of $ , leaving a balance in his hands for distribution of $ 5. That petitioner has received no compensation for his services rendered to this estate as above set forth and has incurred necessary disbursements and expenses of $ , a schedule of which is hereto annexed. 6. Petitioner respectfully submits that his services in view of the amount of time and work involved and results attained entitle him to a greater amount of compensation than the referee is empowered to grant under the rule of this court. Wherefore, petitioner prays for such allowance for his services as to the court may seem just and ])roper. that his disbursements be allowed and that 328 FOKMS IN BANKRUPTCY. tlie rcierce herein grant him a certificate for additional compensation as pro- vided bv Eule of this district. Petitioner. [Verification.] FORM No. 206. CERTIFICATE OF REFEREE FOR ADDITIONAL, COMPENSATION TO ATTORNEY FOR TRUSTEE (SOUTHERN DISTRICT OF NEVT YORK). United States District Court, District of : In Bankruptcy. In the Matter OF BanWupt. To the IIonora])le Judges of the United States District Court, for the Southern District of New York : I, , referee in bankruptcy, in charge of this case do hereby certify as follows: That the bankrupt herein was a corporation organized and existing under the laws of the State of , and having its principal place of business at Xo street, in the Borough of , city of , where it was engaged m the manufacture and sale of That said company was duly adjudicated a bankrupt on the day of , 19 . . , and on tlie day of , 19 . ., at the first meeting of creditors held before me, , was elected trustee and duly qualified. That on the day of , 19 . ., the said trustee filed his final account with the vouchers in support thereof and on said day, , attorney for said trustee filed with me an application for allowance for his services as such attorney and praying for additional compensation. Due notice was given to all of the creditors herein of a meeting to consider such application and pass on the trustee's account. That such meeting was duly held at my office on FORMS IN BANKRUPTCY. 329 , 19. ., aud no objections were made or filed to such account. The trustee in his final account charges himself with having received a total of $ and credits himself with having disbursed the sum of $ , leaving in his hands a balance of $ That the commissions of the trustee herein amount to the sum of $ That it appears by the petition of , the attorney for the trustee, that he has acted continuously as such attorney, from , 19 . . , to date, a period of more than years, and has brought a suit against and others, to recover assets in large amount alleged to have been diverted from said corporation prior to the adjudication, and con- cealed. That such suit was instituted in the Court of and resulted in a substantial recovery for the estate. That the amount of time employed l)y counsel in the conduct of this suit may be summarized as follows : That this involved the preparation of the bill in equity, taking out of commis- sions to take testimony in various states, preliminary motions and the actual trial of the case on the day of , resulting in a decree in favor of the trustee upon which the estate realized the sum of $ That it also appears by the petition of said attorney for the trustee that he conducted a lengthy examination of the officers of the bankrupt and other witnesses at the first meeting of creditors and adjournments thereof before the referee and also special examinations under orders obtained upon application under section 21-a, involving days of attendance before the referee. It also appears that the said attorney collected the outstanding accounts entailing correspondence with debtors in various parts of the country ; that he investigated a pending suit of the bankrupt against in , and advised the trustee with reference to same. lie also lirought proceedings on behalf of the trustee to re-examine different claims filed in the referee's office, each of which was an independent proceeding, and are set forth in detail in the attorney's petition wiib the ultimate dis])osition of each proceeding. These re-examinations involved an unusual amount of time and work for the trustee's attorney and were of sub- stantial benefit in reducing the amount of claims presented against the estate. He also prepared petition and order for sale of bankrupt's effects and bill of sale thereon, and the various reports and final account of the trustee. He also rendered the general and ordinary services of the attorney for the trustee- That in view of the facts presented and the amount of services rendered, I am of the opinion, that the sum of $ which is the maximum amount that may be allowed by the referee is inadequate compensation for the services rendered and that the attorney for tlie trustee herein, , is entitled to roceivo for hip services as such attorney a sum in excess thereof and 330 FOEMS IX BAXKRUPTCY. is granted permission to apply to the Court for such additional compensation as to the Court may seem proper. That this certificate is made in pursuance of Rule 8 of instructions to referees in bankruptcy. Dated , 19. .. Respectfully submitted. Referee in Bankruptcy. FORM No. 207. ORDER ALLO\(riNG ADDITIONAL COMPENSATION TO ATTORNEY FOR TRUSTEE. 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 thu Matter OF Banl-riipf. r No. , the attorney for the trustee herein, having presented his duly verified petition praying that he be allowed additional compensation for services rendered by him to the trustee in this proceeding, and a meeting of creditors having been duly held after due notice of the filing of said petition, and the referee having filed his certificate to the effect that in his opinion, said attorney is entitled to additional compensation, and a motion having been duly made by the said attorney for an order fixing and allowing same, now upon reading and filing the certificate of .• , Esq., Referee, dated , 19 . . , the petition of verified ID. ., and upon all the proceedings had herein, and no FORMS IN BANKRUPTCY. 331 one appearing in opposition thereto, it is on motion of , attorney for the trustee herein, Ordered, that the said attorney for the trustee l)e and ho lierehy is allowed additional compensation and the trustee is hereby directed to pay to him out of the funds in his hands l)elonging to the estate, the sum of dollars in addition to amount heretofore allowed by the referee herein. • J D.J. FORM No. 208. TRUSTEE'S FINAL REPORT. United States District Court, District of In Bankruptcy. In the JVIattek OF Banlrupt. No. To Esq., Referee in Bankruptcy : T trustee in l^ankruptcy of the above named liankrupt do herel)y 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. T respectfully y)ray that an order be made herein discharging me of my trust and directing that my bond be cancelled. Dated , 19... Trustee. [Verification.] 332 FORMS IN BANKRUPTCY. FORM No. 209. ORDEK DISCHARGING TRUSTEE. United States District Court, District of In Bankruptcy. In the Matter OF BanlrupL y No. An order liaving l)een heretofore made in this proceeding passing the account of , the trustee herein, and directing him to make certain 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 pay- ments directed hy said order have been duly made, and that he has no further assets in his hands and none is discoverable, it is Ordered, that the said report be and the same herel)y 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 Banlcruptcy. NOTES. Jud^e has power to vacate. Brown v. Persons, 10 Am. B. U. 416; 122 Fed. 212. PART VI. EXAMINATION OF WITNESSES AND DEPOSITIONS. Form No. 210. Petition by Receiver for Examination under Sec. 21-a before Special Commissioner. 211. Order for Examination tiiereon. 212. Order for Examination of Bankrupt. 213. Petition by Trustee for Order of Examination of Witness and for Subpoena. 214. Order for such Examination and that Subpoena issue. 215. Petition that U. S. Marshal produce Prisoner for Examination. 216. Order that ilarslial produce Prisoner for Examination. 217. Subpoena to appear before Special Commissioner. 218. Subpoena Ticket. 219. Summons to \Mtness to appear before Referee. 220. Subpoena Duces Tecum. 221. Return of Summons to Witness. 222. Examination of Bankrupt or Witness. 223. Petition that Witness sij|;n Testimony before Referee. 224. Order that Witness sign Testimony. 225. Petition for Leave to obtain Ancillarj' Order of Examination. 226. Order granting Leave to apply for Ancillary Order of Ivixiimination. 227. Petition in Court of Ancillary Jurisdiction for Order of Examination. 228. Order of Examination in Court of Ancillary Jurisdiction. 229. Notice of taking Deposition {De Dene Esse). 230. Deposition (De Bene Esse). 231. Certificate of Commissioner or Notary Public thereon. FORM No. 210. PETITION BY RECEIVER FOR EXAMINATION UNDER SEC, 21-a BEFORE SPECIAL COMMISSIONER. United States District Court, District of : In Bankruptcy. In the I\ Latter OF Banlcrnpt. No. To the District Court of the United States, for the District of . . [333] 334 rOKMS IX BAXKKUPTCY. The petition of respectfully shows and alleges : 1. That on or about the clay of , 19 . ., a petition in involuntary 1)ankruptcy was tiled bv 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 and other matters pertaining to the adminis- tration of the estate. 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.] FORMS IN BANKRUPTCY. 335 FORM No. 211. ORDER FOR EXAMINATION THEREON. At a Stated Term of the District Court of tlie United States for District of held at the United States Court House, City of , on the day of ,19. Present : Hon , District Judge. Ix THE Matter OP Banlrupt. On reading and filing the petition of , temporary receiver herein, verified the day of , 19. ., the })etition in bankruptcy and all the ])roceedings heretofore had herein and pufficient 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 Commissioner 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. D.J. NOTES. Examination of witnesses. Sec. 21-a, 7 (9). Cross References. Sees. 12, 20, 38 (2) (5) 39 (5) (9) 41-a (3) (4) 58-a (1). General Orders IV, X, XII (1), XXII. Authority for Examination under 21-a. When authorized before adjudication; Estate in process of administration. Cameron v. United States (U. S. Sup.). 31 Am. B. R. 604: 231 U. S. 710; 58 L. Ed. 448; rev'g on other prounds, s. c. 27 Am. B. R. 657; 192 Fed. 548; 113 C. C. A. 20. In re Howard (D. C. Cal.), 2 Am. B. R. 582; 95 Fed. 415. In re Fleischer (D. C. N. Y.), 18 Am. B. R. 194; 151 Fed. 81. 336 FORMS IN BANKRUPTCY. Rawlins & Rawlins v. Hall-Epps Clothing Co. (C. C. A. 5th Cir.), 33 Am. B. R. 237; 217 Fed. 884; 133 C. C. A. 594. Within discretion of court. In re Andrews, 12 Am. B. R. 267; 130 Fed. 383. Contra. Skubinsky v. Brodek et al. (C. C. A. 3d Cir.), 22 Am. B. R. 630; 172 Fed. 332; 97 C. C. A. 116. 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. Who may apply for examination. The bankrupt, creditor or any officer may ajiply. " Officer " includes receiver. In re Fixen, 2 Am. B. R. 822; 96 Fed. 748. Even though creditor has not proved his claim. In re Rose, 19 Am. B. R. 169; 163 Fed. 636. In re Walker, 3 Am. B. R. 35; 96 Fed. 550. In re Jehu, 2 Am. B. R. 498; 94 Fed. 638. In re Samuelsohn, 23 Am. B. R. 528; 174 Fed. 911. In re Kuffler. 18 Am. B. R. 587; 153 Fed. 667. \Mien application may 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. In application for order to examine the bankrupt or a third person not necessary to set forth the questions to be asked or particular facts or transactions to be inves- tigated. In re Bryant. 26 Am. B. R. 504; 188 Fed. 530- Jn re Howard, 2 Am. B. R. 582; 95 Fed. 415. Who may be examined. Any designated person; assignee or receiver under State law included. In re Pursell. 8 Am. B. R. 96; 114 Fed. 371. People's Bank v. BroAvn (C. C. A. 3rd Cir.), 7 Am. P.. 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 I>d. 540. 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. Privilege from service of process in State court while attending meeting of cred- itors under subpoena. Powell V. Pangborn (X. Y. App. Div.), 31 Am. B. 11. 63;); 101 Api>. Div. (X. Y.) 453; 145 X. Y. Supp. 1073. 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. 221. Examination for purpose of framing specifications in opposition to discharge. In re Price, 1 Am. B. R. 419; 91 Fed. 635. Examination of wife of bankrupt since amendment of 1903. What latitude allowed. In re Worrell. 10 Am. B. R. 744; 125 Fed. li>9. See, Act of June 29, 1906, amending Rev. Stat. Sec. 858. In re Kessler (D. C. Pa.), 35 Am. B. R. 30; 225 Fed. 394. Bankrupt entitled to counsel. In re Hark Bros., 14 Am. B. R. 624; 1.36 Fed. 986. Witness other than bankrupt not entitk^ to counsel as matter of riglit. FORMS IN BANKRUPTCY. 337 In re Cobb, 7 Am. B. R. 104. In re Howard (supra). In re Abbey Press (C. C. A. 2nd Cir.) (supra). Special commissioner may administer oath to ■witness. Wechsler v. U. S., 19 Am. B. R. 1; 158 Fed. 579; 86 C. C. A. 37. And should be present at hearing to personally see and hear witnesses. In re Rubin & Lipmun (D. C. N. Y.), 32 Am. B. R. 295; 215 Fed. 669. Scope of examination. Great latitude allowed. In re Morgan & Slattery (C. C. A. 2nd Cir.), 3 Am. B. R. 253; 98 Fed. 414; 39 C. C. A. 118; aff'g, s. c. 97 Fed. 319. In re Foerst, 1 Am. B. R. 259; 93 Fed. 190. In re Pittner, 2 N. B. X. Rep. 915. In re Carley, 5 Am. B. R. 554; 106 Fed. 862. In re Harden, 1 Am. B. R. 670; 96 Fed. 199. In re Brundage, 4 Am. B. R. 47; 100 Fed. 613. In re Fi.xen, 2 Am. B. R. 822; 96 Fed. 748. Wechsler v. United States (C. C. A. 2nd Cir.), 19 Am. B. R. 1; 158 Fed. 579; 86 C. C. A. 37. In re Lathrop, Haskins & Co. (D. C. N. Y.), 24 Am. B. R. 911; 184 Fed. 534. In re Straschnow (C. C. A. 2nd Cir.), 24 Am. B. R. 948; 181 Fed. 337; 104 C. C. A. 167. Examination not extended to property acquired after filing of petition. In re Hayden (supra). In re White, 2 X. B. X. Rep. 536. But see. In re Walton, 1 X. B. X. 533. Meaning of words in statute, " concerning the property of the Ijankrupt." In re Seligman (D. C. X. Y.), 26 Am. B. R. 664; 192 Fed. 750. Impeaching credibility of hostile witness. Hankinson v. Vantine, 152 X. Y. 20, 27. In re Calvi (D. C. X. Y.), 26 Am. B. R. 206, 219; 185 Fed. 642. Power to pass upon evidence. In re Automatic Musical Co., 30 Am. B. R. 328; 204 Fed. 33 1. Committed for contempt owing to contumacy and pretended lack of memory. In re Schulman, 21 Am. B. R. 288; 160 Fed. 237; aff'd, 23 Am. B. R. 809; 177 Fed. 191; 101 C. C. A. 3G1. Criminating questions. Counselnuui v. Hitchcock (U. S. Sup.), 142 U. S. 547. In re Kanter & Coiien, 9 Am. B. R. 104; 117 Fed. 356. In re Hooks Smelting Co., 15 Am. B. R. S3, 13S Fed. 054. 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. H. 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: 42 C. C. A. 427. In re Henschel, 7 Am. B. R. 207. In re Shera, 7 Am. B. R. 552; 114 Fed. 207. In re Xachman, 8 Am. B. R. 180; 114 Fed. 995. In re Franklin Syndicate, 4 Am. B. R. 511; 114 Fed. 205. United States v. Brod, 23 Am. B. R. 740; 176 Fed. 165. In re Feldstein, 4 Am. B. R. 321; 103 Fed. 260. lu re Bendheim (D. C. X. Y.), 24 Am. B. R. 2.54; 180 Fed. 918. Does not exempt Ixinkrupt 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. 282; United States v. Simon, 17 Am. B. R. 41; 146 Fed. 89. Waiver of privilege. 338 FOKMS IX BAXKEUPTCY. In re Bendheim {supra). In re Tobias Greenthal & Mendelson, 31 Am. B. R. 889; 215 Fed. 815. When court is convinced that the answer to question cannot by any reasonable possibility incriminate, witness should be compelled to answer. In re Levin (D. C. X. Y.), 11 Am. B. R. 382; 131 Fed. 388. Privileged communications. In re Ruos, 20 Am. B. R. 281; 159 Fed. 252. People's Bank v. Brown (C. C. A. 3rd Cir.), 7 Am. B. R. 475; 112 Fed. 652; 50 C. C. A. 411. In re Jefferson, 3 Am. B. R. 174; 96 Fed. 826; In re Mayer, 3 Am. B. R. 222; 97 Fed. 328. Use of examination in other proceedings. Wechsler v. United States (C. C. A. 2nd Cir.), 19 Am. B. R. 1 ; 158 Fed. 579; 86 C. C. A. 37; revg 16 Am. B. R. 1. In re Wilcox, 6 Am. B. R. 362; 109 Fed. 628; 48 C. C. A. 567. 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. In reclamation proceedings after death of bankrupt his testimony at first meeting admissible. In re Thompson (D. C. X. J.), 28 Am. B. R. 794; 197 Fed. 681. When evidence taken on general examination under 21 -a is admissible in discharge proceeding. In re Malschick. 33 Am. B. R. 214; 217 Fed. 492. Shaffer v. The Koblegard Co. (C. C. A. 4th Cir.), 24 Am. B. R. 898; 183 Fed. 71; 105 C. C. A. 363; aff'g In re Shaffer, 22 Am. B. R. 147; 169 Fed. 724. When inadmissible. In re Xational Boat & Engine Co., 33 Am. B. R. 154; 216 Fed. 208. See Collier (10th Ed.), p. 331. Use of stenographer's notes of testimony given by bankrupt at first meeting not read to witness or signed by him is admissible against him in a contempt proceeding when stenographer who took the notes is called and attests to their accuracy. In re Kaplan Bros. (C. C. A. 3rd Cir.), 32 Am. B. R. 305; 213 Fed. 753; 130 C. C. A. 267. FORMS IN BANKRUPTCY. 339 FORM No. 212. [Official.] ORDER FOR EXAMINATION OF BANKRUPT. In the District Court of the United States, for the District of . In Bankruptcy. In thk ]\Iatter OF Banlrupt. Y Xo. At , on the day of , A. D. 19.. I'pon the application of , trustee of said liankrupt [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 sul)mit 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. Beferee in Bankrwptcy. NOTES. This form is little used. As a matter of practice the bankrupt is examined at the first meeting of creditors or adjournments thereof without formal order. Examination of bankrupt. Sec. 7 (9). In re Mellen, 3 Am. B. P.. '22(5: <)7 Fed. 326. For framing specifications upon discharge. Tn re Price, 1 Am. B. R. 41<); m Fed. 635. Examination of bankrupt after discliarge and while estate is in process of admin- istration. Tn re Westfall Bros. & Co., 8 Am. B. R. 431. See, Tn re I^eters, 1 Am. B. R. 248. His duty to testify fully. In re FelhTman. 17 Am. B. R. TSo; 140 Fed. 244. In re Jacobs & Roth, 18 Am. B. R. 728; 1.54 Fed. 988. !May be punished for persistent evasive answers. Tn re Singer, 23 Am. B. R. 2S ; 174 Fed. 208. A creditor even tliough he has not filed a claim is entitled to examine a bankrupt under the provision of Sec. 7-a. 340 FOEMS IX BAXKKUPTCY. In re Samuelsohn (D. C. X. Y.), 23 Am. B. R. 528; 174 Fed. 911. How testimony taken is in discretion of referee. In re Goldstein, 19 Am. B. R. 96; 155 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. 60S; 71 C. C. A. 592. 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; 175 Fed. 292. Revival of proceedings for examination in discretion of court. In re Bryant, 26 Am. B. R. 504; 188 Fed. 530. Correction of testimony. In re Hark Bros., 14 Am. B. R. 624; 136 Fed. 986. FORM No. 213. PETITION BY TRUSTEE FOR ORDER OF EXAMINATION OF AVITNESS AND FOR SUBPOENA. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Banl-rupt. Xo. To , Esq., Beferee 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 has 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 condition of this estate). 3. That upon information and belief certain pa\Tnents were made to of which petitioner believes to have been preferential (or certain property has been transferred to within the last three months which petitioner desires to investigate). FORMS IN BANKRUPTCY. 341 4. That in the opinion of your petitioner of , of and of , have certain information concerning the acts, conduct of said bankrupt and the property of the said bankrupt estate now in process of administration and that the persons aforesaid are in possession of certain papers which projjcrly belong to this estate or would throw light on said transactions. 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 (duces tecum) be issued by the clerk of this court directed to such persons. relitioner. [Verification.] FORM No. 214. ORDER FOR EXAMINATION AND TKAT SUBPOENA ISSUE. United States District Court, for the District of : In Bankruptcy. In the ]\1atter OP No. Banl-rupt. On reading and filing the ])etition 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 of the bankrupt and property belonging to the bankrupt estate herein now in process of administration, at my office, No Street, City of , and that a subpoena be issued by the clerk of this court directed to such persons requiring them to be present at the time designated in said subpoena. Dated , 19. .. Referee in Bankruptcy. 342 FOKMS IN BANKRUPTCY. FORM No. 215. PETITION THAT U. S. MARSHAL PRODUCE PRISONER FOR EXAMINA- TION. United States District Court, for the District of : In Bankruptcy. In the IMatter OF BanliTupf. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : That he is the receiver of the ahove named bankrupt. That heretofore, and on the day of , 19 . . , an order was duly made and entered herein appointing , Esq., as Special Commissioner, to take the examination of , , , and others, and directing said persons named to appear before said Commissioner at a time and place thereafter to he fixed, to be there and then examined under oath concerning the acts, conduct and property of the bankrupt, and that a subpoena issue to said per- sons 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 suljpoena 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 accord- ance with the order heretofore entered herein, and respectfully prays this TTonorable Court, that an order be made and entered herein directing the FORMS IN BAMvKUPTCY. 343 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 ::il-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. [\'eri(ication.] FORM No. 216. ORDER THAT MARSHAL PRODUCE PRISONER FOR EXAMINATION. 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. Ix THE Matter OF Banlrnpt. Xo. T^'pon reading and fding the annexed ])etition of , duly verified, and all the proceedings heretofore had herein and sufficient rea- son appearing therefor, it is, on motion of , Attorney for peti- tioner. Ordered, that , the United States Marshal for the District of , be, and he hereby is, directed to bring and produce , and before , Esq., a commissioner of this court, at his office Xo. in the City of , on the day of ID. ., at o'clock in the noon of said day, to testify all and singular vv-ith reference to the acts, conduct and property 344 FOEMS IX BAXKRUPTCY. of , bankrupt, and at such other times and places as the said commissioner may direct. D. J. NOTES, ilay also be procured, particularly when confined by order of State court, by writ of habeas corpus ad testificandum. In re Thaw, 21 Am. B. K. 561; 166 Fed. 71, and 22 Am. B. R. 687; 172 Fed. 288. FORM No. 217. SUBPOENA TO APPEAR BEFORE SPECIAL CQMMISSIONER. The President of the United States of America, to Geeetixg : "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 pending 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 5'ear of our Lord one thousand nine hundred and Clerh FORMS IN BANKRUPTCY. 345 FORM No. 218. SUBPOENA TICKET. By virtue of a writ of subpoena, to you directed and herewith shown, you are comniaiided 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 jn 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 wherein 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 XOTES. 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. Examination of non-resident witness — how procured. In re Robinson (D. C. Minn.). 24 Am. B. R. 617; 179 Fed. 724. Witness fee $1.50, and mileage. Payment of fees. In re Johnson & Knox Lumber Co. (C. C. A. 7th Cir.), IS Am. B. R. 50; 151 Fed. 207; SO C. C. A. 259. In re Marcus (D. C. Vt.), 20 Am. B. R. 397; 160 Fed. 229. Privilege of witness from service of process in State court while attending meeting of creditors. Powell V. Pangborn fX. Y. App. Div.), 31 Am. B. R. 650; 161 App. Div. (N. Y.) 453; 145 N. Y. Supp. 1073. See, as to such service in suit in Federal court. In re Smith Construction Co. (D. C. Ga.), 35 Am. B. R. 227; 224 Fed. 228. Proof of service by return of marshal or affidavit. Disobedience of subpoena. In re Boeshore, 10 Am. B. R. 802. \^Tiere there has been no payment or tender of expenses and fees to a witness subpoenaed 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 (D. C. Pa.), 10 Am. B. R. 747. 346 FORMS IX BANKRUPTCY. FORM No. 219. SUMMONS TO \(riTNESS 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 TX BAXKRFPTCY. 347 FORM No. 220. 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 tiie City of on the day of at o'clock in tlie 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 you have in your custody or power concerning the premises. And for a failure to 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. 348 FOEMS IN BANKRUPTCY. NOTES. Production of books and papers. In re Ik-ss, 14 Am. B. 11. 559; 134 Fod. 109 and 136 Fed. 988. In re Hart, 14 Am. B. R. 624; 136 Fed. 986. In re Rosenblatt, 16 Am. B. R. 306; 143 Fed. 663. In re E. S. Wheeler and Co. (C. C. A. 2d Cir.), 19 Am. B. R. 461; 158 Fed. 603; 85 C. C. A. 425; rev'g 18 Am. B. R. 421. In re Sapiro, 1 Am. B. R. 296; 92 Fed. 440. In re U. S. Graphite Co. (D. C. Pa.), 20 Am. B. R. 280; 159 Fed. 300. Order should be specific and certain. Rawlins and Rawlins v. Hall Epps Clothing Co. (C. C. A. 5th Cir.), 33 Am. B. R. 237; 217 Fed. 884; 133 C. C. A. 594. Hale V. Henkel (U. S. Sup.), 201 U. S. 43-76. Failure to produce, punishable as a contempt. In re Alper (D. C. N. Y.), 19 Am. B. R. 612; 162 Fed. 207. Referee lias power to make order for production of, during progress of examination. Subpoena duces tecum not tlien necessary. In re Soloway and Katz, 28 Am. B. R. 228; 195 Fed. 100; and on further review s. c. 28 Am. B. R. 345; 195 Fed. 103. Order compelling bankrupt to turn over books to a receiver in bankruptcy not an infringement of constitutional rights as self-incriminating evidence. In re Harris (U. S. Sup.), 26 Am. B. R. 302; 31 Sup. Ct. 557; 221 U. S. 274; 55 L. Ed. 732; afT'g as certified. In re Harris (D. C N. Y.), 20 Am. B. R. 911; 164 Fed. 292. Not a question of rights, but of yielding property to whicli bankrupt is no longer entitled, s. c. See, Counselman v. Hitchcock, 142 U. S. 547. Waiver of self-incriminating testimony by surrender of books to bankruptcy" oflficer. In re Tracy and Co. (D. C. N. Y.), 23 Am. B. R. 438; 177 Fed. 532. Sworn statement to tax assessor. In re Reid, 17 Am. B. R. 477; 155 Fed. 933. Ancillary order. Wlitrc 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 jurisdiction and may order ollicers 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. Butcher et al. (U. S. Sup.), 23 Am. B. R. 519; 216 U. S. 102; 54 L. Ed. 402; 30 Sup. Ct. Rep. 372. See, Amendment of 1910, Sec. 2 (20). FORMlS li\ BANKRUPTCY. 349 FORM No. 221. RETURN OF SUMMONS TO "WITNESS. In tlie Distiict Court of the Ignited States for the District of , In JJankruptcy. Xn" the Matter OF Iiankrii}>t V No. On this day of , A. D.19.., before me comes , of , in the county of and State of , and nuxkes oath, and says that he did, on , the day of A. D. 19. ., personally serve , of , in the Tounty of and State of , with a true copy of the summons hereto annexed, by delivering the same to him ; and he furtlier makes oath and says that he is not interested in the proceeding in hankruptcy named in said siimmons. Subscribed and sworn to before me, this A. D. lU... day of 350 FOEMS IX BANKRUPTCY. FORM No. 222. [Official.] EXAMINATION OF BANKRUPT OR W^ITNESS. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF Banlrupt. ' No. At in said district, on the day of , A. D., 19. . . before , one of the referees in bankruptcy of said court, lieing 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 dav 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 Sannielsolin. 23 Am. B. R. 52S; 174 Fed. 911. Referee not required to take notes of testimony personally or incur expense for clerical or stenographer's services without indemnity therefor. He should supervise the examination at expense of party taking it or he may allow it to be taken by the parties themselves. In re Warzawiak, 1 National Bank'r News, 135. FOliMS IN BANKEUPTCY. 351 FORM No. 223. PETITION THAT WITNESS SIGN TESTIMONY BEFORE REFEREE. United States District Court, District of : In Bankruptcy. In the Matter OF Banlrupt. Xo, To , Esq., Referee in Banlruptcy. The petition of respectfully shows : 1. That he is the trustee in bankruptcy herein, duly qualified and acting. 2. That at the first meeting of creditors herein held on , 19 .... at the instance of petitioner, one , was examined as a witness in this proceeding, and his testimony duly transcribed. .3. Your petitioner through his attorney, has requested said witness to call at the office of the referee herein and sign his said testimony before said referee, but he, without adequate reason, has neglected and refused to sign same. 4. That no previous application has been made for the order asked for herein. "\ATierefore, your petitioner prays for an order, directing the said witness to appear at the referee's office on a day certain for the purpose of signing his testimony, or to show cause why he should not sign the same. Petitioner. Aerification.] 352 FORMS IX BAXKEUPTCY. FORM No. 224. ORDER THAT "WITNESS SIGN TESTIMONY. United States District Court, for the District of In Bankruptcy. In the Matter OP Banl-rupf. Upon reading and filing the petition of , the trustee herein, duly verified, and upon all the proceedings herein, and upon motion of , attorney for the said trustee, it is Ordered, that attend at my office, Xo in the City of , on the day of , 19 ... , at o'clock in the noon, for the purpose of signing before the referee, the testimony heretofore given by him in said proceeding or to show cause why he should not be directed to so sign his said testimony. Dated 19... Referee in Banlruptcy. FOKMh IX BAXKKUPTCY. 353 FORM No. 225. PETITION FOR LEAVE TO OBTAIN ANCILLARY ORDER OF EXAMINATION. United States District Court, District of . . lu Bankruptcy. In the Matter OF Bankrupt. To the District Court of the United States, for the District of : The petition of respectfully shows : 1. That he is the receiver (trustee) herein. 2. That on the day of , 10 . . , a petition in involun- tary bankruptcy was filed herein h}- certain creditors against the above named and on same day your petitioner was duly appointed receiver, duly qualified and is now acting as such receiver. That said bank- ruptcy proceeding is now pending, [or, that on the day of , the said was duly adjudicated a liankrupt and at the first meeting of creditors thereafter held before Esq., as referee, your petitioner was duly appointed trustee, duly qualified and is now acting as such trustee.] 3. That in the administration of this estate, it is necessary to obtain an examination of and in aid of petitioner in the recovery of assets belonging to this estate, and such witnesses are or reside outside of the jurisdiction of this Court and within the district of at Wherefore, your petitioner prays for an order granting him permission to apply to the District Court of the United States for the district of , for an ancillary order of examination of the witnesses whose testimony is desired in aid of the receiver (trustee), and as to the acts, conduct and property of the bankrupt whose estate is in process of administra- tion. •*••• » Petitioner. [Verification.] 354 FORMS IX BANKKUPTCY. FORM No. 226. ORDER GRANTING LEAVE TO APPLY FOR ANCILLARY ORDER OF EXAMINATION. 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 , 191 . . Present : Hon , District Judge. In thp: Matter OF Banlrupt. receiver (trustee), herein having made application for leave to institute ancillary proceedings in the district of for the purpose of obtaining an ancillary order of examination of certain witnesses being or residing in said district of and it appearing that said application is necessary and proper Now, upon reading and filing the petition of receiver (trustee) herein, duly verified and upoji motion of , attorney for the petitioner, it is Ordered, that the application be and hereby is granted and the receiver (trustee) herein, be and he hereby is authorized and empowered to apply to the District Court of the United States for the district of for an ancillary order of examination of such witnesses within the jurisdiction of said Court as may be necessary, as to the acts, con- duct or property of the bankrupt herein. D.J. FOKMS IN BANKHUPTCY. 355 FORM No. 227. PETITION IN COURT OF ANCILLARY JURISDICTION FOR ORDER OF EXAMINATION. United States District Court, District of : 111 Bankruptcy. In the j\1atti:r OF BanlTttpt. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : 1. That on the day of 19 . . . , a petition in hank- ruptcy was filed against the above named l)ankrupt in the District Court of the United States for the district of (That on the day of he was duly adjudicated a bankrupt in said court.) 2. That your petitioner was on the day of , 19 . . ., appointed temporary receiver of the said bankrupt in such court and there- after duly qualified and is still acting as such receiver. [or, That thereafter at the first meeting of the creditors of said bankrupt duly called and held in said district, petitioner was duly appointed trustee, duly qualified and is now acting as such trustee.] 3. That certain witnesses whose testimony is material and necessary in aid of petitioner as to the acts, conduct and property of the bankrupt whose estate is in process of administration, as hereinbefore set forth, are or reside within the jurisdiction of this court at 4. That said witnesses are as follows : (That certain documents to be examined are in the possession of ) 5. That ancillary proceedings to obtain such order of examination are necessary in this district and on the day of , the District Court for the district of by an order entered therein, duly authorized petitioner to apply to this court for such ancillary order of examination. 35G FOEMS IN BANKRUPTCY. Wherefore, petitioner respectfully prays for ancillary proceedings in this district in aid of petitioner and ior an order for the examination of certain witnesses and before a referee or special commissioner to be appointed in this district concerning the acts, conduct or property of the bankrupt herein, whose estate is in process of administration in the District Court of the United States for the District of , and such other and further witnesses as may appear necessary, that a subpoena issue to secure the attendance of such witnesses and for such other and further relief as may be necessary. Petitioner. [Verification.] NOTES. Sec. 2 (20). Ancillary oider for examination authorized. In re Sutter Bros. (D. C. N. Y.), 11 Am. B. R. 632; 131 Fed. 654. In re Sturgeon ( C. C. A. 2d Cir.), 14 Am. B. R. 681; 139 Fed. 608; 71 C. C. A. 592. In re iladson Steele Co. (Elkus, Petitioner) (U. S. Sup.), (citing Babbitt v. Dutcher), 23 Am. B. R. 614; 216 U. S. 115; 54 L. Ed. 407. Contra. In re Williams, 10 Am. B. R. 538; 123 Fed. 321. FOEM No. 228. ORDER FOR EXAMINATION IN COURT OF ANCILLARY JURISDICTION. 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 Banl-rwpt. Upon the petition of Esq., Peeeiver (Trustee) of. . bankrupt, and it appearing that an involuntary petition in for.m;s in bankruptcy. 357 bankruptcy has been filed and is now pending against the said in the District Court of the United States I'or the District of ; that said petitioner has been duly apjjointed by said court Receiver (Trustee) of the said Ijankrupt and has duly qualilied as such olficer; that said Receiver (Trustee) has l)eeu duly authorized to apply to this court for an order of examination of certain witnesses; within the juris- diction of this court and that it is proper and necessary in aid of said Receiver (Trustee) that an ancillary order for the examination of said persons issue; Now, upon motion of , Esq., attorney for said petitioner, it is Ordered, that the prayer of said petition, be and hereby is granted and an ancillary order of examination in aid of said as Receiver (Trustee) of said l)ankrupt issue, and it is further Ordered, that and of , appear before , Esq., who is hereby appointed Special Com- missioner for that ])urpose at a time and place to be designated by him and be examined concerning the acts, conduct and property of the said bankrupt whose estate is in process of administration in the District Court of the United States for tlie District of and that a subpoena issue directed to such persons. D.J. FORM No. 229. NOTICE OF TAKING DEPOSITION (DE BENE ESSE). United States District Court, for the District of : In Bankruptcy. In the ^Iattek OF Banl-rupf. r No. Please take notice that and witnesses whose testimony is necessary in this procoefling and who reside at a greater distance than 100 miles from , where the court is in which this ]iroceeding is pending, or the place of trial 358 FORMS IX BAXKRUPTCY. herein, will be examined (de bene esse) on the part of in this proceeding before Esq., Commissioner (or Notary Public) (duly appointed for, etc.) at his office Xo 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.) NOTE. Consult R. S. 863 et seq. FORMS I^T BANKRUPTCY. 359 FORM No. 230. DEPOSITION (DE BENE ESSE.) United States District Court, for the District of In Bankruptcy. In the Matter OF liatiJcnipt. V 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 depeiding 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...' 360 FOEMS IN BANKEUPTCY. NOTES. Depositions. Act Sees. 21b and c, 41a. — U. S. Revised Statutes, Sec^. 863-865. Equity Rules XLVII, LIII, LIV, LV, LVI. Usual method of obtaining testimony of necessary witnesses at a distance greater than 100 miles from place where proceeding is pending; does not exclude more formal method of a commission to take testimony. In re Hemstreet, 8 Am. B. R. 7G0; 117 Fed. 568. In re Cole, 13 Am. B. R. 300; 133 Fed. 414. Notice of taking must be filed with the referee. In re Robinson (D. C. Minn.), 24 Am. B. R. 617; 179 Fed. 724. Motion to suppress deposition. Carey v. Donohue (C. C. A. Gth Cir.), 31 Am. B. R. 210-215; 209 Fed. 328; 126 C. C. A. 254. In re Washington Steel and Bolt Co., 32 Am. B. R. 153; 210 Fed. 984. Depositions de bene esse. Not received in evidence unless provisions of statute are strictly followed. May be taken before any judge of a court of the United States, or any United States commissioner, clerk of a District Court or any notary public not being of counsel or attorney to any of the parties to the proceedings nor interested in the event. May also be taken without the United States before consular officer. Reasonable written notice to adverse party is required and notice of the taking of depositions must be filed in every case with the referee in bankruptcy in charge of tlie proceedings. When taken in opposition to the allowance of a claim notice shall be served upon claimant and when in opposition to a discharge notice in same way to the bankrupt. Attendance of witness compelled by subpoena. FORM No. 231. 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 Connty of aiid 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 Eevised Statutes of the United States to take deposi- tions, affidavits and liail in civil causes, dependinfi; in the courts of the United States, do hereby certify, tliat 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, [or follow Eev. Stat. Sec. 863.] I further certify, that due notification of the time and place of taking the FOJLMS IN BANKKUPTCY. 361 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 tliink 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 l)y , 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 Avriting, in the presence of the witnesses, and from their statements, and after carefully reading the same to the witnesses, they subscril)ed the same in my presence. I have retained the ^aid 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 T 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 ] PART VII. SALES. Form No. 232. Petition for Appraisal and Sale at Auction by Receiver before Adjudication. 233. Order for Appraisal and Sale before Adjudication. 234. Petition for Appraisal and Sale by Receiver after Adjudication upon sealed Bids. 235. Order for Appraisal and Sale after Adjudication upon sealed Bids. 236. Notice of Auction Sale by Receiver. 237. Notice of Sale by Receiver on sealed Bids. 238. Petition by Receiver for Sale of perishable Property. 239. Notice of Sale by Trustee. 240. Petition for private Sale by Trustee. 241. Order for private Sale by Trustee. 242. Petition for Sale at Auction of Real Estate. 243. Order for Sale at Auction of Real Estate. 244. Petition to Referee for Sale of perishable Propertj', and Order thereon. 245. Petition and Order for Sale subject to Lien. 246. Notice of Sale. (New Jersey Practice.) 247. Trustee's Memorandum of " Terms of Sale." 248. Petition for Sale free and clear of Liens. 249. Notice of Motion for Sale free and clear of Liens. 250. Order directing Sale free and clear of Liens. 251. Petition to confirm Sale. 252. Order confirming Sale. 253. Notice of Ta.xation of Auctioneer's Charges. 254. Order for Resale on Default of former Purchaser. 255. Petition to vacate Sale. 256. Order to show Cause why Sale should not be vacated. 257. Order vacating Sale. [362] FORMS J.X BA^'KKUPTCY. 363 FORM No. 232. PETITION FOR APPRAISAL AND SALE AT AUCTION BY RECEIVER BEFORE ADJUDICATION. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF No. Bankrupt. 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 receiver of the property, assets and effects of the above named 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 bankrupt upon the premises Xo , 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: is perishable in its nature and petitioner believes that it is absolutely necessary and for the liest interests of the creditors of the above named bankrupt that all of the said property should be sold without delay. [Here set forth any reasons necessitating 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. 4. That the consent of the bankrupt to said sale is hereto annexed. 364 FOKMS IN BANKKUFrCY. 5. No previous applieation 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 , I'J. . . Petitioner. [Verification.] I hereby consent to the entry of an order of sale of the assets and effects of said alleged bankrupt. Dated , l!i... Attorney for Alleged Bankrupt. FORM No. 233. 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 Mattek OF BanJi-riipf. Xo, Oil reading and filing the annexed petition of , receiver of the above named bankrupt duly verified, and all the proceed- ings had herein, and upon the annexed consent of attorney for said bankrupt and sufficient reason appearing therefor, it is, on motion of attorney for the said receiver, , Ordered, that , , and . • all of the City of , three disinterested persons, be and they FOKMS l\ BA.NKllUPTCY. 365 licrcby are appointed appraisers to appraise the property of the bankrupt; said appraisers to be duly sworn, and to report the result of their appraisal in writ- ing to the Court with all i-onvenient spivd and It is further ordered, that said , the receiver of the above named bankrupt, be and he hereby is authorized and directed to sell at public auction, pursuant to the rules ol this court, all of the personal i)rop- erty belonging to this estate so aj)praised. D.J. NOTES. Receiver's sale. — Jurisdiction. Mason v. Wolkowich (C. C. A. 1st t'ir.i, 17 Am. B. R. 709; 150 f>d. 699; 80 C. C. A. 435. In re fiarner and Co., 18 Am. B. R. 733; 153 F(-d. 914. In re Becker, 3 Am. B. R. 412; 98 Fed. 407. In re Kelly Dry (ioods Co., 4 Am. B. R. 528; 102 Fed. 747. In re R. F. Duke and Son, 28 Am. B. R. 195 (and foot note); 199 Fed. 199. In re Desrochers (D. C. X. Y.), 25 Am. B. R. 703; 183 Fed. 991. In re Peerless Finishing Co. (D. C. K Y.), 28 Am. B. R. 429; 199 Fed. 350. Petition should set forth facts showing that the property is in wiiole or part perishable or will greatly deteriorate by handling in due course of administration. In re Harris, 19 Am. B. R. 635; 156 Fed. S75. Api)licati()n by ancillary receiver, when denied. In re Brockton Ideal Shoe Co., 27 Am. B. R. 577; 194 Fed. 2.'53. Application should be Tuade in first instance to court of original jurisdiction iii most cases, s. c. (supra). A receiver may be autliorized by the referee, after adjudication, to sell property of a perishable nature. In re (iarner and Co. (supra). Not so, however, in many jurisdictions. A contingent interest in an estate may be sold. In re Gutterson. 14 Am. B. R. 495; 136 Fed. 698. I'atents and ])atent rigiits. In re Myers- Wolf .Mfg. Co. (C. C. A. 3d Cir.), ,30 Am. B. R. 572; 205 Fed. 289; 123 C. C. A. 441. Objections to sale cannot be raised for first time on review. In re (iutterson {supra). Sale by receiver without an order of the court convi-ys 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. (N. Y.) 352. In re Styer, 3 Am. B. \l. 424; 98 Fed. 290. Airirmaiue of receiver's sale by trustee. Mason v. Wolkowich (supra). Power of coiu't to enforce completion of contract of sale. Mason v. Wolkowich (supra). Purchaser at a judicial sale submits himself to jurisdiction of the court and may be compelled to do so by rule or attachment issuing out of the court under whose decree the sale is had ; applies to private sale confirmed as well as public sale. In re J. Jungman and Co., Inc. (C. C. A. 2d Cir.), 26 Am. B. R. 401; 186 Fed. 302; 108 C. C. A. 380. Camden v. Mayhew, 129 U. S. 73; 32 L. i:d. 008. 3G6 FORMS IX BAXKKUPTCY. In some districts, as in Southern District of New York, official auctioneers are designati'd to conduct bankruptcy auction sales, and such appointment lias been held valid. In re Benjamin (C. C. A. 'id Cir.), 14 Am. B. R. 481; 136 Fed. 175; 69 C. C. A. 191; affg 13 Am. B. R. 18. Sturgiss V. Corbin ( C. C. A. 4th Cir.), 15 Am. B. R. 543; 141 Fed. 1; 72 C. C. A. 179. Practice on Sales. Order dispensing ■with provisions of local rule valid, as such rules are nut jurisdictional. In re Nevada-Utah Mines and Smelter Corporation (D. C. N. Y.i, 28 Am. B. R. 409; 198 Fed. 497; aff'd, s. c. 29 Am. B. R. 754; 202 Fed. 126; 120 C. C. A. 440. No upset price necessary in order. Schuler v. llassinger (C. C. A. 5th Cir.), 24 Am. B. K. 184; 177 Fed. 119; 100 C. C. A. 539. Sufficiency of publication. Local statutes do not bind Federal court in its administration of bankruptcy estates. In re National Mining Exploration Co. (D. C. Mass.), 27 Am. B. R. 92; 193 Fed. 232. Compare, In re Edes (D. C. Me.), 14 Am. B. R. 382; 135 Fed. 595. Duty of trustee to accept bids. Coal City House Furnishing Co. v. Hogue (In re Williams) (C. C. A. 4th Cir.), 28 Am. B. R. 258; 197 Fed. 1; 116 C. C. A. 523. What constitutes a bid. Jn re J. B. and J. M. Cornell Co. (D. C. N. ¥.), 26 Am. B. R. 252; 186 Fed. 859. Who may purchase. Bondholders, stockholders or officers of bankrupt corporation may properly form reorganization committee of a new corporation and buy, if no attempt is made to stifle or exclude outside bidding. In re Pittsburgh Dick Creek Mining Co., 28 Am. B. R. 613; 197 Fed. 106. FORMS IX BANKRUPTCY. 367 FORM No. 234. PETITION FOR APPRAISAL AND SALE BY RECEIVER AFTER ADJU- DICATION UPON SEALED BIDS. United States District Court, for the District of In Bankruptcy. IX THE MATTIiU OF Bdnkrupf. Xo. 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 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 qualify- ing as receiver, your petitioner took charge of the al)ove named premises and all the assets therein contained ; that by the order appointing your petitioner 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 l)usine3S 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 : That the business at present is being con- ducted at a loss and in the opinion of your petitioner is not profitable; that 368 FOIJMS IN BAA'ivKUPTCY. it would he a mistake to allow the assets, helonging to the estate herein, to remain unsold until same could he sold hy 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 best 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 tlie best method of sale of the assets in his charge, would he 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 mav appear on the schedule of creditors now on file herein, may receive such notice as the court may direct, and that such other notice may l)e 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. "• 7 Petitioner. [Verification.] FORMS IN BANKRUPTCY. 369 FORM No. 235. ORDER FOR APPRAISAI. 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 ,011 the day of , 19 . . . Present : Hon , District Judge. I2i THE Matter OF Bankrupt. No. Upon the petition, adjudication and all the proceedings herein, and upon the annexed petition of , receiver of the estate of the al)ove named hankrupt, verified the day of , 19 . . . ., and upon motion of , attorney for the said receiver, it is Ordered, that , and , three disinterested persons, he, 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 l)ankrupt above named, now in the possession of the receiver herein, situated at , (together 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 l)idder at private sale, on written competitive sealed ])ids, for a sum not less than the appraised value thereof, if in the opinion of the said receiver the said l)id is the l)est that can be olitained 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 Tt is further ordered, that the said receiver mail notices of said sale to all the creditors of the said l)ankrupt, 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 Ijids to be sent 370 FORMS IX BANKRUPTCY. to him therefor; and the said notices shall also state that 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 l)e 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 suljmitted 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 l)y the receiver, and such notices 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. FORM No. 236. NOTICE OF SALE BY RECEIVER. United States District Court, District of : In Bankruptcy. In the Matter OP Banliriipi. Pursuant to an order of this court, the undersigned, 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, Citv of FOKMS IX BANKKUrTCY. 371 FORM No. 237. NOTICE OF SALE BY RECEIVER ON SEALED BIDS. United States District Court, District of In Bankruptcy. In the Matter OF Hanhrupt. Xotiec is hcrel)v 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 , in . ., 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 othce, Xo 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 372 FOKMS IX BANKKUPTCY. reject any or all bids, ii> which e\ent the said proi^erty will be sold at puljliq auction on the premises by , auctioneer, on , 19 . . ., at o'clock in the noon. Dated , 19... Receiver. Street, City of Attorney for Eeceiver, Street, City of FORM No. 238. PETITION BY RECEIVER FOR SAL.E OF PERISHABLE PROPERTY. United States District Court, for the District of : In Bankruptcy. Ix TPiE Matter OF Banl-rupt. Xo. To the District Court of the United States, for the District of : The petition of respectfully shows and alleges : 1. That he is the 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 Xo 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. 373 4. That 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. 239. 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 r,old 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 jDroperty 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 busi- ness day prior to the sale between the hours of .... A. ]\I. 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]. 374 FORMS IN BANKRUPTCY. NOTES. Notice to creditors. Ill re Moiisarrat (No. 1) (D. C. Haw.), 25 Am. B. R. 815. Trustee may sell stock of liquors in bulk without being obliged to take out a license or pay tax. In re Becker, 2 National Bank News, 225. Sale of property in other districts. Bankruptcy Court has jurisdiction to order same. T. E. Wells Co. V. Sharp (In re Plymouth Elevator Co.) (C. C. A. 8th Cir.), 31 Am. B. K. 344; 208 Fed. 393; 125 C. C. A. 609. FORM No. 240. PETITION FOR PRIVATE SALE BY TRUSTEE. United States District Court, for the District of In Bankruptcy. In the Matter OP Banl-rnpf. No. To , Esq., Referee in Bankruptcy: Your petitioner respectfully shows : That ho is the trustee herein duly qualified and acting. That a portion of such bankrupt's estate consists of the following property: That it will he to the advantage of the estate that such property he 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. '^ATierefore, your petitioner prays for an order permitting him to sell said property in the way and on the terms alwve specified. Petitioner. [Verification.] FOILMS IX liAXKKL'PTCY. 375 FORM No. 241. ORDER FOR PRIVATE SALE BY TRUSTEE. United States Distrirt Court, for the District oi' III Baiikruptcv. OF Hanknipt. No. the trustee herein, havin: 120 C. C. A. 440; affv. s. o. 28 Am. B. R. 400: 108 Fed. 407. General Order XVIII construed. In re Knox Automobile Co. (D. C. :\Iass.), 32 Am. B. R. 67; 210 Fed. 569. 376 FORMS IX BANKEUPTCY. FORM No. 242. PETITION FOR SALE AT AUCTION OF REAL ESTATE. In the District Court of the United States for the District of In Bankruptcy. 1 In the Matter OP > ITO o.o, Bankrupt. To , Esq., Referee in Bankrupicy : Respectfully 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 : \Jiere 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. 377 FORM No. 243. ORDER FOR SALE AT AUCTION OF REAL ESTATE. United States District Court, for the District of In Bankruptcy. In the Mattkb OF Bankrupt. V No. . . ; , as trustee of the estate of the above named bankrupt, having tiled 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 me, 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. 378 FOKAIS IX BANKKUITCY. NOTES. Sale of bankrupt's real estate. In re La France Copper Co. (D. C. Mont.), 30 Am. B. R. 381; 205 Fed. 207. Real estate transferred in fraud of creditors. Trustee's rights therein, wlien salable. In re Downing (C. C. A. 2d Cir.), 29 Am. B. R. 228; 201 Fed. 93; 119 C. C. A. 431; aff'g, a. c. 27 Am. B. R. 309; 192 Fed. 683. FORM No. 244. PETITION TO REFEREE FOR SAXE OF PERISHABLE PROPERTY ANT> ORDER THEREON. United States District Court, for the District of In Bankruptcy. In the Matter OF Banl-rnpl. Xo. To , Esq., Beferee in Banl-ruplci/: Respectfully represents the said bankrupt, (or a creditor, or the receiver, or the trustee of the said ])ankrupt's estate). That a part of the said estate, to wit, now in , is perishable, and that there will l)e loss if the same is not sold immediately. Wherefore, he prays the court to order that the same l)e 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 FORMS I.\ IJANKKriTC'V. 379 is required in the interest of the estate, and it is therefore ordered that the said j)roperty he sohl forthwith. Witness my hand this day of , A. D. in . . . Referee in Banlrupfc;/. NOTES. Perishable property. What i3, '■ pt'rishable property." In re Smith, 1 N. B. N. 180, 204. In re Pedlow (C. C. A. 2d Cir.), 31 Am. B. R. 761; 209 Fed. 841; 126 C. C. A. 565. Stock of hardware not so regarded. In re Beutel'a Sons Co., 7 Am. B. R. 768. In re Roberts (Smithson v. Emmerson) (C. C. A. 7th Cir.), 21 Am. B. R. 573; IGG Fed. 96 ; 92 C. C. A. 80. AMien real estate may be so considered. In re Milne Mfg. Co. (D. C. N. Y.), 21 Am. B. R. 468. Discretionary power of referee not disturbed unless it clearly appears tliat discretion was improvidently exercised. In re Hawkins (D. C. N. Y.), 11 Am. B. R. 49; 125 Fed. 633. Notice to creditors. In re ililne Mfg. Co. (supra). 330 FORMS IX BANKRUPTCY. FORM No. 245. [Official.] PETITION AND ORDER FOR SALE SUBJECT TO LIEN. In the District Court of the United States for the District of In Bankruptcy. Ik the Matter 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 vaJue~\ is subject to a mortgage [^describe mortgage^, or to a conditional contract [describe it], or to a lien [describe the origin and nature of the lien], or [{/ 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, ^^^le^efore 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. (Veriilcation.) 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 nddressed to referee.] FORMS IN BANKRUPTCY. 381 NOTES. Sale subject to incumbrances. Purchaser takes property charged therewith. In re Gerry, 7 Am. B. R. 459; 112 Fed. 957, 959. When Bankruptcy Court has custody of the res its jurisdiction is exclusive. In re Zehiier (1). C. La.), 27 Am. B. 11. 536; 193 Fed. 7S7. Rijrhts of lienors not afl'ected. In re Muhlhauser Co. (C. C. A. 6th Cir.). 10 Am. B. B. 236; 121 Fed. 069; 57 C. C. A. 423. In re riatteville, etc., Co.. 17 Am. B. R. 291; 147 Fed. 828. Where there is no surplus for bankrupt estate, trustee not entitled to compensation from lienors. Smitli V. Township of Au Cres (C. C. A. Gth Cir.), 17 Am. B. R. 745; 150 Fed. 257; 80 C. C. A. 145. Not chargeable with general expenses of estate nor of receiversliip. In re Clark Coal and Coke Co., 23 Am. B. R. 273; 173 Fed. 658. In a sale of a stock exchange seat the proceeds pass to trustee for distrihutic^n according to the rules of the exchange as against general creditors. In re Gregory (C. C A. 2d Cir.), 23 Am. B. R. 270; 174 Fed. 629; 98 C. C. A. 383. Compare, Hyde v. Woods, 94 U. S. 523; 24 L. Ed. 318. rage V. Edmunds, 187 U. S. 596; 47 L. Ed. 318; 9 Am. B. R. 277. Contra. Cohen v. Budd, 17 Am. B. R. 329; 117 App. Div. (N. Y.) 922; 102 N. Y. Supp. 1133. FORM No. 246. NOTICE OF SALE (PRACTICE IN DISTRICT OF NEW^ JERSEY), United States District Court, for the District of : In the Matti:r OF llanlrrupl. No Xotice of Sale. Notice is hereby given that , Receiver in Bankruptcy of the above named l)ankrupt, will offer for sale the following described property, to wit : The stock of merchandise consisting of , together with the furniture, fi.xtiires, equipment, good-will, etc., of the busi- ness now conducted at No in the City of X. J., in the following manner: Sealed bids are invited for the said property in lots and as a whole, such bids to be cpened by the receiver herein at the 382 ' FOKMS IN BANKRUPTCY. office of the referee in the Building, City of , New Jersey, on the day of 19. . ., at o'clock in the foreJioon of said day, and (one-half) hour after the opening of such bids the receiver will ott'er the said jjroperty at public auction, both in lots aud as a whole at the premises of said ))ankrupt, , at No Street, in the City of . , New Jersey, by , auctioneer, the bidding to be started at the high- est sealed bid for each lot and for the whole, and the property to be sold subject to confirmation l)y the court to the l)idder or bidders whose bid or bids realizes the best price to the estate, at least 25 per cent, of such highest bid or bids to be paid as a deposit by such highest bidder or bidders. The property to be sold may be inspected at the premises No Street, , New Jersey, on the , , , and of , 19 . . , l)etween the hours of ... . A. ^r. aud .... P. M., and further particulars in regard to said sale may be obtained from the receiver at his office in the Build- ing, , New Jersey, or from the undersigned, attorneys of said receiver. The receiver reserves the right to reject any and all Inds. Take further notice that the undersigned receiver will make liis report of sale and application for confirmation thereof before , Esq., Referee in Bankruptcy, at his office No Street, City of , on the day of , 19 . . , at .... o'clock in the forenoon. Dated , New Jersey, , 19 . . Eecenver. N. J. Allornei/ for Receiver. [Address.] FORMS JX BANKRUPTCY. 383 FORM No. 247. TRUSTEE'S MEMORANDUM OF "TERMS OF SALE". United States District Court, for tlie District of In Bankruptcy. In the Matter OP y No. Hanlcrxipt. TERMS OF SALE BY TRUSTEE OF REAL ESTATE. (1) The real estate to be sold is described as follows: (2) (....'/<) per cent, of the pui'chase price of the s;ii:l 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. (T)) 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 . . . 384 FORMS IN BANKRUPTCY. All other encumbrances, taxes and assessments which at the time of the sale are liens or encumbrances upon said premises, will ))e 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 l)e deemed to be an olijection 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 auctioneer 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 reserving the right to reject any and all bids made, but it is 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. . . NOTES. Relieving purchaser from bid. Tn re Caponigri (C. C. A. 2d Cir.), 32 Am. P.. R. 158; 210 Fed. 897; 127 C. C. A. 466. Purchaser not relieved from bid because of " puffer." Williams v. Hogue (C. C. A. 4tli Cir.), 34 Am. B. 11. 40; 219 Fed. 182; 134 C. C. A. 556. Sale of trustee's rights under a lease. Purchaser held to have no right to rescind and recover purchase price. In re Frazin and Oppenheim (C. C. A. 2d Cir.), 29 Am. P.. R. 212; 201 Fed. 343; 120 C. C. A. 391. Sale of good will and corporate name. S. F. Myers Co. v. Tuttle (D. C. N. Y.), 26 Am. B. R. 541 ; 188 Fed. 532. Medical and surgical practice and good will of a ])hysician not assets passing to trustee. In re Myers, 31 Am. B. R. 24. Rejection of bid and sale to a third party. In re Chandler (C. C. A. 7th Cir.), 28 Am. B. R. 89; 194 Fed. 944; 114 C. C. A. 580. Petition to compel purchaser to complete purchase. In re Myers-Wolf Mfg. Co. (C. C. A. 3d Cir.), 30 Am. B. R. 572; 205 Fed. 289; 123 C. C. A. 441. Sale of liquor license. Tn re Doyle and Sons, 30 Am. B. R. 58; rev'd, 31 Am. B. R. 571; 209 Fed. 1; 126 C. C. A. 143. FOKMS IN BANKRUPTCY, 385 FORM No. 248. PETITION FOR SALE FREE AND CLEAR OF LIENS. United States District Court, District of : In Bankruptcy. In the Matter OF Bankrupl . No. To the Disti-ict 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 , 10. ., duly a])pointed the trustee in bankruptcy of all of the property of the above bankrupt and has duly qualified as such l)y filing his liond 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 inchides the following described real and personal estate located at the Town of , County, State of : All that certain tract or })arcel of land, with the buildings thereon erected and all machinery connected with or attached to said building and ])r()pcrty, situate in tlie Town of County of and State of l)Ounded as follows : Together with all and singular, the tenements, hereditaments and appur- tenances l)elonging to the said property ; and the reversion, remainders, tolls, income, rents, issue and profits thereof including all chattels, fixtures, furnish- 386 rOKMS IX BANKRUPTCY. 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 hankruptcy was filed herein against the ahove 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 follow- ing 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 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 FORMS IN BANKRUPTCY. 387 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 tlie 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, upo'i the ground that under and ])y 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 ante- cedent 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 Itankrupt 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 Avhich was made, executed and delivered on said day of , 10 . . , l)y the said , l)aid No. Please take notice that tlu' trustee lierein, having filed objections to the fees and charges of the auctioneer on tlie 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. .. To Attorney for , Trustee. Esq., (United States) Auctioneer, 398 FORMS IX BAXKHUPTCY. FORM No. 254. ORDER FOR RESALE OX DEFAULT OF PURCHASER. United States Di?trict Court, District of In Bankruptcy. Ix THE Matter OF y No. JBankriipt. J the trustee of the estate of the above named bankrupt, having tiled in the office of the referee a petition duly verified the day of , 19- "5 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 $ ; that 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. 399 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 prop- erty from , 19. ., the date of the said sale, to the date of such resale, and for such resale. Dated , 19... Referee in Banlriiplci/. NOTES. Resale. Snyder v. Bougher, 16 Am. B. R. 793; 214 Pa. St. 453; 63 Atl. 893. Expenses of resale. — In re Fisher and Co., 17 Am. B. R. 404; 148 Fed. 907; aff'd. In re Wylie et al., 18 Am. B. R. 503; 153 Fed. 281; 82 C. C. A. 411. FORM No. 255. PETITION TO VACATE SAXE. District Court of the United States, District of . . . In Banlcruptcy. In the Matter OF Banl-rupt. No, To the District Court of the Ignited States, for the District of : The petition of respectfully shows and alleges . ]. That he is a creditor herein having a provable claim to the amount of 400 FOKMS IN BANKKUPTCY. 2. That on the day of , 19 . . , at Xo Street, in the City of , the trustee herein offered for sale the property of this estate consisting of in the following manner : [Here allege particulars of sale.] 3. Your petitioner further alleges that said sale was utterly irregular, fraudulent aiid void as conducted hy for the following reasons : 4. That as a result of the fraudulent acts and irregular procedure as above set forth the property was sold at a grossly inade(]uate price. 5. That the purchaser above named is about to remove said property from the premises and if permitted so to do it will be to the great loss and detri- ment of this estate and be an injustice to the creditors thereof. 6. That petitioner annexes hereto and makes a part of this application an affidav'it of duly verified, as to the matters of fact herein set forth and specified. 7. That petitioner's sources of information and grounds of his belief are as follows : S. That no previous application has been made for the order herein. A\'herefore, your petitioner prays for an order vacating and setting aside the sale of the property belonging to this estate held on the day of , 19. ., and directing that same be resold in the manner and at the time as may be prescribed by this Court and that an order to show cause issue herein directed to and ; that all proceedings on the part of said persons relative to said sale be stayed pending the hearing and determination of said order to show cause and for such other and further relief as to this Court shall seem just and proper. Petitioner. [Verification.] FORMS IN BANKRUPTCY. •iOl FORM No. 256. ORDER TO SHOAV CAUSE ^VHY SAIari!rrii III . , having made an application to this court by duly verified petition,. praying that , of , be enjoined and restrained from FORMS IX BANKRUPTCY. 407 and an order to show cause havin No. STATE OF . . , County of, ss.: being duly sworn, deposes and says : I am employed in the office of , Referee in Bankruptcy, and am more than eigliteen 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 tliis day of , A. D., 19... 426 FOKMS IN BAXKKUFTCY. FORM No. 269. NOTICE FOR PUBLICATION OF APPLICATION. United States District Court, District of . . . In Bankruptcy. In the Matter OF Xo. Bankrupt. Notice is hereby given that , bankrupt, has filed his petition, dated , 19 ... , praying for a discharge from all his debts in l)ankruptcy, 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 , ID . . . , 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 Banl-ruptcy. Dated , 19... See, sec. 58-a (9). Amendments of 1910. {In South em Pisirirf of New York hy Special Rule.] United States District Court, Southern District of Xew York : Bankruptcy. — Xo Notice is given that , bankrupt, has applied for a dis- charge from all his debts. Creditors and parties interested are ordered to attend before this Court, in the Post-Office Building, ^Faidiattan. New York, on , 19 ... at 10.30 A. M. there to show inuse why discharge should not be granted. > Referee in Banhrupfrj/. FORMS IN BAXKKUPTCY. 42: FORM No. 270. In the District Court of the United States, for the District of . . In Bankruptcy. In thk Mattee OF JBatikrtfpt. No. I, , Referee in Bankruptcy, to whom the above entitled proceeding was duly referred by order of this court, do hereby Certify that tlie 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 appofnted 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 cortifyand re])ort that, so far as appears by the record herein, said bankrupt has in all tilings conformed to the requirements of the Ignited States Bankruptcy Act and has committed none of the offences and done none of the acts prohil)ited in sub-division b of Section 14 of said Act as amended, and is in my opinion entitled to his 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.] 428 FORMS IN^ BANKRUPTCY. FORM No. 271. [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 was filed by , excepting such debts as are by law excepted from the operation of a discharge in bankruptcy. "Witness the Honoralile , Judge of said District Court, and the seal thereof, this day of , A. D. 19 . . . District Judge. Clerk, I, , Clerk of the District Court of the United States for the District of , do herel)y 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 T.ord, one thousand nine hundred and and of the independence of the said United States the one hundred and Clerl: NOTES. Order of discharge. In re Marsliall Paper Co. (C. C. A. 1st C'ir.), 4 Am. B. R. 468; 102 Fed. 872; 43 C. C. A. 38, rev':,' in part 95 Fed. 419. In re Royal, 7 Am. B. R. 636; 113 Fed. 140. Unless there are discharirisdiction of the court and the regularity of the proceedings. Kreitlein v. Ferger (Ind. App. Ct.). 28 Am. B. R. 908; rev'd, on otlier grounds (8. c. U. S. Sup.), 34 Am. B. R. 8(52; 238 U. S. 21; 59 L. Ed. 1184. Bankrupt entitled to a disciiarge unless he has committed an offense jiunisliable under section 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. In re Schwaninger, 16 Am. B. R. 427; 144 Fed. 555. Partnership. — Wlien 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. In re Laughlin, 3 Am. B. R. 1 ; 96 Fed. 589. In re McFaun, 3 Am. B. R. 66; 96 Fed. 592. In re Meyers, 3 Am. B. R. 260; 97 Fed. 753. in re Bertenshaw (C. C. A. 8th Cir.), 19 Am. B. R. 577; ]57 Fed. 303; 85 C. C. A. €1. Right to a discharge distinct from the effect of a discharge. In re Blum berg, 1 Am. B. R. 633; 94 Fed. 476. Right 'governed by law as it stood at the time bankrui)t filed his i)etiti()n in bank- ruptcy, in re Petersen, 10 Am. B. R. 355. Right to discharge not affected by subsecpient insanity. In re Miller, 13 Am. B. R. 345; 133 Fed. 1017. Corporation entitled thereto. In re Marsliall Paper Co. {supra). Personal notice of the a])plication not essential to the binding force of the decree. Hanover National Bank v. Moyses (U. S. Sup.), 8 Am. B. R. 1 ; 186 U. S. 181; 46 L. Ed. 1113. Mailing in tiie manner prescribed by the statute is sufticient. In re Downing (D. C. N. V.), 28 Am. B. R. 778; 199 Fed. 329. ■V^lieeler v. Newton (N. Y. App. Div.), 35 Am. B. R. 25; 154 N. Y. Supp. 431. Effect of discharge. Personal to the debtor. Bona fide liens not affeicted. 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. In re Peterson (N. Y. App. Div.), 24 Am. B. R. 270, aff'g, s. c. 22 Am. B. R. 549. Does not affect the right of the trustee or creditors to set aside a fraudulent con- veyance. Blick V. Nimmo, 30 Am. B. R. 770. Stephenson v. Bird et al. (Sup. Ct. Ala.), 25 Am. B. R. 909. In re Pierce, 4 Am. B. R. 554. The mere acknowledgment of a debt discliarged or the subsequent expression of an intention to pay same is not suflieient to revive tlie debt. 430 FORMS IN BANKRUPTCY. Coe V. Hosene (Wash. Sup. Ct.). 27 Am. B. R. 175. Effect upon obli; 210 Fed. 381). Rules governing in Connectirut. In re Walder, 18 Am. 13. R. 419; 152 Fed. 489. FORM No. 281. ORDER OPENING DEFAULT ON DISCHARGE PROCEEDING. At a Stated Term of the L'liited States District Court lor the District of lichl at the United States Court House, City of .... . . . . , ou the day of .... ,19... Present : Hon , District Judge. In the Matteu OF Bankrupt. Y No. A motion haviii*^ been made to reopen the default herein and to restore the hankru})t's ai){)lication for discharge to the calendar of this court, and the same having come on for hearing, now, upon reading and filing the petition of , bankrupt herein, duly verified, the notice of motion and the petition for discharge herein, dated , IJ) . . . , and the order to show cause thereon and all the proceedings heretofore had herein, and after hearing , attorney for said bankrupt in sujiport of said motion, and in op])osition thereto, it is on motion of attorney for bankru{)t. Ordered, tiiat the application for discharge herein be and hcn^by is re-opened and the clerk of this court directed to restore same to the call calendar for discharges for , 10 ... , with leave to creditors who have filed notices of appearance herein, to file specifications of objection upon the merits. D.J. 456 FORMS IN BANKRUPTCY. FORM No. 282. OHDER DENYING DISCHARGE UPON REPORT OF SPECIAL, MASTER. United States District Court, for the District of : In Bankruptcy. Ix THE Matter OF Bankrupt. Xo. 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 argeud) ; and after hearing , Esq., 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 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. D. J. NOTES. Findinpp of Special Afaster upon conflicting testimony not disturbed where there is sufficient testimony to support the findings. In ro Forth (D. C. X. Y.i. 18 Am. B. R. ISfi; L51 Fed. 05. Tn re Knas/.ak IT>. C. X. Y.). 18 Am. P.. R. 187; 151 Fed. 50.3. Fxceptions to report of Special Master must be filed within 20 days as per Equity Rules. Rule 66 (Rule in Washington.) In re Pierce, Jr., 32 Am. B. R. 06; 210 Fed. 380. International Harvester Co. v. Carlson (C. C. A. 8th Cir.), 33 Am. B. R. 178; 217 Fed. 736; 133 C. C. A. 430. FORMS IN BANKRUPTCY. Costs in discharge proceedings. In re Kyte (D. C. Pa.), 2G Am. B. K. 507. Bragassa v. St. Louis Cycle, 5 Am. B. R. 700; 107 Fed. 77. In re Miers (D. C. N. Y.), 27 Am. B. R. 870. In re Amer et al., 228 Fed. 57(5. 457 FORM No. 283. PETITION FOR EXTENSION OF TIME TO APPLY FOR DISCHARGE. I'liitecl States District Court, District of : In Bankruptcy. In TiiE Mattek OF Bankrupt. V 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 unavoidaI)ly prevented from filing an application for a dis- charge within twelve months after such adjudication for the following reasons: [State specifically.] That he desires to file such application and obtain 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. [Ycrificfttion.] 458 FORMS IN BANKRUPTCY. FORM No. 284. REFEREE'S CERTIFICATE ON APPLICATION FOR EXTENSION OF TIME. In the District Court of the United States for the District of : In Bankruptcy. In the Matter or - No, Banl-rupt. To the Honorable , District Judge : I, , referee in bankruptcy in charge of this proceeding, do hereby certify : That the above-named bankrupt was r.djudicated herein on the day of ,19... That, from the files and records of such ])roceeding and any information possessed by me, there appears no reason why such bankrupt's petition for an extension of time to file ai)plication for a discharge should not be granted; and that, in my opinion, such l)ankrupt has not lieen guilty of laches in apply- ing for his discharge. I, therefore, recommend that his petition for extension of time l)e granted. Dated 19... Referee in Banl-riiptcy. NOTE. Such certificate proper, but not necessary to the application. FORMS IN BANKRUPTCY. 459 FORM No. 285. ORDER EXTENDING TIME TO APPLY FOR DISCHARGE. In tlie District Court of the raited States tor tlie District of In Bankruptcy. In the j\[atteu OF Bankrupt. Xo. A petition praying for an extension of time to apply for discharge, as pro- vided in S 14-a of the Bani 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, was 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 ])roceedings, a co])y 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, f). No ])revious application has been made for the order asked for herein. Therefore de])onent asks that said judgment of be cancelled and discharged of record. Sworn to before me this 1 day of ,19... J [Annex exhibits.] FORMS IN BANKRUPTCY. 465 FORM No. 289. ORDER CANCELLING JUDGMENT OF RECORD. At a Special Term, etc., held at the Court House in the City of , on the day of , 19... Present : Hon Justice. In the Matter OF the application of a bankrupt to have a certain judg- ment of cancelled and discharged of record. ! On reading and filing the affidavit of , verified the day of , 19 . . ., to which is annexed a certificate of the District Court of the United States for the District of , dated , 19 . . . , discharging the said from his del)ts in l)ankruptcy pursuant to the Acts of Congress relating to bankruptcy, by which affidavit it appears that a certain judgment rendered in the Court on the ........ day of , 19 ... , in favor of as plaintiff against as defendant for $ , the judgment roll whereon was filed and said judgment docketed in the office of the Clerk of the County of on the day of , 19. . ., was discharged by said order of dis- charge in bankruptcy and it appearing that more than one year has elapsed since the entry of said order of discharge and that the debt upon which said judgment was obtained was not created by fraud nor such as would not be dischargeable in bankruptcy and that due notice of this application has been given to the said judgment creditor together with copies of the papers upon which it is made, now, on motion of Esinposition 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 believes 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. NOTES. This form is seldom used, &s offer and acceptances are filed and application made at once to cODfirm. FORMS IN BANKKUPTCY. 471 FORM No. 292. PETITION FOR APPOINTMENT OF REFEREE AND STAYING ADJUDICATION. United States District Court, District of . . . In thk Matter OF Alleged Bankrupt. To the District Court of the United States for the District of : The petition of respectfully alleges and shows : 1. That he is the alleged bankrupt herein. 2. That on the day of , 19. . ., a petition iu involuntary bankruptcy was filed in this Court by and and , creditors of your petitioner praying that he be adjudicated a bankrupt and on same day a subpoena was issued. 3. That petitioner's time to answer such petition has not yet expired. 4. That petitioner is al)out to offer terms of composition to his creditors and such proposed composition has been accepted l)y a substantial number of his creditors in number and amount and such offer is in good faith. 5. That petitioner has filed a schedule of his property and list of his creditors as required by the Act. Wherefore he prays for an order referring this proceeding to a referee for the purpose of calling a meeting of his creditors to consider the offer of com- position, and that all proceedings upon the adjudication be stayed until the offer of composition has been either confirmed or rejected. Petitioner. [Verification.] 472 FORMS IN BANKRUPTCY. FORM No. 293. ORDER APPOINTING REFEREE AND STAYING ADJUDICATION. At a Stated Term of the United States District Court 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 Alleged Bankrupt. Upon reading and filing the annexed petition of , verified the day of , 19 . ., upon all the papers and proceedings had herein, and on motion of , attorney for the alleged bank- rupt, it is Ordered, that , Esq., be and he hereby is appointed referee for the purpose of calling a meeting of creditors to consider a proposed ofl'er of composition to be made by the alleged bankrupt herein, and to do each and every other thing necessary in and about carrying out the said offer of compo- sition ; and it is Further ordered that all proceedings upon an adjudication herein be stayed until the said offer of composition be either confirmed or rejected by this Court. D.J. FORMS IN BANKRUPTCY. 473 FORM No. 294. NOTICE OF MEETING TO CONSIDER COMPOSITION BEFORE ADJUDICATION. United States District Court, for the District of : 111 Bankruptcy. Ix THE Matter OF Alleged Bankrupt. I Xo. To the creditors of of the City of and district aforesaid, alleged bankrupt : Notice is hereby given that by an order of Hon , the judge of this court, dated the day of , 19 . . , the alwve- entitled proceeding has been referred to me as referee in bankruptcy under section 12-a of the Bankruptcy Act, to call a meeting of creditors for the allowance of claims, the examination of the alleged bankrupt, and the preser- vation and conduct of the estate of the same : and that action upon the peti- tion for adjudication has been stayed until ten days after it shall be determined whether a composition herein shall be confirmed. Notice is further given that, pursuant to said order and in conformity with said section 12-a, a meeting of creditors will be held at the office of , Referee in Bankruptcy, Room , No Street, City of , on the day of , 19 . . , at o'clock in the forenoon, at which time the said creditors may attend, prove their claims, examine the alleged bankrupt and transact such other business as may properly come before said meeting. Dated ,19... Referee in Bankruptcy. 474 FORMS IN BANKRUPTCY. FORM No. 295. ACCEPTANCE OF OFFER. United States District Court, for the District In Bankruptcy. In the Matter OF Banhrupi. To , Esq., Referee 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 or misrepresen- tation, 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 reported.) Mortgagees whose debts are contingent upon a deficiency arising under a fore- closure, 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. Acceptance in writing. In re Goldstein. 32 Am. B. H. 402; 213 Fed. 115. FORMS IN BANKRUPTCY. 475 FORM No. 296. PETITION TO DEPOSIT MONEY FOR THE PURPOSE OF COMPOSITION. United States District (\Hirt, District of : In thk Mattki: OF liankrupt. To the District Court of the United States, for the District of : The petition of respectfully alleges : 1. That on the day of , 19 . . , a petition in involun- tary bankruptcy was filed in this Court against the above named bankrupt by certain of his creditors, and by an order duly entered herein adjudication upon said petition has been stayed. 2. That the said bankrupt has offered terms of composition to his creditors which have been accepted by a majority in numl)er and amount of his said creditors. That the said bankrupt has been examined in open Court and has filed his schedules as required by the Bankruptcy Act and complied with all requirements. 3. That petitioner has been requested by the bankrupt to furnish dollars to carry out the terms of the composition and peti- tioner is ready and willing to do so. That this sum is to be used with other moneys on hand in the estate to carry out the composition upon the express condition that said moneys so deposited ]»y petitioner for the purpose of carry- ing out the terms of the composition, in the event that the said composition be not confirmed, be returned to petitioner. Wherefore, he prays for an order granting him permission to deposit in a designated depository of this Court, the sum of dollars to be used for the pur])Ose of the projwsed composition of tlio bankrupt herein with his creditors and in the event that said composition be not confirmed, then that said moneys so deposited be returned to petitioner. Petitioner. \ X'crification.] 476 FORMS IN BANKRUPTCY. FORM No. 297. ORDER TO DEPOSIT THEREON. At a Stated Term of the United States District Court for 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. Upon readin^f and filing the annexed petition of , duly verified, and upon all proceedings had herein and on motion of , attorney for the bankrupt herein, it is Ordered that permission be and the same is hereby given to to deposit in the Bank (or Trust Company at ) a depository duly designated by this Court, to th^ order of the judge of the United States District Court for the District of , the sum of $ which is to be used towarrls carrying out the terms of the composition offered by the said bankrupt to his creditors, and it is Further ordered that in the event that the said composition be not con- firmed that the said moneys so deposited by be returned to him. D.J. FORMS IN BANKRUPTCY. 477 FORM No. 298. CERTIFICATE OF DEPOSIT. Ignited States District Court, lor tlie District In Bankruptcy. Ix THE Matter OF Bankrupt. I Xo. To the Honorable Judge of the United States District Court, for the District : The , of , a designated depository of bankruptcy funds in this district, hereby certifies that it has on deposit, to your order in this proceeding, the sum of $ , the amount of monev necessary as determined l)y 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 composition.) Dated , 19. .. Depository. by NOTES. Deposit of consideration. Amount must be enoujjh to pay all crcditora the stipulated percentage. In re Fox, 6 Am. B. R. 525. In re Harvey, 16 Am. B. R. 345; 144 Fed. 001. To order of judjie of the coxnt. Tn re Bloodworth-Sternbridge Co., 24 Am B R. 1.56; 178 Fed. 372. Use of funds collected under a bond jiiven by private banker. Tn re Deutsch Bros. (D. C. N. Y.), 33 Am. B. R. 858; 220 Fed. 532. Secured claims not liquidated should not be considered in determininjir the amount. In re ITarvey (svpra). Ripht of unscheduled creditor. In re Ennis & Stoppani. 25 Am. B. R. 383; 183 Fed. 8.59. Surrender of voidable preference. Condition precedent to allowance of claim. In re B Feinberfr & Sons (D C. Mass.). 26 Am. B. R. 587; 187 Fed. 283; but see, In re Gliinasin, 34 Am. B. R. 818. 478 FORMS IN BANKRUPTCY. 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. Deposit must cover all creditors scheduled. In re Atlantic Construction Co. (D. C. N. Y.), 35 Am. B. R. 838; 228 Fed. 571. Sufficient cash to pay all debts which have priority and the costs of the proceedings, must be deposited. In re Fisher & Co. {supra) ; In re Fox (supra) ; In re Harvey (supra). Costs of proceeding. In re Harris, 9 Am. B. R. 20; 117 Fed. 575. Referee's fees. In re J. Bacon & Sons, 34 Am. B. R. 825; 224 Fed. 764; modified, Kinkead v. J. Bacon & Sons (C. C. A. 6th Cir.), 36 Am. B. R. 390. Waiver of deposit by creditors. 8. c. ( supra ) . Counsel fees. In re Dalton, 14 Am. B. R. 617; 137 Fed. 178. Waiver of fees by attorneys. In re Frischknecht (C. C. A. 2nd Cir.), 34 Am. B. R. 530: 223 Fed. 417; 139 C. C. A. 11. 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. Right to accumulated interest. In re Kelley, 35 Am. B. R. 127; 223 Fed. 383. Order of referee res adjudicata as to action to recover same in State court. Coen V. James (App. Div. N. Y.), 33 Am. B. R. 249; 164 App. Div. 419. FORMS IN BANKRUPTCY. 479 FORM No. 299. [Official.] APPLICATION FOR CONFIRMATION OF COMPOSITION. United States District Court, for the District of III Rankniptcy. In the Matter OF {Alleged) bankrupt. ^ No. To tlie Honorable Judge of the District Court of the United States, for the District of : At , in said district, on the day of , 19. ., now coiTies the above named (alleged) 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 (alleged) 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. (Vf J ification.) (Alleffed) Bnnl-rupt. 480 FORMS IN BANKRUPTCY. FORM No. 300. ORDER TO SHOW CAUSE ON PETITION FOR CONFIRMATION. . . . o 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 phall 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. 481 FORM No. 301. NOTICE TO CREDITORS OF CONFIRMATION. United States District Court, for the District 111 Bankruptcy. In the Matter OF - No. (Alleged) Bankrupt. To the creditors of , (allefred) bankrupt: Notice is hereby given that the above named (alleged) 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 numl)er 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 (alleged) 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 jiersons 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 he granted, and also to attend the exam- ination of the (alleged) bankrupt thereon. Dated , 19... > Referee in Banhriiptcy. No Street, City of [Annex proof of publication as in Discharge proceeding.] 482 FORMiS IN BANKRUPTCY. FORM No. 302. REPEREE'S CERTIFICATE THEREON. In the District Court of the United States, for the District of In Bankruptcy. In the Matter OF Bankrtqit. V 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, which 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 T further certify that as far as appears by the record herein the bankrupt lias not been Lniilty of any of the acts or failed to perform any of the duties whidi 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. FORMS IN BANKRUPTCY. 483 (And 1 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 ,11) Referee in Bankruptcy. [Here attach indemnity account in So. Dist. of New York.] NOTES. In the Southern District of New York papers constituting " Record on Composi- tion " should be arranged in following order: 1. Record of Proceedings before Referee. 2. Order of Reference. 3. Allidavits of Publishing and Mailing. 4. Order appointing Trustee (if any). 6. Order approving bond. 6. Minutes. 7. Ofler of Composition. 8. Waivers of Attorneys (if any). 9. Waivers of Creditors (if any). 10. Acceptances of Creditors. 11. Certificate of Deposit. 12. Petition for Confirmation and Order to show Cause thereon. 13. Affidavit Publishing and Mailing. 14. Certificate of Referee. 15. Indemnity Account. 16. Affidavit on Confirmation. (Rule 23.) FORM No. 303. ORDER .CONFIRMING COMPOSITION AND MAKING DISTRIBUTION. United States District Court, for the District of : In Bankruptcy. Ix THE ^Iatter OF BanVrnpt. Xo. 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 484 FORMS IN BANKRUPTCY. such composition has been accepted by a majority in number of all of the creditors whose claims have l)een 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 desig- nated by this court, and subject to the order of the Judge (or Judges) 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 o8-a, (2), of said Bankruptcy Act, and no specifications of objection to such confirmation having been filed, and the court being satisfied in all of the particulars specified in Section 12-b of said Act ; it is Ordered, that said composition be, and the same hereby is, in all respects confirmed ; and it is further Ordered and Decreed, that the distribution of the moneys deposited with the in these proceedings to the order of Judge, (or Judges) 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 costs of these proceedings and the claims entitled to priority as set forth in schedule "A" hereto annexed and made part of this order. 2. That he pay to the persons named in schedules " B " and " C " hereto annexed and made part of this order the amounts set opposite their respective names, the same being a composition dividend of . . . .% upon the claims of the general creditors of said bankrupt which have been scheduled, proven, or allowed by the referee herein. 3. That he pay the balance of the deposit remaining in the Bank after making the aforesaid payments to the bankrupt or his attornev. "Witness the TTon Tudge of said Court at the Court House in the City of , this day of , 19. . D. J. [Schedules as above annexed and signed by referee.] FORMS IN BANKRUPTCY. 485 CERTIFICATE OF HEFEREE THEREON. In the District Court ol' the L'nited States, for the District of . . . IX TJIE ^lATTliR OF Bankrupt. Xo. 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 schedules. And I further certify that the calculation of payments to l)e made under the composition confirmed herein and as set forth in the said annexed schedules is correct. Dated , 19. .. Referee in Banlruplci/. NOTES. Act, Sec. 12-d, e. Only the judfre has power to confirm. In re Sonnabend, 18 Am. B, R. 117. Section strictly construed Tn ro Frear, 10 Am. B. R. 199; 120 Fed. 978. In re Rider, 3 Am. B. R. 17S: 96 Fed. 808. Broadway Trust Co. v. Mannheim, 14 Am. B. R. 122; 47 Misc. (X. Y.) 415; 95 N. Y. Supp. 93. Reorganization afirecnient not to be confirmed as a composition under the Act. In re Northampton Portland Cement Co. (D. C. Pa.), 25 Am. B. R. 565; 185 Fed. 542. AMien confirmation should not be withheld. In re French, 25 Am. B. R. 77; 181 Fed. 583. Upon entry of order of confirmation, the title to bankrupt's property immediately revests in him. In re Winship Co. (C. C. A. 7th Cir.), 9 Am. B. R. 638; 120 Fed. 93; 66 C. C. A. 45. Rights of bankrupt under lease made by his trustee. The Bracklce Co. v. O'Connor (N. Y. Sup. Ct.), 24 Am. B. R. 499; 67 Misc. (N. Y.) 599; 122 N. Y. Supp. 710. Order of confirmation in efTcct a discharge and may be pleaded in bar with like effect. Mandell & Co. v. Levy (X. Y. Sup. Ct.), 14 Am. B R. 549; 47 Misc. (N. Y.) 147; 93 N. Y. Supp. 545. 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. 486 FORMS IN BANKRUPTCY. 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. 12-3. Stone V. Jenkins, 4 Am. B. R. 568; 176 Mass. 544. Mortgage creditor cannot recover a deficiency judgment on foreclosure against bankrupt. American Woolen Co. v. Cohen, 142 App. Div. (N. Y.) 880. Confirmation of a composition of a bankrupt co-partnership releases the partners from individual liability for firm debts. Abbott V. Anderson et al., 31 Am. B. R. 877. If not pleaded is deemed waived. Dimock v. Revere Coffee Co., 117 U. S. 559; 29 L. Ed. 994. Laches on part of creditor to correct amount of scheduled claim. In re Wilkins, 27 Am. B. R. 235; 191 Fed. 94. Effect of failure to carry out a composition. In re A. B. Carton & Co., 17 Am. B. R. 343; 148 Fed. 63. In re Maytag-Mason Motor Co., 35 Am. B. R. 160; 223 Fed. 684. Except in case of fraud, a creditor knowing that he is not included in schedules cannot afterwards complain of the omission. In re Abrams and Rubins, 23 Am. B. R. 25; 173 Fed. 430. Application of funds on failure of composition. In re Wiener, 32 Am. B. R. 777; 215 Fed. 278. Liability for expenses, s. c. 33 Am. B. R. 355; 217 Fed. 173. Effect of. On an action for deceit. Friend v. Talcott (U. S. Sup.), 30 Am. B. R. 31; 228 U. S. 27; 57 L. Ed. 718; aff'g 24 Am. B. R. 708. Acceptance of dividend under composition held in New York to release security in absence of agreement to the contrary. McDonald v. Taylor & Co. (X. Y. App Div.) 26 Am. B. R. 635; 144 App. Div. (N. Y.) 329. The endorser of an accommodation note is not discharged from liability because payee had participated in and assented to a composition made by principal debtor. Easton Furniture Mf'g Co. v. Caminez (X. Y. App. Div.), 27 Am. B. R. 29; 146 App. Div. (X. Y.) 436. See contra. In re Benedict (D. C. X. Y.), 18 Am. B. R 604; 140 Fed. 55. Effect of secured creditor. Moschkovitz v. Wagner (City Ct. X'. Y.), Xew Yt)rk Law Journal, Jan. 19. 1916, p. 1440. Distribution on composition. Judge to prescribe maimer. In re Lane, 11 Am. B. R. 137; 125 Fed. 772. As to referee's powers thereon. In re Fox, 6 Am. B. K. 525. Right of unscheduled cred.tor to share. In re Ennis & Stoppani (D. C. X. Y.), 25 Am. B. R. 383; 183 Fed. 859. Claims not proved within one year. In re Brown, 10 Am. B. R. 588; 123 Fed. 336. In re Lane {supi-a). In re French ( D. C. Mass.), 25 Am. B. R. 77; ISl Fed. 583. In re Blond (D. C Mass.), 34 Am B. R. 193; 188 Fed. 452. FORMS IN BANKRUPTCY. 487 Bankrupt may oppose allowaiKe of claims. In re Lane (supra). In re French (snpra). But not heard to oppose claim of creditor who has received a preference. In re (ihinasin, 34 Am. B. K. 818. Order confirminjj a composition i.s a judf;ment granting; a discharge reviewable by appeal undt-r Sec. 'Zo-a. In re Friend (C. C. A. 7th Cir.), 13 Am. B. R. 595; 134 Fed. 778; 67 C. C. A. 500. An order refusing to confirm a composition on .the sole ground that '" it is not for the heat interests of creditors," is not a bar to a subsequent disciiarge, and tiierefore is not a final order denying a discharge from whicli an appeal will lie under Sec. 25-a (2) of tlie Act authorizing an appeal from a judgment denying a discharge. In re :\IcVoy Hardware Co. (C. C. A. 7th Cir.), 29 Am. B. R, 322; 200 Fed. 949; 119 C. C. A. 337. Ross V. Saunders (C. C. A. 1st Cir.), 5 Am. B. R. 350; 105 Fed. 915; 45 C. C. A. 123. But see, United States ex rel. Adler v. Hammond (C. C. A. 6tii Cir.), 4 Am. B. R. 73G; 104 Fed. 862; 44 C. C A. 229. Parties to appeal. :Marsliail Field & Co. v. Wolf & Bro. Dry Goods Co. (C. C. A. 8th Cir.), 9 Am. B. R. 093; 120 Fed. 815; 57 C. C. A. 320. Ross V. Saunders (supra). Time to appeal. In re McCall, 10 Am. B. R. 070; 145 Fed. 898; 76 C. C. A. 430. (As to appeals in composition cases, see '"Appeals,'' infra.) FORM No. 304. NOTICE OF APPEARANCE OF OBJECTING CREDITOR, United States District Court, for the District of Til Baiikrujitcy. Ix TirK Matter OF Banl-riipl . Y Xo. 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 488 FORMS IN BANKRUPTCY. tlie above named bankrupt, whose claim lias 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 , Objecling Creditor. Address FORM No. 305. SPECIFICATIONS OF OBJECTION TO CONFIRMATION OP COMPOSITION. In the District Court of the United States, for the District of : In Bankruptcy. In the Matter OF (Alleged) Bankrupt. No. , of , a creditor and person interested in the estate of , the al)o\o-named (allejjed) bank- ru])t, docs hereby oppose and object to the confirmation of the composition offered by said (alle^^cd) bankrupt, 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 he confirmed. II. That the (alleged) 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 not in good faith, because of the fact that: [Here set forth acts or conduct conifdained of.] FORMS IN BANKRUPTCY. 489 Wherefore objects to the eonfirmation oi' the com- position herein ajid asks a hearing of the Court thereon. ° > Objectinq Credilor. By , A Harney. Address [Verification.] NOTES. Specifications of objection. Only grounds available are those set forth in Sec. 12 (d). In re Rudwick, 2 Am. B. R. 114; 93 Fed. 787. Must be definite and certain and in the lang\iaf;^e of tlie Act. Should be framed with great precision, with averment of facts, not conclusions. In re Rider, 3 Am. B. R. 178; 96 Fed. 808. Who may file. Creditor or " party in interest." An assignee of an original claim against a bankrupt entitled to file. In re Comstock, 19 Am. B. R. 65; 1.54 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). Withdrawal of objections. In re Levy (D. C. Mass.), 22 Am. B. R. 769; 172 Fed. 780. Burden of proof on objector. City Nat. Bank v. Doolittle (C. C. A. 5th Cir.), 5 Am. B. R. 7.36; 107 Fed. 2.36; 46 C. C. A. 258. Burden on those attacking the composition as against the best interests of creditors to show the offer is inadequate and that a substantially larger sum might reasonably be expected to result from administration in regular course of bankruptcy. In re Hoxie (D. C. .Me.), 25 Am. B. R. 32; 180 Fed. 508. Grounds of objection. Because against the best interests of the creditors. Adler V. Jones (C. C. A. 6th Cir.), 6 Am. H. K. 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. In re Ilo.xie (supra). In re I'.arde & Levitt, 31 Am. B. R. 161 ; 207 Fed. 654. In re Spiller. 36 Am. B. R. 399. There must be a majority in number and amount of individual as well as partner- shij) creditors for individual composition of bankruj)! partner. In re L. rilnian & Co. (D. C. X. Y.), 24 Am. B. R. 755: ISO Fed. 944. Because of the commission of acts or failure to perform duties which would bar a discharge. :n re Wilson, 5 Am. D. R. 849; 107 Fed. 83. 490 FORMS IN BANK KU PTC Y. In ro Comstock, 19 Am. li. R. 65; 154 Fed. 747. In re Olman, 13 Am. B. R. 395; 134 Fed. 681. In re Godwin, 10 Am. E. R. 252; 122 Fed. 111. In re Barde {supt-a). Materially false statement to obtain credit. In re Oriffin, 25 Am. B. R. 206; 180 Fed. 792. In re O'Callaohan, 29 Am. B. R. 304; 199 Fed. 662. In re McLellan, 30 Am. B. R. 325; 204 Fed. 482. Failure to keep books. In re Sabsevitz, 28 Am. B. R. 623; 197 Fed. 109. Concealment of assets upon advice of counsel. In re B. Jacobson & Son Co. (C. C. A. 3rd Cir.), 28 Am. B. R. 492: 196 Fed. 949; 116 C. C. A. 499. Because of the absence of good faith. In re Seligman, 20 Am. B. R. 774; 163 Fed. 549. In re Comstock {svpra). Secret preferences render illefjal. 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. Continuing liability of indorser of note not an inducement vitiating a composition. In re B. Jacobson & Son Co. (C. C. A. 3rd Cir.), 28 Am. B. R. 402: 196 Fed. 949; 116 C. C. A. 499., Inequality among creditors. In re Kinnane Co. (D. C. ().), 34 Am. B. R. 119; 221 Fed. 762. An agreement by a trustee in bankruptcy whereby, witliout tlie knowledge of other creditors, he personally guarantees to one creditor tlie payment of a certain dividend in order to induce such creditor to sign a composition agreement, constitutes a secret preference to such creditor, and although it does not render tlie composition void, is unenforceable as against public policy. Jacobs v. Siflf (X. Y. Sup. App. Term i , 27 Am. B. R. 189: 74 iNIisc. (X. Y.) 58; 131 X. Y. Supp. 656. Comi)are IIanov»-r Xat. Bank v. ^'an Xostrand, 142 X. Y. 405. Almon V. Hammond, 100 X. Y. 527. FORMS IN BANKRUPTCi\ 491 FORM No. 306. EXCEPTIONS TO SPECIFICATIONS. United States District Court, for the District of In Bankruptcy. In thk Matter OF V No. Bankrupt. , the hankrupt 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 Act and the Amendments thereof, for withholding confirmation of the proposed composition. 3. 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 Bankrupt. City of , 492 FOKMS IN BANKEUPTCY. FORM No. 307. REPORT OF SPECIAL. MASTER ON SPECIFICATIONS OF OBJECTION TO COMPOSITION. United States District Court, for the District of In Bankruptcy. In the Matter OF [ No. Bankrupt. 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 l)e 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 in number : 1. That the ofl'cr is inadequate in amount and not for the best interests of creditors. 2. That there is no cash payment. 3. That the })ankrupt's property is al)out to l)e put into the hands of trustees or directors, who are not required to give any bond. 4. Because the said bankrupt has committed an offense against the Baidc- ruptcy Act in that he did, etc. [Specify nature of offense.] [Here follows sul)stance of report, each specification considered and soi)a- rately passed upon.] I have, therefore, come to the conclusion and report that in my opinion the FORMS IN BANKRUPTCY. 493 objecting creditors have failed to sustain any of their objections and they should each of them be overruled, and T recommend that the composition be confirmed for rejected upon opposite findings.] Dated, , , , 19. .. Respectfully submitted, Special Mcuiier. FORM No. 308. 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 Judje. In the Mattee OF V No. Jiankriipt. An application for confirmation of the composition offered by the bankrupt to bis creditors having been made herein, and specifications of objection having 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 tliat 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 , 494 FOR:\rR TN BANKRUPTCY. attorney for , in support of said motion, and , attorney for , in opposition thereto, Now, on motion of , attorney for , it is Ordered, tliat the report of , special master Iierein, 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-, iirmation 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. 309. PETITION TO SET ASIDE A COMPOSITION. In the District Court of the United States for the District of In Bankruptcy. Ix THE Mattkr OF liaiikrupt. To th2 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 lias been duly filed and allowed in this proceeding. FORMS IN BANKKUPTCY. 495 2. That on the day of , 19. ., the Ijaiikrupt herein, after he had been examined before Ihe referee, duly offered a composi- tion 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 l)ankrupt, ui)on the terms and conditions as offered and on the day of , 19. ., the said composition was duly confirmed l)y 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 com])osition 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 l)y the said bankrupt in procuring the said com- position in the following particulars : [here allege specifically the fraudulent acts of l)aid Third : That your petitioner is the owner and entitled to the immediate possession of the propert}' set forth in schedule "A" hereto annexed, and 500 FORMS IN BANKRUPTCY. made a part hereof, and that tlie value of said property is ($ ) dollars. Fourth : That your petitioner further alleges upon information and ])elief, that heretofore and on or about the day of , 19 . . . , an involuntar}' petition in l)ankruptcy was filed 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 receiver in bankruptcy of the said , and that pursuant to the order of his appointment, he did take possession of and continues to hold the property mentioned and described in the sched- ule herto annexed and made a part hereof, marked "A," and that the, said property is in the original piece in which it was delivered by your peti- tioner to the said (That on the day of , 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., Receiver, 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 l^etween 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 Math 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 FORMS IN BANKRUPTCY. 501 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 altove 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 ijiformed 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 day of , the assets as heretofore alleged and stated by him in said statement, of the total value of $ , and owed in lialiilities a sum in excess of the liabilities as hereinal)ove 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 lialjilities of the sum of $ I^leventh : That the said goods had )iot 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. AYherefore, 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 descril)ed, upon your petitioner filing in the office of the clerk of this Court a l)ond in doulile 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 ])e 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.] 502 FORMS IX BANKRUPTCY. NOTES. Sections 70-a (.5), 67-a, d. When right to reclaim exists. In re Murphy-Barbi'e Shoe Co., 11 Am. B. R. 428. In re Hamilton Furniture etc. Co., 9 Am. B. R. 65; 117 Fed. 774. In re Patterson and 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. 874. In re Hildebrant, 10 Am. B. R. 184; 120 Fed. 992. In re O'Connor, 9 Am. B. R. 18; 114 Fed. 777. John Silvey Co. v. Tift, 17 Am. B. R. 9; 123 Ca. 804; 51 S. E. 748. Halsey v. Diamond Distilleries Co. (C. C. A. 3rd C"r.), 27 Am. B. R. 333; 191 Fed. 498; 112 C. C. A. 142. Purchase with intent not to pay. In re Henry Siefiel Co. (D. C. Mass.), 35 Am. B. R. 130; 223 Fed. 308. Surrender of payments. In re Mvu-phy-Barbee Shoe Co. {supra). [Ed. note.l In Southern District of New York by order of judges reclamations of j>roperty of less than $500 in value must be brought in municii)al court. When "consigned goods" may not be reclaimed. In re Penny and Anderson (D. C. N. Y.), 23 Am. B. R. 115; 176 Fed. 141. Customers of bankrupt stockbroker. In re Pierson, Jr., and Co. (D. C. N. Y.), .35 Am. B. R. 213; 225 Fed. 889. Burden of proof upon claimant. In re Murphy-Barbee Shoe Co. (supra). In re Heckathorn (D. C. Pa.), 16 Am. B. R. 467; 144 Fed. 499. In re Sol Aarons and Co. (C. C. A. 2nd Cir.), 28 Am. B. R. 399; 193 Fed 646; 113 C. C. A. 514. Hecker- Jones- Jewell Milling Co. v. Strasbourger (In re Marks) (C. C. A. 2nd Cir.), 33 Am. B. R. 275; 218 Fed. 453; 134 C. C. A. 253. When right to reclaim denied. In re Hill Co. (C. C. A. .7th Cir.), 12 Am. B. R. 221 (note); 123 Fed. 866: 59 C. C. A. 354. In re Simpson Mfg. 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; 175 Fed. 586. See, In re Froelich Rubber Refining Co., 15 Am. B. R. 72; 139 Fed. 201. In re O'Connor. 7 Am. B. R. 428; 112 Fed. 666. In re American Knit (Joods Mfg. Co. (D. C. N. Y.), 19 Am. B. R. 212; 155 Fed. 906. In re Berg (D. C. Mass.), 25 Am. B. R. 170; 183 Fed. 885. In re Russell and Birkitt, 5 Am. B. R. 608. Election of remedies. When claimant lias filed a claim and voted for the trustee with knowledge of the bankrupt's fraudulent representations, he may not afterwards rescind tiie contract, withdraw his claim and reclaim the ;joods. 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. FORMS IN BANKRUPTCY. 503 Nauman Co. v. Bradshaw (C. C. A. Htli Cir.), -11 Am. B. 11. ,%5; 103 Fed. 3-50; 113 C. C. A. 274. Waivin;^ the fraud by ratitioatioii of contract. Fowler v. Britt (_ arson Shoe Co. ((Ja. Sup. Ct.), 27 Am. B. K. 232. In re Stewart, 24 Am. B. 11. 474; 178 Fed. 463. Rescission of contract. Riglit to rescind depentls uiion the conditions and int<'iition of tlie 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; 155 Fed. 262. McEwen v. Totten (C. C A. 5th Cir.), 21 Am. B. R. 336; 164 Fed 837; 00 C C A.- 599. In re McDonald, 14 Am. B. R. 797; 13S 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. In re Davis, 7 Am. B. R. 273; 112 Fed. 294. Bloomingdale v. Empire Rubber Mffj. Co., 8 Am. B. R. 74; 114 Fed. 1016. Wm. Openhym and Sons v. Blake (C. C. A. 8th Cir.), 19 Am. B. R. 639: 157 Fed. 536; 87 C. C. A. 122. Haywood Co. v. Pittsburc^h Industrial Iron Works, 19 Am. B. \\. 7S0; 16.", I'ed. 799. In re Darlington (D. C. N. Y.), 20 Am. B. R. 800; 163 Fed. 385. In re Dunlop (Dunlop v. Mercer) (C. C. A. 8th Cir.), 19 Am. B. R. 361; 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; 173 Fed. 150. Crucible Steel Co. of America v. Holt (C. C. A. 6th Cir.). 23 Am. B. R. .302; 174 Fed. 127; 98 C. C. A. 101; aflf'd, 224 U. S. 262; 56 L. Ed. 7.56. Ellet-Kendall Shoe Co. v. Ward (C. C. A. 8th Cir.), 26 Am. B. 1!. 1 U; 1S7 Fed. 982; 110 C. C. A. 320. Fraudulent concealment of financial condition, when hopelessly insolvent. In re Spann (D. C. Ca.), 25 Am. B. R. 551; 183 Fed. 819. Gillespie v. J. C. Piles and Co. (C. C. A. 8th Cir.), 24 Am. B. R. 502; 178 Fed. 886; 102 C. C. A. 482. Talcott v. Henderson, 31 Ohio St. 162. See, In re Lewis (D. C. Pa.), 10 Am. B. R. 741 ; 125 Fed. 143. In re Sol Aarons and Co. (supra). In re Hecker-.Ioncs-Jewell Milling Co. v. Strasbourgcr ( In re Marksl (sripra). Donaldson v. Farwell, 93 U. S. 631. Not necessary that false representations should be the sole and exclusive considera- tion for the credit, but only that they were a material consideration. In re Cany. 4 Am. B. R. 576; 103 Fed. 930. Iviirht of defrauded vendor for false or fraudulent representation not affected by amendment of 1910. In re J. S. Appel Suit and Cloak Co., 28 Am. B. R. 818; 198 Fed. 322. What petition should contain. SufTicient allegations to sustain a complaint in trover, or such as are required by the strictest practice in an affidavit in replevin. In re Levi and Picard (D. C. N. Y.), 17 Am. B. R. 430: 155 Fed. 262. In re Marengo Co. Mercantile Co., 29 Am. B. R. 46; 149 Fed. 474. Contra. In re IMiTce {supra) . 504 FORMS IN BANKRUPTCY. Where there has been no false representations inducing the sale it is necessary to allege and prove the intent of the bankrupt not to pay at the time of making the contract; not so, however, where false representations have been made which are relied upon. In re New York Commercial Co. (C. C. A. 2nd Cir.), 35 Am. B. R. 779; overruling doctrine of. In re Levi and Picard (D. C. N. Y.), 16 Am. B. R. 756; 148 Fed. 654 and s. c. (supra) . See, Eliot-Kendall iShoe Co. v. Ward (C. C. A. 8th Cir.) (supra). in re Hamilton Furniture and Carpet Co. (D. C. Ind.) (supra). Trustee proper party to defend against reclamation. In re Schlessel, 18 Am. B. K. 434. Bankrupts testimony at first meeting of creditors is admissible against his trustee upon a hearing in reclamation proceedings had after death of bankrupt. In re Thompson (D. C. X. J.), 28 Am. B. R. 794; 197 Fed. 681. Money paid under a mistake of fact is impressed with a constructive trust which follows it in the hands of the trustee in bankruptcy. In re Jacob Berry and Co. (C. C. A. 2nd Cir.), 16 Am. B. R. 564; 147 Fed. 2U8; 77 C. C. A. 434. 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. FORM No. 313. NOTICE OF MOTION TO RECLAIM.' In the District Court of the United States, for the District of . . . . In Bankruptcy. In the Matter OF Bankrupt. Xo. Please take notice that upon the annexed petition of verified the day of , If) ... , and upon the petition in baiik- 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 direct- ing and requiring Esq., the receiver (or trustee) herein, to turn over and deliver to the property mentioned and described in Schedule "A" hereto annexed, or so much thereof as has come FOKMS IN BANKRUPTCY 505 into his possession, [upon sudi petitioner executing and iiling herein a bond in tlie sum and form required hy tliis Court,] and for such other and further relief as may be just and proper in the premises. Dated , I'J. . . Yours, etc.. To Attorney for Petilioner. [Address.] I'einporari/ Receiver {or Trustee) of Esq., Aiiorneij for Receiver {or 'Trustee). Bankrupt. FORM No. 314. PETITION TO RECLAIM CONSIGNED GOODS. United States District Court, District of In Bankruptcy. In the Matter OF Banhriipi. To the District Court of the Ignited States, for the District of : The petition of respectfully shows to this Court : 1. That he is engaged in Inisiness as at 2. That heretofore on or a])out the day of , 19 ... , a petition in involuntary bankruptcy was filed in this Court hy three creditors, praying that above named, be adjudged a bankrupt and on said day Esq., was duly appointed receiver of all the assets and effects of said alleged bankru])t duly qualified and is now acting as such receiver. 3. (An order of adjudication in bankruptcy herein was entered on the .... day of , 10. ..) 506 FOKMS IX BANKRUPTCY. 4. That heretofore and between the day of and the day of , 15) . . ., l)oth dates inclusive, petitioner, at the special instance and request of the said , the ])ankrupt herein, delivered upon consignment to the said , the goods, wares and merchandise specified in the schedule hereto amiexed, marked Exhibit "A", and made a part hereof. 5. That prior to the delivery of the said goods, and on or about the day of , 19 ... , the said petitioner and entered into an agreement in writing, a copy of which is hereto annexed and marked Exhil)it " B " and made part hereof as though herein specifically set forth. That the goods referred to in the annexed schedule were delivered suljject and pursuant to the conditions set forth in the said agreement, and are and remain the al)Solute property of petitioner, who is entitled to the immediate possession of same. 6. That pursuant thereto your petitioner has heretofore demanded the return of the said goods, or the moneys which i^re set forth therein as its equivalent, but the said has neglected and refused to return the same. 7. Upon information and lielief that the said property is now in the posses- sion of the said , as receiver, and your petitioner has duly demanded of him the return of the said merchandise, but the said receiver has refused to deliver the same. Wherefore, petitioner prays for an crder directing the said receiver to forthwith deliver to petitioner the said goods in his possession covered by the said consignment agreement, or any moneys which he, the said receiver, may have received upon the sale thereof previous to the entry of such order. [Add prayer for restraining order, if desired.] Dated ,19... Petitioner. [Verification.] NOTES. Conditional sales. Reservation of title. York Mffr. Co. v. Brewster (C. C. A. 5th Cir.). 23 Am. P.. R. 474; 174 Fed. 566; 98 C. C. A. 348. John Deere Plow Co. v. Anderson (C. C. A. 5th Cir.). 23 Am. B. R. 4S0; 174 Fed. 815. Chilberg v. Smith (In re American Machine Works) (C. C. A. 0th Cir.). 23 Am. B. R. 483; 174 Fed. 805; 98 C. C. A. 523. 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 GiUipan (Troy Wajion Works v. Hancock) (C. C. A. 7th Cir.). 23 Am. B. R. 668; 152 Fed. 605; 81 C. C. A. 505. Walter A. Wood Mowinjr and R. Machine Co. v. Vanstory (C. C. A. 4th Cir.), 22 Am. B. R. 740; 171 Fed. 375; 96 C. C. A. 331. Corbitt Buggy Co. v, Ricaud (C. C. A. 4th Cir.). 22 Am. B. R. 316: 160 Fed. O.-^^; 95 C. C. A. 279. • FORMS IN BANKRUPTCV. 507 The validity of contract dcpt'iids ui)on the law of tho State where chattels art- placed. Davia v. Cromptou (C. C. A. 3rd Cir.), 20 Am. B. K. 53; 158 Fed. 735; 85 C. C, A. 633. First Nat. Bank of Pittsburgh v. (Juarantee Title and Ti-ust Co., 178 Fed. 187. In re E. M. Newton and Co. (C. C. A. 8th Cir.), 18 Am. B. R. 567; 153 Fed. 841; 83 C. C. A. 23. Unitypc Co v. Long (C. C. A. 6th Cir.), 16 Am. B. R. 282; 143 Fed. 315; 74 C. C. A. 453; aff'g 14 Am. B. R. 668; 136 Fed. 989. 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; 163 Fed. 444. Mishawaka Woolen Mfg. Co. v. Smith (D. C. Wis.), 20 Am. B. R. 317; 158 Fed. 885; rev'd, 172 Fed. 98; 96 C. C. A. 412. Pontiac Buggy Co. v. Skinner (D. C. N. Y.), 20 Am. B. R. 206; 158 Fed. 858. Pridmore v. Puffer Mfg. Co. (C. C. A. 4th Cir.), 20 Am. B. R. 851; 163 Fed. 406; 90 C. C. A. 42. In re Columbus Buggy Co. (C. C. A. 8th Cir.), 16 Am. B. R. 750; 143 Fed. 859; 74 C. C. A. 611. In re Nelson, 27 Am. B. R. 272; 191 Fed. 233. Mishawaka \\'oolen ^Ifg. Co. v. Westveer (C. C. A. 6th Cir.), 27 Am. 15. R. 345; 101 Fed. 465; 112 C. C. A. 109. 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. See, Davis v. Crompton (C. C. A. 3rd Cir.) (supra). Sale or bailment. York Mfg. Co. v. Cassell (U. S. Sup.), 15 Am. B. R. 633; 201 U. S. 344; 50 L. Ed. 782; rev'g 14 Am. B. R. 52; 135 Fed. 52; 67 C. C. A. 526. 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 Gait iC. C. A. 7th Cir.), 13 Am. B. R. 575; 120 Fed. 64; 56 C. C. A. 470. 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. In re Smith and 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; 132 Fed. 983. L. C. Smith and Bro. Typewriter Co. v. Alloman (C. C. A. 3rd Cir.), 28 Am. B. R. 699; 199 Fed. 1; 117 C. C A. 577; rev'g In re Franklin Lumber Co. (D. C Pa.), 26 Am. B. R. 37; 187 Fed. 281. Thomas v. Field Brundage Co. (C. C. A. 8th Cir.), 32 Am. B. R. 569; 215 Fed. 801; 132 C. C. A. 231. Failure to file, since Amendment of 1910 to Section 47-a (2) vesting in trustee the rights of a lien creditor. In re Franklin Lumber Co. (D. C. Pa.). 26 Am. B. R. 37: 187 Fed. 281; rev'd. L. C. Smith and Bro. Tyj.. -writer Co. v. Alleman. 28 Am. B. R. 690: 100 Fed. 1 : 117 C. C. A. 577. In re J. S. App^l Suit and Cloak Co.. 28 Am. K R. 818; 198 Fed. 322. 508 FORMS IN BANKRUPTCY. In re Bazemore (D. C. Ala.), 26 Am. B. R. 494; 189 Fed. 236. In re Johnson (D. C. Conn.), 33 Am. B. R. 104; 215 Fed. 666. In re Faulkner (D. C. Conn.j, 25 Am. B. R. 416; 181 Fed. 981. In re Johnson (D. C. Okla.), 31 Am. B. R. 579; 212 Fed. 311. Baker Ice Machine Co. v. Bailey (C. C. A. 8th Cir.) (Kansas Stat.), 31 Am. B. R. 593; 209 Fed. 603; 126 C. C. A. 425. Townsend v. Ashepoo Fertilizer Co. (C. C. A. 4th Cir.), 31 Am. B. R. 682; 212 Fed. 97; 128 C. C. A. 613. Augusta Grocery Co. v. Southern Moline Plow Co. (C. C. A. 4th Cir.) (So. Car. Stat.), 31 Am. B. R. 677; 213 Fed. 786; 130 C. C. A. 444. In re Waite Robbins Motor Co. (D. C. Mass.), 27 Am. B. R. 541; 192 Fed. 47. In re Rose (D. C. Ga.), 30 Am. B. R. 791; 206 Fed. 991. Amendment of 1910 to Section 47-a (2) ; no retroactive effect. Holt V. Henly (U. S. Sup.), 32 Am. B. R. 16; 232 U. S. 637; 58 L. Ed. 767; rev'g, B. c. 27 Am. B. R. 578; 193 Fed. 1020; 113 C. C. A. 87; and In re Williamsburg Knitting Mill, 27 Am. B. R. 178. Arctic Ice Machine Co. v. Armstrong County Trust Co. (C. C. A. 3rd Cir.), 27 Am. B. R. 562; 192 Fed. 114; 112 C. C. A. 458. Amendment gives a rule of interpretation rather than a substantial right. In re Farmers' Co-operative Co. of Barlow (N. D.), 30 Am. B. R. 190; 202 Fed. 1005. In New York held valid as against trustee by virtue of Section 62. Artich- 4, of Personal Property Law. In re I. S. Remsen Mfg. Co. (D. C. X. Y. i , 35 Am. B. R. 19.5; 227 Fed. 207; aff'd, (C. C. A. 2nd Cir.), 36 Am. B. R. 799. In re White's Express Co. (C. C. A. 2nd Cir.), 33 Am. B. R. 74; 215 Fed. 894; 132 C. C. A. 234. In New Jersey. In re O'Brien (P. C. N. J.), 32 Am. B. R. 347: 215 Fed. 129. In Alabama. In re Dancy Hardware and Furniture Co. (D. C. Ala.), 28 Am. B. R. 444; 198 Fed. 336; aff'd, 201 Fed. 1023. Local law determines question whether property sold under conditional sale agree- ment becomes part of the realty. National Bank of Commerce v. Carbondale ilachine Co. (C. C. A. 8th Cir.), 27 Am. B. R. 840; 195 Fed. 187; 115 C. C. A. 139. As to right of reclaiming creditor to subsequently tile claim after expiration of year. See, In re Landis, 19 Am. B. R. 420: 156 Fed. 318. Absolute bill of sale in effect a chattel mortgage void for failure to file as re(|uired by State law. In re Gerstman and Bandman (C. C. A. 2nd Cir.), 19 Am. B. R. 145; 157 Fed. 550; 85 C. C. A. 211; aff'g 17 Am. B. R. 882. In re Schlessel, 18 Am. B. R. 4.34. In re King Motor Car Co., 31 Am. B. R. 172. In re Watts-Woodward Press, Inc. (C. C. A. 2nd Cir.), 24 Am. B. R. 684; 181 Fed. 71: 104 C. C. A. 105. Reservation of title upon shifting stock of merchandise. Flanders Motor Co. v. Reed (C. C. A. 1st Cir.), 33 Am. B. R. 842; 220 Fed. 642; aff'g In re Harrington, 32 Am. B. R. 828; 212 Fed. 542; and 29 Am. B. R. 691. In re Noethen (C. C. A. 2nd Cir.), 29 Am. B. R. 234; 201 Fed. 97; 119 C. C. A. 435; aff'g 27 Am. B. R. 910; 195 Fed. 573. In re Volence, 27 Am. B. R. 914; 197 Fed. 232. FORMS IN BANKRUPTCY. 5U9 FORM No. 315. ANSW^ER IN RECLAMATION. United States District Court, for the District lu Bankruptcy. In the Matter OF Bankrupt. No. as Receiver in Bankruptcy (or Trustee) of the estate of the above named bankrupt, answerin,^ 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 (trustee) further answering the said petition denies that he. has knowledge or information sufficient to form a belief as to the allega- tions of paragraphs numbered and of said petition, and therefore denies same. 3. The receiver (trustee) further answering the said petition, denies the allegations of paragraph of said petition. 4. The receiver (trustee) denies the allegations of paragraph but admits that a letter dated , from the attorneys for the peti- tioner 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 (trustee) 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 (trustee) as a part of the assets 1)elonging to this estate. The receiver (trustee) further answering said petition for a further and S(iparate defense (or counter-claim) thereto alleges: [TTere set forth specifically defense or counter-claim.] Wherefore, the receiver (trustee) demands judgment dismissing the peti- tion of the claimant herein, with costs. As Receiver (Tru.'^tee) in Banl-ruptcy of (Address.) Afforneji for Receiver (Trustee). [Verification.] NOTES. [Trustee after appointment proper person to answer and defend.] 510 FORMS IN BANKRUPTCY. FORM No. 316. BOND IN RECLAMATION FOR POSSESSION OF PROPERTY. United States District Court, District of : In Bankruptcy. In the Matter OF Banhrnpi. Xo. 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 Xo 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 unto , as Temporary Eecciver 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 AVhereas, in the al)0ve entitled proceeding a petition was duly presented on behalf of the above bound principal praying that as such 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 Eeceiver 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 princij^al oxofutc. 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 FORMS IN BANKRUPTCY. 511 goods above referred to, as by the tinal 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 l)e 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 al)ide 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 liy 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 , AUorneij-in-fact. [Acknowledgment liy princi]ial and surety.] NOTES. Juiisdiction of court to canct'l. In re KefTcaled Ice Co., 29 Am. B. R. 69; 199 Fed. 340. In re Todd, G Am. B. R. 88; 109 Fed. 265. 512 FORMS IN BANKRUPTCY. FORM No. 317. ORDER DISMISSING RECLAMATION. At a Stated Term of the District Court of the United States, in and for the .... District of , at the Court House, in the City of , on the day of , 19... Present : Hon District Judge. Ix THE Matter OF Banl-rupt. An application having lieen made by , to reclaim certain chattels now in the possession of the receiver (trustee) herein, and more par- ticularly mentioned and described in the petition of the said reclaiming creditor, and the receiver (trustee) having filed his verified answer in oppo- sition thereto and having moved to dismiss the said petition on the ground of insufficiency, and the same having duly come on for argument, after hearing in support of said application, and in opposition thereto, upon reading and filing tlie petition of , verified the day of 19 ... , and the answer of .... , receiver (trustee) herein, verified the day of , ID... Now, upon motion of , attorney for the receiver, (trustee) it is Ordered, that the said a))])lication of to reclaim certain property now in the possession of the receiver (trustee) herein, lie and hereby is dismissed. I). ./. FORMS IN BANKRUPTCY. 513 FORM No. 318. ORDER OF REFERENCE TO SPECIAL, MASTER. At a Stated Term of the United States District Court for the District of , held at the U. S. Court House in , on the day of , 19... Present : Hon. . Didrict 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 Es(|., the receiver in bankruptcy of the above named bankrupt under a claim of title thereto and the said receiver having fileil 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. NOTES. Reference to special master and not to referee as such. In re Tracy (C. C. A. 2nd Cir.), 24 Am. B. R. 539; 179 Fed. 366; 102 C. C. A. 644. 514 FORMS IN BANKRUPTCY. FORM No. 319. REPORT OF SPECIAL MASTER IN RECLAMATION. District Court of the United States, District of : In the ^Mattek OF Bankrupt. To the Honorable Judge of the District Court of the United States for the District of : 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 filed 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 api^ears that: [Here set for facts forming ])asis 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]. FORMS IN BANKRUPTCY. 515 I state my fee as special master at the sum of $ and return here- with all papers in this proceeding. (All of which is respectfully suhmitted.) Dated ,19... Special Master. FORM No. 320. JUDGMENT IN RECLAMATION FOR DELIVERY, ETC., UPON REPORT OF MASTER. 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 , Disirict Judge. Ix THE Matter OF and Bankrupts. Y No, , havin^f duly lieretofore filed his jictitioii prayiii<>: leave to reclaim certain property more particuhirly mentioned and described in said ])etition upon the grounds that the said bankrupts above named while insolvent, to tiieir knowledge, oI)taincd delivery of the said property with intent upon their part not to ])ay therefor, and that tlio ])urchase and sale of the said property was induced by certain false and fraudulent re])resentations as to their (inancial condition as is more particularly set forth in said petition : and the receiver of the said bankru])ts above named having duly filed his answer and the issues having ])een duly referred to Esq., as special master: and a trial of the said issues having l)een liad, 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 516 FORMS IN BANKRUPTCY. order, judgment and decree confirming the said re^jort 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 confirmed, and it is further Ordered, adjudged and decreed that do recover of the receiver of the Imnkrupts aljove named the property more particularly and in detail set out in the schedule hereto annexed end marked " Schedule A." or iir the event of the failure or inabilit}^ of the said receiver to deliver the said prop- erty 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 receiver of the l:)ankrupt estate herein the costs and disbursements of this proceeding 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 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 disl)ursements so taxed, the same to be paid out of the bankrupt estate. 154. District Judge. NOTES. [Substitute trustee after election and quai:fication.] Property or its proceeds if same are traceable. In re Fabian, 18 Am. B. R. 48S; 151 Fed. 949. Right of inspection to claimant. In re Sauer, 10 Am. B. R. 353; 122 Fed. 101. 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. Only recovery of tlie identified goods may be liad; as to goods sold or otherwise disposed of by the bankrujjt. the vendor is left to liis remedy as a creditor. In re Eliowich, 17 Am. B. R. 419; 148 Fed. 464. FORMS IN BANKRUPTCY 517 V FOEM No. 321. BILL OF COSTS IN RECLAMATION AND NOTICE OF TAXATION. United :States District Court, for the District of In Bankruptcy. Ix THE ^Matter OF Bankrupt. Ke Keclamation Proceedings of . . . Bill of Costs. Costs. Docket fee Disbursements. Fee of Special Master Stenographer's fee for testimony on hearing . . $20 Total State of .... County of . . District of ss. , being duly sworn, says: that he is the attorney for , claimant (or respondent) herein ; that the foregoing disbursements are correct in amount, were necessarily incurred, and have actually been paid by deponent. That this affidavit is made by deponent because the matters therein contained are peculiarly within deponent's knowledire. Sworn to before me this . . . . dav 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 Ignited States District Court for 518 FORMS IN BANKRUPTCY. the District of , at his office in tlie United States Court House, City of , on tlie day of , 11). . ., at o'clock in the noon of that day for taxation and the amount thereof inserted in the order lieretofore noticed for settle- ment. Dated ^ 19. .. Yours, etc., Attorney for Address Claimant [or resiiottJent.] To: Esq., Attornei/ fur claimant [or re>tpondent.'\ NOTE Costa on dismissal. In re Scliooket. 24 Am. V>. R. 47; 177 Fed. 583. PART XII. DISSOLUTION OF LIENS, PUNISHMENT FOR CON- TEMPT, REOPENING ESTATES AND MISCELLANE- OUS MATTERS. Form No. 3'22. Altidavit to dissolve Lien of Attaciimeiit. 323. Notice of Motion theroon. 324. Order dissolving Lien of Attachment. 325. Order dissolving Lien of E.Kecutioii. 326. Petition to dissolve Lien of (iarnishee Order upon ]?aiikrupt's Earninga and directing Sheriff to pay. 327. Notice of Motion thereon. 328. Order dissolving Lien of (iarnishnient, modifying Stay and directing Sheriff to pay over to Trustee. 329. Order for payment of Sheriff's Fees from Proceeds of Property Delivered by him to Receiver. 330. Answer of Bankrupt to Paile to show Cause for Contempt. 33 L Order adjudging Bankrupt in Contempt. 332. Order i)urging of Contempt. 333. Petition to re-open Estate. 334. Order re-opening Estate. 335. Petition for Allowance by Attorney for petitioning Creditors. 336. Answer by Assignee for Benefit of Creditors to llule to show Cause to turn over Property to Federal Officer. 337. Order designating Dej>ository of Bankruptcy Funds. 338. Bond of Depository. 339. Referee's Report to Clerk inider Order of Attorney (jeneral. FORM No. 322. AFFIDAVIT TO DISSOLVE LIEN OF ATTACHMENT. Court. of Plain tiff, vs. Defendant. St.\te of 1 - .s'.s". Countv of J beiii Sworn to before me this day of 19... FORM No. 323. NOTICE OF MOTION TO DISSOLVE LIEN OF ATTACHMENT. Court, of Plaintiff, 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 phall move this court, at a term thereof, appointed to be hold at the Court House. City of , on the day of , 19. ... at o'clock in the noon, or as soon thereafter as counsel can l)e 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. l)rought by as plaintiff, against as defendant, be dissolved and discharged and that ihe Court fix and allow to Ihe sheriff of the County of , such fees and charges as to this Court 522 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 , Receiver in BanWuptcy. of To Messrs Attorneys for Plaintiff. J Sheriff of the Counlij of . FORM No. 324. ORDER DISSOLVING LIEN OF ATTACHMENT. At a Special Term, etc., of the Court of , held at the Court House, in the City of , on the day of , 19... Present ; Hon. Justice [or Judge], Plaintiff, vs. Defendant. The al)ove named defendant having duly moved this Court for an order dissolving and setting aside the lien of the warrant of attachment herein obtained by the plaintiff against the property of the defendant on the day of , 19. , ., and said motion having duly come on to 1)9 heard, XoAv. on reading and filing the notice of motion dated the (lay of , 19. . . , and the affidavit of verified FORMS IN BANKRUPTCY. 523 the day of 1'.*. . ., and the certillcate of the County Clerk thereto attached, and on reading the summons and complaint herein, and the affidavit of the plaintiff verified the day of , !!>.., and the undertaking on attachment, dated the day of , 19. . ., and the warrant of attachment herein, said latter papers being on tile in the office of the clerk of the of and all of which papers were used in support of said motion ; And it further appearing that the defendant herein is entitled to the relief hereinafter granted because of his adjudication in bankruptcy within four months, as set forth in the aforesaid affidavit of , and after hearing Esq., of conr.sol i'or the defendant in support of said motion, and Esq., of counsel for the plaintiff in op{)0- sition thereto, Now, on motion of attorney for the defendant, it is Ordered, that the said motion be and the same is hereby granted and the lien of the writ of attachment obtained by the plaintiff' herein in this action on the day of 19. . ., upon the property of the defendant, is hereby dissolved and set aside. J. S. C. NOTES. Act, Section 67-c and f. Sec by analotjy St-otioii 47-a. An attachment lien is within the provisions of sub-section c as well as f. In ro Hi-r-iins. 3 Am. B. R. 304 ; 97 Fed. 775. In re Kemp, 4 Am. B. R. 242; 101 Fed. 689. Wood V. Carr, 10 Am. B. R. 577; 115 Ky. 303. ^'oluiitary proceedinfjs included. In re Richards, 3 Am. B. R. 145; 96 Fed. 935; 37 C. C. A. 634. See, In re Tune, S Am. B. R. 2S5; 115 Fed. 906. Insolvency. Wise Coal Co. v. Columbia Zinc and Lead Co. (Mo. App.) 27 Am. B. R. 445. Cook V. Robinson (C. C. A. 9th Cir.), 28 Am. B. R. 182; 194 Fed. 785; 114 C. C. A. 505. No laches of trustee makes valid. Hardt v. Sclniylkill etc. Co., 8 .\m. B. R. 479; 69 App. Div. (X. Y.) 90. It is tlie adjudication not the tiling of the petition wliicli dissolves the lien. Attachment on mesne process (Conn.) Metcalf v. Barker (U. S. Sup.). 9 Am. B. K. 36; 187 I'. S. 165; 47 L. Kd. 122, Schmilovitz v. Bernstein, 5 Am. B. R. 265; 47 Atl. 884: 22 K. 1. 330. Possession of sherifl". In re Walsli Bros.. 20 Am. B. R. 472; 159 Fed. 560. By analoj^y in case of execution. In re Kenney, 5 Am. B. R. 355; 105 Fed. 897; 45 C. C A. 113. Levor v. Seiter, 8 Am. B. R. 459; 69 App. Div. (N. Y.) 33; modify 5 Am. B. R. 576; 34 Misc. (N. Y.) 382. Sheriff's rijjht to fees for poundajrt' and expenses. In re Andre (C. C. A. 2nd Cir.), 13 Am. B. R. 1.32; 1.35 Fed. 736; 68 C. C. A. 374. 524 FORMS IN BANKRUPTCY. Sheriff having actual possession of property not yuilty of contempt for refusal to turn over property on demand of receiver when acting in good faith and on advice of counsel unless fees are paid. Orr V. Tribble (D. C. G'a.), 19 Am. B. R. 849; 158 Fed. 897. Conditions precedent to trustee's possession imposed by court when attachment was obtained within four months' period held to be invalid. In re Shoemaker (C. C. A. 3rd Cir.), 30 Am. B. E. 349; 205 Fed. 113; 123 C. C. A. 345. Where application to dissolve should be made. In State court also by better practice, but may be brought in Federal court. llardt V. Schuylkill etc. Co. (N. Y. App. Div. Dept. 1st), 8 Am. B. R. 479; 69 App. Div. (N. Y.) 90. Jurisdiction to stay proceedings to enforce attachment. Tennessee Producer Marble Co. v. Grant et al. (C. C. A. 3rd Cir.), 14 Am. B. R. 288; 135 Fed. 322; 67 C. C. A. 676. 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 App. Div. {N. Y.) 48; 111 N. Y. Supp. 102; aff'd, 193 N. Y. 608. In re Walsh Bros., 20 Am. B. R. 472; 159 Fed. 560. When attachment has been discharged by an imdertaking given by a surety company, which took security from the defendant sufficient to indemnify it from loss and defendant within four months of the granting of the attachment is adjudicated a bankrvipt, the attachment will be vacated on motion of trustee. C. Temnant Sons and Co. v. New Jersey Oil and M. Co. (N. Y. City Ct.), 31 Am. B. R. 901. But see. In re Federal Biscuit Co. (C. C. A. 2nd Cir.), 32 Am. B. R. 612; 214 Fed. 221; 130 C. C. A. 635. Preserving lien of attachment. Receivers of Virginia Coal and Coke Co. v. Staake (C. C. A. 4th Cir.), 13 Am. B. R. 281; 133 Fed. 717; 66 C. C. A. 547; aff'd, 202 U. S. 141; 50 L. Ed. 967. 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 and Co. v. W^edge (Sup. Ct. Vt.), 19 Am. B. R. 268. In re United States 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. In re Crafts-Riordon Shoe Co. (D. C. Mass.), 26 Am. B. R. 449; 185 Fed, 931. A trustee in bankruptcy is entitled to recover the proceeds of a sale of bankrui)t'H property sold under a judgment in an attacliment suit instituted subsequent to the filing of the petition. Cox v. State Bank of Chicago, 11 Am. B. R. 112; 125 Fed. 654. Property in Iiands of an ancillary receiver in bankruptcy is in custodia legis and an attachment will not lie against it. In re Nelson and Bro. Co., 18 Am. B. R. 66; 149 Fed. 500. Plaintiff in attachment suit not deemed a bona fide holder for value. In re Kaupisch Creamery Co. (D. C. Ore.), 5 Am. B. R. 790; 107 Fed, 93. FORMS IN BANKRUPTCY. Priority of costs in attachment suit. In re The Copper King (Lim.), 10 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 Xo. 167.) Mechanics' Liens. llildreth Granite Co. v. City of Watervliet, 31 Am. B. R. 703; 161 App. Div 420; rev'g, s. c. 30 Am. B. K. 78!); 82 Misc. (X. Y.) 243; 143 X. Y. Supp. 86 Assignment of moneys due on contract for public improvement under X Lien Law lield valid against trustee even though not filed with proper officer. Jn re Interstate Paving Co. (D. C. X. Y.), 28 Am. B. R. 573; 197 Fed. 371. Unrecorded vendor's lien under statute of Idaho valid against trustee affected by amendment to Section 47-a of the Act. In re Lane Lumber Co. (Lim.) (Boyd v. Wall), 31 Am. B. R. 792; 217 Fed. C. C. A. 402. . (X.Y.) 7. ew York and not 550; 133 FORM No. 325. ORDER DISSOLVING LIEN OF EXECUTION. Present Hon. 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... District Judge. In the Matter OF Banhriipl. Xo. as trustee in l)ankruptcy of the above named bankrupt having applied for an order dissolving and setting aside the lien of the exe- cution heretofore issued on the day of hv judgment creditor, against the property of said bankrupt and it appearing that the said trustee is entitled to such relief because of the adjudication in bankruptcy herein within four months of said levy, now, upon reading and filing the petition of the trustee herein, verified the. . day of , 10 ... , and the notice of motion thereon 526 FORMS IN BANKRUPTCY. with proof of due service of said motion papers upon the attorneys for , execution creditor, and upon the sheriff of the County of .... and all the papers and proceedings herein and, 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, now in the hands of the sheriff of County of , (or the pro- ceeds of the said execution sale held , , 19 . . . ) , upon the execution issued herein on the day of , 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. Section 67-f. When lien dissolved. In re Breslaiier (D. C. N. Y.), 10 Am. B. R. 33; 121 Fed. 910. Effect on Section 67-f of Amendment of 1910 to Section 60-b. In re Petersen (C. C. A. 7th Cir.), 29 Am. B. R. 26; 200 Fed. 739; 119 C. C. A. 183. Where proceeds of an execution sale have been turned over to the judS'ia:^/(. That by virtue of his appointment and qualification as trustee in bankruptcy herein and under Section 67 (f ) of the Bankruptcy Act of 1898 and the amendments thereto, petitioner alleges that said money retained by the sheriff of the County of by virtue of the garnishee order aforesaid from the bankrupt's salary to the date of the adjudication herein is the property of the bankrupt's estate, said lien thereon of the garnisheeing creditor having been obtained within four months of the adjudication, and that petitioner is entitled thereto. (Seventh. Your petitioner is informed and verily believes that said gar- nisheeing creditor on the .... day of > 19 • • ? filed in the office of the referee herein a proof of claim based upon the same judgment under which the garnishee order was olitained.) Eighth. Due demand for said monies has been made in writing by your petitioner upon the sheriff of the County of Ninth. jSTo previous application has been made for the order hereinafter asked for. Wherefore, your petitioner prays for an order dissolving the lien of the said execution of the day of 19 . . , and directing the sheriff of the County of to pay over to petitioner, as trustee in bank- ruptcy of the above named bankrupt, the sum of $ , or such amount as the said sheriff may have collected from the salary of the l)ankrupt herein to , 19. ., the date of the adjudication, and interest thereon, less his lawful fees and expenses, as belonging to this estate in bankruptcy and modifying to that extent stay contained in the order of this Court, dated , 19 . ., and for such other and further relief as to this Court may seem just and proper. Dated ,19... Petitioner. [Verification.] FORMS IN BANKRUPTCY. 529 FORM No. 327. NOTICE OF MOTION THEREON. United States District Court, District of In Bankruptcy. In the Matter OF Banlirupt. No. fcirs: Please take notice, that on the petition of , verified the day of , 19. ., the voluntary petition and adjudica- tion of the above named bankrupt, filed and entered on the day of , 19. ., and the discharge in bankruptcy herein granted on the day of , 19. ., and the injunction order heretofore granted herein, dated , 19. ., and all the papers and proceed- ings herein, the undersigned will move this Court at a term thereof to be held in the United States Court House, , 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 that the lien of the execution heretofore issued against the salary of the above named bankrupt to the sheriff of the County of pursuant to section 1391 of the Code of Civil Procedure, out of the Court, County of , at the instance of one , judg- ment creditor, against the said ])e dissolved and discharged and that the sheriff of the County of be directed to pay over to petitioner, as trustee in bankruptcy of the above named bankrupt, the sum of $ or such amount as the said sheriff may liave collected from the salary of the l)ankrupt herein to 19. ., the date of the adju- dication, and interest thereon, less his lawful fees and expenses, as belonging to this estate in bankrur-tcy ; and modify'ng to that extent the stay contained 530 FORIVIS IN BANKRUPTCY. in the order of this Court, dated , ID . ., and lor such other and further relief in the premises as may be just and proper. Dated , 19. .. Yours, etc.. Attorney for Trustee in Banlruptcij. Street, City of To : Messrs , Attorneys for , Judgment Creditor, St., To : ]\ressrs , Attorneys for , Bankrupt, St., To: , Esq., Sheriff of the County of . . . FORM No. 328. ORDER DISSOLVING LIEN OF EXECUTION AGAINST SALARY, MOD- IFYING STAY AND DIRECTING SHERIFF TO PAY OVER TO TRUSTEE. At a Stated Term of the District Court of the United States, hekl in and for the District of , at the United States Court House, City of on the day of ,19.- Present : Hon , District Judge. In Till-: ^rvTTKR OF Banl-rnpl. No. , trusteo in hankruptcy of tlio above named bank- rupt, havinfj made an application for an order modifying injunction order FORMS JN BANKRUPTCY. 531 heretofore granted herein, under date of , 10. ., and that the lien of the execution heretofore issued against the salary of the above named bankrupt to the sheriff of , pursuant to section 1391 of the Code of Civil Procedure out of the Supreme Court, , at the instance of one . . . ., , judgment creditor against the said , , be dissolved and discharged and that the sheriff of the County of be directed to turn over to petitioner, as trustee in bankruptcy of the above named bankrupt, the amount collected by the said sheriff pursuant to said execution to , 19. ., the date of the adjudication herein, less his lawful fees and expenses, on the ground that said monies are the property of this estate in bankruptcy and due notice of said a])plication having been given to the attorneys for said judgment creditor and for the bankrupt and to the sheriff of the County of , now upon reading and filing the petition of , trustee, verified , 19. ., and all the proceedings herein and it appearing to my satisfaction that the execution issued to the said sheriff against the bankrupt's salary pursuant to section 1391 of the Code of Civil Procedure was obtained within four months of the adjudication in bankruptcy herein and that said bankrupt has been granted a discharge in bankruptcy and that the monies collected by the said sheriff, pursuant to said execution belong to this estate, now upon motion of , attorney for said trustee, it is Ordered, that the injunction order issued by this Court, dated 19. ., be and the same herel)y is modified and the sheriff of the County of is hereby directed to turn over to , as trustee in liankruptcy of the above named bankrupt, the sum of $ , or such amount as he may have collected out of the salary of the bankrupt herein to , 19. ., the date of the adjudication, and interest thereon, less his lawful fees. U. 8. D. J. XOTKS. Dissolution of lien of oarnisliment. Hall V. Chicago B. and Q. Ry. Co. (Neb. Sup. Ct.), 2.5 Am. B. R. 53. In re Van Buren, 20 Am. B. R. 806; 164 Fed. 883. In re Drig<,'s. 22 Am. B. R. 621 : 171 Fed. 897. Maas V. Kuhn. 22 Am. B. R. 91; 130 App. Div. (X. Y.) OS; 114 N. Y. Supp. 444. In re Sims, 23 Am. B. R. 899; 176 Fed. 645. In re Liuleko. 22 Am. B. R. 467; 171 Fed. 292. In re Maher. 22 Am. B. R. 290; 169 Fed. 997. Effect of order under Section 1391. Xew York Code. rinor V. Doran. 34 Am. B. R. 410; 167 App. Div. (X. Y.) 259; 152 X^. Y. Supp. 655. Prior to four months' period not avoided. In re Culpepper, 31 Am. B. R. 762. 532 FORMS IN BANKRUPTCY. FORM No. 329. ORDER FOR PAYMENT OF SHERIFF'S FEES FROM PROCEEDS OF PROPERTY DELIVERED BY HIM TO RECEIVER. A± 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. The sheriff of the County of having levied upon property of the bankrupt herein by virtue of a writ of execution issued out of the Court of the State of against the property of the said bankrupt and said levy having been made prior to the filing of the petition in bankruptcy herein and the said sheriff being at that time in pos- session of the said property by virtue of said writ ; and the lien of said levy having l)een made void by reason of the filing of the petition in bankruptcy herein ; and certain fees l)eing due the sheriff of the County of by reason of said levy, now upon the annexed consent of , attorney for the receiver herein and attorney for the sheriff of the County of it is Ordered, that the fees of the sheriff of the County of be and they hereby are taxed at the sum of dollars, and that the said sheriff retain a first lien on the said property or the proceeds thereof for the amount of his said fees and it is hereby further. Ordered, that the sheriff of the County of turn over and deliver to the said receiver all the property so levied upon by the sheriff, and it is further FORMS IN BANKRUPTCY. 533 Ordered, that the receiver hold the said property subject to said lien of , sheriff of the County of , in the sum of dollars, until said lien is satisfied and discharged by payment and out of the first proceeds therefrom pay to the said sheriff of the County of , his fees as aforesaid and that such pa3'inent be made by the said receiver to the said sheriff notwithstanding any settlement or dispo- sition of these proceedings in bankruptcy. Dated ,19... U. 8. D. J. 534 FORMS IN BANKRUPTCY. FORM No. 330. ANSWTJR OF BANKRUPT TO RULE TO SHOW CAUSE FOR CONTEMPT. T'liitcd States District Court, for the District of In Bankruptcy. In tmk !^^ATTEn OF Iiahhriij)t. No. Now comes and in obedience to the rule [or order to show cause] issued by this court, says that an attachment for contempt ought not to issue against him for disobedience of the order of , referee, for the following reasons : 1. He says that he cannot comply with the order of this court, because he has not the property ordered turned over or sum of money ordered by said referee to be paid to the trustee herein. 2. That the said order of said referee is not a lawful order within the con- templation of the Bankruptcy Act, or such an order, the disobedience of which would be punishable by attachment for contempt. 3. Said order is in effect a judgment directing the payment of money, and is not enforceable by proceedings in contempt. 4. Section 29-d of the Bankruptcy Act provides that such offenses as those charged by the referee in his finding, shall be punishable only in the manner prescribed therein, to wit, by information or indictment. Wherefore said prays the court that said rule [or order to show cause] may be dismissed, and that he may be discharged. (Verification.) Attorney for bankrupt. FORMS IX BANKRUPTCY. 535 FORM No. 331. ORDER ADJUDGING BANKRUPT IN CONTEMPT FOR FAFLURE TO TURN OVER MONEY. At a Stated Term of the United States District Couit for the District of held at the United States Court House, City of . . . . , on the dav of , 1^... Present : Hon District Judge. Ix THK Matter OF Bankrupt, V No. A motion having been made herein by , trustee of the above named bankrupt, to punish the said , bankrupt, for contempt of court in liaving 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 sliow 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 ?upport 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 536 FORMS IN BANKRUPTCY. of said referee and 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 ilarshal 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. Sections 2 (13) (15) (16), 41-a, b. Cross references, sections 20-a, 21 (a), 38-a (2). General Orders X, XXII, XXX. Referee may certify the facts. He has no power to punish for contempt. Bank of Ravenswood v. Johnson (C. C. A. 4th Cir.), 16 Am. B. R. 206; 143 Fe(J. 463; 74 C. C. A. 597. In re Miller, 5 Am. B. R. 184; 105 Fed. 57. In re Haring (D. C. Mich.), 27 Am. B. R. 285; 193 Fed. 168; aff'd, 203 Fed. 229; 121 C. C. A. 435. Bankrupt's disobedience of referee's order. In re Sorkin (D. C. N. Y.), 20 Am. B. R. 637; 166 Fed. 831. Civil and criminal contempt distinguished. Remedial and punitive. Fixed term of imprisonment only in latter. Uompers v. Buck Stove Co., 221 U. S. 418; 55 L. Ed. 797. In re Kahn (C. C. A. 2nd Cir.), 30 Am. B. R. 322; 204 Fed. 581; 123 C. C. A. 107. In re Farkas (D. C. N. Y.), 30 Am. B. R. 337; 204 Fed. 343. In re Probst (C. C. A. 2nd Cir.), 30 Am. B. R. 600; 205 Fed. 512; 123 C. C. A. 580. Criminal contempt. Fixed term of imprisonment upheld. United States v. Appel (D. C. N. Y.), 31 Am. B. R. 154; 211 Fed. 495. In re Kaplan Bros. (C. C. A. 3rd Cir.), 32 Am. B. R. 305; 213 Fed. 753; 1.30 C. C. A. 267. Refusal of witness to answer questions before special master. In re Automatic Musical Co., 30 Am. B. R. 328; 204 Fed. 334. 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; 101 C. C. A. 361. Persistence of bankrupt in making evasive answers, punishable. In re Singer, 23 Am. B. R. 28; 174 Fed. 208. In re Gitkin, 21 Am. B. R. 113; 164 Fed. 71. Wilful false swearing by bankrupt. In re Fellerman (D. C. N. Y.), 17 Am. B. R. 785; 149 Fed. 244; Ex parte Bick (C. C. N. Y.), 19 Am. B. R. 68; 155 Fed. 908. In re Bronstein (D. C. N. Y.), 24 Am. B. R. 524; 182 Fed. 349. In re Michaels (D. C N. Y.), 28 Am. B. R. 38. Bankrupt's failure to file schedules. In re Schulman & Goldstein (D. C. N. Y.), 20 Am. B. R. 707; 104 Fed. 440. Failure to produce document. In re Howard, 2 Am. B. R. 582; 95 Fed. 415. FORMS IN BANKRUPTCY. 537 In re Fixon, 2 Am. B. R. 822; 06 Ftd. 748. In re Wilson, 8 Am. B. R. 612; 116 Fed. 419. In re Soloway & Katz (D. C. Conn.), 28 Am. B. R. 225; 196 Fed. 132. In re Herr (Xo. 1) (D. C. Pa.), 25 Am. B. R. 141. When not in contempt. 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 Watts (U. S. Sup.), 10 Am. B. K. 113; 190 U. S. 1; 47 L. Ed. 933. Practice. Contents and allegations of petition. United States v. Goldstein, 12 Am. B. R. 755; 132 Fed. 789. First National Bank v. Cole (C. C. A. 1st Cir.), 16 Am. B. R. 382; 144 Fed. 392; 75 C. C. A. 330. Suffic'ency in charging perjury in testimony before referee. Magen v. Campbell (C. C. A. 3rd Cir.), 26 Am. B. R. 594; 186 Fed. 675; 108 C. C. A. 531 ; rev'g In re ;\Iagen, 24 Am. B. R. 63; 179 Fed. 572. Attachment of person may be asked. Issues raised by answering affidavits may be referred. Statute must be strictly followed. In re Gitkin {supra). Right of respondent to notice and to be heard. In re Banzai Mfg Co. (C. C. A. 2nd Cir.), 25 Am. B. R. 497; 183 Fed. 298; 105 C. C. A. 510. In re Stavrahn (C. C. A. 2nd Cir.), 23 Am. B. R. 168; 174 Fed. 330; 98 C. C. A. 202. Certification by referee not a jurisdictional requirement to enable the court to make the order, but a procedural necessity. United States ex rel. Birnbaum v. Henkel, 26 Am. B. R. 199; 185 Fed. 553. Order of commitment not invalid because it does not run in name of the United States. Mueller v. Xugent, 7 Am. B. R. 224; 184 U. S. 1; 46 L. Ed. 405. Pleading by respondent. In re Goodrich (C. C. A. 1st Cir.), 25 Am. B. R. 787; 184 Fed. 5; 106 C. C. A. 207. An outside creditor without previous application to the court for leave to intervene has no standing to move to punish bankrupt for contempt. In re Cantor (C. C. A. 2nd Cir.), 32 Am. B. R. 768; 215 Fed. 61; 131 C. C. A. 369. Referee's order must be based upon sufficient findings of fact to inform resj)ondent fully and com])letely of action he is required to take or perform. In re Rogowski, 21 Am. B. R. 553; 166 Fed. 165. Contempt in failure to obey " turn over " order. Mere denial of possession, insulficient as a defense. In re Stavrahn (C. C. A. 2nd Cir.) (supra). In re Weber Co. (C. C. A. 2nd Cir.), 29 Am. B. R. 217; 200 Fed. 404; 118 C. C. A. 556. In re Cummings (Xo. 2) (D. C. Pa.), 26 Am. B. R. 130; 186 Fed. 1020. Wlien should be granted. In re Heynian (D. C. Pa.). 34 Am. B. R. 108; 214 Fed. 491. Civil contempt ; proceedings for, cannot be reviewed by writ of error under Circuit Court of Appeals Act or by ajjpcal under Sec. 24-a of the Bankruptcy Act. Freed v. Central Trust Co. of Illinois (C. C. A. 7th Cir.), 33 Am. B. R. 64; 215 Fed. 873; 132 C. C. A. 7. See, Clay v. Waters (C. C. A. 8th Cir.), 24 Am. B. R. 293; 178 Fed. 385; 101 C. C. A. 645. 538 FORMS IN BANKRUPTCY. Ability to comply. Presumption from recent possession. Stuart V. Reynolds (C. C. A. 5th Cir.), 29 Am. B. R. 412; 204 Fed. 709; 123 C. C. A. 13; aflf'g In re Reynolds, 27 Am. B. R. 200; 190 Fed. 907. In re Richards, 2.5 Am. B. R. 176; 183 Fed. .501. In re Deuell (D. C Mo.), 4 Am. B. R. 60; 100 Fed. 633. Form of order. Freed v. Central Trust Co. of 111. (supra). When bankrupt should be released from custody. In re Cummings (Xo. 3) (D. C. Pa.). 26 Am. B. R. 477; 13S Fed. 767. In re Karp (D, C. N, Y.), 28 Am. B. R. 559; 196 Fed. 998. FORMS IN BANKRUPTCY. 53f) rORM No. 332. ORDER PURGING OF CONTEMPT. At a Stated Term of the United States District Court for the Disti ict of , hehi at the United States Court House, City of . . . . , on the day of 1!). .. Present ; Hon. District Judge. In thk Matter OP JSankrupt. An order having been made herein on the .... day of , 19. ., directing that , the above named bankrupt be imprisoned in the jail of this county, for a period of days for disobedience of an order of the referee herein, made on the day of , 19 . . , and the said order of the referee having now been complied with by the said , bankrupt, as appears by the certificate of said referee, it is on motion of , attorney for said bankrupt, Ordered, that the said be. and he liereby is purged of con- tempt for his disobedience to the order of court. It is further ordered, tliat said , upon payment of costs taxed at $ , be now released and discharged from said imprisonment, and the marshal is hereby ordered to deliver a copy of this order to the sheriff of County, in the City of who is hereby directed upon receipt thereof, to release the said from his custody. I). J. 540 FORMS IN BANKKUPTCY. FORM No. 333. PETITION TO RE-OPEN ESTATE. United States District Court, for the District of In Bankruptcy. Ix THE Matter OF i^ Xo. Bankrupt. 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 del)ts, 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 the liankrupt he made no mention of the following property, then belonging to him and properly a part of his said estate in Ijankriiptcy : That said property was fraudulently find intentionally omitted from said schedules and concealed by the Ijankrupt from his trustee. That the said is still in j)ossession and control of said property. f). That your petitioner has now for the first time discovered the facts con- cerning this property and the fraudulent concealment thereof from the fol- lowing sources : FORMS IN BANKRUPTCY. 541 7. That no previous ajjplieation has l)een made for the order asked for herein. Wherefore, your petitioner pravs for an order under Sec. Z (8) of the Bank- ruptcy Act, reopening- the estate of the said , bankrupt, for the purpose of administering upon tlie 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 othei and further relief as to the court shall seem just and proper. Petitioner. [A^erification.] NOTES. Reopening estate. Sec. 2, (8). Court may reopen an estate whenever it appears it was closed before being fully administered. Allegations of petition. In re Newton (C. C. A. 8th Cir.), 6 Am. B. R. 52; 107 Fed. 429; 46 C. C. A. 399. In Te Paine, 11 Am. B. R. 351; 127 Fed. 24G. In re Ryburn, 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. Application must be made by party interested and who would be benefited by such reopening. In re Meyer (D. C. Ore.), 25 Am. 1?. R. 44; 181 Fed. 904. 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. 306; 165 Fed. 269. Not necessary that petition should show what property was surrendered by bank- rupt or what representations were made in his schedules or tiiat any creditor was deceived by the representations in the schedules. Traub v. Marshall Field & Co. (C. C. A. 5th Cir.), 25 Am. B. R. 410; 182 Fed. 622; 105 C. C. A. 488. Former trustee has no standing to apply. In re Paine (supra). Wlieii 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; 174 Fed. 160. Where time to file claims has expired, a reopened proceeding redounds only to the benefit of those who have proved claims. In re Shafl'er, 4 Am. B. R. 728; 104 Fed. 982. How trustee is to be elected. Former trustee not 17)80 facio restored to office. In re Rochester Sanitarium & Bath Co. (C. C. A. 2nd Cir.), 34 Am. B. R. 355; 222 Fed. 22; 137 C. C. A. 560. Creditors w^ho have not filed claims may not api)ly to reopen. In re Paine, 11 Am. B. R. 351: 127 Fed. 246. Laches in making application. In re Paine (supra). 542 FORMS IN BANKRUPTCY. 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. In re Pierson (D. C. N. Y.), 23 Am. B. R. 58; 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. Jn 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. Act provides no limitation of time within which closed estates may be reopened and the doctrine of laches is applicable when an unreasonable delay has intervened. In re Pierson (supra). FORM No. 334. ORDER REOPENING ESTATE, 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. IX THE ^r.VTTER OF Bankrupt. Xo. Upon reading and filing the petition of verified the daA- of , 19 . . , praying for an order under Sec. 2(8) of the Bankruptcy Act reopening the estate of the above named bankrupt for the purpose of administering upon certain subsequently discovered assets and upon all the proceedings heretofore had herein and upon motion of , attorney for , it is Ordered, that these proceedings be reopened for the purpose of administer- ing on and disposing of certain assets belonging to the estate of said bankrupt as set forth in the annexed petition : and it is further FORMS IN BANKRUPTCY. 543 Ordered, that said matter be referred to , Esq., as referee in bankruptcy for such further proceedings as may be necessary; (and it is further Ordered, that the discharge of , Esq., as trustee of the estate of the above named bankrupt heretofore made herein be and the same hereby is vacated and the said , as trustee before taking pos- session or attempting to take possession of such unadministered assets file with the clerk of this Court a bond in the sum of $ to be approved by a judge of this Court, before the filing thereof). D.J. ' FORM No. 335. PETITION FOR ALLOWANCE BY ATTORNEY FOR PETITIONING CREDITORS. United States District Court, for the District of : In the Matter OF Bankrupt. ' In Bankruptcy. 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 attorney for the petitioning creditors herein. 2. That on the day of petitioner on behalf of and others, petitioning creditors herein, prepared an involuntary petition in bankruptcy and petition and pro])osed order for the appointment of a receiver and procured a consent to the appointment of a receiver from the said bankrupt doing hiisiness at No , City of (or procured the requisite cost bond on behalf of petitioning creditorfs). That on the day of , 19. ., petitioner filed the involuntary petition in bankruptcy in this Court (together with the cost bond of the petitioning creditors) and made the application to the District Judge then pittinir in bankruptcy for the appointment of a receiver of the property of the paid alleged bankrupt. 3. That on said day this Court appointed Esq.. as receiver. 4. That thereafter petitioner caused a certified copy of the order of appoint- ment to be served on such officer. 5. That on the dav of 19... an answer was filed 544 FORMS IN BANKRUPTCY. herein by the l)ankTiipt (or a creditor of said bankrupt), and the issues raised were thereafter brought to trial by your petitioner on the day of , 19 . ., resulting in a decree of adjudication herein. [Here allege in detail services rendered on the trial.] 6. That petitioner has received no compensation for his services rendered in this proceeding and deems same to be reasonably worth the sum of $ 7. Petitioner has incurred the follov^'lng disbursements as attorney for the petitioning creditors, none of which has been repaid, to wit: [fSchedule of disbursements.] Wherefore, petitioner prays for such idlowance for the services rendered by him in this proceeding on l)ehalf of the petitioning creditors as to the Court may seem just and reasonable, and for bis disbursements. Pefitioner. [A'eriflcation.] NOTES. Compensation of attorney for petitioning creditors. Til re Southern Steel Co., 22 Am. B. R. 476; 169 Fed. 702. In re Baxter & Co. (C. 0. A. 2nd Cir.), 18 Am. B. R. 450; 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 Felson, 15 Am. B. R. 185; 130 Fed. 275. In re Coldville 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. Franic v. Dickey (C. C. A. 8th Cir.), 15 Am. B. R. 155; 139 Fed. 744; 77 C. C. A. 562. Fees of attorneys assisting in recovering assets. In re Medina Quarry Co. (C. C. A. 2nd Cir.), 27 Am. B. R. 466; 191 Fed. 805; 112 C. C. A. 329; rev'g 25 Am. B. R. 405. In re R. E. Smith (D. C. N. J.), 32 Am. B. R. 363. In re Sage (D. C. la.), 35 Am. B. R. 625; 225 Fed. 397. In re Gillaspie (D. C. W. Va.), 27 Am. B. R. 59; 190 Fed. 80. No fee for services necessitated by own negligence. In re Francis Levy Outfitting Co.. Ltd., 29 Am. B. R. 8 and footnote- Payment for nominal services out of proceeds of mortgaged property. In re Freeman (D. C. Ga.), 27 Am. B. R. 16; 190 Fed. 48. Attorneys who file a petition defective and insufficient to warrant an adjudi- cation, which was made by other creditors on another ])etition 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; 99 C. C. A. 153. But one allowance may be made. In re Coney Island Lumber Co. (D. C. N. Y.), 29 Am. B. R. 91: 199 Fed. 197. Wlien divided upon consolidation of petitions. In re McCracken & McLeod, 12 Am. B. R. 95; 129 Fed. 621. FORMS IN BANKRUPTCY. 545 FORM No. 336. ANSWTJR OF ASSIGNEE FOR BENEFIT OF CREDITORS TO RlTLi: TO TURN OVER PROPERTY TO RECEIVER. United States District Court, tor the District of In Bankruptcy. In the jNIatter OF I No. JBankrvpt. , for an answer to the order herein to show cause why lie should not pay over to , Esq., the receiver in bank- ruptcy herein, the sum of $ as shown in his report as having been paid to , and $ to , Esq., says that said sums were paid tliem respectively while he was acting as assignee before any proceedings herein, as already appears in his report herein. He says further that as assignee he has no money or property or means of any kind with which to pay said money or any part thereof. He respectfully submits to the court that he ought not to be compelled to pay said money herein. This respondent says further that long before the petition in this proceeding was filed and before he had any knowledge, information or intimation that it was intended to be filed, and relying upon it that he would be permitted to wind up his trust under the deed of assignment for the bankrupt shown in the record in this proceeding, he filed his petition and brought action in the State court as appears in this record, which is still pending, and he is still subject to the jurisdiction and orders of said State court requiring him to settle his accounts there and to be responsible there for all his acts and doings under said deed of assignment. He submits to this Honorable Court that this answer be held sufficient and the order to show cause herein should be denied. Assignee. (Verification.) 546 FORMS IN BANKRUPTCY. NOTES. Jurisdiction to compel assignee or receiver in State court to account. Louisville Trust Co. v. Cominger (U. S. Sup.), 7 Am. B. R. 421; 184 U. S. 18; 46 L. Ed. 413; aflf'g Sinsheimer v. Simonson, 5 Am. B. R. 537: 107 Fed. 898; 47 C. C. A. 648. In re Louis Xeuburger, Inc. (D. C. N. Y.), X. Y. Law Jour. July 3, 1016. In re Thompson (C. C. A. 2nd Cir.), 11 Am. B. R. 719; 128 Fed. 575: 63 C. C. A. 217; aflfg 10 Am. B. R. 242: 122 Fed. 174. Bryan v. Bernheimer, 5 Am. B. R. 623; ISl r. S. 188; 45 L. Ed. 814. In re Manning (D. C. S. C), 10 Am. B. R. 497; 123 Fed. 181. In re Hays (C. C. A. 6th Cir.), 24 Am. B. R. 691; 181 Fed. 674; 104 C. C. A. 656. Under general assignment made within four months assignee held not to be an adverse claimant as regards trustee in bankruptcy. In re McCrum (C. C. A. 2nd Cir.), 32 Am. B. R. 604; 214 Fed. 207; 130 C. C. A. 555. 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. See Bank of Andrews v. Gudger, Receiver (C. C. A. 4th Cir.), 32 Am. B. R. 11; 212 Fed. 49; 128 C. C. A. 505. \Miere assignee consents to a judicial examination of his account by the Bank- ruptcy Court he is bound by its determination and orders. In re Banzai Mf'g Co. '(C. C. A. 2nd Cir.), 25 Am. B. R. 497; 183 Fed. 298; 105 C. C. A. 510. 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). Improvident expenditures. In re Banzai Mf'g Co. {supra). Duties and liabilities of. In re Sobol (D. C. N. Y.), 35 Am. B. R. 804; 227 Fed. 853. In re Karp (D. C. Mass.), 36 Am. B. R. 414. \Yl\en 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 X. Y. 227; aflf'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. See, as to commissions on property turned over to trustee in bankruptcy. In re Cohen (L. M. Stern & Co.), (Sup. Ct. Kings Co. X. Y.), (X. Y. Law Jour. Dec. 7, 1914). See also, Xew York Debtor and Creditor I^w, Sec. 21, Laws 1914, Chap. 366, Sec. 8. Allowance to Stat«' court receiver. In re Weedman Stave Co.. 29 Am. B. R. 460; 199 Fed. 948. In re Standard Fullers Earth Co., 26 Am. B. R. 562; 186 Fed. 578. 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; aflF'g, s. c, 11 FORMS IN BANKRUPTCY. 547 Am. B. R. 527; 127 Fed. 3'J!t. In re Allison Lumber Co., 14 Am. 15. R. 78; 137 Fed. C43. Summers v. Abbott (L\ V. A. 8th Cir.), 10 Am. 15. l\. 254; 122 Fed. 36; 58 C. C. A. 352. Services of an assignee beneficial to estate entitled to priority of payment. Randolph v. JScruggs {intra). X'oiuntary trustees. In re Marble Products Co., 29 Am. B. R. 384; 199 Fed. 668. Attorneys for assignee. 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; 46 L. Kd. 413. in re Klein & Co. (D. C. N. Y.), 8 Am. B. R. 559; 116 Fed. 523. Compare 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; 63 C. C. A. 217; aff'g 10 Am. B. R. 242; 122 Fed. 174. No allowance save in unusual cases. In re Pauley (supra). Randolph v. Scruggs, 10 Am. B. R. 1; 190 U. S. 533; 47 L. Fd. 1165; where claim was allowed as beneficial to estate. 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. 677; 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. 548 FORMS IN BANKRUPTCY. FORM No. 337. Cr*,I3ER DESIGNATING DEPOSITORY OF BANKRUPTCY FUNDS. 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... Ill the Matter of the Application of Bank, of the City of , to l^e designated as a Depository for the Money of Bankrupt Estates under the provisions of section Gl of chap- ter 541 of tlie 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 he 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 (51 of Chapter 541 of the Statutes 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 oi more sureties, or otherwise, according to iaw, in the sum of $ D. J. FORMS IN BANKKUPTCY. 549 NOTES. Duty of referee to see that trustees and receivers comply with rule desifrnating depositories and that such officers keep funds of estates in designated depositories. In re Barrett, 32 Am. B. R. 585. Depository in possession of New York Superintendent of Banks; Federal court will not summarily order payment over of deposits therein of receivers and trustees in bankruptcy. In re Bologh (D. C. N. Y,), 25 Am. B. R. 726; 185 Fed. 825. 550 FORMS IX BANKRUPTCY. FORM No. 338. BOND OF DEPOSITORY. Know all men by these presents. That We, the Bank, of the City of , principal and , of , sureties, are lield and firmly bound unto the United States of America, in the sum of dollars, ($ ) lawful money of the United States, for tlie 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 sail 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.) FORMS IN liANKKUPTCY 551 FORM No. 339. REPORT OF REFEREE 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. A. IN THE DISTRICT COURT OF THE UNITED STATES. for the District of In the Matter of Case No (Bankrupt) Date of filing petition , 191 . Date of this report , 191 . 1. State whether a voluntary or involuntary case 2. State whether (a) petition was dismissed; (6) composition confirmed; or (c) case normally administered 3. State occupation of bankrupt 4. State whether an " asset " or " no-asset " case 5. State whether case was filed in forma pauperis and filing fees not afterward paid B. LIABILITIES. 1. Represented by priority, secured, and lien claims 2. Represented by unsecured claims which have been proved and allowed . 3. Represented by unsecured claims, as shown by schedules, which have not been proved 4. Total Liabilities. C. AMOUNTS REALIZED IN THIS PROCEEDING. 1. Total amounts realized or received by receiver (or marshal), trustee, and referee $ . . . . 2. Total amount disbursed in conduct of business by receiver (or marshal) and trustee (out of amount shown on preceding line) 3. Net amount realized after deducting expenses of conducting business, as above shown D. DISTRIBUTION OF NET ASSETS, AS SHOWN ABOVE (C 3). 1. Total fees and expenses of administration, as analyzed below 2. Amount paid to bankrupt on account of or in Heu of exemptions 3. Amount paid to priority, secured, and lien creditors 4. Amount paid to general creditors 5. Payments on reclamation or in commutation of dower, and other pay- ments, if any, not specifically covered by this subdivision " D ". . . 0. Undistributed balance, if any 7. Total (must balance with " net amount realized " — see C 3) ... . 552 FORMS IN BANKRUPTCY. E ANALYSIS OF TOTAL FEES AND EXPENSES OF ADMINISTRATION, AS STATED ABOVE. 1. Amounts paid to referee on account of fees of every nature, excluding filing fees paid by clerk of court: (a) Commissions and 25-cent fees for filing claims. . $ (b) Fees as special master, if any (c) Other fees, if any $ 2. Amount paid to referee on account of expenses, as follows: (a) For printing and advertising (6) For traveling expenses (c) For office, clerical, and all other expenses 3. Amount paid to receiver (or marshal) and trustee on account of com- missions, excluding filing fee of $5 4. Amount paid to attorneys on account of fees 5. All other expenses of administration Total (must agree with D 1) OTHER DATA PERTAINING TO PROPERTY ADMINISTERED. 1. Appraised value of exemptions set off to bankrupt in kind. $ 2. Appraised value of property securing debts of bankrupt which was not ' ■ administered in bankruptcy court 3. Number and amount of filing fees paid by clerk of court to referee No I CEBTiPT that the foregoing is a true statement, as disclosed by the records in the case. Referee in Bankruptcy. Address, Date of closing case , 191 PART XIII. SUITS BY TRUSTEE AT LAW AND IN EQUITY. Form No. 340. Complaint by Trustee upon Promissory Note. 341. Complaint against defaulting Purchaser for Deficiency upon Re-sale. 342. Bill in Equity to recover a Preference. 343. Bill in Equity to set aside a Mortgage made within four Months' Period and where Property has been sold free and clear of Liens. 344. Complaint in State Court to declare Secret Trust. 345. Complaint in State Court Action to set aside under Sec. 70-e, Bill of Sale, made beyond four Months' Period. 346. Bill in Equity to recover fraudulent Transfer and alleging Conspiracy to defraud. 347. Petition by Trustee for Leave to levy Assessment for unpaid Stock Subscriptions. 348. Order directing such Assessment. 349. Complaint to recover unpaid Stock Subscriptions. FORM No. 340. COMPLAINT BY TRUSTEE UPON PROMISSORY NOTE. Court, County of , as Trustee in Bankruptcy of , Plaintiff, 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 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. [553] 554 FORMS IN BANKRUPTCY. 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, Init 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. Pla in i iff 's A t torn eij. Office and Post Office Address, Street, City of [Verification.] NOTES. Suits by trustee. General Principles. Jurisdiction. District Court has no jurisdiction except by consent of proposed defendant of a suit to recover money due estate of bankrupt and which belonged to the bankrupt prior to adjudication. Harris, Trustee, etc. v. 1st Xat. Bank, etc. (U. S. Sup.), 23 Am. B. R. 632; 216 U. S. 382; 54 L. Ed. 528. Waiver. Conferred by consent or general appearance. McEldowney v. Card, 27 Am. B. 11. 937; 193 Fed. 475. Detroit Trust Co. v. Pontiac Savings Bank (C. C. A. 6tli Cir.), 27 Am. B. R. 821; 196 Fed. 29; 115 C. C. A. 663. Sheppard v. Lincoln (D. C. X. Y.), 25 Am. B. R. 804; 184 Fed. 182. Trustee no right to sue upon agreement between State receiver of bankrupt cor- poration and one of its creditors. Love v. E.xport 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 imlawfully surrendered by tempo- rary 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'fioiman 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; 142 Fed. 568. FORMS IN BANKRUPTCY. 555 Suit to set aside sale of its own stock to a cori)orati»)ii wliich is insolvent; right of trustee upheld. Slierrill v. Hutson (Ala. Sup. Ct.l. 32 Am. B. R. 532. May sue for recovery of dividends unlawfully paid out of capital. Cottrell V. Albany Lard & Paper Mfj,' Co., 142 App. Div. (X. V.) 148; 126 X. Y. Supp. 1070. Action to reaeh surplus income of trust fund. Brown v. Barker et al. (X^. Y. App. Div.), 8 Am. B. R. 4r)U; OS App. Div. • X'. Y.) 594. Butler v. Baudouine, 177 X. Y. 530; allg 16 Am. B. R. 238; 84 App. Div. (X. Y.) 215. In re Morris (C. C. A. 2nd Cir.), 30 Am. B. R. 319; 204 Fed. 770; 123 C. C. A. 220. Ditmar v. Gould, 60 App. Div. (X. Y.) 94; 69 X. Y. Supp. 708. For waste, right of action passes to trustee. Bynum v. Scott, 33 Am. B. R. 436; 217 Fed. 122. ^loncy paid to trustee under mistake is an action eiiuitahle in nature. Sufficiency of allegations. Carpenter v. Southworth (C. C. A. 2nd Cir.), 21 Am. B. K. 390; 165 Fed. 428; 91 C. C. A. 378. Xo jiuisdiction under 23-b of a suit to recover property forcibly seized by a cred- itor against the will and without the collusion of the bankrupt. Waite V. fVottstein et al.. 35 Am. B. R. 353; 224 Fed. 281. Xor for damages for conspiracy. Lynch v. Bronson. 24 Am. B. R. 513; 177 Fed. 605. Error in caption of summons and complaint in failing to show representative capacity not fatal. Xewland v. Zodikow, 11 Am. B. R. 770. E(piitable jurisdiction. When plaintiff held to have adequate remedy at law. Sessler v. Xemcof (D. €. Pa.), 25 Am. B. R. 618; 183 Fed. 656. Action by trustee to have contract declared void for illegality denied. Ernst v. The Terminal Clearing House Ass'n (N. Y. Sup. Ct.), 86 Misc. (X^. Y.) 295. Xot necessary to obtain an order of the court authorizing trustee to bring a suit in either State or Federal court. Edwards v. Schillinger, 148 111. App. 227. Traders Ins. Co. v. Mann, 11 Am. B. R. 269; 118 Ga. 381. Callahan v. Israel, 186 Mass. 383. Held, however, in \Vestern District of Xew York to be better practice. In re Meadows, Williams & Co., 25 Am. B. R. 100; 181 Fed. 911. (Ed. X'ote.) Under Sec. 23 of the Act, jurisdiction depends on tlie citizen. 19- -7 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. Y. That the plaintiff did heretofore acquire title to the property herein- after 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 appoint- ment 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.] VI. And plaintiff further shows that by virtue of the provisions of the said Acts of Congress relating to bankruptcy and amendments thereto, the plaintiff 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 eft'ect of such transfer was to enable such transferee to obtain a greater percentage of his del)t than any other creditor of the same class, 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 bankruptcy act. A'^II. Upon information and belief, that on or about the day of , 19. ., the said , was indebted to the defendant the , b.erein in the sum of ($ ) dollars, the 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 VIII. Plaintiff 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, tlie .... 562 FORMS IN BANKRUPTCY. , a mortgage in consideration of the alleged sum of ($ ) dollars, covering all of the property hereinbefore more ])articularl3^ mentioned and described, a copy of which 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 IX. Upon information and belief that the defendant, the 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 , and that the said defendant, the has or claims to have, some interest in said mortgage. X. Upon information and belief, plaintiff does further show and allege that in truth and in fact no present 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. XI. 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 .nul delivery of the said mortgage as aforesaid was made to them ])y the said , in order to enable them to receive a greater percentage of their debts than any other creditors of of the same class. XII. And the plaintiff does further show that heretofore and prior to the commencement of this action, your orator did duly file with the referee in said bankruptcy ])roceedings, a ])ctition duly verified l\v him on the day of , li*. . , for the entry of an order directing that plaintift' as trustee be authorized and ])crniitted to sell and dispose of all the property, hereinbefore more particularly mentioned and descril)ed, at public auction and in the nuinner prcscrilfcd by the Acts of Congress relating to l)ankruptcv and the general orders of the Sujireme Court of the I'^nited 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- ru))t(y' proceedings by said referee, wherein and whereby among other things ])laintifF was authorized, directed and permitted to sell and dispose of said property at pulilic auction free of and from the lien of the said mortgage. XITI. And plaintiff does further show that thereafter and in pursuance of the provisions of the said order and by virtue of the power and authority m him vested by the Acts of Congress relating to bankruptcy he did sell at public FORMIS IN BANKRUPTCY. 563 auction all of said property hereinbefore more particularly mentioned and described on the day of , 15J . . . , at o'clock M. of that day, for the sum of dollars, and that plaintiff 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 mort_th Cir.), 15 Am. B. 11. 502; 140 Fed. o'Mi; 72 C. C. A. 164. Exempt property not so recoverable. Vitzhum V. Large, 20 Am. B. R. 666; 162 Fed. 685. From what date interest allowed in decree. Wilson V. Mitchell-Woodbury Co. (Mass. Sup. Jud. Ct.), 31 Am. B. R. 837. Utah Ass'n of Credit Men v. Boyle Furniture Co. (Utah Sup. Ot.), 31 Am. B. R. 488. Computation of time. Mortgage within four months' period; Sees. 60 and 3-b construed. In re Boyd (C. C. A. 2d Cir.), 32 Am. B. R. 548; 213 Fed. 774; 130 C. C. A. 288 Brooks V. Bank of Beaver City, 25 Am. B. R. 890. When recording or registering of transfer not required within Sec. 60-b. Telford v. Henrickson (Minn. Sup. Ct.), 31 Am. B. R. 866. In re Beckhaus (C. C. A. 7th Cir.), 24 Am. B. R. 380; 177 Fed. 141; 100 C. C. A. 561. Bankruptcy Court has jurisdiction of action by trustee without consent of defend- ants to recover preferential j)ayments alleged to have been made in violation of Sec. 66. ^ew York State Stock Corporation Law. Grandison v. Robertson (D. C. N. Y.), 34 Am. B. R. 609; 220 Fed. 985. Cardozo, Jr. v. Brooklyn Trust Co. (C. C. A. 2d Cir.), 36 Am. B. R. 351. In New York, when transfer is made by an insolvent corporation, plaintiff under Section 66 of New York Stock Corporation Law of 1909, need not prove reasonable cause to believe on part of transferee. Price v. Derbyshire Coffee Co. (X. Y. Sup. C't.l, New York Law .lournal, April 9, 1910, Trial Term, Part XVII, page 154. Irish V. Citizens' Trust Co. (D. C. N. Y.), 21 Am. B. R. 39; 163 Fed. 880. FORM No. 344. COMPLAINT IN STATE COURT TO DECLARE SECRET TRUST. Court? of , Count}- of in Bankruptcy of .... , against and ,, as Trustee Plaintiff, Defendants. The plaintiff for his mmplaint herein by , his attorney respectfully shows to this honoral)le Court and alleges: 572 FORMS IN BANKRUPTCY. 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. UTpon information and belief that the said real estate was purchased with the money of the said defendant, , and pursuant to an 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 use and ])enefit of 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 . . , and that the same is part of the bankrupt's estate which ho has not surrendered to the plaintiff as his trustee as required by law. 9. That the assets of this estate in hands of plaintiff are insufficient to pay the debts of said bankrupt in full. FORMS IN BANKRUPTCY. 573 Wherefore, ijlaintitl: demands jiulginent as follows: I. That the said defendant, , be decreed and adjudged to be the true and hiwful owner of the property mentioned in said complaint, and that the said defendant, , be decreed to hold the said prop- erty 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 accord- ing 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. > Atturneij for plaintiff. Office and P. 0. Address, St., Cit7j of [Verification.] NOTES. Action to fasten secret trust. Liulvi-li V. Amrriean Woolen Co. (D. C. N. Y.), 19 Am. B. R. 795; 159 Fed. 796. Jurisdiction in Bankruptcy Court to. entertain such action upheld in. Milkman v. Arthe (C. C. A. 2d Cir.), 34 Am. B. R. 536; 223 Fed. 507; 139 C. C. A. 55; rev'g, s. c. 33 Am. B. R. 418; 221 Fed. 134. See also, 32 Am. B. R. 519. Newcomb v. Biwer, 29 Am. B. R. 15; 199 Fed. 529. Pleading when sufficient. McKey v. Cochran (111. Sup. Ct.), 33 Am. B. R. 78. [Observe reijuirements of Equity Rulea, when action is brought in Federal court.] 574 FORMS IN BANKRUPTCY. FORM No. 345. COMPLAINT IN STATE COURT ACTION TO SET ASIDE UNDER SEC. 70-e BILI. OF SALE MADE BEYOND FOUR MONTHS' PERIOD. Court of County. ,as Trustee in Bankruptcy of Plaiiitif, against Defendant. 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 jiroceedings 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 (jualified 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 apj)ointment 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 j»rovisions 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 weie 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 hin) 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 TN BANKErPTCY. 575 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 bankruptcy; that all of said debts remain whollv uii])ai been included in creditor's bill. Carter v. Hobbs. 1 Am. B. R. 215; 92 Fed. 594. A series of acts covering different conveyances made to different parties may properly be united in one bill in equity by creditors to reach the property, provided it be alleged that the acts were done pursuant to a single fraudulent scheme. A complaint which alleges that such transactions were made without consideration and with continu- ing intent to defraud is not demurrable. Wright, Trustee v. Simon (N. Y. App. Div.), 118 App. Div. (N. Y.) 774. FORMS IN BANKRUPTCY. 579 Trustee suing under Sec. 70-e must bring liimsi-lf within the elements of pleading and proof recognized by the statutes and decisions of the State in which action is brought. llalbert v. Pranke (Minn. Sup.), 11 Am. B. R. 620. In re (iray, 3 Am. B. R. 647; 47 App. Div. (N. V.) 554. Mueller v. Bruss {supra). 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. Suits by trustee — fraudulent transfer. Right to a jiu"y trial. In an action by a trustee in bankruptcy to recover the value of personal property claimed to have been disposed of by the bankrupt in fraud of creditors, the plaintiff is entitled to a jury trial, and this is so whether the complaint be construed as based upon the provisions of Sec. 60 or Sec. 70 of the Bankruptcy Act, authorizing a trustee in such cases to recover the property or its value. Allen V. Gray et al. (X. V. Ct. of App.), 25 Am. B. R. 423; 201 X. Y. 504; rev'g 8. c. 24 Am. B. R. 642; 139 App. Div. (X. Y.) 428. Compare Cohn v. Small, IS Am. B. R. 817; 120 App. Div. (X. Y.) 211; aff'd, 190 X. Y. 568. Necessary elements of proof. Van Iderstine, Trustee v. Xat. Discount Co. (C. C. A. 2d Cir.), 23 Am. B. R. 345; 174 Fed. 518; 98 C. C. A. 300; aflT'd, 29 Am. B. R. 478; 227 U. S. 575; 57 L. Ed. 652. Lyon V. Wallace (Mass. Sup. Ct.), 35 Am. B. R. 688. Test of validity is the law of the State. Mattley v. Wolfe (D. C. Xeb.), 23 Am. B. R. 673; 175 Fed. 619. Dodge V. Xorlin (C. C. A. 8th Cir.), 13 Am. B. R. 176; 133 Fed. 363; 66 C. C. A. 425. Intent. In re Hughes (D. C. X. Y.), 25 Am. B. R. 556; 183 Fed. 872. L'nderleak v. Scott (Minn. Sup. Ct.), 28 Am. B. R. 926. McKey v. Smith (111. Sup. Ct.), 28 Am. B. R. 864. Butcher v. Cantor, 26 Am. B. R. 424; 185 Fed. 945. General verdict of jury cannot be treated as a finding that there was an intent to defraud of which tlie transferee had knowledge. \'an Iderstine v. Xat. Discount Co. (supra). Burden of proof. When fraudulent transfer has been established. Bentley v. Young et al. (D. C. X. Y.), 31 Am. B. R. 506; 210 Fed. 202. Horner-Gaylord Co. v. Miller and Bennett (D. C. W. Va.), 17 Am. B. R. 257; 147 Fed. 295. In re Schacht :\Iotor Car Co., 31 Am. B. R. 624. 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 (0. C. A. 2d Cir.), 15 Am. B. R. 748; 142 Fed. 674; 74 C. C. A. 250. Under Ohio Rev. St., See. 6343. Actual fraud or an intent to defraud need not bo 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 ro Foss, 17 Am. B. R. 439; 147 Fed. 790. Milkman v. Arthe (C. C. A. 2d Cir.), 34 Am. B. R. 536; 223 Fed. 507; 139 C. C. A. 55; rev'g, s. c. 33 Am. B. R. 418; 221 Fed. 134. 580 FORMS IN BANKRUPTCY. Klingcr v. Hyman (C. C. A. 2d Cir.), 34 Am. B. R. 338; 223 Fed. 257; 138 C. C. A. 499. Mortgage withheld from record. In re Hunt, 14 Am. B. R. 416; 139 Fed. 283. Butcher v. Werksman, 30 Am. B. R. 332; 204 Fed. 330. Athens Nat. Bank v. Shackelford (U. S. Sup.), 239 U. S. 81; aff'g 208 Fed. 677. Fraudulent and void both as to subsequent and prior creditors. In re Duggan (C. C. A. 5th Cir.), 25 Am. B. R. 479; 183 Fed. 405; 106 C. C. A. 51; aff'g, s. c. 25 Am. B. R. 105; 182 Fed. 252. [See, Moore " Fraudulent Conveyances," Vol. I., pp. 176-221.] Mortgage of real estate not required to be recorded in New York as against general creditors and trustee. In re Mosher (D. C. N. Y.), 35 Am. B. R. 284; 224 Fed. 739. In re Boyd (C. C. A. 2d Cir.), 32 Am. B. R. 548; 213 Fed. 774; 130 C. C. A. 288. Fraudulent transfers — recovery. Plenary suit is in most cases necessary to reach property in hands of third persons since decision of Supreme Court in Bardes v. Hawarden Bank, 4 Am. B. R. 163; 178 U. S. 524; 44 L. Ed. 1175. Has power though transfer was made more than four months prior to adjudicatioR. 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 App. Div. (N. Y.) 554; 62 N. Y. Supp. 618. Beasley v. Covins, 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. (X. Y.) 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 {stipra). McNulty v. Feingold, 12 Am. B. R. 3S8. Wall v. Cox (C. C. A. 4th Cir.), 4 Am. B. R. 659; 101 Fed. 403; 41 C. C. A. 408. See, s. c. 5 Am. B. R. 727; 181 U. S. 244; 45 L. Ed. 845. Proceeds of fire insurance contracted by fraudulent transferee of bankrupt's prop- erty not recoverable. Lewis v. Julius (D. C. X. Y.). 31 Am. B. R. 575; 212 Fed. 225. Trenholm v. Klinker (Miss. Sp. Ct.), 33 Am. B. R. 562. 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 creditors, where decree would not afford full relief, owing to depreciation in value of certificates, the court may award a money judgment against the transferee. \Vasey v. Holbrook, 65 Misc. (^T. Y.) 84. Transfer hold valid to e.xtent of monies advanced. Vollmcr V. Plage. 26 Am. B. R. 590; 186 Fed. 508. Vendee chargeable with such knowledge as he might have acquired by reasonable inquiry. In re Calvi (D. C. X. Y.), 20 Am. B. R. 206; 185 Fed. 642. Wecker v. Xational Enameling Co. (U. S. Sup.), 204 U. S. 182; 51 L. Ed. 434. Sale of stock in bulk. Johnston v. Forsyth Mercantile Co., 19 Am. B. R. 48: 155 Fed. 268. Ilouck 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. (N. Y.) 261. FORMS IN BANKRUPTCY. 581 111 Iowa, void as to those wlio became creditors alter execution of, but before recording. Post V. Berry (C. C. A. 8tJi Cir.), 23 Am. B. R. 699; 175 Fed. 564; 99 C. C. A. 186. In re Bothe (C. C. A. 8th Cir.), 23 Am. B. R. 151; 173 Fed. 597; 97 C. C. A. 547. Validity under Massachusetts statute. Carpenter v. Karnow, 28 Am. B. R. 21; 193 Fed. 762. New York statute. Parker v. Sherman, 29 Am. B. R. 862; 201 Fed. 155; aiT'd, 32 Am. B. R. 393; 212 Fed. 917; 129 C. C. A. 437. In re Calvi, 26 Am. B. R. 206; 185 Fed. 642. Godwin v. Tuttle {Ore. Sup. Ct.j, 33 Am. B. R. 93. Burden of proof. Sale of entire stock in bulk out of due course of business, is presumptively ques- tionable 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. C. R. 345; 174 Fed. 518; 98 C. C. A. 300. Shelton v. Price (D. C. Ala.), 23 Am. B. R. 431; 174 Fed. 891. Paying full value will not avoid consequences of fraudulent transaction. In re Calvi (supra). Mortgage of entire stock; failure to make inquiry. Johnson v. Dismukes (C. C. A. 5th Cir.), 29 Am. B. R. 086; 204 Fed. 382; 122 C. C. A. 552; aff'g 29 Am. B. R. 84; 199 Fed. 319. FORM No. 346. BILL IN EQUITY TO RECOVER FRAUDULENT TRANSFER AND ALLEGING CONSPIRACY TO DEFRAUD. District Court of the United States, District of : , as Trustee in Bankruptcy of Bankrupt , Plaintiff, against and Defendant'^. ' In Equity. To the Honorable Jud^^e of the District Court of the United States, for the District of : as trustee in bankruptcy of , bankrupt, 582 FORMS IN BANKRUPTCY. brings this, his bill of complaint against and , and thereupon the plaintiff complains and says : 1. That the plaintiif is a citizen of the United States and resides at in the District of 2. That the defendants and are citizens of the United States and reside at in the District of 3. That the jurisdiction of this Court is conferred l)y the Bankruptcy Act of 1898 and the amendments thereto and the suit is brought to recover a fraudulent transfer of property under Section 70-e of said act. 4. That heretofore and on or about the day of , 11) . ., a petition in involuntary l)ankruptcy signed and verified by the creditors therein named, was duly filed in the District Court of the Ignited States for the District of , praying that , a merchant and trader in and manufacturer of , having for the greater part of the six months next preceding the filing of the said petition, resided and 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 tlie District of , Avherein 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 sui'h proceedings were duly had upon said petition and adjudication that the Hrst meeting of creditors of the said was duly held at the office of , Esq., one of the referees in bankru])tcy 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. ., the plaintiff ^vas duly appointed trustee of the said and of his assets, duly accepted such ajipointment and duly filed his l)0iul in the said District Court of the Ignited States for tlie District of in the sum of dollars as required by the terms of the order of his appointment, which l)ond was, on or about the (lay of in. ., 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 plaintiif entered upon the discharge of his duties as such trustee and now continues in the performance thereof. That upon information and belief plaintifT further alleges: 5. That at all the times hereinafter mentioned, the respondents and were engaged in Inisiness in the City of , as , under the firm name and style of FORMS IN BANKRUPTCY. 583 6. That in the mouths of , and , ID. ., 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 l)een 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. T. That the said at the times referred to in the last paragraph, well knew that he was thiis insolvent. 8. 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 largo sums of money which he was unable to pay and would l)e 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 ow'n 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 the 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 al)ility to pay therefor and should refer the said merchants from Mhom the said 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 l)y 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 olitain 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 584 FORMS IN BANKRUPTCY. aud 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 9. 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. 10. That likewise pursuant to the said conspiracy and corrupt agreement hereinbefore referred to, upon obtaining said merchandise in manner and form as above set forth, the said did, during the months of , and , 19 ... , and within four 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 value 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. 11. That the said transfers were made by the said to the paid to hinder, delay, cheat and defraud his creditors and wise, and the said firm of did not receive the same in FORMS IN BANKRUPTCY. 585 good faith and did not then and there pa}' therefor a present, fair consideration or any consideration whatever, and the same are null and void under the National Bankruptcy Act, and amendments thereto, and null and void as against the creditors of the said hy the Laws of the State of And tlie plaintiff avers that such property thus transferred passes, pursuant to said Bankruptcy Act, to the plaintiff and brings this his bill to reclaim and recover the same for the benefit of the creditors of the said I"-.'. And plaintiff' 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 the plaintiff are without adequate remedy at law without the equitable intervention of this court, unless this court shall in furtherance of a decree which plaintiff seeks, declare the said transfers to the respondents to have been null and void. To that end therefore the plaintiff' 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 the plaintiff as trustee in bankruptcy of the said III. That it may be decreed and adjudged that the respondents account to the plaintiff' for the value of the said property which has come into their posses- sion as set forth in plaintiff's bill of complaint. IV. That f)laintiff may have judgment against the respondents in the sum of dollars. ]\lay it please your Honor to grant unto the plaintiff 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 such order and decree in the premises as the court shall deem proper and required by the practice in equity and good conscience. Solicilor for plainiij'f, Office and Post Office Address, Street, City of [Verification.] NOTES. SufTicipiK y of bill. Strashuifrer v. Bach (C. C. A. 7th Cir.). 10 Am. B. B. 732: l.'^7 Frd. 918; 85 C. C. A. 246. Ludvigh v. Am. Woolon Co. (D. C. N. Y.), 19 Am. B. B. 795; 159 Fed. 796. Wlien aotion not maintainable. Friedman v. Myers (Cir. Ct. Ohio), 19 Am. B. B. 883. 586 FORMS IN BANKRUPTCY. FORM No. 347. PETITION TO LEVY ASSESSMENT FOR UNPAID STOCK SUBSCRIPTIONS. United States District Court, for the District of : In Bankruptcy. In the Matter OF Banlirupt. No. To the District Court of the United States, for the District of : The petition of respectfully shoM's and alleges : First. That he is the Trustee in Bankruptcy herein, duly qualified and acting. Second. That the said is a corporation, duly organized and existing under the Laws of the State of , and had its principal place of business in the , City of and was engaged in the manufacture and sale of That on the day of , 19 . ., a petition of creditors of said company was duly filed in this court, praying that the said company l^e adjudicated an involuntary bankrupt and such proceedings were thereafter had that on the day of , 19 . . , the said was duly adjudicated a bankrupt; that thereafter at the first meeting of creditors herein, held before Esq., as Eeferee in Bankruptcy, on the day of , 19 . ., your peti- tioner was appointed trustee in bankruptcy of the estate of the said bankrupt, thereafter duly qualified and filed his bond in the penalty required. Third. That your petitioner thereafter immediately entered upon his duties and has sold at puldic auction all of the property and assets of the said l)ank- rupt which came into his hands as trustee and has collected and reduced to cash all of the assets of the said bankrupt which your petitioner has been able to discover. Fourth. That there have l)een filed in the office of the referee in charge of this proceeding proofs of debt aggregating the sum of $ , which sais'otice of Filing Petition to Review. 370. Notice of Motion for Stay Pending Review. 380. Order Staying Proceedings Pending Petition for Review under Sec. 24-b. 381. Petition for Appeal from a Circuit Court of Appeals to the Supreme Court of the United States. 382. Order Allowing Appeal from a Circuit Court of Appeals to the Supreme Court of the United States. 383. Petition for Writ of Error from the Supreme Court to a Circuit Court of Appeals. 384. Writ of Error from the Supreme Court of the United States to a Circuit Court of Appeals. 385. Petition for a Writ of Certiorari from the Supreme Court to a Cir- cuit Court of Appeals. 386. Notice of Application to the Supreme Court for Writ of Certiorari. 387. Motion for Writ of Certiorari from the Supreme Court to a Circuit Court of Appeals. 388. W^rit of Certiorari from the Supreme Court to a Circuit Court of Appeals. 389. Certificate of Question of Jurisdiction by District Court to S\ipreme Court. 300. Certificate of Question of Law in a Bankruptcy Proceedinpr by a Circuit Court of Appeals to the Supreme Court. [6111 612 FORMS IN BANKRUPTCY. FORM No. 358. PETITION FOR APPEAL TO CIRCUIT COURT OF APPEALS FROM ORDER DENYING A DISCHARGE AND ORDER ALLOAVING SAME. ITnited States District Court, for the District of In BankrujDtcy. In the Matter OF Bankrupi. To the Honorable , District Judge of the United States District Court for tlie District of : The above named bankrupt (your petitioner) conceiving himself aggrieved by the final order and decree entered on the .... day of , 19. ., in the above entitled proceeding, dismissing the petition and application for discharge, and denying the said bankrupt a discharge in bankruptcy from his de])ts, does hereby petition for an appeal from the said order and decree to the United States Circuit Court of Appeals for the Circuit, and prays that his appeal may be allowed and a citation granted, directed to and objecting creditors, commanding them and each of them to appear before the United States Circuit Court of Appeals for the Circuit, to do and receive what may appertain to justice to be done in the premises, and that a transcript of the record, proceedings and evidence in said proceeding, duly authenticated, may be transmitted to the United States Circuit Court of Appeals for the Circuit. The foregoing appeal is hereby allowed. Dated , 19.. Banl-rupf. Solicitor for Banl:rupt. D.J. NOTES. Appeals under Sec. 24ra. " Controversies Arisinff in TJankniptcy Procpedinfjs." Smith V. Means (C. C. A. 7th Cir.), 17 Am. B. R. 433; 148 Fed. 89; 78 C. C. A. 10. FORMS IN BANKRUPTCY. 613 Hinds V. Moore (C. C. A. 6th Cir.), 14 Am. 15. R. 1; 134 Fed. 221; 67 C. C. A. 149. Doroshow v. Ott (C. C. A. 3d Cir.), 14 Am. B. R. 34; 134 Fed. 740; 67 C. C. A. 644. Hutchinson v. Otis, 10 Am. B. R. 135; 190 U. S. 552; 47 L. Ed. 1179. Burleigh v. Forman (C. C. A. 1st Cir.), 11 Am. B. R. 74; 125 Fed. 217; 60 C. C. A. 109; In re First Nat. Bank of Canton (C. C. A. 6th Cir.), 14 Am. B. R. 480; 135 Fed. 62; 67 C. C. A. 536. Liddon & Bro. v. Smith (C. C. A. 5th Cir.), 14 Am. B. R. 204; 135 Fed. 43; 67 C. C. A. 517. Delta Nat. Bank v. Easterbrook (C. C. A. 5th Cir.), 13 Am. B. R. 338; 133 Fed. 521; 67 C. C. A. 236; writ of certiorari denied, 200 U. S. 620; 50 E. Ed. 624. Mason v. Wolkowich (C. C. A. 1st Cir.), 17 Am. B. R. 709; 150 Fed. 699; 80 C. C. A. 435. McCarty v. Coffin (C. C. A. 5th Cir.), 18 Am. B. R. 148; 150 Fed. 307; 80 C. C. A. 195; Security Warehousing Co. v. Hand, 19 Am. B. R. 291; 206 U. S. 415; 51 L. Ed. 1117; aff'g 16 Am. B. R. 49; 143 Fed. 32, In re Doran (C. C. A. 6th Cir.), 18 Am. B. R. 760; 154 Fed. 467; 83 C. C. A. 265. A proceeding to compel a purchaser from a receiver to carry out his contract. In re J. Jungman, Inc. (C. C. A. 2d Cir.), 26 Am. B. R. 401; 186 Fed. 302; 108 C. C. A. 380. Order in so-called " Omnibus proceeding " directing the distribution of proceeds of sale among claimants is a final order within statute. In re Leavitt & G'rant (C. C. A. 2d Cir.), 33 Am. B. R. 62; 215 Fed. 898; 132 C. C. A. 238. Review of judgment determining priorities of mortgages and mechanics' liens. The New Hampshire Savings Bank & ano. v. Varner & ano. (C. C. A. 8th Cir.), 33 Am. B. R. 1; 216 Fed. 721; 132 C. C. A. 631. Century Savings Bank v. Robert Moody & Son et al. (Matter of Hartzel) (C. C. A. 8th Cir.), 31 Am. B. R. 586; 209 Fed. 775; 126 C. C. A. 499. Contest over distribution of fund in hands of trustee. Globe Bank & Trust Co. v. Martin (U. S. Sup.), .34 Am. B. R. 162; 236 U. S. 288; 59 L. Ed. 583; aff'g 29 Am. B. R. 935; 201 Fed. 31; 119 C. C. A. 363. Order dismissing petition to recover property from trustee. Constad & Newman v. Buell (In re Gold) (C. C. A. 7th Cir.), 31 Am. B. R. 18; 210 Fed. 410; 127 C. C. A. 142. Plenary suit to recover funds from bankrupt's wife. Kirkpatrick v. Harnesberger (C. C. A. 5th Cir.), 29 Am. B. R. 439; 199 Fed. 886; 118 C. C. A. 334. When conditional vendor intervenes in bankruptcy proceeding, asserting title and asking possession of goods, it is a controversy arising under 24-a of Act, and is appealable. General Order XXXVI does not apply. Baker Ice Machine Co. v. Bailey, Trustee (C. C. A. 8th Cir.), 31 Am. B. R. 513; 209 Fed. 844; 126 C. C. A. 568. See Hewitt v. Berlin Machine Works, 11 Am. B. R. 709; 194 U. S. 296; 48 L. Ed. 986. Ivnapp V. Milwaukee Trust Co., 30 Sup. Ct. Rep. 412; 216 U. S. 545; 54 L. Ed. 610. Houghton V. Burden, 30 Am. B. R. 16; 228 U. S. 161; 57 L. Ed. 780. An order removing bankruptcy proceeding from one district to another reviewable only by appeal. Kyle Lumber Co. v. Bush (C. C. A. 5th Cir.), 13 Am. B. R. 535; 133 Fed. 688; 66 C. C. A. 592. A decree summarily adjudicating the right to property in the possession of a trustee as between him and adverse claimants. 614 FORMS IN BANKEUPTCY. Mound Mines Co. v. Hawthorn (C. C. A. 8th Cir.), 23 Am. B. R. 242; 173 Fed. 882; 97 C. C. A. 394. Order directing sale of property free and clear of liens and determining claims thereto appealable under this section. Thomas v. Woods (C. C. A. 8th Cir.), 23 Am. B. 11. 132; 173 Fed. 585; 97 C. C. A. 535. Order of District Court directing an attorney to account and pay over may be prop- erly reviewed by appeal. Haffenberg v. Chicago Title & Trust Co. (In re Raphael) (C. C. A. 7th Cir.), 27 Am. B. R. 708; 192 Fed. 874; 113 C. C. A. 198. Louisville Trust Co. v. Cominger (U. S. Sup.), 7 Am. B. R. 421; 184 U. S. 18; 46 L. Ed. 413. Reclamation proceedings — when case will be considered as on appeal. Nauman Co. V. Bradshaw (C. C. A. 8th Cir.), 27 Am. B. R. 565; 193 Fed. 350; 113 C. C. A. 274. Review of judgment in plenary suit to recover a preference is by appeal. In re Hamilton Automobile Co. (C. C. A. 7th Cir.), 29 Am. B. R. 163; 196 Fed. 856; 117 C. C. A. 135. Order declaring trust deed not a lien. Rison V. Parham (C. C. A. 4th Cir.), 33 Am. B. R. 571; 219 Fed. 176; 134 C. C. A. 550. Appeals as in equity cases. Sec. 25 (a). General Order XXXVI, (1). (1) from a judgment adjudging or refusing to adjudge tlie defendant a bankrupt. (2) from a judgment granting or denying a discharge. (3) from a judgment allowing or rejecting a debt or claim of five hundred dollars or over. Jurisdiction. As to these three classes of judgments, jurisdiction by appeal exclusive. 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. Davidson & Co. v. Friedman (C. C. A. 6th Cir.), 15 Am. B. R. 489; 140 Fed. 853; 72 C. C. A. 553. In re Kuffler (C. C. A. 2d Cir.), 11 Am. B. R. 469; 127 Fed. 125; 61 C. C. A. 259. First National Bank of Miles City v. State National Bank (C. C. A. 9th Cir.), 12 Am. B. R. 440; 131 Fed. 430; 65 C. C. A. 406. In re Good (C. €. A. 8th Cir.), 3 Am. B. iR. 605; 99 Fed. 389; 39 C. C. A. 581. • (1) Appeals from judgments granting or refusing adjudication. Taft Co. v. Century Savings Bank (C. C. A. 8th Cir.), 15 Am. B. R. 594; 141 Fed. 369; 72 C. C. A. 671. Zugalla V. Mercantile Agency (C. C. A. 3d Cir.), 16 Am. B. R. 67; 142 Fed. 927; 74 C. C. A. 97. Cook Inlet Coal Fields Co. v. Caldwell (supra). Compare In re Neasmith (C. C. A. 6th Cir.), 17 Am. B. R. 128; 147 Fed. 160; 77 C. C. A. 402. An order refusing to vacate and set aside an 'adjudication in bankruptcy is not appealable imder Sec. 25-a. BR Electric etc. Co. v. Aetna Life Ins. Co. (C. C. A. 8th Cir.). 30 Am. B. R. 424; 206 Fed. 885; 124 C. C. A. 545. An order dismissing an involuntary petition is a decree refusing to adjudicate a bankrupt and Is ai)pealable. O'Brien v. Ely (C. C. A. 5th Cir.), 28 Am. B. R. 247; 195 Fed. 64: 115 C. C. A. SO. FORMS IN BANKRUPTCY. 615 Stevens v. Nave-McCord Mercantile Co. (C. C. A. 8th Cir.), 17 Am. B. R. 609; 150 Fed. 71 ; 80 C. C. A. 25. (2) Judgment granting or denying a discharge. An order of the District Court confirming the conclusions of and adopting " as the opinion, conclusions and judgment of the Court," the report of the special master, recommending that specifications of objection to discharge be overruled and dismissed, is not an order granting or refusing a discharge, and an appeal therefrom will not lie to Circuit Court of Appeals. Ragan, Malone & Co. v. Cotton & Preston (C. C. A. 5th Cir.), 28 Am. B. R. 246; 195 Fed. 69; 115 C. C. A. 576. Walter Scott & Co. v. Wilson (C. C. A. 7th Cir.), 8 Am. B. R. 349; 115 Fed. 284; 53 C. C. A. 76. A judgment confirming or rejecting a composition is a judgment granting or refusing a discharge and is therefore reviewable by appeal. In re Friend (C. C. A. 7th Cir.), 13 Am. B. R. 595; 134 Fed. 778; 67 C. C. A. 500. In re Bay State Milling Co. (C. C. A. 2d Cir.), 35 Am. B. R. 112; 223 Fed. 778; 139 C. C. A. 598. 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; Ross v. Saunders (C. C. A. 1st Cir.), 5 Am. B. R. 350; 105 Fed. 915; 45 C. C. A. 123. Where referee passed upon only one of a number of objections filed to the discharge of a bankrupt which he sustained, and his report was confirmed by District Court an appeal from the order denying the discharge brings such objection only before the appellate court. Vehon v. Ullman (C. C. A. 7th Cir.), 17 Am. B. R. 435; 147 Fed. 694; 78 C. C. A. 82. Order dismissing an application for discharge for want of prosecution appealable under this section. In re Kuffller (C. C. A. 2d Cir.), 11 Am. B. R. 469; 127 Fed. 125; 61 C. C. A. 259; In re Semons (C. C. A. 2d Cir.), 15 Am. B. R. 822; 140 Fed. 989; 72 C. C. A. 683. (3) Judgments allowing or rejecting debt or claim of $500 or over. In re Dickson (C. C. A. 1st Cir.), 7 Am. B. R. 186; 111 Fed. 726; 49 C. C. A. 574. In re Groetzinger (C. C. A. 3d Cir.), 11 Am. B. R. 467; 127 Fed. 124; 62 C. C. A. 124. Postlethwaite, Trustee, etc. v. Hicks (C. C. A. 4th Cir.), 21 Am. B. R. 70; 165 Fed. 897; 91 C. C. A. 575. In re Mueller, Trustee, etc. (C. C. A. 6th Cir.), 14 Am. B. R. 256; 135 Fed. 711; 68 C. C. A. 349. Gray v. Grand Forks Mercantile Co. et al., 14 Am. B. R. 780; 138 Fed. 344; 70 C. C. A. 634. Limited to money demand. In re Whitener (C. C. A. 5th Cir.), 5 Am. B. R. 198; 105 Fed. 180; 44 C. C. A. 434. Includes an order fixing amount due on a secured claim. In re Roche (C. C. A. 5th Cir.), 4 Am. B. R. 369; 101 Fed. 956; 42 C. C. A. 115. Adams v. Deckers Valley Lumber Co. (C C A. 4th Cir.), 29 Am. B. R. 42; 202 Fed. 48; 120 C. C. A. 302. In re Loving (U. S. Sup.), 27 Am. B. R. 852; 224 U. S. 183; 56 L. Ed. 725. Review of judgment disallowing claim of $500 or over as a secured claim. Grainger & Co. v. Riley (C. C. A. 6th Cir.), 29 Am. B. R. 114; 201 Fed. 901; 120 C. C. A. 415. Bell v. Arledge (C. C. A. 5th Cir.), 27 Am. B. R. 773; 192 Fed. 837; 113 C. C. A. 161. Kiskadden v. Steinle (C. C. A. 6th Cir.), 29 Am. B. R. 346; 203 Fed. 375; 121 C. C. A. 559. 616 FORMS IN BANKEUPTCY. From judgment rejecting claim governed by rules in equity appeals, except as to the time within which same are to be taken, and the citation and bond are not juris- dictional requisites. In re Quality Shop (C. C. A. 7th Cir.), 29 Am. B. R. 854; 20-2 Fed. 196; 120 C. C. A. 410. In re T. E. Hifl Co. (C. C. A. 7th Cir.), 17 Am. B. R. 517; 148 Fed. 832; 78 C. C. A. 522. Review of order disallowing claim to a mechanic's lien is under 25-a. In re Streator Metal Stamping Co. (C. C. A. 7th Cir.), 30 Am. B. R. 55; 205 Fed. 280; 123 C. C. A. 444, A ruling made in the course of a trial as to the issues on a contested bankruptcy proceeding as to whether or not the petitioning creditors held " provable " claims, is not a judgment allowing or rejecting a debt or claim within the meaning of Sec. 25-a. Xor is the decision of the Court of Appeals upon such a ruling a '" final " decision under 25-b. J. W. Calnan Co. v. Doherty (U. S. Sup.), 27 Am. B. R. 880; 224 U. S. 145; 56 L. Ed. 702. Duryea Power Co. v. Sternbergh, 25 Am. B. R. 66; 218 U. S. 299, 300; 54 L. Ed. 1047. What not appealable. An appeal will not lie under this section from an order sustaining a demurrer to a petition to vacate an adjudication. In re Ives (C. C. A. 6th Cir.l, 7 Am. B. R. 692; 113 Fed. 911; 51 C. C. A. 541; aff'g 111 Fed. 495. Nor from an order requiring a trustee to account for rental value of property, which the trustee allowed bankrupt to use without compensation. Bank of Clinton v. Kondert, 20 Am. B. R. 178; 159 Fed. 703; 86 C. C. A. 571. A decree rendered upon a petition asserting a lien on the proceeds of a sale of a stock exchange seat, not appealable within subdivision 3 of 25-a. Hutchinson v. Otis (supra). An order refusing to vacate an adjudication in bankruptcy not appealable, but reviewable under Sec. 24-b, as an administrative order. Brady v. Bernard & Kittinger (C. C. A. 6th Cir.), 22 Am. B. R. 342; 170 Fed. 576; 95 C. C. A. 656. An order directing the turning over of property or money by a third person to a trustee, not reviewable by appeal. In re Rose Shoe Mfg. Co. (C. C. A. 2d Cir.), 21 Am. B. R. 725; 168 Fed. 39; 93 C. C. A. 461. A claim for attorney's fees and expenses incurred in administration of estate, or by creditors in contesting claims, not appealable. Ohio Valley Bank Co. v. Switzer (C. C. A. 6th Cir.), 18 Am. B. R. 689; 153 Fed. 362; 82 C. C. A. 438. See, Pratt v. Bothe (C. C. A. 6th Cir.), 12 Am. B. R. 529; 130 Fed. 670; 65 C. C. A. 48. Xor from an order adjudging appellant a member of a partnt-rship, which has been adjudged a bankrupt. Francis v. McNeal (C. C. A. 3d Cir.), 22 Am. B. R. .337; 170 Fed. 445; 95 C. C. A. 168. An order dismissing a petition for revocation of a discharge, not appealable. Thompson v. Mauzy (C. C. A. 4th Cir.), 23 Am. B. R. 489; 174 Fed. 611; 98 C. C. A. 457. An interlocutory order of referee, not appealable. Goodman v. Brenner, 6 Am. B. R. 470; 109 Fed. 481; 48 C. C. A. 516. FORMS IN BANKRUPTCY. G17 Discretionary order. Order rejecting cliarges against a receiver for expenses incurred looking to the care or preservation of the bankrupt estate is discretionary and no appeal lies there- from under the Bankruptcy Act. O'Brien v. Ely (C. C. A. 5th Cir.), 28 Am. B, R. 247; 195 Fed. 64; 115 C. C. A. 80. Facts and law are reviewable on appeal. Whole case open to review. Merchants' JS'at. Bank, etc. v. Cole, Adm. (C. C. A. 6th Cir.), 18 Am. B. P. 44; 149 Fed. 708; 79 C. C. A. 414. Ross v. Stroh (C. C. A. 3d Cir.), 21 Am. B. R. 644; 165 Fed. 628; 91 C. C. A. 6l0. Appellate court will not interfere with findings of fact unless clearly erroneous. In re Noyes Bros. (C. C. A. 1st Cir.), 11 Am. B. R. 506; 127 Fed. 286; 62 C. C. A. 218. In re Lawrence (C. C. A. 2d Cir.), 13 Am. B. R. 798; 134 Fed. 843; 67 C. C. A. 617. Dodge v. Xorlin (C. C. A. 8th Cir.), 13 Am. B. R. 176; 133 Fed. 363; 66 C. C. A. 425. Coder v. Arts (C. C. A. 8th Cir.), 18 Am. B. R. 513; 152 Fed. 943; 82 C. C. A. 91. But if judgment is entered on the verdict of a jury, it is conclusive as to facts. Elliott V. Toeppner, 9 Am. B. R. 50; 187 U. S. 327; 47 L. Ed. 200; Bower v. Holzworth (C. C. A. 8th Cir.), 15 Am. B. R. 22; 138 Fed. 28; 70 C. C. A. 396. Houghton V. Burden (U. S. Sup.), 30 Am. B. R. 16; 228 U. S. 161; 57 L. Ed. 780. Duryea Power Co. v. Sternbergh (U. S. Sup.), 25 Am. B. R. 66; 218 U. S. 299; 54 L. Ed. 1047. Right of appeal absolute, and can neither be enlarged nor restricted by District or Appellate Court. In re \Miitener (C. C. A. 5th Cir.), 5 Am. B. R. 198; 105 Fed. 180; 44 C. C. A. 434. Lockman v. Lang (C. C. A. 8th Cir.), 12 Am. B. R. 497, 501; 132 Fed. 1; 65 C. C. A. 621. Even though question of jurisdiction was raised. 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. First Xat. Bank of Denver v. Klug, 8 Am. B. R. 12; 186 U. S. 202; 46 L. Ed. 1127! Parties. Must be taken by party aggrieved. All parties aggrieved by final order or judgment may join in an appeal, although upon different grounds. Stevens v. JSlave-McCord Mercantile Co. (supra). Crim V. Woodford (C. C. A. 4th Cir.), 14 Am. B. 11. 302; 136 Fed. 34; 68 C. C. A. 584. Where creditors, as a whole, are aggrieved, trustee should appeal as their rcj)re- eentative. Foreman v. Burleigh (C. C. A. 1st Cir.), 6 Am. B. R. 230; 109 P"ed. 313; 48 C. C. A. 376. If trustee neglects or refuses, court may direct that he so appeal, or may permit creditor to do so. 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; McDaniel v. Stroud (C. C. A. 4th Cir.), 5 Am. B. R. 685; 106 Fed. 486; 45 C. C. A. 446; Foreman v. Burleigh (supra). Time of taking appeal. Fixed at ten days for appeals taken under Sec. 25-a. When District Court may grant reargument. 618 FORMS IN BANKRUPTCY. In re Wright, 3 Am. B. R. 184; 96 Fed. 820: s. c. on appeal sub nom., In re Worcester Co. (C. C. A. 1st Cir.), 4 Am. B. R. 496; 102 Fed. 808; 42 C. C. A. 637. In re McCall (C. C. A. 6th Cir.), 16 Am. B. R. 670; 145 Fed. 898; 76 C. C. A. 430. Postletlnvaite v. Hicks (C. C. A. 4th Cir.), 21 Am. B. R. 70; 165 Fed. 897; 91 C. C. A. 575. In re Billing, 17 Am. B, R. 80; 145 Fed. 395. See, Mills v. J. H. Fisher & Co. (C. C. A. 6th Cir.), 20 Am. B. R. 237; 159 Fed. 897; 87 C. C. A. 77. Rehearing for purpose of reviving right of appeal, not allowed. In re Girard Glazed Kid Co., 12 Am, B. R. 295; 129 Fed. 841. In re Hudson Cloth- ing Co., 15 Am. B. R. 254; 140 Fed. 49. Rode and Horn v. Phipps (C. C. A. 6th Cir.), 27 Am. B. R. 827; 195 Fed. 414; 115 C. C. A. 316. Conboy v. First Nat. Bank of N. J. (U. JS. Sup.), 16 Am. B. R. 773; 203 U. S. 141; 51 L. Ed. 128. Morgan v. Benedum (C. C. A. 4th Cir.), 19 Am. B. R. 601; 157 Fed. 232; 84 C. C. A. 675. West V. W. A. McLaughlin & Co.'s Trustee (C. C. A. 6th Cir.), 20 Am. B. R. 654; 162 Fed. 124; 89 C. C. A. 124. Nor by subsequent entry of an alias adjudication. In re Berkebile (C. C. A. 2d Cir.), 16 Am. B. R. 277; 144 Fed. 577; 75 C. C. A. 333. Time begins to run from actual entry of order or judgment. In re McCall (C. C. A. 6th Cir.) {supra). While appeal is pending District Court has no jurisdiction to act upon a petition for a rehearing. First Nat. Bank of Miles City v. State Nat. Bank, 12 Am. B. R. 440; 131 Fed. 430; 65 C. C. A. 406. Limitation does not affect appeals in independent suits to recover assets. Boonville, etc. v. Blakey (C. C. A. 7th Cir.). 6 Am. B. R. 13; 107 Fed. 891; 47 C. C. A. 43. Steele v. Buel (C. C. A. 8th Cir.), 5 Am. B. R. 165: 104 Fed. 968; 44 C. C. A. 287. Stelling V. Jones Lumber Co. (C. C. A. 7th Cir.), 8 Am. B. R. 521; 116 Fed. 261; 53 C. C. A. 81. May not be extended. Rhame v. Southern Cotton Oil Co., 35 Am. B. R. 732. Practice on appeals. Conforms to other appeals in equity to Circuit Court of Appeals. In re Rohertshaw Mfg. Co.; 14 Am. B. R. 341 ; 135 Fed. 220. 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; 8. 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. Sufficiency of record. Herman Keck Mfg. Co. v. Lorsch et al. (C. C. A. 6th Cir.), 24 Am. B. R. 705; 184 Fed. 987; 106 C. C. A. 665. Shaffer v. The Koblegard Co. (C. C. A. 4th Cir.), 24 Am. B. R. 898; 183 Fed. 71 : 105 C. C. A. 363; aff'g In re Shaffer, 22 Am. B. R. 147; 169 Fed. 724. An appeal cannot be taken to Circuit Court of Appeals in forma pauperis in Si.Kth Circuit. Herman Keck Mfg. Co. v. Lorsch et al. (supra). FORMS IN BANKRUPTCY. 619 In re Bradford's Petition, 139 Fed. 518. Questions raised for first time on appeal, not to be considered. Arctic Ice Machine Co. v. Armstrong County Trust Co. (C. C. A. 3d Cir.), 27 Am. B. R. 562; 192 Fed. 114; 112 C. C. A. 458. Position of intervening creditors. Cooney v. Dandridge (In re Dandridge & ano.) (C. C. A. 7th Cir.), 31 Am. B. R. 15; 209 Fed. 838; 126 C. C. A. 562. Practice on Appeals to Circuit Court of Appeals. By exception of Sec. 7, Act of March 3, 1891, providing for an appeal to Circuit Court of Appeals from an interlocutory decree, granting or continuing an injunction or appointing a receiver, the appellate court is authorized to review the whole of the inter- locutory decree, not merely the part granting the injunction and also to determine whether there was any insuperable objection in point of jurisdiction or merits to the maintenance of the suit, and if so, to direct a final decree dismissing the bill. United States Fidelity and G. Co. v. Bray (U. S. Sup.), 28 Am. B. R. 207; 225 U. S. 205; 56 L. Ed. 1055. What order held interlocutory and not appealable to Circuit Court of Appeals. In re Strauss (C. C. A. 2d Cir.), 32 Am. B. R. 237; 211 Fed. 123; 127 C. C. A. 521. Supervision fee on appeal to Circuit Court of Appeals abolished by Act of Feb. 13, 1911. In re Burr Mfg. Co. (C. C. A. 2d Cir.), 33 Am. B. R. 61; 215 Fed. 898; 132 C. C. A. 238. Rainey v. W. R. Grace & Co., 231 U. S. 703; 58 L. Ed. 445. . Limit to relief granted. Spencer v. Lowe (C. C. A. 8th Cir.), 29 Am. B. R. 876; 198 Fed. 961; 117 C. C. A. 497. In appeals taken generally under Court of Appeals Act, findings of fact and con- clusions of law not necessary. In re Martin (C. C. A. 6th Cir.), 29 Am. B. R. 935; 201 Fed. 31; 119 C. C. A. 363. 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. Reversal and dismissal by stipulation. In re Donnelly (C. C. A. 6th Cir.), 32 Am. B. R. 232; 211 Fed. 118; 128 C. C. A. 20. 620 FORMS IN BANKRUPTCY. FORM No. 359. CITATION ON APPEAIi. United States District Court, for the District of In Bankruptcy, In the Matter OP y xo. Banl-rupt. United States of America, ss.: 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 ai^d , bankrupt, is the appellant, to show cause, if any there be, why the order and decree in 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 in some cases. Lockman v. Lang (C. C. A. Sth Cir.), 11 Am. B. R. 597; 128 Fed. 279; 62 C. C. A. 550. In re Hill Co. (C. C. A. 7th Cir.), 17 Am. B. R. 517; 148 Fed. 832; 78 C. C. A. 522. In re Quality Shop (C. C. A. 7th Cir.), 29 Am. B. R. 854; 202 Fed. 196; 120 C. C. R. 410. FORMS IN BANKRUPTCY. 621 Defects in, may be cured. Gray v. Grand Forks, etc., Mercantile Co. (C. C. A. 8tli 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 F'ed. 99; 62 C. C. A. 99. FORM No. 360. ASSIGNMENT OF ERRORS. United States District Court, for the District of In Bankruptcy. In the Matter OF Banlrupf. No. Now comes , bankrupt and complainant, and files the following assignment of errors on f:ppeal from order of this Court dated : 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 adjiidicata. Third. That the Court erred in denying a discharge herein to the said bankrupt. Fourth. 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. Wherefore, he prays that said order may be reversed and his discharge '^ranted. By Solicitor for Banl^rnpt. 622 FORMS IN BANKRUPTCY. NOTES. Assignment of errors. Not jurisdictional. Lockman v. Lang et al. (infra). On appeal should be specific; but amendment may be permitted. Flickinger v. First ^at. Bank of Vandalia (C C A. 6th Cir.), 16 Am. B. R. 678; 145 Fed. 162; 76 C. C. A. 132. Failure to file under Rule XV of C. C. A. Bernard, Trustee v. Lea (C. C. A. 4th Cir.), 31 Am. B. R. 436; 210 Fed. 583; 127 C. C. A. 219. Filing considered. Lockman v. Lang et al., 12 Am. B. R. 497; 132 Fed. 1. And, also, s. c. 11 Am. B. R. 597; 128 Fed. 279; 62 C. C. A. 550. Errors not specifically assigned, need not be considered by appellate court. Boonville Js'at. Bank, 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 of Vandalia (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. 361. BOND ON APPEAIi. District Court of the United States, District of . . . In the Matter OP Bankrupt. 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 pay- ment of which well and truly to be made we bind ourselves, our and each of our heirs, representatives, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , 19... Whereas, the above named has prosecuted or is about to prosecute an appeal to the United States Circuit Court of Appeals for tbo FORMS IN BANKRUPTCY. 623 Circuit to reverse the final decree (or order) in the above entitled proceeding entered in the office of the clerk of the United States District Court for the District of , on the . . , day of , 19 . . . Now, therefore, the condition of this obligation is such that if the above named shall prosecute his appeal to effect, and answer all damages and costs if he fails to make said appeal good, then this obligation shall be void, otherwise the same shall be and remain in full force and virtue. Signed, Sealed and Delivered in the presence of L.S. By Manager. Attest : Attorney-in-fact. Approved, U. S. District Judge. 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. In re Barton's Estate, 16 Am. B. R. Segt; 144 Fed. 540. \\Tien trustee need not file (Sec. 25, c). When appeal is allowed within time limit, it will not be dismissed because of a few days' delay in filing the bond. Columbia Iron Works v. Xat. 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. In re Quality Shop (C. C. A. 7th Cir.), 29 Am. B. R. 854; 202 Fed. 196 120 C. C. A. 410. Bond on appeal from order of adjudication held sufficient, although it does not run to all the petitioning creditors. Fliekinger 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 or stop its enforcement. In re Brady, 21 Am. B. R. 364; 169 Fed. 152. 624 FORMS IN BANKRUPTCY. FORM No. 362. NOTICE OF FILING OF BOND ON APPEAIi. United States District Court, for the District of In Bankruptcy. In the Matter OF y No. Hankrupt 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., FORMS IN BANKRUPTCY. 625 FORM No. 363. STIPULATION AS TO RECORD ON APPEAL. United States Circuit Court of Appeals, Circuit. In the Matter OF Jiankrupt. 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 tho 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 Reference. 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... 5 Attorney for Bankrupt- Appellant. 5 Attorneys for Creditors-Respondents. 626 FORMS IN BANKRUPTCY. FORM No. 364. PRAECIPE. United States District Court, District of In the Matter OP Bankrupt. To the Clerk of the United States District Court, for the District of ^ . . . . : You are hereby requested to make a transcript of record to be filed in the United States Circuit Court of Appeals for Circuit pursuant to an appeal, allowed in the above entitled proceeding, and to include in such transcript the following: 1. Petition. 2. Answer. 3. Testimony, narrative form. 4. Exhibits. 5. Opinion of Court. G. Decree, or order. 7. Petition for appeal. 8. Assignment of errors. 9. Citation on appeal. . f 10. Waiver. 11. Praecipe. Solicitor for ... Service of above praecipe admitted this day of 19... Solicitor for . , FORMS IN BANKRUPTCY. 627 FORM No. 365. STIPULATION AS TO PRAECIPE. U. S. Circuit Court of Appeals, for the Circuit. , as Trustee, etc., Complainant- Appellee, against et al., Defe nda n ts-Appellan ts. It is hereby stipulated and agreed that compliance with each and every of the provisions of Rule 75 of the Rules of Practice for the Courts of Equity of the United States, be dispensed with, that neither the appellants nor the appellee shall be required to file a praecipe as set forth in said Rule. That the printing of the bond for costs heretofore duly given and filed by appellants be dispensed with and this stipulation be i)rinted in lieu thereof; that trustee's Exhibits Xo and be not printed in full, but the abstract thereof as herein printed be printed in place thereof, and that either party may read or refer to same or any part thereof upon the appeal herein. Dated , 19... Solicitor for Complainant-Appellee. Solicitor for Defendants- Appellants. 628 FORMS IN BANKRUPTCY. FORM No. 366. STIPTJIiATION AS TO THE RECORD. U. S. Circuit Court of Appeals, for the Circuit ; , , as Trustee, etc., Complainant- Appellee, against et al., Defe ndaii ts-Appellan ts. It is hereby stipulated and agreed that the foregoing is a true transcript of the record of said District Court in the above entitled matter as agreed on by the parties. Dated , 19. .. Solicitor for Complainajit- Appellee. Solicitor for Defendants-Appellants. FORM No. 367. ORDER FILING RECORD. U. S. Circuit Court of Appeals, for the Circuit , , as Trustee, etc. Complainant-Appellee, against et al., Defendants- Appellants. On the above stipulation, dated all the parties herein, it is hereby ., between the solicitors for FORMS IN BANKRUPTCY. 629 Ordered, that the foregoing printed record be and the same hereby isj ordered to be tiled in the othce of the clerk of this Court, in lieu of the record required by the Kules. Dated , 19. . . FORM No. 368. CERTIFICATION BY CLERK OF RECORD ON APPEAIi. United States of America, District of In the Matter OP Banlrupt. 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 the record of the said District Court in the above entitled matter as is by stipulation hereto annexed agreed upon by the parties. 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 appoal consists of all papers in the case as certified by clerk. Certification of record. See, Rule No. 14, Circuit Court of Appeals. In re \Robertslia\v iMfg. Co., 14 Am. B. R. 341 ; 13,5 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). 630 FORMS IN BANKKUPTCY. Record may be reduced by stipulation. In re Robertshaw Mfg. Co. (supra). 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 \\ hen 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. In re National Pressed Brick Co. (C. C. A. 6th Cir.), 32 Am. B. R. 224; 212 Fed. 878; 129 C. C. A. 398. FORM No. 369. APPEARANCE OF COUNSEL. United States Circuit Court of Appeals, for the Circuit : VS. \o - . . . . Term. 19, The clerk will enter my appearance as Counsel for the [This must he signed by a member of the Bar of this Court. Individual, and not firm names, must be signed.] FORMS IN BANKRUPTCY. 631 FORM No. 370. ORDER AMENDING RECORD ON APPEAL. 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 Hankrupt. No. A motion having been made in the above-entitled proceeding for an order ^\nionding 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 papeis 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 to the Circuit Court of Appeals for tiie 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. 682 FORMS IN BANKRUPTCY. FORM No. 371. ORDEB AMENDING PRINTED RECORD AND DIRECTING PRINTING^ AS A PART OF ORIGINAL RECORD. At a Stated Term of the United 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 Jiankrupt 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, •• f Attorneys for Creditors-Respondents. Attorney for Bankrupt- Appellant. FORMS IN BANKRUPTCY. 633 FORM No. 372. PETITION TO RESTORE APPEAL. TO CALENDAR. United States Circuit Court of Appeals, for the Circuit. In the Matter OF Hankrupt Appellant. 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. Wherefore, your petitioner prays for an order directing the Clerk of this Court to add the appeal herein to the present calendar of this court. J Petitioner. (Verification.) 634 FORMS IN BANKRUPTCY. FORM No. 373. ORDER FOR MANDATE. At a Stated Term of the United States Circ-uit 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 District Court of the United States for the District of , This cause came on to be heard on the transcript of record from the District 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 District Court be and it hereby is It is further ordered that a mandate issue to the said District Court in accordance with this decree. FORMS IN BANKRUPTCY. 635 FORM No. 374. MANDATE. United States of America, ss: The President of the United States of America, To the Honorable, the Judge of the District Court of the United States for the District of Greeting : Whereas, lately in the District 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 saifi 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 Costs of Clerk $ Certifying record ... $ Printing record .... $ Attorney $ $. Clerl- of fhe United States Circuit Court of Appeals for the Circuit. 636 FORMS IN BANKRUPTCY. Bill of Cotits in Second Circuit. Costs of in No 19 October Term — DocketiDg cause and filing record, $5.00 ; entering appearance, $0.25 ; filing papers, ; filing motion, $0.35 ; entering order, $0.25; cost of certifying record $ » ; cost of printing record, $ ; filing copies printed record, $2.25 ; transfer to calendar, $1.00; filing brief, $5.00; entering order for mandate, $1.00; taxing costs, and copy, $0.45; issuing mandate, $5.00; attorney's docket fee, $20.00 ; Test. Clerk U. S. Circuit Court of Appeals^ Second Circuit. FORM No. 375. ORDER ON MANDATE. Present : Hon. District Judge. In the Matter OF Banl-rxipt. At a Stated Term of the District Court of the United States, for the District of , held at the United States Court House, in the City of , on the day of , 19. . . No. An appeal having been heretofore taken to the United States Circuit Court of Appeals for the Circuit, by , a creditor herein from an order made in the District Court of the United States for the District of , on the day of , 19- •> allowing the claim of said creditor as a general claim for dollars ($ ) and the said appeal having been duly heard by said court and FORMS IN BANKRUPTCY. 637 said court having affirmed (or reversed) the order appealed from with costs taxed at the sum of $ aud with instructions to this court to enter a decree in conformity with the opinion of said Circuit Court of Appeals and the mandate of the said Circuit Court of Appeals being now before this Court, now on motion of , attorney for , it is hereby Ordered aud adjudged, that the mandate of the Circuit Court of Appeals for the Circuit, dated , 19 ... , be and the same hereby is made the order and judgment of this Court ; and it is hereby Further ordered, that said order of be and the same is hereby affirmed (reversed or modified) with the costs of said appeal taxed at the sum of dollars ($ ) , and it is hereby Further ordered and adjudged, that have judgment against said for the sum of dollars, ($ ) costs on appeal and that he have execution therefor. D.J. FORM No. 376. DECREE IN DISTRICT COURT ATTER MANDATE OF REVERSAL IN EQUITY SUIT. 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. , as Trustee in Bankruptcy of. against and Plaintiff, Defendants. This cause having duly come on to be heard Ijefore this court at an Equity Term thereof, held at the United States Court, in the City of 638 FORMS IN BANKRUPTCY. on the (lay of , 19 . . ., and the plaintiff having appeared upon the trial by Esq., his counsel, and the defendants, and , by , Esq., their solicitor and the defendant . , by Esq., his counsel, and the parties having introduced oral and documentary evidence, and having been argued by counsel -and thereupon the court upon consideration thereof having made and filed its decision and a decree which were duly entered in the office of the clerk of this court on , 19. . ., and the defendants having thereafter filed assignments of error in this court and a petition for appeal to the United States Circuit Court of Appeals for the Circuit, which appeal was duly allowed, and a cita- tion having thereupon been issued by the said United States Circuit Court of Appeals to the plaintiff citing him to appear upon said appeal, and due proceedings having been had in the said court upon said appeal wherein the said United States Circuit Court of Appeals made its order dated , 19. . ., ordering that the said decree be reversed and with instructions to this court to enter a decree in conformity with the opinion of said United States Circuit Court of Appeals, and the mandate of said United States Circuit Court of Appeals having been duly filed in this court on , 19. . ., and an order having been made thereon by this court on the day of , 19. . ., making the order of the said United States Circuit Court of Appeals the order of this court, N'ow, therefore, in conformity with the opinion of the said ITnited States Circuit Court of Appeals, it is Ordered, adjudged and decreed, etc. [Insert substance of decree.] U. S. D. J. FORM No. 377. PETITION TO RX:vrE\(r UNDER SEC. 24-b. United States Circuit Court of Appeals, for the Circuit of In the Matter OP Banl-rupi. > Petition to review in Bankruptcy. To tlio Honorable Judges of the TTnited States Circuit Court of Appeals, for the Circuit. FORMS IN BANKRUPTCY. 639 1. Your petitioner, , appearing by his attorney respectfully represents that he 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. 2. 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. 3. 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 condi- tional 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 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 : 1. Your petitioner was entitled to the return of the said chattels. 2. 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. 3. 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, prays that the same may be revised in matter of law, by this Honorable Court, as pro- vided in Section 24-l> of the Bankruptcy Act and the rules of practice in such case provided, and that same ])e reversed, and for such other and further relief as may lie just and proper. Dated , 19... • J Petitioner. [Verification.] 640 FORMS IN BANKRUPTCY. NOTES. What reviewable. A summary proceeding against 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 and 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; 164 Fed. 823; 90 C. C. A. 627. 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. Ehincan v. Ferguson-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 individual ])artner 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 and Kittinger (C. C. A. 6th Cir.), 22 Am. B. R. 342; 170 Fed. 576; 95 C. C. A. 656. When order was discretionary, not usually granted except for gross abuse of discretion, or when a substantial legal right has been invaded. Mulford V. Fourth Street Nat. Bank (C. C. A. 3d Cir.). 19 Am. B. R. 742; 157 Fed. 897; 85 C. C. A. 225. In re Alden, 30 Am. B. R. 48; 205 Fed. 145; 123 C. C. A. 377. In re Lesser (C. C. A. 2d Cir.) {infra). In re Carley (C. C. A. 3d Cir.) (infra). Not usually granted where the rights of the petitioning party were not affected by the order complained of. In re Madden (C. C. A.), 6 Am. B. R. 614; 110 Fed. 348; 49 C. C. A. 83. Fisher v. Cushman (C. C. A. 1st Cir.), 4 Am. B. R. 646; 103 Fed. 860; 43 C. C. A. 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. An order sustaining objections to a trustee's account, reviewable only upon petition to review under Sec. 24-b. FORMS IN BANKRUPTCY. 641 In re Moore and Bridgeman (C. C. A. 5th Cir.), 21 Am. B. R. 651; 166 Fed. 689; 92 C. C. A. 285. Order determining validity of claim to a lien upon property of a bankrupt or its proceeds. In re Lee, 25 Am. B. R. 436; 182 Fed. 579; 105 C. C. A. 117. ^\^lere question as to validity of a chattel mortgage is one of law only, it is properly reviewable under this section. In re Throckmorton (C. C. A. 6th Cir.), 28 Am. B. R. 487; 196 Fed. 656; 116 C. C. A. 348. Decision as to validity of bankrupt's trust deed. Ritchie County Bank et al. v. McFarland (C. C. A. 4th Cir.), 24 Am. B. R. 803; 183 Fed. 715; 106 C. C. A. 153; aff'g (In re Elletson Co.), 23 Am. B. R. 530 174 Fed. 859. See, Morgan v. First Nat. Bank (C. C. A. 4th Cir.), 16 Am. B. R. 639; 145 Fed. 468; 76 C. C. A. 236. Any order, judgment or judicial action in a bankruptcy proceeding, except such as are appealable under Sec. 25-a. Petition to revise brings up questions of law only. EUiott A'. 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.i. 21 Am. B. R. 142; 164 Fed. 311; 90 €. C. A. 243. Ross et al. v. Stroh (C. C. A. 3d Cir.), 21 .Am. ,B. R. 644; 165 Fed. 628; 91 C. C. A. 616. In re Carley (C. C. A. 3d Cir.), 8 Am. B. R. 720: 117 Fed. 130: 55 C. C. A. 148. In re Lesser (C. C. A. 2d Cir.), 3 Am. B. R. 758; 99 Fed. 913: 40 C. C. A. 177. Mulford V. Foiu-th St. Nat. Bank (C. C. A. 3d Cir.), 19 Am. B. R. 742; 157 Fed. 897; 85 C. C. A. 225. In re Rosser (C. C. A. Sth dr.), 4 Am. B. R. 153; 101 Fed. 562; 41 C. C. A. 497. In re Graessler (C. C. A. 9th Cir.), 18 Am. B. R. 094; 1.54 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; 68 C. C. A. 355. 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. 201. Samel v. Dodd (C. C. A. 5th Cir.), 16 Am. B. R. 163; 142 Fed. 6S; 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; 105 Fed. 180; 44 G. C. A. 434. In re Blanchard Shingle Co. (supra). Chesapeake Shoe Co. v. Seldner C. C. A. 4th Cir.), 10 Am. B. R. 406; 122 Fed. 593; 58 C. C. A. 261. In re Blair (C. C. A. Sth Cir.), 5 Am. B. R. 793; 106 Fed. 662; 45 C. C. A. 530. In re Jacobs (C. C. A. Sth Cir.), 3 Am. B. R. 671; 99 Fed. 539; 39 C. C. A. 647. ^\Tien 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. Order denying application to have adjudication vacated may be so reviewed. Hart-Parr Company v. Barkley & Patton (C. C A. 8th Cir.), 36 Am. B. R. 540. A denial of a motion to dismiss a bankrupt's application for discharge on undis- puted facts presents a question of law reviewable by petition to revise under Sec. 24-b. Lindeke v. Converse (C. C. A. Sth Cir.), 28 Am. B. R. 596; 198 Fed. 618; 117 C. C. A. 322. 642 FORMS IN BANKRUPTCY. Erroneous retention of jurisdiction in a " turn over " order. Shea V. Lewis (C. C. A. 8t)i Cir.), 30 Am. B. R. 436; 206 Fed. 877; 124 C. C. A. 537. ■Validity of a bankruptcy sale. Schuler v. Hassinger et al. (C. C. A. otli Cir.), 24 Am. B. R. 184; 177 Fed. 119; 100 C. C. A. 539. Snow V. Dalton (In re Eagle Furniture Co.) (C. C. A. 4th Cir.), 29 Am. B. 240; 203 Fed. 843; 122 C. C. A. 161. Order directing bankrupt to deliver property to trustee. In re Shidlovsky (C. C. A. 2d Cir.), 34 Am. B. R. 861; 224 Fed. 450; 140 C. C. A. 654. Erroneous exercise of jurisdiction by District Court to determine claim to property. Gibbons v. Goldsmith (C. C. A. 9th Cir.), 35 Am. B. R. 40; 222 Fed. 826; 138 C. C. A. 252. Order refusing lien. Huttig Sash & Door Co. v. Stitt (C. C. A. 5th Cir.), 33 Am. B. R. 251; 218 Fed. 1; 133 C. C. A. 641. Interlocutory orders affecting administration. In re Chotiner (C. C. A. 3d Cir.), 33 Am. B. R. 288; 218 Fed. 813; 134 C. C. A. 501; dismissing petition to review, s. c. 32 Am. B. R. 760; 216 Fed. 916. Practice. When record insufficient to show question of law presented. Hegner v. American Trust & Savings Bank, 26 Am. B. R. 571; 187 Fed. 599; 109 C. C. A. 429. Circuit Court of Appeals upon petition to review not accompanied either by a tran- script of the record and proceedings had below or findings of fact, will not consider or pass upon the regularity or validity of proceedings of a sale free from liens. In re Throckmorton (C. C. A. 6tli Cir.), 28 Am. B. R. 487; 196 Fed. 656; 110 C. C. A. 348. In re Taft (C. C. A. 6th Cir.), 13 Am. B. R. 417; 133 Fed. 511; 66 C. C. A. 385. Where Circuit Court of Appeals reverses an order of the District Court and remanus the case without prejudice to such further proceedings as justice may demand, s^.'ch order cannot be amended by the District Court, as it is annulled by the action of tlie apellate court. In re Lesaius (C. C. A. 3d Cir.), 25 Am. B. R. 102; 181 Fed. 690; 104 C. C. A. 5SS. Findings of fact by master not reviewed. In re Caponigri (C. C. A. 2d Cir.), 25 Am. B. R. 509; 183 Fed. 307; 105 C. C. A. 519. Admission of facts by failure to respond to petition. Rule 39 of C. C. A. Rules. In re Frank (C. C. A. 8th Cir.), 25 Am. B. R. 486; 182 Fed. 794; 105 C. C. A. 220. What may be considered. s. c. {supra). Appeals under Sec. 24-a and petition to review under Sec. 24-b. Either right may be invoked in proper case. Dodge v. Norlin (C. C. A. 8th Cir.), 13 Am. B. R. 176; 133 Fed. 363; 66 C. C. A. 425. In re Holmes (C. C. A. 8th Cir.), 15 Am. B. R. 689; 142 Fed. 391; 73 C. C. A. 491. In re iVIcKenzie (C. C. A. 8th Cir.), 15 Am. B. R. 679; 142 Fed. 383; 73 C. C. A. 483. Taft Co. v. Century Savings Bank (C. €. A. 8th Cir.), 15 Am. B. R. 594: 141 luvl. 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. 434. [For discussion of basis of distinction. See Collier on Bankruptcy (10th Ed.), pp. 521-528.] FORMS IN BANKRUPTCY. 643 The distinction between, " controversies arisinj; in bankruptcy proceedings " appeal- able under Sec. 24-a of the Act and proceedings in bankruptcy reviewable under Sec. 24-b is clearly defined, and the remedies afforded by the two sub- sections are mutually exclusive. Barnes v. Pauipel (C. C. A. 6th Cir.), 27 Am. B. R. 192; 192 Fed. 525; 113 C. C. A. 81. Practice. 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 Cir- cuit 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. 9C6; 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 A. 7th Cir.), 3 Am. B. R. 145: 96 Fed. 935; 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 (infra). 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. (infra). Sufficiency of petition. In re Witherbee (United Wireless Telegraph Co.) (C. C A. 1st Cir.), 30 Am. B. R 314; 202 Fed. 896; 121 C. C. A. 254. Supervision fee abolished. In re Burr Mfg. Co. (C. C. A. 2d Cir.), 33 Am. B. R. 61 ; 215 Fed. 898; 132 C. C. A. 238. Time within which petition should be filed. Not limited by Act or General Orders. In absence of rule by Circuit Court of Appeals, within a reasonable time. In re Good, 3 Am. B. R. 605; 99 Fed. 389; 39 C. C. A. 581. In re N. Y. Economical Printing Co. (C. C. A. 2d 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; 68 C. C. A. 355. Now usually limited by rule of appellate court. Blanchard et al. v. Ammons (C. C. A. 9th Cir.), 25 Am. B. R. 590; 183 Fed. 556; 106 C. C. A. 102. Dismissed if not filed within ten days in Second Circuit. In re Tanenhaus (C. C. A. 2d Cir.), 33 Am. B. R. 648; 211 Fed. 971. 6U FORMS IN BANKRUPTCY. Not extended by motion to resettle. In re John M. Linck Cons. Co., 34 Am. B. R. 860; 225 Fed. 488; 140 C. C. A. 18. Excuses for delay. In re Groetzinger (C. C. A. 3d Cir.), 11 Am. B. R. 467; 127 Fed. 124; 62 C. C. A. 124; Meyer Drug Co. v. Piiikin Drug Co. (C. C. A. 5th Cir.), 14 Am. B. R. 477; 136 Fed. 396; 69 C. C. A. 240. 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. G31. 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. 2d Cir.), 15 Am. B. R. 701; 142 Fed. 445; 73 C. C. A. 561; aft'd (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. 1170. Contra. In re McMahon (C. C. A. 6th Cir.), 17 Am. B. R. 530; 147 Fed. 684; 77 C. C. A. 668. O'Dell v. Boyden (C. C. A. 6th Cir.), 17 Am. B. R. 751; 130 Fed. 731; 80 C. C. A. 397. Action on trustee's bond not reviewable luuler 24-b as a '" proceeding in liank- ruptcy." United States ex rel. Throckmorton v. Ruggles (C. C. A. Gtli Cir.), 34 Am. B. R. 91; 221 Fed. 256; 137 C. C. A. 109. Where appeal may be 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; 80C.C. A. 435. InreMoMahon (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. 2d Cir.), 11 Am. B. R. 469; 127 Fed. 125; 61 C. C. A. 259. In re Good (CCA. 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; 65 C. C. A. 406. Brady v. Bernard & Kittinger (C. C. A. 6th Cir.), 22 Am. B. R. 342; 170 Fed. 576; 95 C. C. A. 656. See, Stevens et al. v. Nave-McCord Mercantile Co. et al. (C. C. A. Stli C^ir.), 17 Am. B. R. 609; 150 Fed. 71; 80 C. C. A. 25. In re Loving (U. S. Sup.), 27 Am. B. R. 852; 224 U. S. 183; 56 L. Ed. 725. Morehouse v. Pacific Hardware & Steel Co. (C. C. A. 9th Cir.), 24 Am. B. R. 178; 177 Fed. 337; 100 C. C. A. 647. Dickas v. Barnes (C. C. A. 6th Cir.), 15 Am. B. R. 566; 140 Fed. 849; 72 C. C. A. 261. In re Breyer Printing Co. (C. C. A. 7th Cir.), 32 Am. B. R. 796; 216 Fed. 878; 133 C. C. A. 82. Decision of Circuit Court of Appeals on such review not appealable, but can be transferred to Supreme Court on certiorari. FORMS IN BANKRUPTCY. 645 In re Baker, 4 Am. B. R. 778; 104 Fed. 287; 43 C. C. A. 53G. Conro V. Crane, 94 U. S. 441; 24 L. Ed. 145. 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 re Henschel (D. C. N. Y.), 8 Am. B. R. 201; 114 Fed. 968. Jurisdiction. Supreme Court no jurisdiction under Section 24-b of Act to review an order of the District Court of Porto Rico, determining a member of a bankrupt co-partnership to be a general partner and his personal estate liable for the firm debts. Munsuri v. Fricker (U. S. Sup.), 27 Am. B. R. 344; 222 U. S. 121; 56 L. Ed. 121. Circuit Court of Appeals no jurisdiction under this section to control the discre- tion of a court of bankruptcy in the matter of appointment or removal of referees. Birch V. Steele (C. C. A. 5th Cir.), 21 Am. B. R. 539; 165 Fed. 577; 91 C. C. A. 415. What petition should show. In re Richards (C. C. A. 7th Cir.), 3 Am. B. R. 145; 90 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. In re O'Connell, 14 Am. B. R. 237; 137 Fed. 838; 70 C. C. A. 336. In re Pettingill & Co., 14 Am. B. R. 757; 137 Fed. 840; 70 C C. A. 338. 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. 646 FORMS IN BANKRUPTCY. FORM No. 378. NOTICE OF FILING PETITION TO REVIETV, United States Circuit Court of Appeals, Circuit. In the Matter 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 tliat court on the day of , 19 . . , confirming the rejwrt of as Special Master, dated the day of ,19.-. Dated ,19... Attorneii and solicitor for. To Attorney for FORMS IN BANKRUPTCY. 647 FORM No. 379. NOTICE OF MOTION FOR 3TAY PENDING REVIEW. Vnited States District Court, for the District of In Bankruptcy. In the Matter OF Bankrupt. Sir: Upon all the proceedings had herein and on the petition to review the order and decree entered herein on the day of 10 . . , directing that (etc.) , filed in the clerk's office of the United States Circuit Court of Appeals for the Circuit, on or ahout . . . ., 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... > Attornei/ for , (Address.) Tc Esq., Attorney for 648 FORMS IN BANKRUPTCY. FORM No. 380. ORDER STAYING PROCEEDINGS PENDING PETITION FOR REVIEW UNDER 24-b. At a Stated Term of the District Court of the United States, 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. Upon reading and filing the petition of duly verified, the petition to review herein, and on motion of attorney for said petitioner, and sufficient reason appearing therefor, it is Ordered, that further proceedings to enforce the order made and entered herein dated to , be stayed, pending the hearing and determination of the petition for review herein, upon the filing in this Court by the petitioner of a supersedeas bond, with good and sufficient sureties to the satisfaction of the Court in the sum of $ U. S. D. J. FORMS IN BANKRUPTCY. 649 FORM No. 381. 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, .and Appellants, vs. .and 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 has therein been rendered on the day of , A. D , affirming the decree of the District 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 not final jurisdiction and that it is a proper cause to be reviewed by the Supreme Court of the United States on appeal. 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. Attorney for appellants. [Yerification.] NOTES. Appeals to Supreme Court. Judiciary Act of March 3, 1891, 26 Siat. at Large 826; Judicial Code, March 3, 1911, ch. 231; 36 Stat, at Large, 1087; Ch. 517, U. S. Compiled Stat. 1901, pp. 488-549. Bankruptcy Act, Sec. 25-b. General Order XXXVI, (2), (3). '"' '"«. A;r::,';;e;rn»;l er44s. § « <. .v. ,.,• ...,. .». .»... .»..icti„g appeal t(t Supreme Coiu-t. 650 FORMS IN BANKRUPTCY. 38 Stat. 803, 804, Chap. 22. Hewitt V. Berlin Macliine Works, 11 Am. B. R. 709; 194 U. S. 296; 48 L. Ed. 986. In appeals under Sec. 25-b ( 1 ) , claim in controversy must exceed $2,000. Hutchinson v. Otis (C. C. A. 1st Cir.), 10 Am. B. R. 275; 123 Fed. 14; 59 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. Cawtliorn-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 Sec. 25, 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. See rule as laid down in Central Trust Co. of Illinois v. Lueders (U. S. Sup.), 239 U. S. 11; 35 Am. B. R. 730. Jurisdiction denied. Lazarus et al. v. Prentice, Ancillary Receiver. 32 Am. B. R. 559; 234 U. S. 263; 58 L. Ed. 1305. Central Trust Co. of Illinois v. Chicago Auditorium Association, 36 Am. B. R. 679; modifying, s. c. 32 Am. B. R. 417. Matters arising in the administration of the bankrupt estate. Wynkoop, Hallenbeck, Crawford Co. v. Gaines, 29 Am. B. R. 369; 227 U. S. 4; 57 L. Ed. 391, dismissing appeal from In re Paris Modes Co. (C. C A. 2d Cir.), 28 Am. B. R. 470; 196 Fed. 357; 116 C. C. A. 177. From a judgment of the Circuit Court of Appeals affirming a judgment refusing to grant a discharge. James v. Stone & Co., 29 Am. B. R. 476; 227 U. S. 410; 57 L. Ed. 573. ^^^lat cannot be reviewed under Sec. 6 of the Judiciary Act of Mar. 3, 1891. J. W. Calnan Co. v. Doherty, 27 Am. B. R. 880; 224 U. S. 145; 56 L. Ed. 702. Tefft, Weller & Co. v. Munsuri. 27 Am. B. R. 338; 222 U. S. 114; 56 L. Ed. 118. Supreme Court cannot entertain an appeal from a judgment of Circuit Court of Appeals upon a petition to revise under Sec. 24-b of the Act. Mitchell Store Building Co. v. Carroll, 35 Am. B. R. 197; 232 U. S. 379; 58 L. Ed. 650; dismissing appeal from 27 Am. B. R. 894. Nor when decree in District Court is an interlocutory order granting a temporary injunction, s. c. (supra). Question whether a case arises under the laws of the United States so as to permit appeal to United States Supreme Court from judgment of Circuit Court of Appeals is determined upon the grounds of jurisdiction set forth in the petition. Lovell V. Isidore Newman & Son (U. S. Sup.), 29 Am. B. R. 482; 227 U. S. 412; 57 L. Ed. 577. The right of appeal from a decision of a Circuit Court of Appeals allowing or rejecting a 'claim is given by Sec. 25-b of the Bankruptcy Act only where the decision is final, whether there is a certificate under Sec. 25-b (2) or not. Duryea Power Co. v. Sternbergh, 25 Am. B. R. 66; 218 U. S. 299; 54 L. Ed. 1047. What appealable. A decree dismissing petition of a trustee in bankruptcy to prevent enforcement in a State court of a lien for labor and materials appealable to Supreme Court. Hobbs V. Head and Doust Co.. 31 Am. B. R. 656; 231 U. S. 692; 58 L. Ed. 440; ar Plaintiff in error, By , His attorney. The foregoing petition is granted and vrrit of error allowed as prayed for upon 's giving bond according to law in the sum of $ > Associate Justice of the Supreme, Court of the United States. FORM No. 384. "WRIT OF ERROR FROM THE SUPREIVIE COURT OF THE UNITED STATES TO A CIRCUIT COURT OF APPEAXS. 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 ^nlling 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 654 FORMS IN BANKRUPTCY. therein given, that then under your seal, distinctly and openly, you send the record and proceedings aforesaid, with ell 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 be done therein to correct that error, what of right, and according to the laws and customs of the United States, should be done. Witness, the Honorable , Chief Justice of the United States, the day 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. NOTES Paffp 654 line 21. insert after figures " 1133": * st Art „. .,a„. 28. .fll5, 38 Stat, at L. S03 S04 .1,^22. ve.tnCng .nt, „. error to Supreme Court: also Act of Kept. h. 10K.. eli. 44s, !> (.. .K.c/-t. i.i ,i.iui juugiiieiu 01 higiiest State court. Eau Claire Xat. Bank v. Jackman, 17 Am. B. R. 675; 204 U. S. 522; 51 L. Ed. 596. 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. 336; 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. 19, is reviewable in the Supremo Court of the United States only by writ of error. F. L. Grant Shoe Co. v. W. M. Laird Co., 17 Am. B. R. 1; 203 U. S. 502; 51 L. Ed. 292. 396. Bower v. Holzworth (C. C. A. 8th Cir.), 15 Am. B. R. 22; 138 Fed. 28; 70 C. C. A. 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. Duncan v. Landis (C. C. A. 3d Cir.), 6 Am. B. R. 649; 106 Fed 839; 45 C. C A. 606. How attested. Long V. Farmers' State Bank (C. C. A. 8th Cir.), 17 Am. B. R. 103; 147 Fed. 360; 77 C. C. A. 538. Where jury is not demanded under See. 19-a it is deemed waived; but judge may submit as in equity, certain issues of fact to a jury in an advisory capacity and from judgment of court in such cases an appeal is held proper method of review. In re Neasmith (C. C. A. 6th Cir.), 17 Am. B. R. 128; 147 Fed. 160; 77 C. C. A. 402. FOKMS IN BANKRUPTCY. ,655 Oil Well Supply Co. v. Hall (C. C. A. 4th Cir.), 11 Am. B. R. 738; 128 Fed. 875; C3 C. C. A. 343. Writ brings up matters of law only. Elliott V. Toeppner (supra). As to necessity of bill of exceptions. F. L. Grant Shoe Co. v. W. M. Laird Co. (supra). Time within which to bring. Act of March 3, 1891, Chap. 517, Sees. 6 and 11. Time within which to bring not limited to 30 days. General Order XXXVI (2) has no application. F. L. Grant Shoe Co. v. W. M. Laird Co. (supra). What reviewable. Order of District Court adjudging defendant in contempt for disobeying turn over order and imposing fine payable to C'nited States in etl'ect a criminal judgment. Brown v. Detroit Trust Co. {C. C. A. 6th Cir.), 193 Fed. 622: 113 C. C. A. 490. Action at law by trustee to recover property alleged to have been transferred in fraud of creditors. Delta Xat. Bank v. Easterbrook (C. C. A. 5th Cir.), 13 Am. B. R. 338; 133 Fed. 521; 67 C. C. A. 236. Objection not raised below, not available. Frank v. Vollkommer (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. The fact that the ruling of the District Court has been affirmed by the Circuit Court of Appeals on a petition to review will not preclude a writ of error from the Supreme Court to the District Court to review the final decision in the case. Frederick L. Grant Shoe Co. v. W. M. Laird Co. (U. S. Sup.), 21 Am. B. R. 484; 212 r. S. 445: 53 L. Ed. 591. Practice. See, 37 U. S. Stat, at L. 54, Chap. 12 and 199 Fed. 115. Petition with assignment of errors should be filed. Writ issues in the name of the President of the United States and is tested as of date of issue in name of Chief Justice of tlie Lnited States. Bears seal of court issu- ing same, and signed by clerk of that court. \\'rit when sent up should be accompanied by a citation signed by judge of court to which writ is addressed, or any judge of the appellate court. Citation should give names of all applicants for the writ. Kerrch v. United States, 22 Am. B. R. 544; 171 Fed. 365. Practitioner should consult for additional forms and practice under writs of error. Circuit Court of Appeals to District: United States Supreme Court to Circuit Court of Appeals, District Court or State court. Foster's, "Federal Practice" (5th Ed., 1913). Loveland's, '"Appellate Jurisdiction" (1911). Rose's, " Federal Procedure." 656 FORMS IN BANKRUPTCY. FORM No. 385. PETITION FOR WRIT OF CERTIORARI TO REMOVE A CAUSE FOR REVIEW TO SUPREME COURT. In the Supreme Court of the United States, Term A. D. 19... Petitioner, vs. Respondent. Petition for writ of certiorari to the United States Circuit Court of Appeals for the Circuit, requiriuo^ it to certify to the Supreme Court of the United States for its revision and determination the petition for reviev,' in bankruptcy taken bv 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 diiferent circuits are at variance, thus necessitating an authoritative determination thereupon l^y this court. Second. The question involved is as follows : [Recite in full; also proceedings, findings and decision in court below.] [Recite also grounds upon which judgment of court below should be reversed or modified.] Your petitioner annexes hereto his brief in support of this petition. 'Wlierefore, your petitioner prays that t. 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, on a day certain to be therein designated, 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 that said case may be reviewed and determined by this court, as provided by law; and that FORMS IN BANKRUPTCY. 657 the judgment of the said Circuit Court of Appeals in said case may be reversed hy this Honorable Court. And that petitioner ma}- have such other and further relief as may seem meet and proper. And your petitioner will ever pray. Petitioner. J Attorney for petitioner. [Verification.] NOTES. - -r - -5. . ,4. T .-co P9P_'Preme Court- a.s amended June ?2, lOie! " ' " "' ^"'^ ^"P'"'^™^ ^'""^'t ^"1^ Xo. 37, pa"t V, Forsyth v. Plammond, 166 U. S. 506; 41 L. Ed. 1095. First National Bank v. Chicago Title & Trust Co., 14 Am. B. R. 102; 198 U. S. 280; 49 L. Ed. 1051 ; 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 Appeals. Application must be made within a reasonable time. Return to the writ should be by the clerk under his hand and the seal of the court. Decided on briefs; oral argument not permitted. Effect of writ if granted is to remove the question to the Supreme Court. American Construction Co. v. Jacksonville, etc., 148 U. S. 372; 37 L. Ed. 486. Cases where writ has been held to lie and been granted. In re Watts, 10 Am. B. R. 113; 190 U. S. 1 ; 47 L. Ed. 933. Holden v. Stratton, 10 Am. B. R. 786; 191 U. S. 115; 48 L. Ed. 116. Right to apply for. In re Hudson River Electric Co., 25 Am. B. R. 873; 184 Fed. 970. " Judgments and decrees of Circuit Court of Appeals in all proceedings and cases arising under Bankruptcy Act and in all controversies arising in such proceedings and cases shall be ^nal, save only that it shall be competent for the Supreme Court to require by certiorari upon the petition of any party thereto that the proceeding, case or controversy be certified to it for review and determination with the same force and authority as if taken to that court by appeal or writ of error; petition to be presented therefor within three months from the date of such judgment or decree." "Above provision applies to all cases including those involving and requiring inter- pretation of State statutes and application of the Federal Constitution. Appeal from 221 Fed. 829 dismissed." Central Trust Co. of Illinois, Trustee v. Lueders (U. S. Sup.), 239 U. S. 11; 35 Am. B. R. 730. [For additional Forms of Practice in Certiorari Proceedings see Loveland, "Appel- late Jurisdiction ; " Foster's, " Federal Practice," 5th Ed. ; Rose's, Code of Civil Pro- cedure."] 658 FORMS IN BANKRUPTCY. FORM No. 386. NOTICE OF APPLICATION TO THE SUPREME COURT FOR "WRIT OF CERTIORARI. Ignited States Circuit Court of Appeals for the Circuit: ..., Plaintiff in Error (or Appellant) against ,Defendant in Error (Appellee) J Mr: Notice is hereby given that the defendant in error (or Appellee) will on ^londay, the day of , 19. ., upon his duly verified ])etition 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 certioraii removing this cause to said Supreme Couit of tlie I'nited States and that a copy of said petition and brief in support thereof, are herewith delivered to you. i)ated 19... Aiturneij for Defendant in Error {or Appellee). To Esq., Attorney for jilaintiff in Error (or Appellant). FORMS IN BANKRUPTCY. 659 FORM No. 387. MOTION FOR WRIT OF CERTIORARI FROM THE SUPREME 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 Circuit 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 660 FORMS IN BANKRUPTCY. FORM No. 388. WTIIT OF CERTIORARI FROM THE SUPREME COURT TO A CIRCUIT COURT OF APPEAIiS. The United States of America, ss: Tlie 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 court of the United States for the district of and we, being willing, for certain 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. [Seal.] Witness the Honorable , Chief Justice of the United States, the day of , in the year of our Lord one thousand nine hundred and . . . Clerk of the Supreme Court of the United States. FORMS IN BANKRUPTCY. 661 FORM No. 389. CERTIFICATE OF QUESTION OF JURISDICTION BY DISTRICT COURT TO SUPREME COURT. District Court of the United States, for the District of : In the Matter OF Banlrupf. The District Court of the United States for the District of hereby certifies to the Supreme Court of the United States, that on the day of , 19 . . ., a judgment was entered in the above entitled proceeding in accordance with the decision of said court dismissing said proceeding for want of jurisdiction. A copy of the petition, answer and transcript of the proceedings had herein, are contained in the case on appeal herein to which reference is had. And this court further certifies that in said proceeding the jurisdiction of this court is in issue and further certifies to the Supreme Court said question of jurisdiction as raised by the pleadings herein, namely, to \nt : Dated [Seal.] 19, United States District Judge. 662 FORMS IN BANKKUPTCY. FORM No. 390. CERTIFICATE OF QUESTION OF TaAW IN A BANKRUPTCY PROCEED- ING BY A CIRCUIT COURT OF APPEALS TO THE SUPREME COURT. The United States Circuit Court of Appeals, for the Circuit : Appellants, vs. Appellees. The Circuit Court of Appeals for the Circuit hereby certifies to the Supreme Court of the United States that : 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 fees for preparing such general assignment and for advice and services to be furnished and 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 l)y 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. FORMS IN BANKRUPTCY. 663 Third. The appellants filed a claim against the bankrupt estate for professional services rendered the bankrupt in preparing the said general assignment 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 (,'ourt, 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 he not entitled to priority and adjudged that none of the items constituted a debt, provaljle for any purpose against the bankrupt estate. From this judgment the appellants have appealed and assigned error. Upon this state of facts this court deesires 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- iion 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 bankruj^t 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 1)6 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 his employment in resisting an adjudication of involuntary bankruj^tcy 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 ? 664 FORMS IN BANKRUPTCY. 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. [Certificate of clerk attached.] NOTES. Act of March 3, 1891; 26 Stat, at L. 826. Bankruptcy Act, Sec. 25. Kaiidolph V. Scruggs (U. S. Sup.j, 10 Am. B. R. 1 ; 190 U. S. 533; 47 L. Ed. 1165. Right to certify. Power may be exercised by either judges of Circuit Court of Appeals, or district judge. If from District Court, the question certified must be after final judgment and a question of jurisdiction alone. Bardes v. First Nat. Bank of Hawarden. 3 Am. B. R. 680; 175 U. S. 526; 44 L. Ed. 261. First Nat Bank v. Klug, S Am. B. R. 12; 186 U. iS. 202; 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, VanWagenen v. Sewall, 160 U. S. 369; 40 L. Ed. 460. Maynard v. Hecht, 151 U. S. 324; 38 L. Ed. 179. McLish v. Roff, 141 U. S. 661; 35 L. Ed. 893. If from Circuit Court of Appeals, any question on which the court desires instruc- tion may be certified. Such certificate brings up only questions of law. Cross v. Evans, 167 U. S. 60; 42 L. Ed. 77. Geo. M. West Co. v. Lea Bros. & Co., 2 Am. B. R. 463; 174 U. S. 590; 43 L. Ed- 1098. Bardes v. First Nat. Bank, etc. (supra). [Ed. Note]. In latter form of certification, no appeal, writ of error or appellate process is required. In this it differs from certification of jurisdictional question by district judge. THE BANKRUPTCY ACT OF 1898 WITH AMENDMENTS OF 1903, 1906 AND 1910. Ax Act to Establish a Uniform System of Bankruptcy Throughout the United States. Approved July 1, 1898; Amendments Approved Feg. 5, 1903; June 15, 1906 and June 25, 1910. £e 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" shalt 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 [665] 666 THE BANKKUPTCY 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 parti n;]^ with property, or the possession THE BANKRUPTCY ACT OF 1898. 667 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. 668 THE BANKRUPTCY ACT OF 1898. CHAPTEE 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 tlie Indian Territory and the District of Alaska, are hereby made courts of bankruptc}', and are hereby invested, Mathin 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. 669 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; (13) 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 tlie provisions of this act; (1.6) 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 tvitliin their respective territorial limits in aid of a receiver or trustee appointed in any hanhruptcy proceedings pending in any other court of hanl-ruptcy. ■ 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. 670 THE BANKRUPTCY ACT OF 1808. CHAPTER III. BANKRUPTS. § 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 cot, 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. 671 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 hanlcing corpora- tion, shall be entitled to the benefits of this Act as a voluntary bankrupt. b Any natural person, except a ivage-earner or a person engaged chief y in farming or the tillage of the soil, any unincorporated company, and am/ 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 lavrs of a State or Territory 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 672 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 j^roperty of the several estates. li In the event of one or more but not all of the members of a partnership being adjudged bankrupt, the j^artnership 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. § G. Exemptions of Bankrupts. a This act shall not aifect 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, showing 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 due 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 the 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 tlie THE BANKRUPTCY ACT OF 1898. 673 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 affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him 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. § 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 become 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. 674 THE BANKRUPTCY ACT OF 1898. § 10. Extradition of Bankrupts. a Whenever a warrant for the apprehension of a bankn;pt 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 w^hich 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 bo 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. & 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, -when Confirmed. a A bankrupt may offer, 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 tJie 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 whetlier such composition shall be confirmed. b 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 claims have been allowed, wliicli number must represent a majority in amount of such claims, and the con- sideration to be paid by the bankrupt to his creditors, and tlie 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. 675 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. Compositions, -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 tiie 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- ])osition. § 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 unavoidal)ly prevented from filing it witliin such time, it may be filed within but not after the expiration of the next six months. 1) The judge shall hear the application for a discharge and such proofs and pleas as may he made in opposition thereto by the trustee or other parties in inferest, at such time as tvill give the trustee or parties in interest a reasonahJe 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) t:ith intent to conceal his financial condition, destroyed, concealed, or failed to keep hooks of account or records from which such condition might be ascertained; or (3) obtained money or property on credit upon a materially false statement in wriling, 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 months immediately preceding the filing of the petition transferred, removed, destroyed, or concealed, or permitted to he 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 any lawful order of, or to answer any material question approved by the court: 676 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, -when 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. g 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 t>.e 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 OP 1898. 677 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. & 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. 678 THE BANKKUPTCY 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. 6 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. g 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. h 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 effect 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. 679 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. I 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. § 23. 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 Avill be served thereby, or for cause, or if the bankrupt does not do business, reside, or have his domicile in the district. 1) The judge may, at any time, for the convenience of parties or for cause, transfer a case from one referee to another. g 23. Jurisdiction of United States and State Courts. a The United States circuit courts shall have jurisdiction of all controversies at law and in etiuity. 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 ]iroceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants. /; 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 brouglil or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of pio])erty under section sixty. sub(li\ision b; section sixty-seven, subdivision e; and section seveniij : 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 Ignited States, the circuit courts of appeals of the T'nited States, and the supreme courts of the Territories, in vacation ia 680 THE BANKEUPTCY 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 which 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. b 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 proceeding-? 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. b 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 TTnited 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. Pa.n> ()SI). bottom of page, insert as follows: S( 25b, :;":;";:; ;;!rs: '::. ': si; ;;■ ,,. «„. ..4. .„ ... v..,.,,, ,.,.e„.,„ see. THE BANKRUPTCY ACT OP 1898. 681 & 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, proxy, 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 682 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. § 30. 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. § 32. Transfer of Cases. a In the event i)etitions 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 BANKRUPTCY ACT OF 1898. 683 CHAPTER Y. OFFICERS, THEIR DUTIES AND COMPENSATIONS. § 33. Creation of Two Officers. 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 two 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. § 3.3 Oaths of Office 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 684 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 conceriyng 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. 685 § 40. Compensation of Referees. a Kel'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 have 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 jnd^e shall determine the proportion in which the fee and commissions therefor 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 lawful 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 il: 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. § 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. & 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 ease. c The book or books containing a record of the proceedings shall, when 686 THE BANKRUPTCY ACT OP 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 reoi)ened, 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 (3) 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. ^ 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 wliich they are trustees, under the direction of tlie 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 c7istody of the bankruptcy court, shall he 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) Pepo<^it all money received by them in one of the designated depositories; (4) disburse money THE BANKRUPTCY ACT OF 1898. 687 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. 6 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. Compensation 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 motleys 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 be paid the creditors on such composition. h Tn the event of an estate beinof 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. 688 THE BANKKUPTCY ACT OF 1898. c The court may, in its discretion, withhold all compensation from any trustee 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 way 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 afierivards realized by the Irustees from property turned over in hind by them to the trustees, as the court may allow, 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 hind 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 tJiis Act, the court maji allow such officers additional compensation for such services by ivay 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 turyied over in hind 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 fire hundred dollars and less Ihan 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 he paid creditors on such composition: Provided further, That before the allow- ance of compensation notice of application therefor, specifying the amount ashed, shall be given to creditors in the maniier indicated in section fifty-eight of this Act. % 49. 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 OP 1898. 689 ^ 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, viith such sureties as shall be approved by such courts, conditioned for the faithful performance of their official duties. h 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. li 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. % 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. y Joint trustees may give joint or several bonds. ^' 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. / 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. 690 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 whicli 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. f^ 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 BANKRUPTCY ACT OF 1898. 691 CHAPTER VI. CREDITORS. § 55. Meetings of Creditors. a The 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. 6 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 ])ertiuent 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, wliich number represents a majority in amoujit 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. f 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. h Creditors holding claims which are secured or have priority shall not. 692 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 Allo-wance 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 and 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. 693 may do so in the creditor's name, and if he discharge such undertaking in whole or in part he shall be 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 hankrupt, or as after- ivards filed with the papers in the case hy the creditors, unless they waive notice in writing, of (1) all eo:aminations of the bankrupt; (2) all healings 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 iiine when and the place ivhere they ivill be examined and passed upon: (7) the proposed compromise of any controversy ; (8) the proposed dismissal of the proceedings, and (9) there shall be thirty days' notice of all applications for the discharge of bankrupts. b 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 m.eeting. 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 person may file a petition to be adjudged a voluntary bankrupt. 694 THE BANKRUPTCY ACT OF 1898. I) Three or more creJitors 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 bankrupt 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 reasonable time to allow all creditors and parties in interest opportunity to be 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 suffered 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 OF 1898. 695 months after the date of the recording or registering of the transfer, if by law- such recording or registering is required. h If a bankrupt shall have procured or suffered a judgment to he 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 montlis before the filing of the peti- tion in bankruptcy or after the filing thereof and before the ad judication, 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 ivould 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 ivhich would have had jurisdiction if bankruptcy Jiad not intervened, shall have concurrent jurisdiction. c If a creditor has been preferred, and afterwards in good faitli 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. d 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 bo 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. 696 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. § G2. Eicpenses of Administering Estates. a The actual and necessar\- 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 w^hich 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 liim,. 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 against his estate. THE BANKRUPTCY ACT OF 1898. 697 § 64. Debts -which 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 iu 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 thereof, 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 and 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 the banki'upt 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 eases 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. h 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 debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Dividends subsequent to the first shall be declared upon like terms as the first and as often as the amount shall equal ten per centum or more and upon closing the estate. Dividends may be declared oftener and in smaller proportions if the 1 Amended by act of 1906, approved June 15. 698 THE BANKRUPTCY ACT OF 1898. judge shall so order: Provided, That the first dividend shall not include more than fifty per centum of the money of the estate in excess of the amount necessary to pay the dehts which have priority and such claims as probably will be allowed: And provided further. That the final dividend shall not be declared within three months after the first dividend shall be declared. c The rights of creditors who have received dividends, or in whose favor final dividends have been declared, shall not be affected by the proof and allow- ance of claims subsequent to the date of such payment or declarations of dividends ; but the creditors proving and securing the allowance of such claims shall be paid dividends equal in amount to those already received by the other creditors if the estate equals so much before such other creditors are paid any further dividends. d Whenever a person shall have been adjudged a bankrupt by a court without the United States and also by a court of bankruptcy, creditors residing within the United States shall first be paid a dividend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in such court shall be paid any amounts. e A claimant shall not be entitled to collect from a bankrupt estate any greater amount than shall accrue pursuant to the provisions of this act. ^ 66. Unclaimed Dividends. a Dividends which remain unclaimed for six months after the final dividend has been declared shall be paid by the trustee into court. h Dividends remaining unclaimed for one year shall, under the direction of the court, be distributed to the creditors whose claims have been allowed but not paid in full, and after such claims have been paid in full the balance shall be paid to the bankrupt: Provided, That in case unclaimed dividends belong to minors such minors may have one year after arriving at majority to claim such dividends. ^ 67. Liens. a Claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. b Whenever a creditor is prevented from enforcing his rights as against a lien created, or attempted to be created, by his debtor, who afterwards becomes a bankrupt, the trustee of the estate of such bankrupt shall be subrogated to and may enforce such rights of such creditor for the benefit of the estate. c A lien created by or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or a judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy by or against such person shall be dissolved by the adjudication of such person to be a bankrupt if (1) it appears that said lien was obtained and permitted while the defendant was insolvent and that its existence and enforcement will work a preference, or (2) the party or parties THE BANKRUPTCY ACT OF 1898. 699 to be benefited thereby had reasonable cause to believe the defendant was in- solvent and in contemplation of bankruptcy, or (3) that such lien was sought and permitted in fraud of the provisions of this act; or if the dissolution of such lien would militate against the best interests of the estate of such person the same shall not be dissolved, but the trustee of the estate of such person, for the benefit of the estate, shall be subrogated to the rights of the holder of such lien and empowered to perfect and enforce the same in his name as trustee with like force and effect as such holder might have done had not bankruptcy proceedings intervened. d Liens given or accepted in good faith and not in contemplation of or in fraud upon this Act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall, to the extent of such present consideration only, not he affected by this Act. e That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bank- rupt under the provisions of this act subsequent to the passage of this act and within four months prior to the filing of the petition, with the intent and pur- pose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to pur- chasers in good faith and for a present fair consideration ; and all property of the debtor conveyed, transferred, assigned, or encumbered as aforesaid shall, if he be adjudged a bankrupt, and the same is not exempt from execution and liability for debts by the law of his domicile, be and remain a part of the assets and estate of the bankrupt and shall pass to his said trustee, whose duty it shall be to recover and reclaim the same by legal proceedings or otherwise for the benefit of the creditors. And all conveyances, transfers, or incumbrances of his property made by a debtor at any time within four months prior to tho filing of the petition against him, and while insolvent, which are held null and void as against the creditors of such debtor by the laws of the State, Territory, or District in which such property is situate, shall be deemed null and void under this act against the creditors of such debtor if he be adjudged a bank- rupt, and such property shall pass to the assignee and be by him reclaimed and recovered for the benefit of the creditors of the bankrupt. For the pur- pose of such recovery any court of bankruptcy as hereinbefore defined, and any State court which would have had jurisdiction if bankruptcy had not in- tervened, shall have concurrent jurisdiction. / That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment or other lien 700 THE BANKRUPTCY ACT OF 1898. shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid.. And the court may order such conveyance as shall be necessary to carry the purposes of this section into effect: Provided, That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide purchaser for value who shall have acquired the same without notice or reasonable cause for inquiry. § 68. Set-offs and Counterclaims. a In all cases of mutual debts or mutual creditors between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid. & A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate; or (2) was pur- chased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy. § 69. Possession of Property. a A judge may, upon satisfactory proof, by affidavit, that a bankrupt against whom an involuntary petition has been filed and is pending has committed an act of bankruptcy, or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deteriorating or is. about thereby to deteriorate in value issue a warrant to the marshal to seize and hold it subject to further orders. Before such warrant is issued the petitioners applying therefor shall enter into a bond in such an amount as the judge shall fix, with such sureties as he shall approve, conditioned to indemnify such bankrupt for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained. Such property shall be released,. if such bankrupt shall give bond in a sum which shall be fixed by the judge,, with such sureties as he shall approve, conditioned to turn over such property,. or pay the value thereof in money to the trustee, in the event he is adjudged a bankrupt pursuant to such petition. § 70. Title to Property. a The trustee of the estate of a bankrupt, upon his appointment and qualifi- cation, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification shall in turn be vested by operation of lav/ with the title of the bankrupt, as of the date he was adjudged a bankrupt,, except in so far as it is to property which is exempt, to all (1) documents relating to his property; (2) interests in patents, patent rights, copyrights, and trade-marks; (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; (4) prop- THE BANKRUPTCY ACT OF 1898. 701 erty transferred by him in fraud of his creditors; (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him: Provided, That when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal repre- sentatives, he may, within thirty days after the cash surrender value has Ijeen ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors par- ticipating in the distribution of his estate under the bankruptcy proceed- ings, otherwise the policy shall pass to the trustee as assets; and (6) rights of action arising upon contracts or from the unlawful taking or detention of, or injury to, his property. h All real and personal property belonging to bankrupt estates shall be appraised by three disinterested appraisers; they shall be appointed by, and report to, the court. Eeal and personal property shall, when practicable, be sold subject to the approval of the court; it shall not be sold otherwise than subject to the approval of the court for less than seventy-five per centum of its appraised value. c The title to property of a bankrupt estate which has been sold, as herein provided, shall be conveyed to the purchaser by the trustee. d Whenever a composition shall be set aside, or discharge revoked, the trustee shall, upon his appointment and qualification, be vested as herein provided with the title to all of the property of the bankrupt as of the date of the final decree setting aside the composition or revoking the discharge. e The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication. Such property may be recovered or its value collected from whoever may have received it, except a bona fide holder for value. For the purpose of such recovery any court of bankruptcy as hereinbefore defined, and any State court which would have had jurisdiction if bank- ruptcy had not intervened, shall have concurrent jurisdiction. / ITpon the confirmation of a composition offered by a bankrupt, the title to his jiroperty shall thereupon revest in him. §71. That the clerks of the several district courts of the United States shall prepare and keep in their respective offices complete and convenient indexes of all petitions and discharges in bankruptcy heretofore or hereafter filed in the said courts, and shall, when requested so to do, issue certificates of search certifying as to whether or not any such petitions or discharges have been filed; and said clerks shall be entitled to receive for such certifi- cates the same fees as now allowed by law for certificates as to judgments 702 THE BANKRUPTCY ACT OF 1898. ill said courts: Provided, That said bankruptcy indexes and dockets, shall at all times be open to inspection and examination by all persons or corpo- lations without any fee or charge therefor. §72. lliat neither the referee, receiver, marshal, nor trustee shall in any form or guise receive, nor shall the court allow him, any other or further compensation for his services than that expressly authorized and prescribed in this Act, THE TIME 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, however, 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 follow^s. §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 follovrs. §14. That the provisions of this amendatory Act shall not apply to hanJcruptcy cases pending when this Act takes effect, hut such cases shall he adjudicated and disposed of conformahly 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 673 Absence of referee, effect of 686 Acceptance of composition by creditors, when necessary 674 Accounts by clerks in bankruptcy proceedings 690 of insolvent partnership 671 trustees 686 notice to creditors of filing 693 Acts of bankruptcy, in what to consist 670 Additional compensation to officers 668 parties in bankruptcy proceedings 668 property of bankrupt, application of 697 Adjudication of property, definition of 665 provisions as to , 677 on default of pleadings 677 decree to be filed where real estate is situated 687 Administration of oaths and affirmations 678 Admission of insolvency, effect of 66B Affidavits for arrest of bankrupt 673 Affirmation, when taken instead of oath 678 who may take 678 Allowance, etc., of claims against bankrupts 668 of secured creditor 692 provision as to 692 preferred claims 692 set-oflFs and counterclaims 700 State, county, etc., debts 693 Amendments to act, effect of 702 Amount of dividend to be collected 698 referee's bond 689 trustee's bond 689 Answer, averments in, as to number of creditors 694 in bankruptcy proceedings, provisions as to 677 Appeal, bond of trustee not required on 580 in bankruptcy proceedings, when allowed 580 time for taking 580 Appearance of creditors after filing of petition 694 Appellate courts, definition of 665 jurisdiction of 679 Application for confirmation of composition, filing, etc., of 674 discharge, filing, etc., of 675 of additional property of bankrupt '. 698 Appointment of receivers of bankrupt estates 668 referees 683 trustees 669, 686 [703] 704 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Apportionment of compensation among referees 685 Appraisal of bankrupt's property 701 Appropriation of proceeds of insolvent partnership property 671 Approval by court of compromise 681 of expenses in administering bankrupt estates 696 Arbitration of controversies 680 Arrest of bankrupts 673 Attendance of witnesses 678 Attorney, etc., transfers in contemplation of insolvency to 695 general, duties of 690 to receive statistical information, etc 690 Averments in petition as to number of creditors 694 Avoidance of bankrupt's acts by trustee 701 B. Bail of bankrupt, about to depart 673 Banking institutions as depositories for moneys, etc 693 Bankrupt, death or insanity of 673 definition of 665 duties of 672 effect of discharge on co-debtors of 676 exemption of, under State law 672 extradition of 669, 674 protection and detention of 673 suits by and against 674 trial, etc., of 668 who may become 671 estate, allowance of claims against 668 collection of 668 proof, etc., of claims of 692 Bankruptcy, definition of commencement of 666 of certain members of a partnership 671 what acts to constitute 670 Banks not to be adjudged bankrupt 671 Bond of banking institutions, acting as depositories 696 in insolvency proceedings 671 of referees 689 on release of bankrupt's property 700 suits on, when to be brought 689 Bond by trustees, provisions as to 689 not required on appeal 680 on warrant for seiziire of bankrupt's property 700 Books, etc., in insolvency proceedings 670 Burden of proof in bankruptcy proceedings 670 C. Cash surrender value of policy, payment of 700 Charge of bankrupt estate 668, 671 Certification of controversies to perfect appeal, etc 681 facts, constituting contempt 685 records, kept by referees 685, 68^ Certified copies of proceedings, to be evidence, etc G7S INDEX TO BANKRUPTCY ACT OF 1898. 705 PAGE Certiorari in bankruptcy proceeding3 680 Cluldren of bankrupts, rights of G73 Circuit courts, jurisdiction of 679 appellate jurisdiction of 670 Claims against bankrupts, allowance of 668 of bankrupt estates, presentation, etc., of 603 proof and allowance of 602 of secured creditors 602 subsequent to declaration of dividends 608 time for presentation of 603 Clerks, compensation of, etc 600, 701 duties of 600 definition of 665 to keep indexes of banlcruptcy matters 701, 702 may order reference 677 Closing bankrupt estates 668 Co-debtors of bankrupt 676 Collection of bankrupt estates 668 fees for clerks 600 moneys by trustees 686 Commencement of proceedings, definition of 0(56 Compensation of clerks 600, 701 marshals 600 officers 668 referees 685, 702 stenographers employed by referees 684 trustees 687, 688, 702 Composition, confirmation and rejection of 668 Compromise of controversies by trustees 680 notice to creditors of 603 Computation of time 682 Computing number of creditors 682 time for filing petition 670 Conceal, definition of 666 of property by bankrupt, punishment for 681 Concurrent jurisdiction of circuit courts 670 Confirmation of composition 668, 674 Consent for selecting arbitrators 680 when not to cause dismissal of petition 694 Consolidation of cases in bankruptcy 682 Construction of court powers 669 words and phrases 665, 666, 667 Contempt, arrest of bankrupt for 673 manner of punishment for 685 summary hearing on 685 before referee, what to constitute 685 Contents of records kept by referees 672 schedules of property 602 statement in proof of claim 600 statistical tables furnished by Attorney-General 668 Continuance of bankrupt's business GSO 706 INDEX TO BANKRUPTCY ACT OF 1898. PACiK Controversies, arbitration of 680 compromise by trustees of 680 in law and equity, jurisdiction over 680 Consular officers, may administer oaths, etc 678 Conveyance of bankru^jt's property, trustee to execute 701 with intent to defraud 670 Corporations, definition of 665 may act as sureties on bonds 680 when to be adjudged bankrupt 671 bankrupt, liability of stockholders 671 may act as trustees 686 Costs allowed against bankrupt estate 696 in insolvency proceedings 671 of administration 697 preserving estate 697 taxation of 669 Counterclaims, allowance of 70(1 Courts, definition of 66() of bankruptcy, definition of 666 creation of 66S to designate newspapers, etc 681 may call meetings of creditors 691 Credit given by preferred creditor 695 Creditors, definition of 666 meetings of, provisions as to 69 1 notice to, when given 69."] of foreign bankrupt 698 related to bankrupts 694 when may file petitions 694 Custody of bankrupt about to depart 673 D. Damages for seizure, etc., in ])ankruptcy 671, 700 Date of bankruptcy, definition of 666 creditors' meetings 691 Deafh of bankrupt, effect of 673 trustees, effect of 686 Debts allowed against estate of bankrupt 696 definition of 666 created by fraud 676 not scheduled, effect of 676 of United States, etc., allowance of 693 when not affected by discharge 676 having priority, enumeration of 697 Declaration of dividends on claims 697 Defense to bankruptcy proceedings 670 by trustee of actions against bankrupts 674 Definitions 665, 666, 667 Denial of insolvency allegations, effect of 670 Departure of bankrupt, as cause for detention 673 Deposit of moneys by trustees 6S& Depositions, determination of right to take 678 INDEX TO BANKRUPTCY ACT OF 1898. 707 PAGE Depositories of moneys for bankrupt estates 69G Designation of depositories for estates, etc CiJO newspapers for publication of notices (iSl Detention of bankrupts 673 Determination of issues in bankruptcy 677 right to trial by jury 077, 67S securities held by creditors 692 Diplomatic ollicers may administer oaths, etc 678 Disability of referees, effect of 686 Disbursement of moneys by trustees 686 Discharge of bankrupts, provisions as to 676 definition of 666 when debts not affected by 676 to release bankrupt from debts 676 refusal or revocation of 676 Dismissal of bankruptcy proceedings 668 of petition, provisions as to 694 notice to creditors of 693 Disobedience to orders of referees, effect of 685 Dissolution of liens against bankrupt's property 698 Distribution of bankrupt estates 668 consideration of composition 675 unclaimed dividends 69S Dividend to creditors of foreign bankrupt 698 disposition of unclaimed 698 not affected by subsequent claims 698 payment of, by trustees 687 provisions as to declaration and payment of 697 on reconsidered claims, recovery of 693 Document, definition of 666 Dower right of bankrupt's widow 673 Duties of Attorney-General 690 bankrupts 672 clerks in bankruptcy proceedings 690 creditors at meetings 691 officers 683 referees, enumeration of 684 trustees 686 E. Effect of certified copies of proceedings as evidence 678 confirmation of composition 675 discharge on co-debtor's of bankrupt 676 time when provisions of bankruptcy act to go into 702 amendments to act 702 Enforcing provisions of bankruptcy law 600 Equity suits, process, etc., in, to apply to bankruptcy proceedings 677 Evidence of certified copies of proceedings 678 debt to be filed with proof of claim (?92 jurisdiction, what to constitute 679 order approving bond of trustee, effect of 679 preserved by referees 684 708 INDEX TO BANKEUPTCY ACT OF 1898. PAGE Examination of bankrupt 668, 673 notice of 693 wife of bankrupt 678 expenses in administering bankrupt estates 696 proof of claims by bankrupt 672 Execution of papers, etc., by bankrupt 672 Exemption from arrest of bankrupt 673 Exemptions of bankrupt, determination of 669 under State laws 672 Expenses of administering bankrupt estates 696 insolvent partnership, how paid 671 recovering property, prior debt 697 Extortion, punishment for 681 Extradition of bankrupt, when made 6G9, 674 F. Failure to give bond by trustee or referee 689 prove claim, effect of 692 False claims, information by bankrupt as to 669 punishment for presentation of 681 oath, punishment for making 681 Farmers not to be adjudged involuntary bankrupts 671 Fees, priority in payment of 697 in bankruptcy proceedings 685, 687, 690 of bankrupt attending examination, etc 673 Filing findings of arbitrators 681 notice to take depositions 678 petitions, who entitled to 693 proof of claim 692 Final meeting of creditors, when held 691 Finding of arbitrators, effect, etc., of 681 etc., of referees 669 Foreign counties, dividend of bankrupt in C9S Forms of procedure, Supreme Court to prescribe 682 Fraud, debts created by, not affected by discharge 676 in obtaining discharge, effect of 676 to vitiate composition 675 G. General assignment, etc., effect of 670 reference, when ordered 677, 679 Granting of discharge 675 H. Hearing on application to confirm composition 674 discharge, provisions as to 675, 676 bankrupt to attend 672 on filing volimtary petition 677 on notice to creditors 6^3 of objections to allowance of claims 692 Holiday, definition of 666 INDEX TO BANKRUPTCY ACT OF 1898. 7Q9 I. PAGE Indexes to be kept by clerks 701, 702 Indictment for oflfenses, limitation of time, as to 6S2 Infant's claims, time for presentation of 693 Information to be given by bankrupt 672 of offenses, limitation of time for 6S2 Insane persons, time for presentation of claims of 693 Insanity of bankrupt, effect of 673 Insolvency proceedings under State laws not affected, etc 702 question of, when tried by jury 677 Insolvent person, definition of 666 Insurance policies, title to 701 Interest in patents, etc., to vest in trustees 700 Involuntary petition, jury trial on filing of 677 J, Joining creditors after filing petition 694 Joint trustees, bonds of 689 Judges, definition of 666 duties at creditors' meeting 691 Judgments, when deemed preference 695 Jurisdiction of appellate courts 679 of courts of bankruptcy 668 evidence of, what constitutes 67S of referees 683 of Supreme Court 679 over insolvent partners, etc 671 of State courts 679, 695 of United States courts 679, 695 Jury trials, who entitled to 677 L. Liabilities not affected by discharge 676 Liability of trustees on bonds 689 Liens against bankrupt's property, provisions as to 698, 699 to defraud creditors, validity of 699 through legal proceedings 699 recorded, not affected by bankruptcy 699 Limitation of actions on bonds 689 against trustees 674 bankrupt's examination 673 indictment for offenses, etc 681 time for presentation of claims 693 List of creditors, when filed 694 M. Planner of bankrupt's extradition 674 voting at ci'editors' meeting 691 Marshaling assets of insolvent partnership 671, 672 Marshals of bankrupt's estates, appointment of 66S compensation of 690 Masculine gender, construction of 667 Meaning of words and phrases 665, 666, 667 710 INDEX TO BANKRUPTCY ACT OF 1898. PAGE Meeting of creditors, bankrupt to attend 672 notice of 69 J provisions as to 691 voters at 691 Minors, unclaimed dividends of 698 Misbehavior on hearing before referees 6S5 N. Newspapers, designation of, for publication of notices 681 Notices to creditors, when given 693 Notice to creditors, by referees 693 publication of 693 designation of newspapers for publication of 681 of taking depositions 678 on failure of personal service of petition 677 Number of creditors vrho may file petition 693, 6D4: of referees 683 0. Oath, definition of 666 of office of referees 683 who may administer 67S Objections to allowance of claim 692 Olt'enses, concurrent jurisdiction of circuit courts over 679 enumeration and punishment of 68 1 Oft'er of composition, when made 674 Officers authorized to administer oaths, etc 678 definition of 6613 in bankruptcy, duties, etc., of 684, 686, 690 of the United States, not to act as referees 683 Orders approving bond of trustee, as evidence, etc 679 confirming, etc., composition 674 of court, bankrupt to comply with 672 as to procedure. Supreme Court to prescribe 682 transferring cases in bankruptcy 682 P. Partners, when to be adjudged bankrupt 671 Payment in contemplation of insolvency, validity of 69.5 of dividends on claims 697 notice to creditors of 693 of taxes, priority of 697 of unclaimed dividends 698 Pendency of petition, notice to creditors of 694 Persons, definition of 66(5 Petition, definition of 6()l> to be filed in duplicate 694 who may file, etc 693 against insolvent persons, filing of 67') Place of creditors' meetings 69 1 Pleadings in bankruptcy proceedings 677 Plural number, construction of 667 INDEX TO BANKRUPTCY ACT OF 1898. 711 PAGE Possession of bankrupt's property 701) wliat deemed 694 Preferred claims, allowance of 092 creditors giving further credit 695 provisions as to 694 Presentation of claims, time for 093, 095 false claims, punishment for 681 Procedure in courts of bankruptcy 677 Process in bankruptcy proceedings 677 Production of documents before referees 085 Proof of claim, in insolvent partnerships 672 of what to consist 692 solvency, burden of 670 Property of bankrupt 668 Prosecution of actions by trustees 674 want of, not to cause dismissal, etc 694 Protection of bankrupts 673 Publication of notices, to creditors 693 provisions as to 677 designation of newspapers for 681 Punishment of bankrupts 668 for contempt, manner of 685 for offenses, period and enumeration 681 Q. Qualifications of referees 683 trustees 68i) Question of insolvency, when tried by jury 677 R. Real estate, adjudication to be filed where situated 687 Receiver, application for, as act of bankruptcy 670 appointment of, as act of bankruptcy 670 of bankrupt estates, appointment of 068 Reconsideration of allowed claims 693 Records of referees, contents of 685 duties as to 685 Recovery of dividends on reconsidered claims 693 property given to attorneys, etc 695 transferred with intent of preference 094, 095 expenses of 697 Re-examination of transfers to attorneys, etc 695 Referees, absence or disability of 0S6 administration of oaths by 678 appointment, etc., of 683, 685 bonds of 689 compensation of 702 contempts, before 685 definition of 668 duties of 684 at creditors' meeting 691 712 INDEX TO BANKRUPTCY ACT OF 1898. Referees — Contin ued : page interested in bankrupt's estate 684 jurisdiction of 683 notice to creditors by 684, 693 number of 683 oath of ollice by 683 offenses, punishment of 681, 685 payment of fees to 685 not to practice as attorneys, etc 684 qualifications of 683 records, contents, etc., of 685 not to be related to judges, etc 683 residence of 683 Reference of cases, after adjudication 677 when may be rendered 677 Refusal of discharge in bankruptcy 676 Regularity of proceedings, evidence of 679 Rejection of composition 668, 675 Removal of referees 683 trustees 686 Reports of expenses in administering bankrupt's estates 696 by trustees 687 Request for call of creditors' meeting 691 Residence, etc., of persons adjudged bankrupt 668 referees 683 Return of petition 677 Revesting of title in bankrupt 701 Revocation of discharge of bankrupt 676 Right to jury trial, determination of 678 Rules of procedure, Supreme Court to prescribe 682 S. Sale of bankrupt's property 701 notice of 693 Schedule of bankrupt's property 672 duty of referee as to 684 Secured creditors, definition of 666 Securities held by creditors, determination of 692 Seizure of bankrupt property under warrant 700 Selection of arbitrators in controversies 681 Service of notice to take depositions 678 petition for involuntary bankruptcy 677 Set-oflFs, when allowed 700 of credit given by preferred creditors 695 Singular number, construction of 667 Special reference, when ordered 679 State, definition of 666 court, arrest under order of 6/3 jurisdiction of " ' debts, payment of "^"^ law, insolvency proceedings under ' ^^ exemptions under " ' " INDEX TO BANKRUPTCY ACT OF 1898. 713 PAGE Statement of administration by trustees 687 in proof of claim, contents of 692 Statistics of bankruptcy proceedings by officers, etc 690 Statistical tables furnished by Attorney -General 690 Stay of action by or against bankrupts 674 Stenographers employed by referees 684 Stockholders of bankrupt corporation, liability of 671 Submission of controversies for arbitration 680 Subpoena to be served with petition 677 Subrogation of trustee to rights of lienor 698 Suits by and against bankrupts 674 trustees 674, 679 on referee's bond 689 on trustee's bond 689 Summary hearing for contempts 685 Summoning of special jury 678 Supreme Court, jurisdiction of 679 to prescribe rules of procedure 682 Sureties on referee's or trustee's bonds 689 corporations may act as 689 number of 689 Surplus of insolvent partnership, application of 672 T. Taxation of costs 669 Taxes not to be affected by discharge of bankrvipt 676 priority in payment of 697 Terms of referee's office 683 in declaring dividends 697 Time for bringing actions on bonds 689 taking appeals, etc 680 Time of bankruptcy, definition of 666 computation of , 682 of creditors' meetings 691 of declaration of dividends 697 , for filing accounts by trustees 687 Time for filing petition in insolvency proceedings 670 referee's bond 689 trustee's bond 689 making reports by trustees 687 giving notice to creditors 693 paying dividends 687 unclaimed dividends 698 to plead 677 for presentation of claims 693 provisions of bankruptcy act taking effect 702 publication of notices to creditors 693 return of petition 677 Title to bankrupt's property 700 revesting of 678 evidence of 679 I 714 INDEX TO BANKKUPTCY ACT OF 1898. PAGE Transfer, definition of 666 in contemplation of insolvency 695 of cases 669, 682 from referees 679 to be executed by bankrupts 672 ■when deemed preference 670, 694, 695 voidable 69.5 Trial, etc., of bankrupts 668 Trustees, appointment of 669, 686 bonds of 689 compensation of 687, 688, 702 compromise of controversies of 681 death or removal of 686 definition of 667 defense by, of actions against bankrujits 674 duties of, enumerated 686 offenses by, punishment of 68 1 prosecution of bankrupt's actions by 674 of insolvent partnership 671 qualifications of 686 to have title to bankrupt property 700 validity of acts of 687 U. Umpire in arbitration of controversies 681 Unclaimed dividends, disposition of 698 V. Vacancy by failure to give bonds 689 in office of referees, filing of 686 Validity of transfers, etc., in contemplation of insolvency 60S, 699 Value of sureties' property 689 Verification of pleadings 677 Voidable transfers with intent of preference 688, 695 Void, liens to defraud creditors to be 699 Voters at creditors' meetings 691 W. Wage-earner, definition of 667, 697 not to be adjudged involuntary Imnkrupt 671 Wages, priority in pajonent of 697 Waiver of jury trial, what to constitute 678 Warrant for seizure of bankrupt's property 700 on departure of bankrupt 673 Widows of bankrupts, rights of 673 Wife of bankrupt, examination of 678 Writs of error, when allowed 680 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 l)y 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 "xVn act to establish a uniform system of bankruptcy throughout the United States, it is ordered, on this 28th day of Xovember, 1898, that the following rules he adopted and established as general orders in bankrujjtc}', 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 daj', in accordance with the act last aforesaid, and being in substantial conformity 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 an}^ 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 law: § 30. To the General Orders: XXXVII, XXXVIII. To the Equity Rules: LXXIX. (See, also. Revised Statutes, §§ 913, 914.) ILLUSTRAXrVE CASES. The General Orders were only intended to execute the Act, not to add to its pro- visions. West Co. v. Lea, 2 Am. B. R. 463: 174 U. S. 590; 43 L. Ed. 1098. In re Cobb, 7 Am. B. R. 202; 112 Fed. 655. In re Ingalls Bros., 13 Am. B. R. 512; 137 Fed. 517; 70 C. C. A. 101; rev'd, Orcutt Co. v. Green (U. S. Sup.), 17 Am. B. R. 72; 204 U. S. 96; 51 L. Ed. 390. In re City Contracting & Bldg. Co., 30 Am. B. R. 133. 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 refei-ec, and of the transmission by him to [715] i 716 GENERAL ORDERS IN BANKRUPTCY. the clerk of his certified record of the proceedings, with the dates thereof, and 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 law: As to commencement of proceedings, § 1 (10) ; As to duties of the cleric, §§ 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 sul)poenas shall issue out of the court, under the seal thereof, 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 law: 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. 2d Cir.), 13 Am. B. R. 11; 134 Fed. 51; 67 C. C. A. 161. 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 law: 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; As to petitions against corporations, § 4-b; As to where petitions must GENERAL ORDERS IN BANKRUPTCY. 717 be filed, § 2 (1); As to appearances, §§ 18-b, 59-f; As to answer and other pleas, §§ 18-d, 59; As to notices, § 58. To the General Orders: VI, VIII, IX, XXIII. To the Equity Rules: IV, XVI, 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; 104 Fed. 982. In re Herzikopf, 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. De Sota, etc., Mining Co. (C. C. A.), 14 Am. B. R. 252; 136 Fed. 407; 69 C. C. A. 251. In re Blankfein, 3 Am. B. R. 165; 97 Fvd. 191. L. Meisel & Co. v. Nat. Jewelers' Board of Trade (N. Y. App. Tr.), 90 Misc. (N. y.) 19. V. Frame of Petitions. All petitions and the schedules filed therewith shall be printed or written out plainly, Avithout abbreviation or interlineation, except where such al)brevia- tion and interlineation may be for the purpose of reference. Cross references: To the law: 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: XVIII to XXV. ILLUSTRATIVE CASES. Mahoney v. Ward, 3 Am. B. R. 770i; lOO Fed. 278. Liesum v. Krauss, 35 Misc. (N. Y.) 376; 71 N. Y. Supp. 1022. Sutherland v. Lasher, 11 Am. B. R. 780; 41 Misc. (N. Y.) 249; aff'd, 87 App. Div. Am. B. R. 635: 156 Fed. 875. In re Carothers & Co., 27 Am. B. R. 921; 193 Fed. 687. In re Knox Automobile Co., 210 Fed. 569; 32 Am. B. R. 67. In re Pedlow (C. C. A. 2d Cir.), 31 Am. B. R. 761; 209 Fed. 841; 126 C. C. A. 565. In re Nevada-Utah Mines and Smelters Corporation (C. C. A. 2d Cir.), 29 Am. B. R. 754; 202 Fed. 126; 120 C. C. A. 440. XIX. Accounts of Marshal. The marshal shall make return, under oath, of his actual and necessary expenses 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, § 39-a ; 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. AYhen 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 whose duties most nearly correspond to ,. v,i •• trt>rtsurer '■ the following clause: Page 72.1. line 1. insert after .oul ^^^^^^.^v is not within the district wherein the If the treasurer or '^^^^^i;; "^ ^\^ f^ may be made by some othcer T^:^ r^'-Sio-nSive^nLledg^ of the facts. _ .^. ...,^^.-a ^Kj pio\e aeois existing in open accotint 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 l)e 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 Ije delivered to the referee to whom the cause is referred. 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 unsecured, 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 l)e proved in the name of the party contingently liable ; but no dividend shall l)e paid upon such claim, except upon satisfactory proof that it will diminish pro tanto 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. "^Tien 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. Wlien the person executing is not personally known to the officer taking the proof or acknowl- edgment, his identity shall be established by satisfactory proof. n. 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 thereupon the referee shall make an order fixing a time for hearing the peti- tion, 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 GENERAL ORDERS IN BANKRUPTCY. 727 snch examination that tlie claim ouglit 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, S 63; As to set-off of debts, §S GO-c, 68. To the General Orders: XXIV, XXVIII, XXXIII. 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 Blankfein. 3 Am. B. R. 165; 97 Fed. 191. In re Rider. 3 Am. B. R. 192; 96 Fed. 811. In re Finlay, 3 Am. B. R. 738; 104 Fed. 675. 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. 709; 98 Fed. 865. 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. 538. Fitch V. Richardson (C. C. A.), 16 Am. B. R. 835; 147 Fed. 196; 77 C. C. A. 422. In re Columbia Iron Works, 14 Am. B. R. 526, 535; 142 Fed. 234. In re Pettingill & Co., 14 Am. B. R. 763. Filing claim in hands 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; 165 Fed. 245. J. B. Orcutt Co. et al. v. Green (U. S. Sup.), 17 Am. B. R. 72; 204 U. S. 96; 51 L. Ed. 390; 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. In re Arti-Stain Co., 32 Am. B. R. 640; 216 Fed. 942; aff'd, 32 Am. B. R. 643. In re Baker and Edwards, 35 Am. B. R. 469. In re Medina Quarry Co., 24 Am. B. R. 769; 179 Fed. 929. In re Roy (D. C. N. Y.), 26 Am. B. R. 4; 185 Fed. 551. In re Taylor, 26 Am. B. R. 143; 188 Fed. 479. In re Goble Boat Co. (D. C. N. Y.), 27 Am. B. R. 48; 190 Fed. 92. In re Mexico Hardware Co., 28 Am. B. R. 736; 197 Fed. 650. In re Breakwater Co., 36 Am. B. R. 752. 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. TMien completed it shall be read over to the witness and signed by him in the ])resence of the referee. The referee shall note upon the deposition any question objected to, with his decision 728 GENERAL ORDERS IN BANKRUPTCY. 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: XLVI to LVl. ILLUSTRATIVE CASES. In re Hoyt and Mitchell, 11 Am. B. R. 784; 127 Fed. 968. Referee must receive all the evidence noting objections and may refuse to stop proceedings and certify questions. Bank of Ravenswood v. Johnson, 16 Am. B. R. 206; 143 Fed. 463; 74 C. C. A. 597. In re Sturgeon (C. C. A. 2d Cir.), 14 Am. B. R. 681; 139 Fed. 608; 71 C. C. A. 592. In re Romine, 14 Am. B. R. 785, 788; 138 Fed. 837. See, Dowagiac Mfg. Co. v. Lochren, 143 Fed. 211; 74 C. C. A. 341. iSee, contra In re iSamuel Wildes' iSons, 11 Am. B. R. 714. In re Lipset Co., 9 Am. B. R. 32; 119 Fed. 379. Dressel v. North State Lumber Co., 9 Am. B. R. 541; 119 Fed. 531. In re Isaacson, 23 Am. B. R. 665; 175 Fed. 292. United States v. Liberman, 23 Am. B. R. 734; 176 Fed. 161. In re Williams (D. C. Tenn.), 10 Am. B. R. 538; 123 Fed. 321. In re Harrison Bros., 28 Am. B. R. 293; 197 Fed. 320. In re Waters-Colver Co, 32 Am. B. R. 379; 212 Fed. 761. In re Kaplan Bros. (C. C. A. 3d Cir.), 32 Am. B. R. 305; 213 Fed. 753; 130 C. C. A. 267. 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 law: Generally. To the General Orders: IV, XII. To the Equity Rules: LXXI, LXXII. ILLUSTRATIVE CASES. T. S. Faulk & Co. v. Steiner et al., 21 Am. B. R. 623; 165 Fed. 861 ; 91 C. C. A. 547. In re Abbey Press (C. C. A. 2d Cir.), 13 Am. B. R. 11; 134 Fed. 51; 67 C. C. A. 161. Armstrong v. Fisher (C. C. A. 8th Cir.), 34 Am. B. R. 701. McCullock v. Davenport Savings Bank, 35 Am. B. R. 765. 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. GENERAL ORDERS IN BANKRUPTCY. 729 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 ^o 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 meetings for choice of new trustee, § 44; As to notices of meetings, § 58. To the General Orders: XIII. ILLUSTEATIVE CASE. In re Lewensohn, 3 Am. B. R. 299; 98 Fed. 576. 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: § 42. To the General Orders: X, XXXV (2), and, by analogy, XIX. ILLUSTRATIVE CASES. In re Todd, 6 Am. B. R. 88; 109 Fed. 265. In re Jlammoth Pine Lumber Co., 8 Am. B. lR. 651; 116 Fed. 731. In re Daniels, 12 Am. B. R. 446; 130 Fed. 597. In re C. J. McCubbin Co., 33 Am. B. R. 277; 42 Wash. Law. Rep. 744. 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. German Ins. Bank, 4 Am. B. R. 192; 103 Fed. 932; 43 C. C. A. 377. In re Chambers, 6 Am. B. R. 709. In re De Gottardi, 7 Am. B. R. 723; 114 Fed. 328. In re Koenig, 11 Am. B. R. 617; 127 Fed. 891; aff'd, 133 Fed. 1019; 66 C. C. A. 125. 730 GENERAL ORDERS IN BANKRUPTCY. Allgair v. Fisher & Co., 16 Am. B. R. 278; 143 Fed. 962; 75 C. C. A. 148. Bank of Ravenswood v. Johnson, 16 Am. B. R. 206; 143 Fed. 463; 74 C. C. A. 597. In re Pettingill, 15 Am. B. R. 757, 761; 135 Fed. 218. In- re Foss, 17 Am. B. R. 439; 147 Fed. 790. In re Henschel, 12 Am. B. R. 31. In re Kurtz, 11 Am. B. R. 129; 125 Fed. 992. In re Russell, 5 Am. B. R. 566. In re Iloyt and Mitchell, 11 Am. B. R. 784; 127 Fed. 968. In re Home Discount Co., 17 Am. B. R. 168; 147 Fed. 538. In re Grant, 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. 2d Cir.), 13 Am. B. R. 11; 134 Fed. 51; 67 C. C. A. 161. A referee may not review his own order upon exceptions thereto. In re Greek Mfg. Co. (D. C. Pa.), 21 Am. B. R. Ill; 164 Fed. 211. Referee must summarize the evidence. Crim V. Woodford (C. C. A. 4th Cir.), 14 Am. B. R. 302, 304; 136 Fed. 34; 68 C. C. A. 584. In re Fisher, 14 Am. B. R. 366; 135 Fed. 223. In re ReukaufI Sons & Co. (Inc.), 14 Am. B. R. 344; 135 Fed. 251. In re Clark Coal and Coke Co., 23 Am. B. R. 273; 173 Fed. 658. Knapp and Spencer Co. v. Drew, 20 Am. B. R. 355; 160 Fed. 413; 87 C. C. A. 365. First 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. W. A. McLaughlin & Co., 20 Am. B. R. 654; 162 Fed. 124; 89 C. C. A. 124. In re T. M. Lesher & Son, 25 Am. B. R. 218; 176 Fed. 650. In re Octave Mining Co., 32 Am. B. R. 474; 212 Fed. 457. In re Arti-Stain Co., 32 Am. B. R. 640; 216 Fed. 942; aff'd, 32 Am. B. R. 643. In re Nippon Trading Co., 25 Am. B. R. 695; 182 Fed. 959. In re Verdon Cigar Co., 27 Am. B. R. 56; 193 Fed. 813. In re Carlile, 29 Am. B. R. 373; 199 Fed. 612. XXVIII. Redemption of Property and Compounding- of Claims. Whenever it may be deemed for the benefit of tlie 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 he passed by the court upon the petition authorizing such act on the part of the trustee. Cross references: To the law: As to redemption of property from liens, none, save by analogy, §S 2 (7), 67; As to compounding of claims, §§ 27, 58-a (7), and, by analogy, § 26. To the General Orders: XXXIII. GENERAL ORDERS IN BANKRUPTCY. 731 ILLUSTRATIVE CASES. In re Mammoth Pine Lumber Co., 8 Am. B. IR. 651; 116 Fed. 731. 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 deposi- tory 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 l)y 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 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. Hiittig Mfg. Co. V. Edwards, 20 Am. B. R. 349; 160 Fed. 619; 87 C. C. A. 521. 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 he 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 he, before the referee, for the purpose of testifying in any matter relating to his bankruptcy ; and, if Gommitted after the filing of his petition upon process in any civil action founded upon a claim provable in bankruptcy, the court may, upon like appli- cation, 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 l)ankruptcy, and if so provable he shall be discharged ; if not, he shall be remanded to the custody in which he may lawfully he. 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. 732 GENERAL ORDERS IN BANKRUPTCY. Cross references: To the law: § 9-a. To the General Orders: XII (1). ILLUSTRATIVE CASES. In re Marcus, 5 Am. B. K. 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. 302; 74 C. C. A. 440. In re Adler, 16 Am. B. R. 414; 144 Fed. 659. People ex rel. Taranto v. Erlanger, 13 Am. B. R. 197; 132 Fed. 883. In re Dresser, 10 Am. B. R. 270; 124 Fed. 915; aff'd, 135 Fed. 495; 68 C. C. A. 207 and 200 U. S. 532; 50 L. Ed. 584. 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. XXXI. 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. 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 applicaiion oT 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; 108 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; 105 Fed. 915; 45 C. C. A. 123. 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. GENERAL ORDERS IN BANKRUPTCY. 733 In re Ginsburg, 12 Am. B. R. 459; 130 Fed. 627. In re Levey, 13 Am. B. R. 312; 133 Fed. 572. In re J. J. Young, 20 Am. B. R. 697; 162 Fed. 912. In re Nathanson, 18 Am. B. R. 252; 152 Fed. 585. In re Osborne, 8 Am. B. R. 165; 115 Fed. 1; 52 C. C. A. 595. In re Levin, 23 Am. B. R. 845; 176 Fed. 177; 99 C. C. A. 531. In re C. H. Kendrick & Co., 35 Am. B. R. 630; 226 Fed. 980. Shaffer v. The Koblegard Co. (C. C. A. 4th Cir.), 24 Am. B. R. 898; 183 Fed. 71; 105 C. C. A. 363. In re Barrager, 27 Am. B. R. 366; 191 Fed. 247. In re Johnson, 27 Am. B. R. 644; 192 Fed. 356. In re Magen Bros. Co. (C. C. A. 3d Cir.), 27 Am. B. R. 729; 192 Fed. 883; 113 C. C. A. 207. 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 bank- rupt's estate, or for a debt due to it, to the determination of arbitrators, or for authority to compound and settle such controversy by agreement with the other 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 Hixon, 1 Am. B. R. 610; 93 Fed. 440. XXXIV. Costs in Contested Adjudications. In cases of involuntary bankruptcy, when the del)tor resists an adjudication, and the court, after hearing, adjudges the delator 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 Hincs, 16 Am. B. R. 538; 144 Fed. 142. Hoffsclilaeger Co. v. Young Nap, 12 Am. B. R. 526. In re Barnet, 12 Am. B. R. 626; 113 Fed. 107. In re Wise, 32 Am. B. R. 510; 212 Fed. 567. In re McKenzie, 34 Am. B. R. Ill; 219 Fed. 630. In re Ward (D. C. N. J.), 29 Am. B. R. 547; 203 Fed. 769. JU GENERAL ORDERS IN BANKRUPTCY, 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 required 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 publishiiig or mailing notices or other papers. 2. The compensation of referees, preseril)ed by the act, shall be in full com- pensation for all services performed by them uiuler the act, or under these general orders ; but shall not include expenses necessarily incurred l)y them in pul)lishing 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 j^^dge. 3. The compensation allowed to trustees l)y the act shall be in full compen- sation for the services performed by ihem ; but shall not include expenses necessarily incurred in the performance of their duties and allowed upon the settlement 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 adjudged a bankrupt, the judge, at any time during the pendency of the pro- ceedings in bankruptcy, may order those fees to be i^aid 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 law: As to compensation of clerks, S§ 52, 71. As to compensation of referees, S§ 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. 101. In re Lanjjslow, 1 Am. B. R. 258; fl8 Fed. 860. In re Felson, 15 Am. B. R. 185, 104; L'lO Fed. 275. In re Pierce, 6 Am. B. R. 747. In re Epstein, 6 Am. B. R. 101; 100 Fed. 878. In ro Plimpton, 4 Am. B. R. 614; 10.3 Fed. 775. Compensation of referee. Bray. Trustee v. Johnson, Referee, et al. (C. C. A. 4th Cir.), 21 Am. B. R. 38.3; 166 Fed. 57; 01 C. C. A. 643. 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. GENERAL ORDERS IN BANKRUPTCY. 735 In re Dunn Hardware and Furniture Co., 14 Am. B. K. 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. K. 145; 114 Fed. 675. Sellers v. Bell, 2 Am. B. R. 529; 94 Fed. 801. In re Elk Valley Coal Mining Co., 32 Am. B. R. 197; 213 Fed. 383. In re C. J. McCubbin Co., 33 Am. B. R. 277; 42 Wash. Law Rep. 744. In re Loughney, 34 Am. B. R. 206; 218 Fed. 980. In re Lacey & Co., 35 Am. B. R. 231 ; 43 Wash. Law Rep. 434. In re Schreiber, 35 Am. B. R. 241. In re Langford Felts & Myers, 35 Am. B. R. 519. In re Iwanaga (D. C. Haw.), 36 Am. B. R. 285. XXXVI. Appeals. 1. Appeals from a court of l)ankruptcy to a circuit court of appeals, or to the supreme court of a Territor}-, 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, liy 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 shall be allowed by a judge of the court appealed from, or l)y 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 Su])reme Court of the United States, the court from which the appeal lies shall, at or l)efore 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 law: SS 24, 25. To ^Ye Genial Ordc-p; Bv a>v\ioov yXVIL Page 735, line 34 : See Act of .Ian. 28, 1!II.-,, 3S Stat, at L. eh. 22. pp. 8U3, 8U4, restricting appeals to U. S. Supreme Court. In re Rauchenplatt, 9 Am. B. R. 763: 1 Porto Rico 471. Frst National Bank of Denver ct al. v. King, 8 Am. B. R. 12: 186 U. S. 202; 46 L. Ed. 1127. Crucible Steel Co. of America v. ITolt. 23 .Am. B. R. 302; 174 Fed. P27 : 98 C. C. A. 1(11; ard. 224 r. S. 262. Ross et al. v. Stroh, 21 Am. B. R. 644; 165 Fed. 628; 91 C. C. A. 616. Clia-inijin. Trustee, etc. v. Bowcn (V. S. Sup.), IS Am. B. R. 844; 207 U. S. 89; .52 L. Kd. 116. Conboy V. National Bank (V. S. Sup.). 16 Am. B. R. 773; 203 U. 8. 141; 51 L. Ed. 128. Section 3. 736 GENERAL ORDERS IN BANKRUPTCY. Knapp V. Milwaukee Trust Co., 20 Am. B. R. 671; 162 Fed. 675; s. c. (U. S. Sup.) 30 Sup. Ct. Rep. 412; 24 Am. B. R. 761; 216 U. S. 545; 54 L. Ed. 610. Hiscock V. Varick Bank of New York, 18 Am. B. R. 1; 206 U. S. 28; 51 L. Ed. 945. Armstrong v. Fernandez et al., 19 Am. B. R. 746; 208 U. S. 324; 52 L. Ed. 514. In re Philip Semner Glass Co., 135 Fed. 77; 67 C. C. A. 551; dismissed, 203 U. S. 141; 51 L. Ed. 128. Houghton V. Burden (U. S. Sup.i, 30 Am. B. R. 16; 228 U. S. 161: 57 L. Ed. 780. Baker Ice Machine Co. v. Bailey (C. C. A. 8th Cir.), 31 Am. B. R. 513; 209 Fed. 844; 126 C. C. A. 568. Century Savings Bank v. Robert Moody & Son (C. C. A. 8th Cir.), 31 Am. B. R. 586; 209 Fed. 775; 126 C. C. A. 499. Washington v. Tearney (C. C. A. 4th Cir.). 28 Am. B. R. 633; 197 Fed. 307; 117 C. C. A. 53. XXXVII. General Provisions. In proceedings in equity, instituted for the purpose of carrying into effect tl;e provisions of tlie 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 Ije. In proceedings at law, insti- tuted 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; 135 Fed. 603. In re Lipsett, Levittan & Co., 9 Am. B. R 32; 119 Fed. 379. In re Waugh (C. C. A. 9th Cir.), 13 Am. B. R. 187; 133 Fed. 281: 66 C. C. A. 659. In re Docker-Foster Co., 10 Am. B. R. 584; 123 Fed. 190. Ex parte Steele, 20 Am. B. R. 575; 162 Fed. 694. In re Kenney & Co., 14 Am. B. R. 611 ; 136 Fed. 451. In re .lones, 31 Am. B. R. 693; 209 Fed. 717. International Harvester Co. v. Carlson (C. C. A. 8th Cir.), 33 Am. B. R. 178; 217 Fed. 736; 133 C. C. A. 430. In re Cunney, 35 Am. B. R. 617. In re T. A. Mclntyre & Co. (C. C. A. 2d Cir.), 24 Am. B. R. 4; 176 Fed. 552; 100 C. C. A. 140. XXXVIII. 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. Ouarant.-e Title and Trust Co.. 14 Am. B. R. 31; 134 Fed. 562; 67 C. C. A. 486. In re Laskaris, 1 Am. B. R. 480. In re Sopor and Slada, 1 Am. B. R. 193. In re Lenters (D. C. Pa.), 35 Am. B. R. 3. In re Farthing (D. C. No. Car.), 29 Am. B. R. 732; 202 Fed. 557. RULES OF THE DISTRICT COURTS IN BANKRUPTCY. L737J SOUTHERN DISTRICT OF NEW YORK. RULE 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 pre- ceding 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 where- abouts 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 and other papers filed, except schedules, shall be upon law cap, not more than nine inches wide by fourteen inches long. RULE II. Laches. In case of imreasonable 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 five days' notice, to dissolve the stay, though the time limited in the order granting the stay has not expired. RULE III. Publication of Notices. Notices for the first meeting of creditors shall be published once only unless other- wise ordered. RULE IV. Newspapers for Official Advertising. The following newspapers are designated in pursuance of section 28 of the Act, for publication of notices and orders: In New York County — " The New York Times." In Bronx County — " The North Side News." In Westchester County — " Yonkers Statesman." In Putnam County — " The Putnam County Republican." In Dutchess Coiuity — " The Poughkeepsie Daily Eagle." In Columbia County — " The Columbia Republican." In Greene County — "The Catskill Mail." In Sullivan and Ulster Counties — " The Kingston Daily Freeman." In Orange County — " The Newburgh .Journal." lu Rockland County — " The Nyack Evening Joiu-nal." [739] 740 RULES IN SOUTHERN DISTRICT OF NEW YORK. RULE V. Depositories. Banking institutions as depositories for moneys of bankrupt estates shall be desig- nated by orders entered for that purpose, and the Clerk shall keep a list of authorized depositories open to the inspection of the public. RULE VI. Checks and Warrants. The Referee before whom a case is pending is designated as the one to countersign all warrants and checks for the withdi'awal of money from the depository under Rule 29 of the General Orders, unless otherwise specially ordered by a Judge. RULE VII. Applications for Discharge, and Compositions. Applications 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 Bank- ruptcy Motion day 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 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 filing of written specifications of the grounds of opposition to the discharge or composition, the same shall be referred to the Referee in charge to take the proofs and testimony oflTered by the parties, and to ascertain and report the facts. The hearing thereon before the Referee may be brought on by any party on five days' notice thereof to the attorneys of the other parties. RULE VIII. Opposition to Discharge. 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 appear- ance in opposition the bankrupt, if he appears to be entitled thereto, shall be fortliwith discharged, or the composition allowed. If any appearance in opposition 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 the said return day, and the further hearing on the discharge shall stand adjourned two weeks from the return day at the same hour. On such adjourned day any exceptions to the relevancy or sufficiency of the speci- fications in opposition to the discharge shall be summarily heard. 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 brouglit on by either -party on five 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 Bankruptcy Motion day, on five days' written notice to the parties who have appeared. RULES IN SOUTHERN DISTRICT OF NEW YORK. 741 RULE IX. Closing Cases and Vacation of Stay. \^'Tiere 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 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 veri- fied report that no assets have come into his hands or were discoverable. 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. 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 thereupon be deemed vacated unless otherwise ordered by the Court. RULE X. Accounting for Indemnity. The Referee's certificate that the case is closed must 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. RULE XI. Notices, Method of Mailing. All notices mailed by Referees to creditors shall have printed upon the envelope inclosing the notice the name and address of the Referee, with direction to return the same to him if the person addressed is not foimd within ten days. Returned notices or a list thereof shall be preserved and reported as required. RULE XII. Referees' Expenses, How Reimbursed. Keferees' drafts or orders upon the trustee for the payment of money to themselves, are allowed only for the expenses already incurred, and shall be accompanied by dupli- cate 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. RULE XIII. Delay in Hearings, Procedure on. If the hearing before the Referee on specifications of objection to discharge or composition is not begun within one month after the specificationa of 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 bankrupt, an appli- cation to dismiss the petition may be made. 742 KULES IN SOUTHERN DISTRICT OF NEW YORK. RULE XIV. Sureties, Insolvency of. In all cases where a bond is taken for the delivery of property upon claim therefor, if either of the sureties shall become insolvent pending the proceeding, a new surety may be required to be given by order of the Court. RULE XV. Petitions for Review, Limitation of Time for. A petition for review of a Referee's order must be filed with the Referee within ten daj's after the order is made, unless such time is extended before or after expiration of said ten days, by the Referee or the Court. RULE XVI. Official Auctioneer. An official 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 faitliful and prompt accounting for all moneys and property which may come into his possession as such auctioneer, for compliance with all rules, orders and decrees of this Court, and for the faithful perform- ance of the duties of his office in all respects. RULE XVII. Sales, How Held, and Advertisement Thereof. Sales of the property of bankrujit estates in New York City shall be by public auc- tion 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 and Daily Trade Record, if the sale is in the City of New Y'ork, and in the newspaper designated in Rule 5 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 sales 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 as above required 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. 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. The receiver or trustee may direct that the goods be sold first in bulk and then in lots, the highest aggregate 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 replevined 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 tlie sale. RULES IN SOUTHERN DISTRICT OF NEW YORK. 743 RULE XVIII. Auctioneer's Fees and Charges. 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, cataloguing, printing, insurance, and all other actual and necessary disbursements. He shall also be allowed the following commissions upon the proceeds of sales made by him: Four per cent on the first live thousand dollars or any part thereof; two per cent on the next ten thou- sand dollars or any part tliereof, and one per cent on any additional amount. No other compensation shall be allowed. RULE XIX. Taxation of Fees and Charges. Any official of this Court (including the official auctioneer) making any charge for services or expenses, shall upon the reqviest of any interested party deliver to him a statement in writing of such charge or fee, properly itemized, and the amount of such charge or fee may thereupon be taxed by the Clerk upon a notice of two hours if the auctioneer or official making the charge has an office within the City of New York, and upon a notice of twenty -four hours if he has an office outside of the City of New York. RULE XX. Counsel for Receivers. No receiver in bankruptcy shall employ any attorney or counsel except upon the order of this Court. Such order shall be granted only upon the petition of the receiver setting forth the name of the counsel whom he wishes to employ, the reasons for the selection of that person, and showing the necessity of employing any attorney or counsel. RULE XXI. Books and Documents, How Disposed of. Accoimt 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 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 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 auc- tioneer 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 advertisement as provided in the Eules of this Coirrt for auction sales, and shall pay into Court the proceeds in excess of storage charges, to await the further order of the Court. RULE XXII. Allowances, Notice of Application for. All applications before Referees for allowances to receivers, trustees, appraisers, accountants or attorneys shall be heard on notice sent by mail to the creditors of the various attorneys, accountants and appraisers by the Referee. (Amended June 22, 1915. In effect Julv 1, 1915.) 744 RULES IN SOUTHERN DISTRICT OF NEW YORK. UNITED STATES DISTRICT COURT — SOUTHERN DISTRICT OF NEW YORK. It is ordered that the following additional rule in bankrui:itcy be and hereby is adopted as a rule of this court: RULE XXIII. Compositions, Affidavit on Confirmation of. Upon any application for confirmation of a composition, the bankrupt or alleged, bankrupt shall tender to the Court with the order for confirmation, an affidavit which shall state all amounts paid or promised to be paid prior to, upon or after, the confirm- ation of said composition in consideration of or in connection with such composition, to the receiver, trustee or assignee and each of his or their respective attorneys and counsel, to the attorney for the bankrupt, to any person rendering service in effecting or aiding the composition, or to any attorney for petitioning creditors, and to attorneys, counsel or other representatives of creditors or creditors' committees. Such affidavit shall also state what if any reclamations are pending, and the disposition to be made of them, in the event of composition being approved. INSTRUCTIONS TO REFEREES IN BANKRUPTCY And Charges Authorized to be Made by Them for Disbursements and Expenses. 1. Referees are required to call a first meeting of creditors forthwith upon receiv- ing schedules, and to do so without waiting for indemnity to cover expenses, or request from any party in interest. 2. All hearings before Referees on references held pursuant to any order of Court other than orders of adjudication, shall be considered as hearings on references to Referees as Special IVIasters and charged for at $5 a day unless a higher charge be ordered by the Court. 3. Referees are instructed not to cause the proceedings of the first meeting of creditors, either at the first session thereof or any adjourned session, to be taken steno- graphically unless requested by some party or parties in interest, and if such request is made then not unless the same be approved by the Referee and arrangements made satisfactory to the Referee for the payment of the stenographer who takes the notes. of such proceedings, and no stenographer shall be employed for this piu-pose unless approved by the Referee. 4. Referees are directed to exercise an active supervision over trustees to prevent delay in the settlement of estates. The provisions of section 47 of the Bankruptcy Act, requiring tliat trustees make reports every two months, and of section 65, requir- ing dividends to be paid within thirty days after the adjudication, if there is sufficient money applicable thereto to pay a dividend of five per cent, and thereafter whenever there is sufficient money to pay a dividend of ten 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 upou 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. 5. 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 proceed- ings have been had in the case, and why it has not been closed. 6. All evidence offered before referees shall be taken stenngraphically and the notes thereof preserved, 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 RULES IN SOUTHERN DISTRICT OF NEW YORK. 745 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 sliall make and file their decisions 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. 7. Upon receiving from or on behalf of any petitioning creditor the list referred to in General Order No. 9, Referees shall on payment of estimated expenses forthwith call a first meeting of creditors, and prepare and file schedules in compliance with section 39, subdivision 6, of the Bankruptcy Act. 8. Referees sitting as Special Masters to ascertain the compensation of Receivers and their attorneys are directed not to allow any attorney for any Receiver more than twice the statutory allowance of the Receiver. If, in the opinion of the Master, a greater compensation should be awarded, Master shall certify concisely to the Court the grounds of his opinion and the amount of the Receiver's fee allowed. Applications for additional compensation shall be heard as motions on the Bankruptcy Motion Calendar. The same course shall be pursued by Referees in respect of the compensation of attorneys for Trustees. (Added February 1, 1913.) 9. The referees are required to arrange among themselves a schedule for the months of July, August and September, in such manner that at least two Referees shall be in attendance at their several offices at any one time during said months. Such schedule being fiu-nished to the Court, the Clerk will thereupon assign all cases in accordance with the scliedule. (Added February 1, 1913.) 10. Within twenty days after a petition for discharge shall have been filed with the Referee, the order to show cause thereon shall be issued. (Added June 22, 1915. In effect July 1, 1915.) And it is further ordered that the following additional instructions to referees are hereby adopted and ordered to be communicated to the several referees, viz.: 11. Upon the declaration of a final dividend referees shall direct the trustees at the expiration of one year from the date of such final dividend, to stop payment on all dividend checks then unpaid, and to deposit the amount of such unclaimed dividends with the Clerk of this Court, and at the same time to file with said Clerk a list of the persons entitled to such unclaimed dividends. The Clerk shall thereupon deposit the amount so received by him in the registry of the Court to the credit of the case. If, after the declaration of a final dividend or other termination of proceedings, any trustee or receiver shall have paid to him any moneys of the estate, he shall notify at least two of the larger creditors of the estate, and forthwith pay the same to the Clerk of this Court, who shall deposit the same as is hereinabove directed in respect of imclaimed dividends. By order of the Court. Dated April 10, 1916. Authorized Charges for Disbursements and Expenses. The following charges are allowed and shall be separately stated in monthly accounts: 1. Cash paid for advertisements (vouchers to be annexed). 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 tj'pewritten memoranda of proceedings prior to the first meeting of cred- itors, including stationery, envelopes, printing, letters, messages, and all petty expenses, $5.00. (This item may be entitled Clerical aid, etc., prior to first meeting.) 746 KULES IX SOUTHERN DISTRICT OF NEW YORK. 3. For similar clerical aid and other expenses as above stated, in proceedings upon applications for discharge, $5.00. 4. If the notices to creditors in the above proceedings exceed 20 in number, 10 cents in addition to the above, for each notice in excess of 20 up to 50 additional notices, and 5 cents for each notice above 70 (the number of creditors to be stated). 5. For office accommodations and for clerical aid in taking and keeping notes and records of proceedings at first meeting of creditors and thereafter up to choice or appointment and qualification of trustee, $2.50. 6. Otiier special notices to creditors as required by law, 5 cents per each notice (the number to be stated). 7. For clerical aid in filing, recording, preserving and returning any interlocutorj- order made by the Referee, 10 cents. 8. For three appraisers in cases of merely nominal assets, i. e., assets of apparent but no real value (beyond the charge for appraisement), $1 each, $3.00. 9. For office accommodations and for clerical aid in taking and keeping notes and records at all meetings at which any business is transacted (other tlian the first session of the first meeting of creditors), for each meeting, $2.50. 10. For copies of orders or other papers the person requesting and receiving such copies shall pay 10 cents per folio. In order to insure similarity of practice in all cases, it is directed that tlie above charges shall be adhered to and applied by all the Referees uniformly, and that no other charges be made without previous submission to this Court and approval by the Court or a Judge thereof. The Referee's certificate that the case is closed shall be accom- panied by an itemized statement of the sums deposited as indemnity, the items of charges against the same and the balance remaining, if any. 11. Referees are authorized in their discretion to require the charge for adjourned meetings (viz., $2.50) to be paid in advance by the party requesting such adjournment. 12. The foregoing provisions for clerical services and office expenses (i. e., sections 2, 5 and 'J) shall apply only to cases in which there are no assets; where there are sufficient assets double said amounts shall be charged. 13. If there are sufficient assets in the estate, the estimated amount of items 1, 2, 4 and 5 shall be paid out of the estate directly to the Referee by the receiver or trustee in charge upon the Referee's written request. The estimated amount of items 1, 3 and 4 shall in applications for discharge, be paid by the bankrupt on filing his petition for discharge. Charges under items Nos. 6-10 inclusive shall be paid for out of the estate on settle- ment of the trustee's accounts. But if in the opinion of the Referee sufficient funds will not be in the estate at the time of such settlement, payment may be required of said items from the persons requesting the service. Instructions to Receivers in Bankruptcy. 1. Receivers are required to carefully observe Bankruptcy Rule 20, and show the necessity of counsel in applying for the same. 2. It is ordinarily the duty of receivers to press for adjudication, and if petitioning creditors delay entry thereof they must report that fact to the Court. 3. If in involuntary cases schedules are not filed within the time allowed by law (or any extension thereof by order), receivers must cause to be made on behalf of peti- tioning creditors the schedule contemplated by General Order Xo. IX, deliver the same to a Referee designated by the Court, and request said Referee to comply with the seventh instruction to Referees. 4. In all cases it is the dutj' of receivers to liasten the calling of the first meeting of creditors, and any delay in calling the same must be reported to the Court. RULES IN SOUTHERN DISTRICT OF NEW YORK. 747 5. The fees of Special Commissioners vmder section 21-a are fixed as follows, viz.: For each hearing or adjournment, $2, and for each folio of testimony taken, five cents additional. Receivers are authorized to pay Commissioners' fees on this basis, and if tlie estate shall have passed into the hands of a trustee before such fees are fixed, then trustees are authorized to pay same. (Added October 4, 1912, applying to all exami- nations commenced on or after October 7, 1912.) 6. Receivers are required to file their reports and accounts within twenty days after the election of the Trustee, unless the time be extended by the Court upon appli- cation o* the Receiver showing sufficient reason for such extension, and Referees are required to enforce this rule. (Added February 1, 1913.) LIST OF DEPOSITORIES IN BANKRUPTCY. New York County. Bankers Trust Company, January 29, 1904. Citizens' Central National Bank, March 14, 1904. New York Trust Company, November 11, 1907. American Exchange National Bank, November 12, 1907. Seaboard National Bank, November 13, 1907. Central Trust Company, November 12, 1908. United States Trust Company, November 12, 1908. Merchants' National Bank, March 26, 1909. National Park Bank of New York, March S, 1910. Guaranty Trust Co. of New York, March 9, 1910. United States Mortgage & Trust Co., April 25, 1910. Lawyers' Title Insurance & Trust Co., June 13, 1910. Equitable Trust Company of New York, March 6, 1912. Empire Trust Company, April 16, 1914. Broadway Trust Company, April 16, 1914. Columbia Trust Company, April 18, 1914. Metropolitan Bank, April 20, 1914. Cliatham & Phenix Natl. Bank, April 20, 1914. Metropolitan Trust Company, April 24, 1914. Irving Natl. Bank, April 28, 1914. The Union Trust Company, May 1, 1914. The Farmers' Loan and Trust Company, May 28, 1914. Title Guarantee & Trust Co., May 29, 1914. The Corn Exchange Bank, October 29, 1914. Mechanics & Metals National Bank of the City of New York, March 24, 1915. Astor Trust Company, June 22, 1915. Westchester County. The Mutual Trust Company of Westchester County, Port Chester, March 26, 1908. The Westchester Trust Company, Yonkers, December 13, 1908. Putnam County. The Putnam County National Bank, Carmel, December 13, 1898. Dutchess County. Poughkeepsie Trust Co., June 18, 1914. Columbia County. The National Hudson River Bank of Hudson, December 13, 1898. 748 RULES IN SOUTHERN DISTRICT OF NEW YORK. Greene County. Tlie Catskill Xational Bank, Catskill, October 6, 1905. Ulster County. The First Xational Bank of Eondout, December 13. 1S9S. Orange County. llie Quassaick Xational Bank, Xewburgli, December 13, 1S9S. Rockland County. Tlie Xyack Xational Bank. LIST OF AUTHORIZED SURETY COMPANIES. Pacific Coast Casualty Comj^any, San Francisco. Illinois Surety Company, Cliicago. American Bonding Company of Baltimore. Fidelity & Deposit Company of Maryland, Baltimore. jNIaryland Casualty Company, Baltimore. United States Fidelity and Guaranty Company, Baltimore. Massachusetts Bonding- and Insurance Company, Boston. International Fidelity Insurance Company, Jersey City, X. J. American Surety Company of Xew York. Tlie Fidelity and Casualty Company of Xew York. Xational Surety Company, Xew York. United States Guarantee Company, Xew York. ; The Title Guaranty and Surety Company, Scranton, Pa. American Fidelity Company, ^Nfontpelier, Vermont. Soutliwestern Surety Insurance Company, Denison, Texas. Equitable Surety Company, St. Louis. Xew England Equitable Insurance Company, Boston. Southern Surety Company, St. Louis, Mo. The iEtna Accident and Liability Company, Hartford. Conn. Globe Indemnity Company, Xew York. Casualty Company of America, Xew York. Royal Indemnity Company, Xew York. Chicago Bonding and Surety Co., Chicago. Hartford Accident and Indemnity Company. Hartford. Conn. Xew Amsterdam Casualty Company, Xew York. Pennsyh-ania Surety Company, Harrisburg. American Indemnity Company. Galveston. London & Lancashire Indemnity Company of America, Xew York. The Bankruptcy Rules are amended by the addition of the following rules: 24. Receivers, When to Continue Business — The order appointing a receiver may authorize him to continue the business for a period of not more than five days, in which case he shall within such period inquire into the propriety of its further continuance and submit to the court a report on such inquiry with his recommenda- tion thereon. Upon such report the court may authorize a further continuance of the business for a fixed period. The continuance of the business for the provisional period of five days shall not entitle the receiver to more than a single commission, except upon special direction of the court. Dated October 24, 1916. The " Instructions to Referees in Bankruptcy " are hereby amended by the addition of the following article: 12. In reporting upon receivers' and trustees' accounts, where the petitioner has conducted business, the referee shall state the length of time during which the busi- ness has been conducted, a general description of the business, its gross volume during the period of its conduct, and the net result in profit or loss to the estate. Dated October 24, 1916. The second " Instructions to Referees in Bankruptcy " shall be amended so as to read as follows: 2. All hearings before referees on references after adjudication, except hearings on discharges and compositions, shall be treated as part of the general administra- tion of the estate, and not as references to special masters. Referees will annex to all reports as special masters a certificate showing the dates on which hearings were held, or consideration given to the cause, and the total number of days so occupied. The court will calculate allowances to special masters upon such certificates at the rate of $5 for each day, unless application is made for a higher amount. By order of the court. Datetofor(^ provided for the advertisement in the " Public Ledfier," a brief notice shall also be published once in the "Legal Intelligencer " in eacli 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. G. 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 allow^ance from a Judge of the District Court. Prompt notice of filing of decisions upon any subject shall be given bj^ the referee to counsel interested. The following rule was adopted by the United States Circuit and District Courts, September 27, 1905: Rule III, Section 4. Rule III, Section 4. Attorneys and Counsellors-at-Law, admitted to practice in this Court, who are not residents of the Eastern District of Pennsylvania, and Avho do not maintain an office in said District for the regular transaction of business, shall, in each case or proceeding in which they appear, have a resident associate counsel who maintains an office 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 rules 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. 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, (b) 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. [793] 794 RULES IN EASTERN DISTRICT OF PENNSYLVANIA. Xo attorney shall be heard for or against the petition until he has tiled his appear- ance 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 appli- cations and motions presented on or after August 12, 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 " provided 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 proceeding; (5) of the time and place of hearing upon a petition for the confirmation of a compo- sition with creditors; and (6) of the time and place of any sale of real or personal property by a Receiver or Trustee in bankruptcy. WESTERN DISTRICT OF PENNSYLVANIA. RULE I. Powers Delegated to Referees. A. The Referees heretofore or hereafter appointed for the Western District of Pennsylvania are hereby, respectively, vested with the jurisdiction which, by the Bank- ruptcy Act of July 1, 1898, and the general orders of the Supreme Court, promulgated at the October Term, 1898, the Court or Judge may delegate to or confer upon such Referees; and they are, respectively, empowered and authorized to do all acts, take all jjroceedings, make all orders and decrees, and perform all duties so authorized to be delegated by said acts, and said general orders, without special authority in each case and under the general authority conferred by this order. B. Referees may make rules for the guidance of proceedings 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. RULE II. Referees to Regulate Evidence. Referees may pass upon the competency, materiality and relevancy of evidence in matters before them, and shall rule on the admission or rejection thereof, and if desired note on the record all objections, and the rulings thereon; where testimony is excluded thej^ 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 inquiry before them to relevant and material matters, and in case an examination or cross-examination is unnecessarily 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. RULE III. Referees to Direct Prosecution and Defense of Suits and Allow Amendments. Section 1. Referees may direct the prosecution and defense of suits by trustees as provided in subdivisions b and c of section 1 1 of the Bankrupt Act. They may allow amendment to the pleadings and papers which do not involve jurisdictional defects in all matters pending before them, and they 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, Xo. XXI. \Mien a referee deems a petition referred to him 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 the further order of the Court. § 2. The Referees may, of their own motion, direct that schedules be made more definite and certain, and that the bankrupt furnish any other information regarding his property or his creditors which the Referee may deem essential. [795] 796 RULES IN WESTERN DISTRICT OF PENNSYLVANIA. RULE IV. Injunctions. Where, after an adjudication and reference, an application for an injunction is made to the Referee in charge of a case, he may hear the same and either refuse it or order the motion for such injunction to be heard before the Judge, at a time not more than 10 days thereafter, and grant a temporary restraining order pending said motion. The application and all proceedings thereon shall be at once certified and returned by the Referee to the Court. WTiere the parties agree in writing tliat the motion for an injunction shall be heard and decided by the Referee, he may proceed to so hear and decide the same. If he decides that an injunction shall issue, he shall so report to the Clerk, who shall thereupon issue the same, and any party objecting may within 10 days after the issue thereof move the Judge to dissolve said injunction. RULE V. Attorney for the Estate and His Duties. Unless specially authorized by the Court, receivers and trustees in bankruptcy shall not retain as their attorney, the attorney of the bankrupt, of the petitioning creditors, of the person applying for the appointment of a Receiver, or of any creditor, and trustees shall not retain as their attorney any attorney who has obtained proxies or voted upon the election of such trustees, or who is an attorney for persons holding such proxies. RULE VI. Fees of CounseL Subject to revision by the Court, Referees shall have power to fix or reduce the fees of counsel for services claimed or charged in accounts. They may exercise such power of their own motion and without objection made. RULE VII. Review of Referee's Ruling, etc., 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 making of the order objected to, and a certificate in the prescribed form shall be presented to the Referee for his signature within two days of any such order, ruling or decision, but the Referee may enlarge the time by order in any particular case. Such certificate, when signed by the Referee, shall be filed forthwith in the Clerk's office. A failure to comply with this rule shall be held a waiver of the right to review upon certificate unless on special order thereafter made by the Referee or Judge. The opinion and decision of the Judge, together with the certificate on which it is made, and the papers, if any, accompanying the same, shall be remitted by the Clerk to the Referee, who shall file them as part of the record in the case. RULE VIII. Real Estate Sales. All sales of real estate shall be ordered by the Referee upon the petition of the Trustee, setting forth under oath the facts needful for the information of the Court, and shall be public or private ones, as directed by the Referee, and either for cash or partly on credit and partly for cash; all public sales shall be advertised for at least ten days by handbills, posted in at least 10 public places in the county in which the land is situated, and by publication at least once a week for at least four weeks prior RULES IN WESTERN DISTRICT OF PENNSYLVANIA. 797 to such sale, in at least one newspaper printed, regularly issued and having a general circulation in the county where the real estate proposed to be sold is situated; the notice shall, among other things, describe the real estate to be sold, and the sale shall lake place at the Court House of the county in which the property is situated or upon the premises. Such public sale shall be made imder the supervision of the Trustee, with power to adjourn the same. Returns of all sales shall be made to the Referee, by whom the same shall be confirmed nisi, with leave to file with, him exceptions in 10 days thereafter. In case no exceptions are liled, the Referee shall, after the expiration of said 10 days, certify the petition, order and return to the Judge, who shall confirm the same and order the delivery of the necessary deed, or deeds, by the trustee to the purchaser, or purchasers. In case exceptions are filed, the Referee shall hear and decide the same in the first instance, and shall thereafter certify the petition, order of sale, return, exceptions and testimony, together with his opinion thereon, to the Judge, who shall thereupon review and determine said exceptions and may set aside said sale or confirm the same and order the Trustee to deliver the deed, or deeds, to the purchaser, or purchasers. Wliere application is made to sell real estate, clear and divested of liens, written notice shall be given of the application to the lienors. In such cases the Referee shall have power to direct that in case a lienor purchase the land, he may receive credit for a due proportion of his lien on account of the purchase price. RULE IX. Reports and Accounts of Trustees, A. The reports of trustees provided for by section 47, subdivision 10, of the Act, showing the condition of estates, shall be filed with referees. In case they are not Iiled as above, referees shall order them to be filed forthwith. Wlien the funds reported warrant, referees shall declare dividends upon prior and allowed claims, as provided in section 65. B. \Vlien a final account is filed it shall include the administration of the entire estate. The Referee shall give to creditors notice of a meeting, to be held at least 20 days thereafter, to examine and consider the same. Exceptions may be filed at or before such meeting. The Referee shall dispose of the same and declare a final dividend. RULE X. 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 trans- mit 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 XXVI shall not be construed to require the Referee to transmit to the Clerk a separate account of each case vviiich may be referred to him, but only a statement of his disbursement in all cases and for all causes since his last monthly return. RULE XI. Notices: How Served. Section 1. All notices required to be given under section 58 of tlie 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; the person giving the notice shall make return to the Referee in the form of an affidavit with the notice, or copy thereof, annexed, showing due mailing and publication of said notice as required lay law. The original notice shall be signed by the Referee. It shall be printed upon or enclosed within a sealed, postpaid 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 798 RULES IN WESTERN DISTRICT OF PENNSYLVANIA. of the Referee, said notice may be printed upon a postal or other card. It is not intended by this rule to prohibit the use of " official envelopes." Section 2. Notice to creditors of meetings subsequent to the first in cases where there are undivided assets shall be given, not only to those whose names appear in the schedules filed, but also to such additional ones whose claims have been duly proved and allowed by the Referee. Section 3. Notice of petitions filed with the Referee for interlocutory orders in the case shall be given as directed by the Referee. RULE XII. Referees to Transmit Bonds, etc., to Clerk. It shall be the duty of referees to forthwith transmit to the clerk all bonds of trustees. The Referee shall retain in his possession all other papers and records until said case is finally closed. He shall then within five days transmit his records, books and all papers in the case to the clerk, together with a certificate that the case is closed. RULE XIII. Pleadings: How Prepared. All petitions, schedules and pleadings must be upon white paper, approximately 14 inches long by 8^ inches wide. All pleadings must be properly endorsed with the name of the court, the title of the cause, and. if the parties appear by attorney, his name and office address. If the attorney resides in a city, the street and number must be given. RULE XIV. Clerical Requirements. A. The petition for adjudication shall be signed in the full christian and surname of the petitioner, and the petition for discliarge in the same manner; in other places the customary signature of the signer may be used. B. Full sets of schedule blanks must be filed. If there are no items applicable to any particular blank, such facts should be stated in said blank. Each schedule sheet must be signed. C. Petitioners for discharge must use a printed blank (Form No. 57, General Orders). The blank spaces may be filled by hand or typewriting, but the main body printed. D. All papers must be so endorsed as to disclose the general contents thereof; and all orders, decrees and rules to show cause submitted to the Court l)y counsel must be prepared so that when served they will of themselves be self-explanatory. RULE XV. Depositories. When money is deposited in the name of the Clerk, 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 depositories with a copy of said general orders and also a copy of this rule. RULE XVI. Compositions and Discharges. A. The procedure in compositions shall be as follows: The petition shall set forth that the composition proposed has been accepted in writing by a majority in RULES IN WESTERN DISTRICT OF PENNSYLVANIA. 799 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 proceedings, has been deposited subject to the Judge's order. 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 thereafter. B. Tlie petition for discharge shall be accompanied by a certificate by the Referee that the petitioner has been examined by his creditors, or has submitted himself for examination before the Referee, and also a certified list of tlie creditors who have proved their claims before the Referee. C. A petition for confirmation of a composition shall be accompanied by a cer- tificate of the Referee that the petitioner has been examined by his creditors or lias submitted himself for such examination ; a list, certified by the Referee, of all creditors who have proved their claims; a schedule showing the names and addresses of the creditors to whom distribution of the composition fund is made, the amount of their claims and the sum to be paid each under tlie terms of the composition. The Referee may require the said schedule to be prepared by the bankrupt or his attorney. RULE XVII. Triplicate Schedules. In involuntary cases, the schedule filed by the bankrupt or by petitioning creditors, shall be triplicate — one copy for the Clerk, one for the Referee and one for the Trustee — as in voluntary cases. RULE XVIII, Fees: When Paid Officers. The Trustee's fee of five dollars, deposited with the Clerk, shall be paid to the Trustee on the certificate of the Referee that the case has been closed. He shall be paid such commissions as may be allowed by the Referee, 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 commission at the same time. In every case where an adjudication has been made, the Clerk shall be entitled to receive the filing fee of ten dollars. The Clerk shall pay to the Referee the ten dollars deposited as fees of the Referee upon receiving the latter's certificate that tlie case has been closed. ^'^Tlere 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 payment of the final dividend. RULE XIX, Petition in Forma Pauperis. In case a petition is filed by a proposed voluntary bankrupt, accompanied by the affidavit prescribed in section .51, subdivision 2, 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. Petitioners who have made no deposit with the Clerk should be examined by him, or by the Referee, on their appearance before him, as to their ability to pay. If the Clerk, or Referee, is not satisfied of the petitioner's inability to make the deposit, a report thereof should be made to the Judge, and such report shall be sufficient proof upon which to base proceedings under subdivision 4, General Order No. XXXV. 800 RULES IN WESTERN DISTRICT OF PENNSYLVANIA. RULE XX. Fees and Expenses. There shall be allowed as part of the expenses the following sums: 1. Amounts 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. (In the monthly account this item may be called clerical aid, etc., prior to first meeting.) 3. For similar clerical aid, etc., on notices of application for discharge or con- firmation of composition — $5. 4. For similar clerical aid, etc., on notices of each and any other meeting of creditors — $2. .5. If notices to creditors exceed 20 in number, in any of above cases, 10 cents in addition to the above for each notice in excess of 20 (the number of creditors to be stated). (). For use of office and for clerical aid in taking and keeping notes and records of proceedings at first meeting of creditors up to choice or appointment and qualifi- cation of Trustee (any adjournments at creditors' request to be paid for by them at the same rate) — $2. .50. 7. For second, third or final meeting of creditors, the same as above — $2..50. 5. For clerical aid in taking and perpetuating testimony on the examination of the bankrupt or other persons before the Referee (where the parties do not agree with the Referee's approval in taking such examination themselves), 10 cents per folio, whether taken in long hand or transcribed from stenographer's notes, to be paid by the party examining the bankrupt or witness; for any copy of testimony, 10 cents per folio, to be paid by the jxirty ordering the same. 9. For copies of orders, or other papers, 50 cents; if exceeding one page, 25 cents additional for each page, to be paid by the party ordering. 10. Clerical aid in receiving, endorsing, filing, recording and preserving proofs of claims, to be paid by each creditor on the allowance of claim, 50 cents. 11. A deposit of $5 with the Clerk at the time of filing the petition, and of $15 with the Referee at the time of appearance before him, to meet the foregoing expenses fixed by this rule, shall be required in all cases, the same to be refunded out of the assets of the estate. RULE XXI. Special Order of Judges. In matters not specially provided for by the Bankruptcy Act of 1898, the general orders, or thes^ rules, the practice of the District Court shall be subject to the special order of the District Judge, wdiich order shall be followed, even though it may conflict with these rules. ALLEGHENY COUNTY DIST., W. D., OF PENNSYLVANIA. 801 REFEREE'S RULES IN BANKRUPTCY. In the Allegheny County District, Western District of Pennsylvania. In addition to the general orders and rules of the District Court, tlie following rules are hereby adopted and prescribed for the regulation of proceedings in bankruptcy in Allegheny County District of Western District of Pennsylvania, pursuant to Eule 1 of the District Court. These rules shall yield to any special order hereafter prescribed. WILLIAM R. BLAIR, Referee in, BanJcruptcy for Allegheny Coiinti/ District. RULE I. Time and Place of Proceedings. Unless otherwise ordered, all proceedings in bankruptcy shall be held at the office of the Referee, Room 25, St. Nicholas Building, 450 Fourth avenue, Pittsburgh, Pennsylvania. Tuesday and Friday from 10 a. m. to 12 m. in each week shall be the regular days for motions and hearings where no testimony is to be taken. No motions or arguments will be heard on any other day except for special reasons. At all other times than Tuesday and Friday mornings, the regular order of business of the Court before the Referee, shall be, meetings of creditors and hearings for the purpose of taking testimony, as ilaay be fixed by special order of the Referee. RULE II. Files and Records. Tlie office of the Referee shall be open for tlie filing of papers, and the files and records must be open for public inspection on all days, not holidays or half holidays, between the hours of 10 a. m. and 3 p. m. No paper or record shall be taken from the office of the Referee for any purpose whatever, except on a written order of the Referee, and in that event such order shall be left in place of the paper or record so taken as a voucher therefor. RULE III. Appearances. Appearances shall be entered by filing with the Referee a written praecipe stating ihe name and residence of the party for whom appearance is entered, and the amount of claim if for a creditor. If the appearance is special, the special pur]iose shall be set forth fully in the praecipe. No appearance for a creditor other than special shall be entered or noted, until the proof of debt of such creditor shall have been filed for allowance. An appearance by any person other than by a party in person, or by an attorney-at-law of the District Court of the United States for the Western District of Pennsylvania shall be accompanied by a letter of attorney substantially in the form No. 20 attached to the general orders which shall be filed with the praecipe. Any attorney-at-law of the Court may be required by the Referee to file a letter of attorney authorizing his appearance, and the Referee may refuse to allow an attorney who is unable to produce written evidence of his authority to participate in further pro- ceedings in the case until such written evidence is filed. RULE IV. Preparation of Papers. All bonds, orders, dividend sheets, reports, returns and other papers shall be pre- pared by the attorney for the estate or bankrupt appearing in person. All such papers fihall be written, typewritten or printed on white paper of the size of legal cap, and shall be endorsed as provided in Rule 12 for the District Court in Bankruptcy. 802 ALLEGHENY COUNTY DIST., W. D., OF PENNSYLVANIA. RULE V. Notices. All notices of petitions for interlocutory orders shall be given by the petitioner unless otherwise specially ordered by the Referee. RULE VL Practice on Amendments; Bringing in New Parties, etc. Section 1. Prior to the time set for, or before the transaction of any other biisiness at the first meeting of creditors, a petition and schedules or other papers may be amended and new parties brought in, as of course and without notice, unless other- wise ordered. Except as hereinbefore in this rule provided, at or before the first meeting of creditors, a petition and schedules or other papers shall not be amended in any material matter, except on an application, made either at a stated meeting or hearing (or upon motion) and cause shown, after due notice to the adverse party or the creditor or other party in interest to be afTected thereby. In case the amendment will add a party to the proceeding, such party shall be entitled to notice of the motion, and any meeting already noticed may be adjourned for that purpose. If publication is begun or is completed when the motion for the amendment adding other parties is made, further publication as to such other parties may be dispensed with. Section 2. All applications for amendments shall be made by a verified petition addressed to the Referee, and the amendments desired shall be set out in separate schedules or paragraphs, and in such way as to bring them clearly to the attention of the Referee. Similar schedules or paragraphs shall also be incorporated in any order granting amendments. Copies of orders which amend a petition and schedules, dirly certified by the Referee, shall be forthwith file^' with the Clerk, and, if then appointed, with the Trustee. RULE VIL Creditors' Meeting. The order of business at all creditors' meetings, unless a special order is made to the contrary, shall be as follows: (1) Consideration of proofs of debt; (2) Choice and appointment of trustees; (3) Examination of the bankrupt on oath; (4) Special motions. Only creditors whose claims have been allowed or attorneys authorized to represent such creditors may take part in the choice of the Trustee. RULE VIII. Filing and Allowance of Proofs of Debt. Section I. Proofs of debt filed for allowance must conform to section 57 of tlie Act, and to General Order XXI. Claims which are not properly proven will be marked suspended, and will not be taken up again except on special request or motion. The Referee will not notify creditors of the allowance, disallowance or suspension of claims except in answer to verbal or written requests. Claims which are objected to or con- tested will be considered and allowed or disallowed as soon as possible after the objection or contest is noted. Such objection or the ground of such contest, must, if required by the Referee, be reduced to writing, verified and filed. Testimony on con- tested claims may be heard at any time if the adverse parties are present or repre- sented, provided such hearing shall not interfere with the regular order of the day, and such adverse party is present or represented, otherwise only on notice to the Trustee, or, if he is the moving party, on notice to the claimant or his attorney. Section 2. Claims upon which a judgment has been recovered shall be proved as secured claims; if the claimant so desire he may add to the proof in such cases a ALLEGHENY COUNTY DIST., W. D., OF PENNSYLVANLl. 803 waiver and release of any lien or security resulting from such judgment, and in case of such waiver and release the claim may be allowed by the Referee as an unsecured claim. Section 3. In cases where a claimant has several claims of the same class, as for instance, several promissory notes or promissory notes and a book account, the claims shall be embodied in one proof of debt, and in such cases a brief itemized statement of the claim shall be contained in or attached to the proof of debt; but claims of different classes, as for instance secured claims and xinsecured claims, shall not be contained in the same proof of debt. RULE IX. Examination of Bankrupt. Section 1. The bankrupt shall attend on the day set for the first meeting of his creditors, and on the day set for tlie final meeting of creditors. He may be briefly examined in the regular order on the call of the case, but if such examination will last more than fifteen minutes, or if other witnesses are to be called, the meeting shall he continued to some other day and hour, to be fixed by the Referee. Section 2. In case the creditors do not desire to examine the bankrupt at the first meeting or at tlie adjournment thereof, an order for examination will be granted by the Referee on motion by tlie Trustee or any Trustee or any creditor whose claim has been allowed. Notice of such examination shall be given as required by section 58, of the Act of July 1, 1898, by the Trustee or creditor obtaining such order and proof of such notice shall be filed with the Referee at or prior to the time fixed for said examination. After an examination ordered and held as aforesaid, another exami- nation of the bankrupt will not be ordered, except upon cause shown. RULE X. Perpetuation of Testimony. Section 1. The examination of the bankrupt and of any witnesses at meetings of creditors or otherwise and all testimony oft'ered on contested claims, or for any other purpose, will be taken down by the official stenographer in the form of question and answer and transcribed, signed and filed of record with the Referee. The expense of thus perpetuating testimony will be at the rate of ten cents (10c) a folio for both copies and shall be paid as follows: Where there are no assets for one reasonable examination in one day, by the bankrupt, and thereafter by the creditor or party in interest for whose benefit or at whose request such examination or testimony is had or taken; where there are assets, as may be ordered by the Referee in each particular case. Section 2. After the testimony has been transcribed, the attorney calling the witness examined, sliall notify said witness to appear before the Referee, that such testimony may be signed as provided in General Order XXII. RULE XI. Duties of Appraisers. Appraisers shall within ten days after their appointment, imless such time be extended by the Referee, file their report substantially in tlie form known as Form No. 13, and they shall also include in the report a schedule of the property claimed as exempt by the bankrupt, with the value of each item or article thereof. 804 ALLEGHENY COUNTY DIST., W. D., OF PENNSYLVANIA. RULE XII. Miscellaneous Provisions as to Trustees. Section 1. Trustees' bonds shall conform to Form No. 25, but such bonds shall be properly entitled in the proceeding; the principal, and sureties thereon, sliall duly acknowledge the execution thereof, and the sureties shall justify in the penal sum of the bond by making and filing with the bond an affidavit substantially as follows: Western District of Pennsylvania, County of Allegheny, ss. : of being duly sworn, says that he is one of the sureties to the annexed bond, that he is a resident of and that he is worth the sum of over and abov« all his debts and exemptions and liabilities, which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution. Subscribed and sworn to before me this day of , 19 . Section 2. The Trustee shall attend all examination of the bankrupt held after he shall qualify, and all meetings of creditors, and it shall be the duty of the attorney of the estate to notify him of such examinations and meetings. Section 3. It shall be the duty of the Trustee in cases which show no assets, and where no examination of the bankrupt has been asked, to carefully examine the bankrupt as to his acts and property, and to report any pertinent facts which may appear on such examination. Section 4. If the Trustee is satisfied that there are no assets that can come into his hands for administration, he shall forthwith report no assets; and ask for his discharge. If in a case claimed to show no assets, lie shall be in doubt, or if he shall be of the opinion that there are assets in such an estate, he shall forthwith report the facts by petition, asking for instructions. Section 5. If the Trustee is satisfied tliat there are assets in the estate which have no value or the assumption of which would prove a burden to the estate, it shall be his duty forthwith to report the facts by petition asking for instructions. Section 6. It shall l)e the duty of tTie Trustee of an estate wliicli sliows assets to examine all claims filed at least once in every thirty days and if the same are found improperly proved or in any way so deficient as to prevent their allowance if not contested, to notify the creditors filing such claims of such deficiencies and ask tliat the same be proved as provided in section 57 of the Act and General Order XXI, at a time to be fixed by the Heferee. Section 7. All reports and returns made by the Trustee shall be verified. RULE XIII. Setting off Exemptions. Section 1. Where there is no Trustee appointed, the exemptions claimed by the bankrupt may be set off to him at the time the order to that efl'ect is signed, and, in that event, tlie following clause shall be inserted in Form No. 27 : "And it appearing that the said bankrupt is entitled to the exemptions claimed in the schedules accompanying the petition herein, it is further ordered that the property claimed in said schedules, being exempt pxirsuant to Act of Assembly of the ALLEGHENY COUNTY DIST., W. D., OF PENNSYLVANIA. 805 Commoiiwoalth of Pennsylvania (approved April 9, 1849, P. L. 533), and its supple- ments be, and the same hereby is, set oil" to the said , the bankrupt." Prior to asking for such order, the bankrupt shall satisfy the Peferee, by affidavit or otherwise, as to the value of such exemptions, and that he is entitled to the same. Section 2. Reports of trustees of articles set apart by them as exempt to the bankrupt's, shall at the time tliey are filed be confirmed nisi by the Referee, and said confirmation shall become absolute in twenty days without further order, unless exception be in the meantime filed thereto, in accordance with the General Order XVII. RULE XIV. Hearings on Special Reference. On receipt of a special order of reference the Referee will, on motion of any party interested, fix a day on wliich the parties shall appear before him and proceed with the reference; notice thereof, as directed by the Referee, shall be given to the adverse parties by the party at whose instance the time is fixed. If testimony is taken upon said reference, it shall be taken, transcril)ed, and paid for, in the same manner, and at the same rate by the moving party as is prescrilied in Rule 10 of these rules. [Rules for Western District of Pennsylvania and Referee's Rules in Allegheny county are taken by permission from " Campbell's Federal Rules ".] DISTRICT OF MARYLAND. RULE I. Forms of Pleadings, etc. All pleadings, petitions, proofs of claims and orders filed in bankruptcy proceedings shall be typewritten, printed or legibly written without blots, interlineations 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 principal place of business, if any, has been during the preceding six months, or the greater part thereof; and tlie schedules, as respects creditors in cities of 50,000 inhabitants or more, should state the street and number of their last known residence or place of business, if known; if not known, that fact must be stated. Full sets of schedule blanks must ba 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 scliedule 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 trijjlicate, duly signed and sworn to, as required for tlie originals. RULE II. 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) $3 00 For each notice above 20 15 3. For clerical aid in preparing advertisement, of nrst meeting, keeping register, files, and records including stationery, envelopes, printing, messages and all petty expenses 4 00 4. For certifying question to Judge for review with necessary record 3 00 5. For each day necessarily spent (provided it is by order of court or upon request of creditors) by Referee out of the county of liis residence for first or other meeting of creditors 5 00 6. For copies of orders or other i)apers, 50 cents eacli : if exceeding one page 25 cents additional for each page, to be paid by the party ordering. RULE IIL Appointment of Appraisers. Pursuant to section 38, sub-section 4 of the Act of Congress entitled "An act to establ.sh a Uniform System of Bankruptcy throughout the United States," approved [S06] RULES IN DISTRICT OF .MARYLAND. 807 July 1, ISOS, the court does hereby prescribe that in addition to tlie oilier duties of tlie Referees in Banlcruptcy, of this court under said Act, they shall appoint appraisers to appraise the real and personal property belonrjing' to bankrupt estates, as required by section 70, sub-section B of said Act, and fix their compensation. RULE IV. Ratification of Sales. At least ten days' notice, l)y mail, sliall 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 Bankruptcy, 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. \Yith 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 tliis rule. 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 tlie 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. 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 ratifi- cation 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 the 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. RULE VI. Examination of Bankrupt. 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 con- ducted by the creditors or their counsel, or by the Referee sitting in the case; and sa'd examination shall be sufficient in extent to enable the Referee to determine whether tho bankrupt has complied with the law in all particulars. 808 RULES IN DISTRICT OF JVIARYLAND. RULE VII. Duties of Trustees and Receivers. It shall be the duty of every Receiver and Trvistee 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 Bank- ruptcy, said Receivers or Trustees shall ea.ch sign and append to every return a certifi- cate 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 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 bring 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 affidavit 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 appointment 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 ueen 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 five days thereafter why they should not be removed. It shall be the dutv' of all Trustees in Bankruptcy to report to the court, in writing, the condition of estates, amounts of money in hand, and such other details 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 bankruptcy, 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 Receivers or Trustees, as the case may be, by mail, that unless said report or statement shall be filed by tliem 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 office. RULE VIII. Rule VIII rescinded by order of court passed 20th February, 1014. RULES IN DISTRICT OF MARYLAND. 809 RULE 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. RULE X. Deposits and Withdrawals of Money by Receivers. It shall be the duty of Receivers appointed by this court to deposit all moneys 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 is drawn. RULE XT. Premiums on Bonds. Whenever Trustees or Receivers are required to give a bond with security and the same shall be given with a sixrety company as surety, and shall be approved, then tlie jjremiums paid or to be paid for such bond and for the renewals thereof, if reason- able, may be allowed by the Referee as jDart of the expenses of the administration 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. RULE XII. It is ordered by the District Court of the United States for the District of Maryland, this second day of July, 1915, that with the petition for confirmation of a composition the debtor and his attorney shall file an affidavit or affidavits, which, shall show each and every amount of money, articles or other consideration paid theretofore, or promised or agreed to be paid then or at any subsequent time, directly or indirectly to any person, as fees or otherwise in the furtherance of. or having any relation whatever to said composition, except the money or consideration specifically set forth in said composition offer to be paid to creditors. If any moneys or other consideration has been or is to be paid, directly or indirectly, in the furtherance of any composition to any Receiver, Trustee, solicitor for a Receiver or Trustee, or solicitor for the petitioning or other creditors, there shall likewise be filed by each of them, to whom such payment has been or is to be made, an affidavit or affidavits, setting forth the amount thereof, and how and when it has been or is to be made, and the purpose thereof. Brief notice of said amount, articles or other consideration, if any, shall be sent to all creditors in tlie notice of the return of the rule to show cause why said composition should not be confirmed. SUPREME COURT OF THE DISTRICT OF COLUMBIA. RULE I. Petitions. Petitions shall state the full name of the debtor, where he has resided, including the street and number, if any, his principal place of business, if any, during the preceding six months, or the greater part thereof. Petitions by one or more of several partners 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. RULE II. Schedules. Schedules shall be filed with the Clerk of the court, and should be prepared upon printed forms and should state the street and number of the residence, or place of business, so far as known, of creditors. When a partnership and the individual members thereof are adjudicated bankrupt, separate schedules shall be filed of partner- ship and individual assets and liabilities. RULE III. Petitions in Forma Pauperis. In case a petition is filed by a proposed voluntary bankrupt accompanied by an affidavit under subdivision 2 of 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 provided for by the Bankruptcy Act. The Clerk may request the Referee to examine into the truth of such affidavit, or the Referee may, of his own motion, make such an examination. If upon examination the Referee finds that the bankrupt is not entitled to be relieved from payment of the filing fees, the Referee shall order him to pay such fees within a specified time. If the bankrupt fails to comply with the Referee's order such fact shall be certified by the Referee to the Judge, for dismissal of the petition, as provided in General Order XXXV (4) in Bankruptcy. RULE IV. Reference of Cases. Cases shall be referred to the several Referees in rotation unless o'^/herwise specially ordered by the Judge. RULE V. Protection of Property Pending Election of Trustee. Upon an adjudication of bankruptcy the attorney for the bankrupt shall assume responsibility for the care and protection of the assets of the bankrupt until the election of a Trustee, or the appointment of a Receiver, unless otherwise ordered by the court, and any action taken by such attorney for such conservation shall be considered in t'etermining his compensation as attorney for the bankrupt. [810] RULES IN SUPREME COURT DISTRICT OF COLUMBIA. 811 RULE VI. Trial. In involuntary cases where an answer is interposed denying insolvency or acts of bankruptcy, the issues may be brought to trial on a day to be set by the Judge upon motion. A jury for such trial shall be procured as provided by law Rule 53. RULE VII. Motions. Bankruptcy motions shall be placed on the motion calendar of the particular diTision hearing bankruptcy matters. RULE VIII. Publication. Notices required to be published by the Bankruptcy Act shall be published once only, unless otherwise ordered. RULE IX. Newspapers. The following newspapers are designated, in pursuance of section 28 of the Bank- ruptcy Act, for publication of notices: The Evening Star. The Washington Herald. The Washington Post. The Washington Times. RULE X. Depositories. Banking institutions as depositories for moneys of bankrupt estates shall be desig- nated by orders entered for that purpose, and the Clerk shall keep a list of authorized depositories open to the inspection of the public. RULE XI. Application for Discharge. An application for discharge on behalf of bankrupts shall be jfiled with the Clerk of the court and shall be forthwith delivered to tlie Referee before whom the cause is pending. Upon receiving the application the Referee shall fix a time for hearing and notify creditors and all parties in interest thereof and that if they purpose to oppose such application an appearance must be entered in the Clerk's office on or before the time fixed for such hearing. Notice of the hearing shall be given by mail at least thirty (30) days prior to the date set therefor to each creditor and party in interest entitled to notice of proceedings, and by publication in one of the newspapers designated by these rules, not later than five (5) days prior to such fixed time. If no appearance in opposition to the application for a discharge is filed the Referee shall return to the Clerk of the court the application with his certificate showing that due notice of the filing of such application has been sent to creditors and all parties in interest, as herein provided, and further certifying whether the bankrupt has complied with the requirements of the Bankruptcy Act so far as it is known to the Referee. If an appearance in opposition is filed the Referee shall retain the matter until the expiration of the ten days allowed for the filing of specifications of grounds of 812 RULES IN SUPREME COURT DISTRICT OF COLUMBIA. opposition, and at the expiration of tliat time shall send to the Clerk the application for the discharge. If an appearance in opposition to the discharge is filed, followed by specifications of the grounds of such opposition, the Judge may fix the time for hearing the issues thus presented, or refer the same to the Referee for hearing and report. If no opposition to the application for a discharge is filed, or if filed no specifications in support thereof are filed, within the time allowed by law, the application will be for hearing by the Judge without further notice to the parties. Specifications in opposition to a discharge shall be filed with the Clerk and shall be verified in the same manner as bills in equity by the party making the same. Each ground of opposition shall be numbered and contain a clear and concise statement of the facts, without repetition, relied on as grounds to defeat the discharge. RULE XII. Composition Before Adjudication. All orders staying adjudication of bankruptcy for the purpose of composition shall be signed by the Judge. The order staying the adjudication shall refer the cause to a. Referee to take such proceedings as are required by law. Upon an offer of composition being duly made the Referee shall give notice to each creditor of the terms of composition and of the time when such composition will be considered and voted on, by mailing such notice at least three days prior to the time fixed for such purpose. Upon the acceptance of the composition, as required by law, the consideration and money is necessary to consummate the composition shall be deposited, as directed by the Judge, and thereupon the Referee shall report to the Judge, showing the number of creditors of the bankrupt, the amount of imsecured indebtedness due by said bankrupt, the niunber of claims proven before him and the number of creditors and the amount of indebtedness represented by those voting for and those who voted against the composition and his recommendations in the matter. Application for confirmation of the composition shall be filed with the Clerk. The Judge shall fix a time for hearing thereon, of which the Referee shall give notice as required by law. If the terms of the composition be rejected the Referee shall report such fact to the court so that the cause may be regularly proceeded with. RULE XIII. Composition After Adjudication. If the bankrupt desires to offer terms of composition after adjudication he shall file his proposal with the Referee, and thereupon the matter shall be proceeded with as hereinbefore provided. Upon the confirmation of a composition the Referee shall have and retain juris- diction of the cause for allowing and disallowing claims and for the making of all necessary orders for carrying out the terms of the composition. RULE XIV. Powers of Attorney. Attorneys and other persons representing creditors of the bankrupt shall not be allowed to vote at meetings or to receive dividends unless they are named in a power of atto'ney executed by the creditors represented by them authorizing them so to do. RULES IN SUPREME COURT DISTRICT OF COLUMBIA. 813 RULE XV. Dismissal of Petition. When an application for the dismissal of a voluntary or involuntary petition is filed, as contemplated by section 59 of the Bankruptcy Act, before a reference to the Referee, the Clerk shall refer such application and petition to the Referee to whom said case would have been referred for the purpose of giving notice to creditors. It shall thereupon be the duty of the Referee to require the bankrupt to file within five days a verified list of all the creditors with their respective post-ofliice addresses, unless said list has theretofore been filed. And immediately on receipt of such list, the Referee shall, by notice in writing mailed to all the creditors, as shown by schedules or verified list of creditors on file, notify all creditors of the filing of the petition in bankruptcy and application to dismiss same, and that the same will be dismissed after ten days from that date, unless objection thereto is sooner presented to him. The Referee shall file a certificate with the Clerk showing that such notice has been given, and the Judge will enter the proper order. If an application to dismiss a petition, or the proceedings in bankruptcy, is made after reference of the case to the Referee, the same shall be filed with the Referee who shall give ten days' notice thereof by mail to all creditors, and upon the hearing of such application shall make such order with reference to same as shall be proper and authorized by the Bankruptcy Act. RULE XVI. 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 have been referred) within the time specified under section 55 of the Bankruptcy Act, and should the bankrupt, after notice from the Referee, as provided by General Order X in Bankruptcy fail to advance or have advanced, the costs necessary for calling such meeting within the time aforesaid, the Referee shall certify such facts to the Judge for the dismissal of the proceedings in bankruptcy for failure to prosecute. RULE xvn. Auctioneers. Auctioneers desiring to be designated to make sales of the assets of bankrupt estates shall make application to the Judge, setting forth their facilities for handling business of that character. Upon the Judge's approval of such application an order will be passed placing the name of the applicant in the list from which auctioneers may be selected. An auctioneer upon being so designated, and before acting as such, shall file with the Clerk of the covu-t a bond to the United States, in the penal sum of $10,000, with surety or sureties to be approved by the Judge, conditioned that such auctioneer will account for and pay over to the person or persons entitled to the same all moneys coming into his hands by reason of his employment. The fees and compensation to be paid auctioneers for their services in arranging the property for and conducting sales shall not exceed five (5) per centum of the gross amount for which such property is sold. Any person entitled to a vote at a meeting of creditors may, where an auctioneer is to be employed, require that sealed bids be submitted by auctioneers bonded under this rule, and Referees are directed to appoint the auctioneer submitting the lowest bid. 814 KULES IN SUPREME COURT DISTRICT OF COLUMBIA. RULE XVIII. Sales of Real Estate. All petitions for the sale of real estate shall be filed with the Referee who shall thereupon call a meeting of creditors to consider the same and the Referee shall report to the Judge tlie action of the creditors at said meeting. All sales shall be reported to and ratified by the Judge. RULE XIX. Receivers' Reports and Accounts. Immediately upon the appointment and qiialification of a Trustee the Receiver shall turn over to said Trustee all the money and property in the Receiver's possession, taking the Trustee's receipt therefor. Receivers are required to file their reports and accounts within ten (10) days after the election of the Trustee, unless such time be extended by the Judge upon proper application and showing. The Referees are directed to enforce this rule. If no exceptions to such reports and accounts are filed within ten (10) days after the filing of said reports and accounts, such accounts shall be approved, and the receivers discharged bj' the Judge. RULE XX. Bank Deposits of Receivers and Trustees. Receivers and Trustees shall deposit all moneys coming into their possession in one of the designated depositories as Receivers or Trustees of the particular bankrupt estate as follows: " Receiver or Trustee (Name of Receiver or Trustee.) of Bankruptcy Xo " (Name of Bankrupt) RULE XXI. Warrants and Checks. The Referee before whom a case is pending is designated as the one to countersign 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. Dividend checks and receipts shall be in the following form: IN THE SUPREME COURT OF THE DISTRICT OF COLUIMBIA Holding a Bankruptcy Court. In the matter of "^ > In Bankruptcy No Bankrupt. No Washington, D. C 19 . . . The National Bank. Pay to the order of or as attorney for , (Creditor) (Creditor) the sum of dollars, being a dividend of per cent ( %) on claim allowed in the above proceeding. Trustee. Countersigned : KULES IN SUPREME COURT DISTRICT OP COLUMBIA. 815 Referee in Bankruptcy. Receipt. (Do not detach. If detached this check will not be honored.) $ No 19 Received of trustee of .a bankrupt. the sum of dollars, bein^ in full of the dividend of per cent ( % ) on claim allowed in the proceeding of such bankrupt. (Creditor's signature or signature of attorney as a'torney for creditor.) RULE XXII. Attorneys. Receivers and trustees shall be authorized to employ attorneys only upon an order passed by the Judge designating such attorneys, upon a petition filed setting forth the necessity for such employment. RULE XXIII. Trustee's Report of Debts Entitled to Priority of Payment. Trustees shall ascertain and report to the Referee, before any dividend is ordered, all debts which it is claimed are entitled to prioritj^ of payment. RULE XXIV. Filing and Reference of Final Reports and Accounts of Trustees. The final reports and accounts of trustees in all cases where there are funds on hand for distribution shall be filed with the Clerk of the court, and an order shall be passed by the Judge appointing the Referee a special master to audit the account of the Trustee and to consider all petitions for fees and allowances. Xo other reference shall be made to the Referee as a special master except in petitions in reclamation. RULE XXV. Fees and Allowances to Receivers, Trustees, and Attorneys. Receivers, trustees, attorneys for receivers, trustees, petitioning creditors, and the bankrupt, in presenting their claims for allowances shall file with the Referee a verified itemized statement of every item of service for which they claim compensation, stating fully and particularly the character of the services, the length of time necessarily con- sumed, and their estimate of its value. In the notice of the final meeting of creditors (which notice shall be mailed in each and every case) the Referee shall state the amounts of the claims for allowances and that a hearing will be had thereon at such final meeting. At the final meeting of creditors, all petitions for fees and allowances shall be con- sidered by the Referee as a special master, and he shall at such final meeting announce his findings and recommendations, which shall later be incorporated in his report to the Judge. The final dividend, if any, shall at such meeting be declared subject to the approval of the Judge. The Trustee shall within five (5) days after the Referee files his report present the same to the Judge for his action, after giving at least two (2) clear days' notice of the time at which he intends to present such report to any persons objecting at such final meeting to the findings announced by the Referee. 816 RULES IN SUPREME COURT DISTRICT OF COLUMBIA. The Referee shall state in his report the amount stated by the Trustee as on hand; the total amount of previous dividends, the amount of priority claims, and the amount found to be distributable as a final dividend. Upon final action by the Judge on the report of the Referee the Referee shall pre- pare a dividend sheet and deliver the same to the Trustee. RULE XXVI. Trustees' Supplemental Reports. All trustees shall file a supplemental report after distribution is complete, and vouchers signed by the creditors and others shall be filed therewith. Upon the filing of such report with vouchers, if found to be correct, the Referee shall pass an order dis- charging the Trustee. RULE XXVIL Referee's Record Book. Referees shall keep minutes of all meetings of creditors and other proceedings before them and shall post in their docket all claims filed for allowance, and when such claims are allowed indicate that fact by stamping such claims " allowed." At the close of each case the Referee shall file in the Clerk's office a certificate that the case is closed and his record book, together with all papers filed with him. Such record book shall consist of a flat file record between covers substantially fastened. Wlien such record book shall be so filed, it shall be the duty of the Clerk to file in a similar form such other papers in the case as have been filed in his office. RULE XXVIII. Powers Delegated to Referees. The referees heretofore or hereafter appointed are hereby respectively vested with the jurisdiction which, by Bankruptcy Law and the general orders of the Supreme Court of the United States, 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, except: 1. The appointing of receivers, of attorneys for receivers, and of attorneys for trustees. 2. The granting of injunctions. 3. Directing the sale of real estate or perishable property, or the sale of real or personal property free from lien. 4. The settlement of fees and allowances. RULE XXIX. Reimbursement for Expenses of Referee. The Referee shall be entitled to charge the sum of 10 cents for each notice to cred- itors sent in compliance with law in each case by way of reimbursement for the expenses of oflice rent, clerk hire, stationery, telephone service, etc., incident to the conduct of his olfice. RULE XXX. Appointment of Appraisers. In addition to the other duties of referees prescribed by the Bankruptcy Act, they shall appoint appraisers to appraise the real and personal property belonging to the bankrupt estate. In all appraisements, the Referee shall select one auctioneer and two RULES IN SUPREME COURT DISTRICT OF COLUMBIA. 817 persons who have liad experience, or who are engaged in, tlie line of Imainess relating to the assets comprising the bankrupt estate. No person connected in any way with the office of a Referee shall be appointed as an appraiser. RULE XXXI. Review of Referee's Rulings by Judge. \Yhen a bankrupt, creditor, trustee or other person shall desire a review by the Judge of any order made by tlie Referee, he shall file wdtli the Referee his petition therefor within ten (10) days after the date of such order, ruling or decision. A petition for review shall set forth specifically the error complained of. The Referee shall forthwith certify to the .Judge the question presented, a summary of the evidence relating thereto and the findings and order of the Referee thereon. The Referee may accompany such certificate with a statement of his reasons for the order, ruling or decision complained of. A failure to comply with this rule shall be held a waiver of the right of review, unless on special order thereafter made by the Judge or Referee. RULE XXII. Fees of Referee and Trustee. The fees deposited with the Clerk for the services of the Referee and Trustee shall be paid by the Clerk on the Referee's report that the case is closed. RULE XXXIII. Summons. All summons for the attendance of witnesses shall be signed and issued by the Clerk and be served by the marshal of this court. RULE XXXIV. Intervening Petition. No motion by an intervener for the appointment of a Receiver on behalf of the intervening creditors, shall be entertained imless one clear day's written notice of the motion has been given to the attorney for the petitioning creditors. RULE XXXV. Premium on Bonds. Whenever a Trustee or Receiver is required to give bond 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 renewal thereof, if reasonable, may be allowed by the Referee as part of the expense of administration of the estate; and the amount of such premium paid or to be paid sliall be endorsed on the bond before approval by the Referee. RULE XXXVI. Instructions to Referees. 1. Referees are directed to exercise an active supervision over trustees to prevent delay in the settlement of estates. The provisions of section 47 of the Bankruptcy Act, requiring that trustees make reports every two months, and of section 65, requiring dividends to be paid within thirty days after the adjudication, if there is suflicient money applicable thereto to pay same, and thereafter whenever there is sufficient money to pay a dividend of 10 per cent should be strictly enforced. If any 818 RULES IN SUPREME COURT DISTRICT OF COLUMBIA. 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 tlie Trustee to show cause wliy he should not be removed. 2. 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 shall contain tlie title and number of the case, the date when it was referred, and a concise statement showing what substantial pro- ceedings have been had in the case, and why it has not been closed. 3. Attention is called to section 38 (5) of the Bankruptcy Act, which provides tliat stenographers' compensation shall not exceed ten cents per folio for reporting and transcribing the proceedings. Creditors, receivers, trustees and attorneys should cons^ult with referees as to the proper forms to be used and as to matters of procedure. These rules shall be in force on and after April 26, 1915. Amendments to the Bankruptcy Rules. By order of the Supreme Court of the District of Columbia, in general term, promulgated March 15, 1916, the Bankruptcy Rules were amended as follows: " In place of the existing fourth paragraph of Rule 12, a paragraph shall be inserted thus : "Application for confirmation of the composition shall be filed with the Clerk. Tlie Judge shall fix a time for a hearing thereon before the Referee as a special master, whi> shall report his findings and recommendations, together with any objections tliat may be offered to confirmation, for the consideration of the Judge. "In place of the existing Rule 24, insert a new rule which reads as follows: " The final reports and accounts of trustees in all cases where there are funds on hand for distribution and, in special cases of long duration, other accounts, shall be filed with the Clerk of the court, and an order shall be passed by the Judge appointing the Referee a special master to audit the account of the Trustee and to consider all petitions for fees and allowances. Xo other references shall be made to the Referee as a special master except in composition cases and on petitions in reclamation. "In Rule 25, insert an additional paragraph to read as follows: " In any special case of long duration, but not more than one time in any one year, the Trustee in such case may file a report and account with the Clerk and a reference similar to that provided for in Rule 24 may be had. The Referee shall thereupon call a meeting of creditors as set forth in paragraph one hereof, and the procedure with respect to findings, report, exceptions and confirmation shall be the same as herein provided witli respect to the final report and account of tlie Trustee. " By the Court: J. HARRY COVINGTON, Chief Justice.'' SOUTHERN DISTRICT OF OHIO. *RULE 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 assign- ment or insolvent proceedings under the laws of a State. The petitioner shall also aggregate the liabilities set fortli in liis schedule in bankruptcy. RULE XV. Payment of Fees. The Clerk shall pay to the Referee the fifteen dollars 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 five dollars deposited with the Clerk sliall 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. Wliere there are no assets the case shall be deemed closed, for the purpose of payment of said fees to the Referee and Trustee, wlien a discharge has been granted or refused to the bank- rupt. 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. RULE XVI. Newspapers Designated. Tlie following newspapers are hereby designated in pursuance of section 28 of the Bankruptcy Act: WESTERN DIVISION. Adams county Adams County Record West Union. Brown county The Bee Ripley. Butler county Tlie Republican News Hamilton. Champaign county The Citizen's Gazette Urbana. Clark county The Sun , . Springfield. Clermont county The Courier Batavia. Clinton county The Journal Wilmington. Darke county The Weekly Tribune Creenville. Greene county The Gazette Xenia. Hamilton county The Court Index Cincinnati. Highland county The Herald News Hillsboro. Lawrence county The Register Ironton. ]\Iiami county The Buckeye Troy. Montgomery county .... The Dayton .lournal Dayton. Preble county The Register Eaton. Scioto county The Blade Portsmouth. Shelby county Tlie Journal Gazette Sidney. Warren county The Western Star Lebanon. [*Note Rules I-XIII do not refer to bankruptcy proceedings.! [819] 820 RULES IN SOUTHERN DISTRICT OF OHIO. EASTERN DIVISION. Athens county The Messenger-Herald Athens. Belmont coiinty .■ The Belmont Chronicle St. Clairsville. Coshocton county Coshocton Age Coshocton. Delaware county The Gazette Delaware. Fairfield county The Lancaster Gazette Lancaster. Fayette county Record-Republican Washington C. H. Franklin county The Ohio State Journal Columbus. Gallia county The Gallia Times Gallipolis. Guernsey county The Republican Press Cambridge. Harrison county The Cadiz Republican Cadiz. Hocking county The Journal- Gazette Logan. Jackson county The Sun Jackson. Jefferson county The Herald-Star Steubenville. Knox county The Republican News Mt. Vernon. Licking county The American Tribune Newark. Logan county Index-Republican Bellefontaine. Madison county The Enterprise London. Meigs county The Tribune-Telegraph Pomeroy. Monroe county Monroe Republican Woodsfield. Morgan county The Herald McConnellsville. Morrow county The Sentinel Mt. Gilead. Muskingum county The Courier Zanesville. Noble county The Republican Journal Caldwell. Perry county The Tribune New Lexington. Pickaway county The Union-Herald Circleville. Pike county The News Waverly. Ross county Scioto Gazette Chillicothe. Union county The Tribune Marysville. Vinton county The Republican McArthur. Washington county .... The Register Marietta. RULE XVII. 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 county Citizens National Bank Ripley. Butler county First National Bank Hamilton. Champaign county National Bank of Urbana Urbana. Clark county Lagonda National Bank Springfield. Clermont county First National Bank Batavia. Clinton county First National Bank Wilmington. Darke county Farmers National Bank Greenville. Greene county Xenia National Bank Xenia. Hamilton county The Atlas National Bank Cincinnati. Highland county Farmers and Traders Bank Hillsboro. Lawrence county First National Bank Ironton. Miami county Troy National Bank Troy. Montgomery coimty .... Third National Bank Dayton. RULES IN SOUTHERN DISTRICT OF OHIO. 821 Preble county Preble County National Bank Eaton. Scioto county Portsmouth National Bank Portsmouth. Shelby county First National Exchange Bank Sidney. Warren county Lebanon National Bank Lebanon. EASTERN DIVISION. Athens county First National Bank Athens. Belmont county First National Bank St. Clairsville. Coshocton county Delaware county Delaware County National Bank Delaware. Fairfield county Hocking Valley National Bank Lancaster. Fayette county The Midland National Bank Washington C. H. Franklin county Clinton National Bank Columbus. Gallia county First National Bank Gallipolis. Guernsey county Old National Bank Cambridge. Harrison county Fourth National Bank Cadiz. Hocking county First Bank Logan. Jackson county First National Bank Wellston. Jefferson county Commercial National Bank Steubenville. Knox county First National Bank Mt. Vernon. Licking county Peoples National Bank Newark. Logan county Peoples National Bank Belief ontaine. Madison county The Central Bank London. Meigs county Pomeroy National Bank Pomeroy. Monroe county First National Bank Woodsfieia. Morgan county Citizens Bank McConnellsville. Morrow county First National Bank Cardington. Muskingum county Old Citizens National Bank Zanesville. Noble county Noble County National Bank Caldwell. Perry county Perry County Bank Co New Lexington. Pickaway county First National Bank Circleville. Pike county Hayes, Jones & Co Waverly. Ross county First National Bank Chillicothe. Union county Peoples Bank Marysville. Vinton county Vinton County National Bank McArthur. Washington county .... First National Bank Marietta. RULE XVIII. 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. RULE 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 bankrupt's inability to make the deposit, a report thereof should be made to the Judge. 822 RULES IN SOUTHERN DISTRICT OF OHIO. RULE 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 involuntary cases the first hearing before the Referee shall be within fifteen days of the reference, at least ten days' notice of such hearing having been given. RULE XXI. Where no Referee or Newspaper. In case a petition is filed by or against a bankrupt who resides in any county wliere there is a vacancy in the office of Referee, or where the Referee is dis- qualified, absent, sick 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 bj* or against a bankrupt who resides in a county where there is no desig- nated 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. RULE 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 depository, imder General Order XXIX, unless otherwise specially ordered by Judge. RULE XXIII. Publication. Notices of application for discharge as provided for in section 5Sc of the Bank- rupt Act shall be by publication in the designated newspaper in each county, three times in the counties of Clark, Franklin, Hamilton and Montgomery, and twice in each of the other counties of tlie district, and the first publication shall be not less than ten days before the day fixed for the hearing of such application. RULE XXIV. Bankruptcy Districts. Each county in this district shall constitute a separate bankruptcy district in each of which one or more referees may be appointed. RULE XXV. Sessions of Court. Court will sit in bankruptcy as follows: In the Western Division at Cincinnati, on the last Monday of .January. February, iNlarch, 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. RULE 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. RULES IN SOUTHERN DISTRICT OF OHIO. 823 The decision of the Referee on such motion ?hall be fih'd witli tlie Clerk, and if the Referee decide that an injunction shall issue, an order to that effect may be made by the Judge. RULE XXVII. Hearing on Certificates. After a question has been certified by the Referee, pursuant to General Order Xo. XXVII, and as provided in Form Xo. 50, 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. RULE XXVIII. Conditions of Discharge. Xo discharge shall be granted to a bankrupt until the Referee has filed his final report, or a report showing that tlie 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. RULE 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 officers, and the probable costs of the proceedings, no Trustee shall be appointed by the Referee, or elected by the creditors. RULE XXX. Repeal of Former Rules. 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. RULE XXXt. Adopted August 3, 1911. On this day, August 3, 1011, it is ordered, which order shall be in force hereafter, as follows, to-wit: Unless specially authorized by the court, receivers and trustees in bankruptcy shall not retain as their attorney, tlie attorney of the bankrupt, of the petitioning creditors, of the person applying for the appointment of a receiver, or of any creditor, and trustees shall not retain as their attorney, any attorney who has obtained proxies or voted upon the election of such trustee, or who is the attorney for persons holding such proxies. DISTRICT OF INDIANA. RULE I. Adopted October 3, 1898 — Undertaking for Costs. All petitions by or against any person or corporation in bankruptcy shall, in addi- tion to the deposit of monej^ required by law, be accompanied by an undertaking with sureties approved by the Clerk, for the payment of such actual and necessary expenses as may be incurred for the publication of notices, travel of the Referee and Trustee, and the blanks, stationery and record books of the Referee in each case, and all such expenses shall be taxed as costs therein. RULE II. Adopted October 26, 1898 — Bond of Trustees. It is ordered that when the creditors of any bankrupt fail to select a trustee of his estate, it shall be the duty of the Referee before whom the proceedings are pending, to select a trustee and require of him to give a bond in a sum not less than the value of such estate as shown in the schedules. All bonds taken by a Referee shall be accompanied by a justification on the part of the sureties as required by law and a certificate of his approval thereof. RULE III. Adopted October 29, 1898 — Amended November 12, 1906 — Depositories. All banks organized under the laws of the United States and all banks and trust companies organized under the laws of the State of Indiana, in any Referee district, are hereby designated as depositories' for the funds in bankruptcy cases pending before the Referee therein, and any one of said banks or trust companies shall be authorized to receive such funds upon filing with the Clerk of this Court a bond in the sum of $5,000, witli sureties approved by said Referee. Trustees shall report their deposits as they are made in each case to the Referee before whom the same is pending, and their checks against such deposits shall be countersigned by him; and whenever the bankruptcy deposits in any bank or trust company shall equal or approximate the amount of its bond, it shall be the duty of said Referee to require of such bank or trust company an additional bond in an amount large enough to cover any further deposits that may be made therein. RULE IV. Adopted March i, 1899 — Solicitors' Fees. Ordered by the Court that all petitions for the allowance of solicitors' fees in any bankruptcy case shall be presented to the Referee in charge thereof, and there- upon evidence shall be taken by the Referee concerning the character and value of the services of the petitioner, and such evidence shall be forthwith returned into the Clerk's office with the finding and opinion of the Referee thereon and the recom- mendation of the Trustee concerning the same; and all allowances by the Court shall be subject to the right of any creditor on the submission of the accounts of the Trustee at a meeting of the creditors to file exceptions thereto. [824] RULES IN DISTRICT OF INDIANA. 825 RULE V. Adopted April 14, 1899 — Referee's Record. In all cases where it appears to the satisfaction of a Referee that there are no assets, after exemption of property to the bankrupt and payment of costs, it shall be the duty of the Referee to tile his final record with the Clerk on or before the expiration of thirty days from the date of adjudication. RULE VI. Adopted October 30, 1900 — Petitions for Review. All petitions for tlie review of any order or decision by a Referee shall be filed with him within ten days after the same is made, and be accompanied by an assign- ment of errors and the brief of the petitioner, and the proceedings shall thereupon be certified by the Referee into the Clerk's office of this Court, as required hj General Order Xo. 27, and Form 50, of the General Orders and Forms in Bankrviptcy of the Supreme Court of the United States. And the opposing party sliall have ten days after the filing thereof in the Clerk's ofRce within which to file his brief in answer thereto; and upon the expiration of that period of time the case shall be taken as submitted. All petitions and accompanying assignment of errors and all briefs shall be filed in duplicate, and a failure to file them within the time fixed shall be taken as a waiver of the rights of the parties respectively. RULE VII. Adopted February 5, 1901 — Solicitors' Fees. Every attorney in presenting his claim for legal services in any bankruptcy pro- ceeding to the Referee shall file with him an itemized statement of every item of service for which he asks compensation, stating fully and particularly the character of the service, the length of time necessarily employed, and his estimate of its value under oath; and no claim for such services shall be received imless such itemized claim is presented to the Referee. On receiving such claim, the Referee shall hear the evidence thereon, reporting to the Court his finding thereon as to the value of such services, and return such finding with all the evidence to the Judge of the Court with all convenient dispatch. NORTHERN DISTRICT OF ILLINOIS, E. D. It is hereby ordered, that until otlierwise ordered by the Court the following tem- porary rules be and are hereby adopted and prescribed for the regulation of proceed- ings in bankruptcy in the United States District Court for the Northern District of Illinois: Rule I.— 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 iiled 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 tlie 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 affidavit 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. Rule II.— Adopted February 8, 1899. Where voluntary bankrupts have heretofore omitted to subscribe the several sheets of their schedules attached to their jjetitions, they are hereby ordered so to do, whether tlieir said petitions are in possession of the Clerk, Referee, or Trustee, without any further order in their respective cases. Rule III.— 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 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 afore- said shall be made at least one week, and the copies shall be mailed to creditors at least ten days prior to tlie day named for the hearing on such petition. There must also be presented to the Clerk at some time before the final discharge is granted a report or certificate of the Referee that the bankrupt has in all things con- formed to the requirements of the Act and that so far as tlie Referee has been able to ascertain, the said bankrupt has committed none of the oftenses 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 jire- scribed in General Order XXXII. The issue thus joined may be referred to tlie Referee to ascertain and report the facts with his conclusions thereon. Either party may except [826] KULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. 827 to such report, and the exceptions may be heard by the Judge upon one of the days designated by liim for such hearings. Rule IV.— Adopted March 30, 1899. Upon the filing of a petition for a meeting of creditors to consider a composition as per Form 60 prescribed by the Supreme Court, the matter shall be referred 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 confirmation of such composi- tion 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 ascertain and report the facts, together with his con- clusions 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. Rule v.— 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 indem- nify the Referee for his necessary incidental expenses, including office rent, clerical aid, stationery, etc., and out of which sum the Referee may be reimbursed 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 tlie Referee in excess of said deposit of 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 dis- bursements and incidental expenses incurred in eacli case. Rule 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 tbey are issued; 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. Rule VII.— Adopted October 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 same together with his conclusions thereon to the Court. 828 RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. Rule VIII.— Adopted January 5, 1900. The referees in bankruptcj- 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 sucli checks are required by the terms of Supreme Court Rule XXIX to be countersigned by a Judge or Referee. Rule 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 petition or aflBdavit showing the facts, that the service of such notice is impracticable. The Receiver, upon his appointment and qualification, shall proceed without 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 liaving 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 reason- ably 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 such sale be made before the election of the Trustee. In no case shall a sale be made without 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 Bank- ruptcy 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 otherwise 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 possession, taking the Trustee's receipt therefor, and the Receiver shall file his final report 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 tlie Receiver shall not exceed the maximum to be alloAved trustees for their services under section 48 (a) of the Bank- ruptcy Act as amended February 5, 1903, for moneys disbursed 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 be 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. Rule X.— Adopted July 24, 1905. Petitioning Creditors. It shall be the duty of the petitioning creditors, through their attorneys, to procare the adjudication of the bankrupt, as speedily as the law permits. The attention of RULES IN NORTHERN DISTRICT OF ILLINOIS, E. D. 829 petitioning creditors and their attorneys is especially directed to General Order in Bankruptcy IX. Rule XI.— Adopted July 24, 1905. Petition to Dismiss Proceedings. Every application to dismiss a voluntary or involuntary petition in bankruptcy, as contemplated by section 59g of the Bankruptcy Act, must be by petition in writing, signed by such applicant or his attorney of record in the case, and if made in an invol- untary case before the schedules provided for in section 7 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 thj; 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 ca*use 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 adjudi- cation 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 Tie, showing that the aforesaid notice has been duly given, shall be filed in the Clerk's ■ofiice 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 bank- ruptcy, and amendments thereto, are hereby adopted by the referees for the counties of Cook, Lake and McHenry in said district: 1. 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 run- ning lengthwise of the legal cap page so that the requisite space may be afl^orded. 2. 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. 3. The address of each creditor must contain the street number, city, and tliat fact shall be stated. 4. The use of ditto marks is forbidden by Supreme Court General Order V. {In re Orne, Fed. Cas. 10582.) 5. 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 exem))tion as the head of a family. G. Oaths to the petition and schedules must not be administered by the attorney of the affiant. EASTERN DISTRICT OF MISSOURI. Adopted February 1, 1913. RULE 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, sliall be inserted in such newspaper published in such county as shall be designated by the Referee acting in the case wherein sucli publication is required. RULE II. Notice of the first meeting of creditors shall be published once, unless otherwise ordered by the Court or Referee, and such publication shall be made at least one week prior to the day fixed for such meeting. RULE III. The 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. RULE 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 bank- rupt 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 prosecu- tion 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 dis- allow them against the estate of the bankrupt, subject to review by the Court on excep- tions 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. RULE V. When the Judge is absent from a Division of the District, and a certificate stating that fact, signed by the Clerk of the Court, shall be delivered to the Referee therein, the Referee is authorized and empowered to appoint receivers, or the ifarshal, upon application of parties in interest, in case the Referee sliall find it absolutely necessary for the preservation of the estate, to take charge of tlie 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 Mar- shal in respect to their acts and proceedings, as the Court may by law exercise. [830] RULES IN EASTERN DISTRICT OF MISSOURI. 831 RULE VI. When the Judge is absent from a Division of the District and a certificate statinfj that fact, signed by the Clerk of the Court, shall be delivered to the Referee therein, 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 can- not, without great loss or deterioration, be kept until the Trustee is appointed and qualified. RULE VII. Each of the counties composing the Northern Division of the Eastern Judicial Dis- trict of Missouri, is hereby designated as a " Referee's District," under and pursuant to section 34 of the 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 mav be required, and in which at the time said services are required to be performed, the ofl[ice 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 St. Louis, is hereby designated as a " Referee's District." The City of St. 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 Referee for that District may be vacant. RULE VIII. 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 accord- ance with the provisions of sections 7, 21 and 58 of the Bankrupt Act. RULE 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 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. RULE X. 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 sheet and shall be properly endorsed with the style and number of the case and the character of the paper filed. 832 RULES IN EASTERN DISTRICT OF MISSOURI. RULE 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 Avhich the bankrupt has his principal place of business, resides or has his domicile and aiter such reference the Referee is authorized to fix the time when, and place where, he will act upon matters arising in the case. RULE XII. 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. RULE XIII. 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 the seal of the Court, as required by General Order III. RULE 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. RULE 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 tile 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 direct- ing 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. L'pon 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 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 dis- cretion, may continue such application to a later day to be fixed by him. RULE XVI. Trustees shall deposit all moneys and funds of the estate in the depository desig- nated 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. RULE XVII. Wlien 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 KULES IN EASTERN DISTRICT OF MISSOURI. 833 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 the purpose of the amount allowed such witness, and tax the same as costs accruing in the cause. RULE XVIII. Where the proper administration of a bankrupt estate renders it necessary for the Trustee to secure the services of an attorney, the Trustee is authorized to employ an attorney to represent the bankrupt estate, but no Trustee shall employ more than one attorney or firm of attorneys, without first securing an order from the Referee, authorizing him to do so. RULE XIX. "^AThen an attorney sliall be entitled to the allowance of a fee for professional services rendered the bankrupt, the petitioning creditors in involuntary proceedings, or the Trustee, shall file with the Keferee a petition stating the nature and char- acter 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. If any party is represented by more than one attorney they shall all join in any petition for the allowance of attorneys' fees. The petition shall not be acted upon by the Referee until it has remained on file for at least five days. The Referee shall consider such petition and the objections thereto, if any, of any party in interest, and shall allow the attorney or attorneys such sum as may be just, and the same shall be paid by the Trustee when he has funds available for that purpose. RULE XX. 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 afl'ecting the property of the estate to which the Trustee is a party or in wliicli 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. RULE XXI. Preparatory to the declaration and payment to creditors of the final dividend in any estate, tlie 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 administration, includ- ing Court costs, attorneys' fees, sums due officers for fees, or commissions earned, or expenses incurred; (d) wages due to workmen, clerks or servants 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. RULE XXII. 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 pray- ing to be discharged from his trust. The Trustee shall file with such final renort 834 RULES IN EASTERN DISTRICT OF MISSOURI. ail account, duly veritied 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 sucli final meeting, and, if called upon to do so, shall offer any evidence or explanation 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 administered 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. RULE XXIII. 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 meet- ing of creditors, other than the first meeting, shall be called, and close the admin- istration of the estate. RULE XXIV. 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 imnecessary to call a final meeting of creditors and the Trustee shall be entitled to secure a discharge from his trust by filing a report with the Referee stating such facts and making it appear to the satisfaction of the Referee that there is no property of the bankrupt available as assets of the estate. RULE XXV. Referees shall be entitled to an allowance of two dollars from each estate administered before them, to cover necessary expenses incurred by them in the administration 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 five dollars in each case administered before them as a necessary expense for clerical aid. RULE 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 petitioner, or some other person for him, has deposited with the Referee the sum of twenty-five dollars to cover the costs of advertising, printing and other expenses incidental to the administration of the estate. RULES IN EASTERN DISTRICT OF MISSOURI. 835 RULE XXVII. Applications for discharge in bankruptcy shall be verified by the bankrupt and filed with the Clerk, and shall forthwith, without further order, be referred by the Clerk to the Referee in charge of the case, in which the application is made. Upon the receipt of said application the Referee shall immediately examine the same and ascertain if it be in proper form, and if not in the prescribed form, he shall return the same to tlie Clerk and notify the bankrupt or his attorney of record by mail of the defect therein, and upon the correction of said application, the Clerk shall forthwith return the same to the Referee. \Mien the application is found to be in proper form, and when the administration of the estate is closed, or, in the opinion of the Referee, so far advanced as to render it proper for the Court to act upon the bankrupt's application for discharge, the Referee shall file with the Clerk a report stating whether or not the bankrupt has in all things complied with the Bankrupt Act, and that the administration of the bankrupt's estate has been closed, or, in his opinion, is so far advanced as to entitle the bankrupt to have his appli- cation acted upon. If specifications of objections to the bankrupt's discharge are filed, the Court may hear the issues thus presented, or, in its discretion, refer the matter to a special master for hearing and report as in equity cases. RULE 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 Order Xo. 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 tl'.e date of granting such extension of time. RULE XXIX. When the Court refers any matter arising in bankruptcy to a special master to take the evidence, or to report upon any specified issue, or issues of law or fact, for the information of the Court, tlie special master shall be entitled to a per diem compensation at the rate of ten dollars per day for each day he is necessarily engaged under said order of reference. Five hours sliall constitute a day's work within the meaning of this rule, but the special master shall be entitled to a minimum fee of ten dollars for each matter so specially referred. The fees of the special master 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 Avhen he has funds avail- able for the purpose or by the moving party in the matter which is the subject of the reference. Exceptions to the report of a special master shall be filed within five days from the time of the filing of the report and if no exceptions are filed within that period, the report shall stand confirmed. RULE XXX. TIip 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 P'orms in Bankruptcy, mailed pursuant to any order of Court to the creditors 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 836 RULES IN EASTERN DISTRICT OF MISSOURI. twenty-five cents each instead of seventy-five cents, and upon the filing of any applica- tion for discharge, the Clerk is authorized to require of the bankrupt a deposit of a sum of money sufficient to pay such allowance, the same to be refunded to the bankrupt in case there be foimd to be sufficient assets in the estate to satisfy the same. RULE XXXI. In case a petition is filed by a volimtary 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 pa\Tnent 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 X^iXV. RULE 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 efi'ect with the designated depository to the credit of the Judge of the Court. ^Mlere any part of the consideration to be distributed under the proposed compensation 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 represent the required amount. L pon the filing of the application for confirmation, the Court will, irpon application, fix a day for heailng the same, and it shall he 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 wdiom the case has been referred, and it shall be the duty of the Referee to file with the Clerk prior to the day fixed for the hearing, a report in writing, stating: First. \\'hether the bankrupt has been examined in open Court, or at a meeting of 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 aggregate 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 proceedings in the event that the com- position is confirmed, including the expenses and fees of the Trustee, Referee and Clerk. 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 referred to forthwith file with the Clerk the record of proceedings had before him in the case. I'pon 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, RULES IN EASTERN DISTRICT OP MISSOURI. 837 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, deposited to the credit of the Judge, the amount distributed to each creditor entitled to share in the distribution, and the amount paid out for costs or fees, and the amount, if any, returned to the bankrupt. RULE XXXIII. In 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 trials in equity suits the testimony of witnesses shall be taken orally in open Court, except as otherwise provided by statute or the Equity Rules. In equity cases the complainant shall take any evidence he may be entitled to take within thirty days after the cause is at issue; the defendant shall take any evidence he may be entitled to take within thirty days thereafter; and complainant shall take any evi- dence he may be entitled to take in rebuttal within fifteen days thereafter. For good cause shown, and after notice to the adverse party, the Court may enlarge the time within which the parties are required to take such evidence. 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. RULE XXXIV. On the filing of an application for trial by jury, by an alleged bankrupt, there shall be deposited with the Clerk at the time of filing svich application, the sum of one hun- dred dollars, to cover the costs of the trial. RULE XXXV. No Receiver in Bankruptcy shall employ any attorney or counsel, except upon the order of the Court, or, if the Receiver is appointed by a Referee, upon the order of the Referee. Such order shall be granted only upon the petition of the Receiver, setting forth the name of the counsel whom he wishes to employ, the reasons for the selection of that person, and showing the necessity of employing any attorney or counsel. RULE XXXVI. (Adopted October 23, 1914.) Petitions of Receivers in Bankruptcy for authority to employ counsel, final reports of Receivers in Bankruptcy, including applications of Receivers and their attorneys for com.pensation, and intervening petitions for reclamation of property in bankruptcy cases, when filed in this Court, shall stand referred and be forthwith transmitted by the Clerk to the Referee in Bankruptcy to whom the case has been referred, or, if no order of reference has been made, then to the Referee to whom the case would, in the ordinary course, be referred, and such Referee shall thereupon have full autliority and jurisdiction to hear and determine all said matters, and to make such order or orders in respect thereto as may be appropriate in the premises. DISTRICT OF NEBRASKA. RULE I. First Name of Bankrupt to be Set Forth in Full. In all petitions for an adjudication of bankruptcy, whether voluntary (see general forms Nos. 1 and 2) or involuntary (see general form No. 3), the first name of the alleged bankrupt must be given in full. And no adjudication of bankruptcy will be made, or other proceedings taken, by the Referee, imtil, 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. RULE II. Attorney Appearing Shall Sign Each Paper Offered for Filing. Except as to a paper filed by the bankrupt or such creditor in a proceeding in bankruptcy conducted by the bankrupt in person, or by creditor or creditors in person, every paper offered to be filed sliall be signed on its face by the attorney or counselor appearing or having appeared for the party in whose behalf the paper is ofi"ered. RULE III. Duty of Trustee and Referee Concerning Taxes. In all cases wherein there are assets coming under charge of tlie Trustee, it shall be the duty of the Trustee forthwith to ascertain from the proper sources, what taxes, if any, are claimed to be due and owing by the bankrupt to the United States, to the State of Nebraska, to the county and town or city in which tlie bankrupt resides, or in whicli any part of the estate is situated for taxing purposes, and to make a written report thereof to the Referee, specifying the taxes upon each piece of property, so far as the same are shown by the tax lists; and the Referee sliall in writing, pursuant to section 64 of the Bankrupt Act, order the payment by the Trustee of all taxes foimd by the Referee to be legally due and owing by the bankrupt according to said report. Notice of Hearing of Issues Concerning Taxes. But if any question arises touching the taxes, or any part thereof, claimed or reported to be due, the Referee, after due notice given by mail (section 58, Bankrupt Act) shall hear and determine the question at issue and order payment accordingly. RULE IV. Duty of Trustee and Referee Concerning Assets. In all cases where there are assets coming under charge of the Trustee, it shall be the duty of the Trustee to ascertain, and report to the Referee a schedule of all debts which are claimed to be entitled to priority of payment under the provisions of section 64 of the Bankrupt Act, together with the order of priority thereof, and the Referee shall make the proper order for payment thereof by the Trustee, according to said report. But if any question arises with respect to payment of any one or more of such claims in accordance with said report of the Trustee, tlie Referee, after due notice given by mail (section 58, Bankrupt Act), shall hear and determine the question at issue, and order payment accordingly. [83S] RULES IN DISTRICT OF NEBRASKA. 839 RULE V. Dividend Declared — Allowances for Costs and Expenses. In cases where a first dividend is declared within thirty days after the adjudication, under the provisions of section 65, of the Bankrupt Act, the iReferee must make due and full allowance for the estimated costs and expenses that may be payable out of the estate (sections 40, 48 and 52, Bankrupt Act, and general order No. X), and for the amount necessary to pay tlie debts liaving priority (section 64, Bankrupt Act), and shall tlien declare a dividend at a per cent, which enables payment thereof to bo made upon all cla.ms, which up to that time have been scheduled or filed for allowance. RULE VI. Payment of Dividend. ^Mien a dividend has been declared the Referee shall fix tlie time of paynirnt tliereof at a date enabling the giving by mail of ten days' notice tliereof to the creditors ; and said Referee shall thereupon prepare and deliver to the Trustee a dividend sheet (see general form No. 40) which sliall contain the names of the creditors whose claims have been proved and allowed, their postoffice addresses, the amount of dividend payable to each creditor, the date when the dividend has been declared to be payable, and a statement of tlie person by whom tlie checks of the Trustee in payment of the dividend (see general order Xo. XXIX) are to be countersigned. RULE VII. Checks to Pay Dividend — When and How Delivered. 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 sliown 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 check for the dividend declared. RULE VIII. Checks — How and by Whom Signed. Except where otherwise directed by special order of this court, the dividend checks in each estate will be signed by tlie Trustee thereof, and countersigned by the Referee before whom proceedings are tlierein pending. RULE IX. Clerk's Report Concerning Concluded Case. Upon receiving from the Referee his record of a concluded case, it shall be the duty of the Clerk to examine such record in order to ascertain whetiier it complies with the Bankrupt Act. the general orders thereunder and the rules nf this court. If omissions are found therein, the Clerk shall notify tlie Referee tliereof. to the end tliat the record filed by the Referee shall be complete. Final Order Closing Estate. When upon report of the Clerk it appears that a complete record has been filed, and that all things have been done necessary to properly close the estate, the District Court, or the Judge thereof, will make an order directing the final closing of the estate and the payment by the Clerk of the fees belonging to the Referee and Trustee. RULE X. Date Bankrupt Becomes Subject to Order of Court. The day named in the order of reference for the attendance of the bankrupt befor-! the Referee, shall, by said Referee, be entered in his docket as the date from v.-liich the 840 RULES IN DISTRICT OF NEBRASKA. bankrupt becomes subject to the order of tlie court, as provided in general order in Bankruptcy No. XII. Duty of Referee — Notice to Bankrupt of First Meeting of Creditors. 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, giving notice thereof by mail to the bankrupt. RULE XI. Application for Discharge Shall Be Verified by Bankrupt and by Clerk Sent Forthwith to Referee. Application for a discharge on behalf of a bankrupt (see general form 57) shall be verified by the bankrupt and be filed with the Clerk of the District Court, and shall by said Clerk be forthwith sent to the Referee having charge of the bankruptcy proceedingiJ of said bankrupt. Notice to Be Given by Referee to Creditors and Referee Concerning Application for Discharge. Upon receipt of said application in proper form the Referee shall forthwith notify the creditors by mail of the filing of said application, and that if they propose to show cause against such application, an appearance in opposition must be entered in writing before the Referee, at the place and on or before the date fixed in said notice; and said notice shall be published once (unless the Referee for good cause shall order further publication) in the newspaper wherein was published notice of first meeting of the creditors of said bankrupt. Notice of the time and place thus fixed, and that he is required then and there to attend, sliall also, by said Referee be mailed or given in person to said bankrupt, and it shall be the duty of the bankrupt to attend accordingly. Referee's Certificate Returning Application for Discharge to Clerk's Office. If no appearance in opposition to such application for discharge is filed with said Referee, on or before the time thus fixed, said Referee shall forthwith mail to tlie Clerk the application for such discharge, with his certificate showing that due notice of the filing of application for such discharge had been given to said creditors, and duly pub- lished as directed; that no appearance in opposition had been filed on behalf of anyone; the amount, if any, of costs and expenses remaining unpaid to the Referee or Trustee, and also certifying whether the bankrupt has or has not fully complied with the require- ments of the Bankrupt Act so far as known to the Referee. If an appearance in opposition to said application for discharge is filed, the Referee shall retain the matter until the expiration of the ten days allowed (see general order No. XXXII) — after date fixed in said notice — for filing specifications of the ground of opposition (see general form No. 58); and at the expiration of said ten days the Referee shall send to the Clerk the application for such discharge, with his certificate showing the action had before him, and also showing so far as applicable, the several matters by last preceding paragraph required to be certified. Thereupon the Judge will fix the time and place for hearing the issues thus presented and will prescribe the notice to be given thereof. Time of Hearing Application for Discharge by Judge. If no appearance in opposition to the application for a discharge is filed before the Referee, or if filed, no specifications in support thereof are filed before the Referee within the ten days allowed therefor, said amplication for a discharge will then be for hearing before the Judge without further notice to the parties. DISTRICT OF COLORADO. RULE I. 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 five bankruptcy districts, as follows, namely: The first district shall be composed of the counties of city and county of Denver, Elbert, Jackson, Arapahoe, Adams, Yuma, Washington, Morgan, Phillips, Sedgwick, Logan, Weld, Jefl'erson, Park, Clear Creek, Gilpin, Boulder, Larimer, Grand, Routt and Moffat. The second district shall be composed of the coimties of El Paso, Teller, Douglas, Lincoln, Cheyenne and Kit Carson. The third district shall be composed of the counties of Pueblo, Fremont, Chaffee, Custer, Huerfano, Otero, Bent, Prowers, Kiowa, Las Animas, Baca, Rio Grande, Mineral, Saguache, Costilla, Conejos and Crowlej-. Tlie fourth district shall be composed of the counties of San Miguel, Hinsdale, Ouray, Montrose, Gunnison and Delta. The fifth district shall be composed of the counties of Mesa, Pitkin, Garfield, Rio Blanco, Lake, Eagle and Summit. The sixth district shall be composed of the counties of Archuleta, La Plata, San Juan, Montezuma and Dolores. RULE II. Petitions — Where Filed. 1. 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, Wash- ington, Morgan, Phillips, Sedgwick, Logan, Weld, Jefferson, Park, Clear Creek, Gilpin, Boulder, Larimer, Jackson, Grand, Routt, El Paso, Lake, Eagle, Summit, Teller or Moffat. 2. 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, San Juan or Crowley. 3. 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 or Rio Blanco. 4. In all petitions for adjudication of bankruptcy, whether volimtary or involun- tary, the first name of the alleged bankrupt must be given in full. And no adjudication of bankruptcy will be made, or other proceeding 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. 5. In all cases wherein there are assets coming under charge of the Trustee, it shall be the duty of the Trustee forthwith to ascertain from the proper sources what taxes, if any, there are upon any real estate owned by the bankrupt or claimed to be due and owing by the bankrupt thereon, to the United States, to the State of Colorado, [S41] 842 RULES IN DISTRICT OF COLORADO. to the county and town or city, and to make a written report thereof to the Referee, specifying the taxes upon each piece of property so far as the same is shown by the tax lists, together with the interest, whether legal or equitable, of the bankrupt in said estate, and the value of such interest, and whether or not, it is in his judgment, to the interest of the estate to pay such taxes in order to j^rotect the property for the benefit of creditors and upon the receipt of such report, the Referee, if in his judgment the interest of the bankrupt in said estate justifies the payment of such taxes for the protection of the interest of the creditors, shall, in writing, pursuant to section 64 of the Bankrupt Act, order the payment by the Trustee of all such taxes found by the Referee to be legally due and owing by the bankrupt according to said report. 6. If any question arises touching the taxes, or any part thereof, claimed or reported to be due, the Referee, after due notice given by mail, shall hear and determine the question at issue and order payment accordingly. 7. In all cases where there are assets coming under charge of the Trustee, it shall be the duty of the Trustee to ascertain, and report to the Referee, a schedule of all debts which are claimed to be entitled to priority of payment, under the provisions of section 64 of the Bankrupt Act, together with the order of priority thereof, and the Referee shall make the proper order for payment thereof by the Trustee, according to the ascertainment of the Referee. 8. If any question arises with respect to payment of any one or more of such claims in accordance with said report of the Trustee, the Referee, after due notice given by mail, shall hear and determine the question at issue, and order payment accordingly. 9. 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 jurisdiction of the greater number, or where the business of such persons may be carried on. RULE 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. RULE IV, Poor Persons. In case of a petition in bankruptcy, accompanied by an affidavit stating " that the petitioner is without, and can not obtain, money wherewith to pay fees," there shall 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. RULE V. 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 returnable 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. RULES IN DISTRICT OF COLORADO. 843 Upon petition filed in Montrose under s'cction 3 of the Act relatinjj; to involuntary bankruptcies, the Clerk shall issue a Avrit of subpoena returnable in fifteen days. RULE VI. Discharge. A petition for discharge shall be presented to the Referee in charge of tlie case; 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. RULE VII. Costs on Discharge. In case of opposition to a discharge in bankruptcy and issue joined, upon which testimony shall be taken before a Referee, the cost 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. RULE VIII. Notices. Notice to creditors, under section 58 of the Bankrupt Act, sent by mail, shall be deposited in a postoffice not less than two weeks prior to the day fixed in the notice. RULE IX. Closing Cases. Upon receiving from the Referee his record of a concluded case, it shall be the duty of the Clerk to examine such record in order to ascertain whether it complies with the Bankrupt Law, the general orders thereunder and the rules of this court. If omissions are found therein, the Clerk shall notify the Referee thereof, to the end that the record filed by the Referee shall be complete. When, upon report of the Clerk, it appears that a complete record has been filed, and that all things have been done necessary to properly close the estate, the District Court, or the Judge thereof, will make an order directing the final closing of the estate and the payment by the Clerk of the fees belonging to the Referee and Trustee. RULE X. Publication. Notices required to be published by the Bankrupt Act, shall be charged for and allowed at the rate fixed by section 3934, Revised Statutes of Colorado, 1908. RULE XI. Oath of Bankrupt Before Discharge or Composition. Before the granting of a discharge or the confirmation of an offer of composition, the bankrupt shall make and file an oath with the Referee, that he has not done or suffered or procured to be done or been privy to any act, matter or thing specified in the Bankruptcy Act, as a ground for withholding a final discharge, or as invalidating the same. Such oath shall be made at the time or after filing petition for discharge or application for confirmation of composition. NORTHERN DISTRICT OF TEXAS. RULE XXIX. Creditors and the bankrupt may be represented in any proceedings in bank- ruptcy by attorneys authorized to practice in the 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, vrhen such personal knowledge would be required of the bankrupt or creditor. The attorney of record for the bankrupt shall not act for any creditor or for the Trustee in bankruptcy proceedings. RULE XXX. All petitions, schedules and pleadings shall be written in a plain and legible hand, or typewritten, or printed on white paper of approximately legal size; all pleadings must be properly endorsed by the party filing the same, with the name of the court, the nature and character of the pleading, the title of the cause, and if the parties appear by attorneys, his name and address. Petitions and schedules and petitions for discharge shall be signed with the full name of the bankrupt. Petitions and schedules not so signed may be filed and referred but the bankrupt shall forthv.'ith file amendments to the petitions setting forth his full name and no further proceedings shall be had until such amendments shall have been filed. The Clerk and Referee are charged with the duty of enforcing the observance of this rule. RULE XXXI. Upon the filing of an involuntary petition in bankruptcy the petitioning creditor or creditors shall at the same time file with the Clerk, in addition to the original petition a duplicate copy of the 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. RULE XXXII. The fact that the bankrupt has no property or creditor described in a schedule shall be stated thereon in the proper place by writing the word " none " or such other explanatory memoranda as he may deem necessary and proper. Amendments to schedules may be made after they have been duly authorized and shall be filed in triplicate in the Clerk's office for the use of the Clerk, Referee and Trustee and no amendment shall be allowed except upon application, nor after a petition for discharge has been granted. RULE XXXIII. Upon the filing of a petition for involuntary bankruptcy if, before the return day named in 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 adjudica- tion on said petition may be had, as provided in section 18 of the Bankrupt Act, after the expiration of five days from the filing of such answer. [844] RULES IN NORTHERN DISTRICT OF TEXAS. 845 RULE XXXIV. The day named in the order of reference for the attendance of the bankrupt before the Keferee shall be the fifth day after the date of such order and shall by said Keferee be entered in his docket as the date from which the bankrupt becomes subject to the orders of tlie court, as provided in general order in Bankruptcy No. 18. Unless cause for 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. RULE xxxy. Any creditor or party in interest wlio may wish to examine the bankrupt or any witness at any meeting of creditors shall, after he has received notice thereof, forthwith notify the Referee in writing of his desire to examine the bankrupt or such witness and deposit with the Referee a sufficient sum of money, to be fixed by the Referee, to defray the expense of said examination and the expense of a stenographer, if a ste- nographer is deemed necessary by the Referee. If it shall appear that said examination has resulted in benefit to the estate the amount so advanced may be refunded upon proper application and order of the Referee to the party making such deposit. RULE XXXVI. When there are assets belonging to an estate in bankruptcy the Trustee shall forth- with ascertain what taxes are due and owing at the time of the filing of the petition, to the United States, to the State of Texas, or any other State or municipality, without regard to whether such taxes have been assessed against or a lien on the property of the bankrupt. He shall make a written report thereof to tlie Referee who shall order the payment by the Trustee of all taxes found to be legally due and owing by the bankrupt or such part thereof in the order of priority above named, if there be not sufficient funds to pay the whole amount, and all costs of the court; provided, such report shall remain on file at least twenty days to enable any party in interest to file any objections or exceptions to the same. It shall be the duty of the Trustee to render all property subject to taxation belonging to the estate wherever situated to the proper assessor or collector and pay the same as part of the costs of the administration and make report thereof in writing to the Referee. RULE XXXVII. It shall be the duty of the Trustee when there are assets in his control to report to the Referee all debts claimed to be entitled to priority who shall make the proper order for their payment when a proper proof of claim has been filed by each claimant and allowed, as required by the Bankrupt Act. RULE XXXVIII. ^^Tien a dividend is declared the Referee shall fix a date on and after which pay- ments may be made by the Trustee, due notice of which sliall be given by the Referee as required by section 58, subdivision 5. On receipt of the dividend sheets as provided by section 39 (1) the Trustee shall forthwith prepare and have countersigned by the officer desigiiated for that purpose, 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 payments of the dividend, or any day thereafter, to the creditors entitled to them. After the day when payment of dividends may be made the Trustee may deliver such warrants to the creditors or to the attorney or agent of the creditor who has filed with the Referee or Trustee a letter of attorney authorizing 846 RULES IN NORTHERN DISTRICT OF TEXAS. liim to receive such warrant. Tlie Referee shall prepare the dividend sheets upon the report and recommendation of the Trustee that he has sufficient funds therefor after paying all debts and other claims entitled to priority and expenses, whether allowed or thereafter to be allowed. The Referee shall retain a copy of the dividend sheet issued by him to the Trustee, for the use of creditors and parties in interest seeking information, upon which shall be registered opposite the name of each creditor the num.ber of the dividend warrant. It shall not be necessary for the Referee to declare more than one dividend where the amount available for that purpose is five hundred dollars or less, but in such case he sliall declare but one dividend and that after the lapse of three months from the date of adjudication. RULE XXXIX. All reports of the Trustees shall be filed with the Referee having jurisdiction over the case, they shall report the condition of the estate at the end of every month beginning with the date of their qualification, in which must be specifically stated the amount of cash received from all sources and the amount of their disbiu-sements and such other matter as may be required of them by the Referee. • RULE XL. Discharge. The petition for discharge shall be in the form prescribed by the general orders of the Supreme Court of the United States in Bankruptcy and shall be verified by oath of the petitioner and filed in duplicate in the office of the United States District Clerk where the case is pending. Upon the filing of a petition in proper form for discharge the Clerk shall forthwith mail the duplicate thereof to the Referee to whom the case has been referred. On receipt of the petition for discharge the Referee shall fix a day on or before which the creditors or other parties in interest may show cause why the petition sliould not be granted. The Referee shall give at least thirty days' notice to all creditors as required by law, in which shall be stated 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 by him, as aforesaid to show cause, file Avith him their appearance, as provided in General Rule XXXII of the Supreme Court of the United States in Bankruptcy. The Referee shall also cause a like notice to be published at least once in the newspaper designated by the court, in the county of the bankrupt's residence, for that pm-pose, at least one week before the day on which the creditors are required to appear and show cause. RULE XLI. If no opposition to a petition is filed with the Referee on or before the day named in the notice to the creditors, or, if filed and no specifications in support thereof are filed before him within thirty days allowed as pro\idcd in General Order XXXII of the Supreme Court of the United States, the Referee shall, unless the Judge directs other- wise, forthwith mail to the Clerk of this court at Dallas 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 has been filed by any one, stating the amount of unpaid costs and expenses in said cause, if any. and also whether the bankrupt has or has not complied witli the Bankrupt Act so far as to him known. The petition for discharge will then stand for hearing before the Judge without further notice to the parties. RULES IN NORTHERN DISTRICT OP^ TEXAS. 847 RULE XLII. If opposition to the petition for discharge is filed on or before the day fixed bv the Referee, he shall, unless the Judge directs otherwise, proceed to hear the same and report the facts together with his findings thereon. Accompanying his report shall be the duplicate petition for discharge, all pleadings and depositions considered by the Referee, together with a statement of all costs, paid and to be paid, by any party in the proceeding. After the certificate has remained on file at least ten days tlie Clerk will notify the bankrupt and all contesting creditors or their attorneys of record by mail of the time and place fixed for the hearing. RULE XLin. When a discharge is granted in a case pending in any other division of the district than the Dallas division the Clerk at Dallas shall transmit as soon as may be, the order of discharge together with all papers pertaining to the same to the Clerk of the division where the suit was originally instituted. The order of discharge shall be duly recorded by the Clerk thus receiving same and shall be kept among the other papers in the case. RULE XLIV. Before a discharge is granted if it appears that the estate is not ready to be closed the bankrupt may be required to deposit a sufficient sum of money with the Referee to meet the costs that may thereafter accrue which are properly chargeable against him, the same to be refunded to him out of the estate if sufficient funds come into the possession of the court for that purpose, by an order of the Referee; upon the receipt of any petition for discharge by the Referee to which there is opposition by creditors the Referee shall require each party to deposit with him sufficient money to defray the costs thereof. RULE XLV. If, after notice of final meeting of creditors to pass on the trustee's final report and account, some of the creditors appear and file exceptions to the same, the final account of the trustee shall stand as approved by the referee and the trustee be dis- charged by proper order of the referee. RULE XL VI. The filing fees of the Referee and Trustee shall be paid by the Clerk upon receiving the Referee's certificate that the case has been closed or dismissed. The commissions of the Referee shall be paid by the Trustee when the Trustee is entitled to his com- missions for disbursements, as provided in section 40 as amended by the Act of 1910, and the fees for filing fees shall be due and payable when such claims have been allowed or disallowed by the Referee and when there are sufficient funds belonging to the estate available for that purpose. The Clerk shall be entitled to his filing fee immediately upon the filing of the petition in the case. "Wliere there are no assets and no Trustee has been appointed, in accordance with general order 15, the case shall be deemed closed for the purpose of payment of the filing fees of the Referee and Trustee when a dis- charge has been granted or refused the bankrupt or a composition has been confirm.ed. If no application for a discharge has been made the case will be deemed closed for the purpose of said fees at the expiration of two months from the date of adjudication. RULE XL VII. Offers of composition in a bankruptcy case must comply with the law and forms and upon being filed with the Clerk shall be at once referred by him to the proper Refere?. The Referee shall, if he deems proper, call a special meeting of creditors and 848 RULES IN NORTHERN DISTRICT OF TEXAS. give notice thereof to each creditor and if said offer be accepted in the manner pre- scribed by section XII, subdivision B, the Referee shall make an estimate of the con- sideration to be paid by the bankrupt to his creditors, the money necessary to pay all debts entitled to priority and the costs of the proceeding and require the deposit thereof in the designated depository subject to the order and to the credit of the Judge. AVhen the deposit has been so made the bankrupt may file in the Clerk's office his motion to confirm said composition, in duplicate, the duplicate of which shall be immediately referred to the Referee who shall immediately give statutory notice thereof, in con- formity with the provisions of General Order XXXII of the Supreme Court. If there be no appearance in opposition to the confirmation of the composition the Referee shall report that fact and keeping in view the provisions of Clause D of section XXII, he shall further report his recommendations thereon to the Judge. If any creditors appear in opposition to the composition and file specifications thereof, as provided by said General Order, the Referee shall proceed to hear the same and file his report containing his conclusions and recommendation accompanied by the pleadings and the evidence submitted to him upon such hearing and his certificate that the notices, wherever required, have been given as required by the Bankrupt Act and the rules of this court. RULE XLVIII. All reports of Referee shall remain on file in the Clerk's office at least five days before they will be taken up and considered by the Judge. RULE XLIX. The order confirming a composition shall be in the form prescribed by the General Orders of the Supreme Court of the United States Form No. 103, and shall be entered of record in the office of the Clerk of the proper division and a certified copy thereot delivered to the depository will be sufficient authority for it to transfer the funds deposited to the credit of the Judge to the Trustee or other officer designated for the distribution of the consideration. RULE L. Distribution of Deposit. Upon the confirmation of a composition the Clerk shall notify the Referee who shall then cause to be prepared checks or warrants to be signed by the Trustee and counter- signed by the Referee in the same manner as is usual in the administration of bank- ruptcy estates where dividends are declared and paid. (Note. — The foregoing rules as to compositions shall not be intended to direct or control the proceedings in cases where ofi'ers of composition are made before adjudica- tion but such cases shall be controlled by such orders as the court may make in that behalf.) RULE LI. Notice of Receiver's and Trustee's Commissions. Ten days' notice shall be given of all applications of receivers and trustees !;o be allowed their commissions but no notice shall be necessary in cases wliere the applica- tion shows that the maximum commissions of such officers will not exceed fifty dollars. RULE LII. Return of Filing Fees. Fees deposited by the petitioner in involuntary cases or by others than the bank- rupt him.sclf in voluntary cases shall be returned by the trustees in all cases where sufficient funds for such purpose come into the hands of the trustee. RULES IN NORTHERN DISTRICT OF TEXAS. 849 RULE Lin. Whenever the office of a Referee is vacant or its occupant is absent or disqualified and the Judge is absent from the judicial district, the Referee holding an appointment under this court whose office is nearest and most convenient to the district of such absent or disqualified Referee shall temporarily fill the vacancy unless he himself is absent or disqualified, in which case any other Referee may temporarily fill the vacancy. The court will apportion the fees and expenses of the Referees in such cases upon proper application. The foregoing rules of practice in the United States District Court for the Northern District of Texas, Fifth Circuit, are hereby adopted, and all rules and orders in conflict herewith are hereby rescinded. This December 15, 1914. NORTHERN DISTRICT OF ALABAMA. It is hereby ordered that the following Kules of Practice in Bankruptcy be and hereby are adopted as the Rules of this Court, to become efl'ective July 1, 1916. It is further ordered that all existing Rules of Practice in Bankruptcy not hereby adopted be and and the same will become void and of no effect on and after the 30th day of June, 1916. It is further ordered that the Clerk will enter these Rules on the ^Minute Book of the Court. W . I. GRUBB, Judge. May 27, 1916. RULE I. Forms of Petitions and Schedules. All petitions must be either printed or typewritten, and shall show the full address of the bankrupt, including street and number. The schedules attached must be in single sheets of ordinary legal cap size. Schedule "A"' must show, either in legible manuscript, or typewriting, the names of the creditors alphabetically arranged, their addresses, the character and consideration of the debt, placed in separate ruled columns, the amounts of the debts being carried out in a column properly ruled, the columns of debts footed up, and the totals carried forward. For disregard of this rule allowance of compensation to the attorney for the bankrupt for preparing and tiling schedules may be refused. RULE n. Schedules in Involuntary Cases Referred to Referees. In involuntary cases referred by the clerk to the referee, the referee shall, if tlie bankrupt fails within the time prescribed by law to hie his schedules, as soon as practicable, make an order and cause a copy thereof to be mailed to, or personally served upon the bankrupt, to file in the court by a day named in said order, schedules in triplicate, under oath, and in the form hereinbefore prescribed, of all his creditors, giving their names, addresses, the amount due each, the consideration of the debt, and what security, if any, is held for the same; also a full and complete schedule of all his assets, showing the character, condition and location, and estimated value of each item; and in case such bankrupt be a corporation, such notice shall be directed to, or served upon the secretary or treasurer thereof, or upon such officer, agent or employee as shall have charge, or have had charge of the books of account of the corporation. RULE III. Proceedings Upon Petitions in Forma Pauperis. W lien the petition of a proposed A'oluntary bankrupt, accompanied by an affidavit averring that the petitioner is without and cannot obtain the money with which to pay the hling fees required by the Act and the Tliree Dollars ($3) provided for by these rules, is offered for file, the clerk may, \inder oath, examine the petitioner, or his attorney, or both, touching the facts set forth in said affidavit. If from such examina- tion it appears that the petitioner has, or can obtain the money with which to pay said filing fees, the clerk shall not be required to file the said petition unless ordered to do so by the court, or upon the payment of the fees, or unless a satisfactory arrangement with the court acting through the referee is made for future payment of such fees and expenses. [S.50] RULES IN NORTHERN DISTRICT OF ALABAMA. 851 RULE IV. Reference of Cases, In the Southern Division of the Northern District of Alabama, the clerk in making distribution between the referees of cases filed shall classify separately all involuntary cases and all voluntary cases in whicli tlie bankrupt schedules assets in excess of the amounts which he could claim as exempt under the laws of Alabama, on the one hand, and all voluntary cases in whicli the assets scheduled by the bankrupt are equal to or less than the amount of his exemptions, on the other hand. The cases so filed of the first class shall be referred to each of the referees alternately, and the cases so filed of the second class shall be separately referred alternately to each of the referees by the clerk, upon filingi. RULE V. Jurisdiction of Referee on Referred Cases. Whenever a case shall be referred to a referee, either by special order of the Judge, or by the certificate of the clerk, the same shall be considered and treated as before and within the jurisdiction of the referee for all purposes, proceedings and orders that may be necessary or required in the case, including the appointment of receivers, and the granting of restraining orders, but excepting orders confirming compositions and granting discharges, as to which the jurisdiction of the Judge is exclusive. RULE VI. Notice to Creditors. The referee shall cause notice of the first meeting of creditors to be published at least once, and mailed to each creditor as scheduled, at the place of residence as given in the schedule; and of all subsequent proceedings and hearings in the cause, as to which notice is required by the Act, or the rules of practice of this court, he shall cause notice to be mailed to each of the creditors as provided by law, or to their attorneys of record. When tlie length of time of notice is not prescribed by the Act or by any rule, the referee shall in his order fix such time as in his judgment shall seem best. The certificate of the referee filed with his record shall, in all cases and for all purposes, be evidence that notice has been published and mailed as required by the Act, the rules, or the order of the court. RULE VII. Place of Meetings. When from an inspection of the schedules filed, or otherwise, it is made to appear to the referee that it will be most convenient for the parties in interest, the referee shall appoint the meetings of creditors to be held at the office of the referee, or at such other convenient place as he may select. RULE VIIL Setting Off Exemptions. It shall be the duty of the referee, as soon as practicable after the adjudication, to set ofi" and allow as exempt to the bankrupt the property claimed by him, if the same is exempt as prescribed by the Act, whenever no trustee has been appointed, or when it appears from the condition and character of the estate that there will be no other duty for a trustee to perform other than the collection and receipt of the property claimed as exempt, and the setting apart of the same to the bankrupt. The claim of the bankrupt for such exemptions shall be contained in his scliedules as prescribed by subdivision 8 of section 7 of the Act; and. if not so ccmtained, the bankrupt shall not claim exemptions as matter of right. 852 RULES IN NORTHERN DISTRICT OF ALABAMA. RULE IX. Rule Nisi Touching Assets in Possession of Third Person. Whenever it shall be made to appear to the referee that any jiroperty belonging to the estate of an adjudged bankrupt is in the possession or under the control of any per- son other tlian the bankrupt, it shall be his duty to issue an order directed to such per- son or persons commanding them to appear before him on a day to be named and show cause, if any there be, why such property should not be surrendered to the bankrupt court, or to its receiver or trustee, in case a receiver or trustee has been appointed; and in the event it shall appear that the property in question is property belonging to the estate of the bankrupt, and which the court has jurisdiction to administer, he shall order such person to surrender the same, and he may also order a writ of seizure to issue by the clerk under the seal of the court in the usual form directed to the marshal of the district in which the property is situate commanding him to take possession of such property, and hold the same subject to the orders of the court, or he may order the receiver or trustee as the case may be to take possession. RULE X. Enforcement of Orders. (a) Where a final order of court made by the Judge or a referee is a fixed liability to pay a certain sum or sums of money, or to do a certain defined act or acts, satisfaction or enforcement may also be compelled by the ordinary process of execution, writ of assistance and of sequestration and other court process. (b) JSlo payment by way of dividend, allowance, or other distributive share of an estate in bankj-uptcy, or delivery to a bankrupt of his exemptions, shall be made, if the person or party to whom payment or delivery otherwise should ^be made is in default with, or liable to, the estate in bankruptcy, until such default or liability is discharged. Such dividend, allowance or distributive share shall be applied by the court to, or towards, discharging such liability, and only the excess over be paid to such person or party. (c) Property allowed to a bankrupt as exempt shall bear the necessary expense of its protection and preservation, and, if such expenses are not paid by the bankrupt, so much thereof may be sold under order of court as shall be suflScient to pay such expense and the expense of selling. RULE XI. Service of Notices and Orders Issued by Referee. The rei'eree may designate any person to serve any order or notice issued by him, and the return of service by the person so designated, properly verified, shall be deemed and treated as sufficient service to support any subsequent action or orders predicated thereon. RULE XII. Proceedings on Review From Referee. In all cases in which a review is allowed by the Bankrupt Act to the District Judge from any decision or ruling of the referee, the party seeking the appeal must within five days after the ruling or decision, file in writing with the referee his petition for review, and thereupon it shall be the duty of the referee, if in his opinion a review is authorized by the Act, to certify the review to the Judge as pro- vided by the Act and General Orders; but if the referee shall be of the opinion that no review is authorized by the Act, he shall so endorse upon the petition therefor, and the party to the petition may apply to the Judge in Chambers within ten days for a writ or order in the nature of a certiorari to the referee. A review shaJl not operate as supersedeas unless so ordered by the referee or the Judge, and bond may be required if supersedeas is ordered. RULES IN NORTHERN DISTRICT OF ALABAMA. 853 RULE XIII. Bonds of Receivers and Trustees. All bonds of receivers and trustees shall be kept on file in the office of the clerk of the court. When such bonds are approved by referees, they shall be transmitted forthwith to the clerk of the court who shall file the same and enter a record thereof in the bankruptcy dockets. RULE XIV. Depositors. Banking institutions as depositors for moneys of bankruptcy estates shall be designated by orders entered for that purpose, and the clerk shall keep a list of author- ized depositories open to the inspection of the public and shall furnish a copy thereof to each referee in the district. RULE XV. Deposits of Receivers and Trustees. Referees, receivers and trustees shall deposit all moneys coming into their possession in designated depositories to their credit as follows: " Referee, Receiver or Trustee {Name of Referee, Receiver or Trustee) of Bankruptcy No " (Same of Bankrupt) Receivers and trustees, upon the selection of a depository, shall in each case advise the referee in charge thereof of the name of such depository and shall also state in each report the name of the depository or depositories in which balances in their possession are on deposit. RULE XVI. 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 XXIX of the General Orders, unless otherwise specifically ordered by the Judge. The referee shall, except as to checks issued in conducting the business of the bankrupt, verify the correctness of all checks as to names and amounts before countersigning the same, and shall mail all checks countersigned direct to payees or attorneys author- ized to receive the same. Before dividend checks are mailed, the referee shall enter, or cause to be entered, the amounts and dates of pajTnent thereof in the proper columns of the claim docket. RULE XVIL Payment of Filing Fees by Trustee. The trustee, in any case where he has money belonging to the bankruptcy estate, sufficient to pay the whole or part of the filing fees and other costs taxed in the clerk's office, may be ordered forthwith to deposit such money witli the clerk of the court, to be by him applied to the payment of such fees and costs in the case. RULE XVIII. Payment of Referees' Fees. The fee of Fifteen Dollars ( SIS. 00) provided by Section 40 of the Act of Congress relating to bankruptcies shall not be payable to the referee unless there is a general reference, or some question relating to the estate, or composition, or discliarge is referred to the referee. The fee of fifteen Dollars ($15.00) for the referee prescribed in said Section 40 shall be payable within ten (10) days after each case has been closed ; and for such ])urpose a case shall be considered as closed when an order is 854 KULES IN NORTHERN DISTRICT OF ALABAMA. made that no trustee be appointed, as prescribed by General Orders in bankruptcy XV of the Supreme Court of the United States, and in cases of composition when the composition is confirmed and the case dismissed according to Section 12e of said Act. RULE XIX. Deposit for Publishing Notices and for Other Expenses. Upon the filing of a petition in bankruptcy, the bankrupt shall deposit $3.00 witn the clerk or the referee, as indemnity for tlie cost of publishing notices, clerical hire, stationery and other expenses necessarily incurred by the referee, and the receipt of such deposit shall be accounted for by the referee in the manner set forth in rule XX. RULE XX. Accounts of Referees. Every referee shall keep in a well-bound book suitable for the purpose an itemized Recount showing all expenses necessarily incurred, by him for clerk hire, in publish- ing or mailing notices, in traveling, in perpetuating testimony, or other expense necessarily incurred in the performance of his duties. Such account shall also show all amounts received by the referee by way of reimbursement for such expenses, including the deposit of $3.00 in each case provided for in rule XIX. On the first Tuesday in each month every referee shall submit to the Judge an itemized statement under oath of all amounts received for expenses and all dis- bursements made on account thereof during the preceding month. RULE XXL Costs in Hearings Before Referees. On hearings before the referees, unless otherwise ordered, the unsuccessful party litigant must pay the costs and expenses of such proceedings, and execution may issue for such costs. On hearings before referees the unsuccessful party must pay the costs and expenses of the proceedings taxed against him, and deposit with the referee not less than the sum of Seven and 50/100 Dollars, before the referee is required to file or allow a petition for review. In the event the cost and expenses of the proceedings and the making of the certificate shall exceed the sum of Seven and 50/100 Dollars, then the petitioner for review must deposit a sufficient sum with the referee to cover the costs and expenses and the estimated cost of the review. RULE XXII. Commissions of Referees and Trustees. The commission of referees shall be based on tlie amount of moneys disbursed to creditors, and the maximum allowance to trustees for commission shall be based on all moneys disbursed or turned over to any person, including lien holders, as is provided by the Bankruptcy Act. Such commissions of the referee and trustee shall not be payable in full until the order of final distribution has been made by the referee. Partial payments, however, may be made on such commissions during the course of administration, but in no instance shall such payments exceed the amount of commission that has accrued on the total amount of moneys actually disbursed or payments actually made. RULE XXIII. Receivers' Reports and Accounts. Immediately upon the appointment and qualification of a trustee, the receiver shall turn over to said trustee all the money and property in the receiver's possession. RULES IN NORTHERN DISTRICT OF ALABAMA. 855 taking the trustee's receipt tlieret'or. The I'eceiver shall hie his report and account within ten days after the election of the trustee, unless such time be extended by the Judge or referee upon proper application and showing. RULE XXIV. Reports and Accounts of Trustees. Every trustee shall tile with his hnal report an account duly veriHed showing in detail the amount of money received by him as trustee, the amount disbursed and on what account disbursed, and the amount of funds remaining in his possession. 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 ten days after the day on which said report and account are filed. At such final meeting of creditors the referee shall audit the account of the trustee, and shall enter an order approving the same, if it is found to be correct. At said final meeting the referee shall also pass upon all petitions for fees and allowances and shall order the final distribution of all funds in the hands of the trustee. Such funds shall be disbursed in open court at such final meeting or forthwith thereafter. After all funds have been disbursed by tlie trustee in accordance w^ith the orders of the referee, the trustee, unless final distribution was made in open court as above provided, shall file a supplemental report, and if it appears that the trustee has fairly and honestly administered said estate and duly accounted for all property or money coming to bis handc in accordance with law, the referee shall enter an order discharging the trustee from his trust. RULE XXV. Referees' Dockets and Record Books. Every referee shall keep a docket with a suitable index, in which shall be entered by cases the names of creditors and their attorneys, amounts scheduled, amounts claimed, dates on which claims are filed, amounts allowed, and amounts of dividends declared and dates of payment thereof. Every referee shall also keep a docket, separate and distinct from that above mentioned, in which shall be entered the dates and character of all papers filed, all orders made, the dates and purposes of all meetings of creditors, and a record of all other proceedings before the referee. At the close of each case the referee shall prepare a transcript of the entries in this docket to which shall be attached all orders and the papers relating thereto and dividend sheets, arranged in chronological order and fol- lowed by a certificate that the case is closed, and the same shall be securely fastened between suitable covers. Such papers shall constitute the record book of the referee provided for in Section 42-a of the Bankruptcy Act, and the same shall be forthwith filed with the clerk of the court together with all papers on file in the referee's office. RULE XXVI. Files of the Clerk's Office. No order signed by the Judge shall be delivered or transmitted to a referee, attorney, or other person, until the same has been filed and recorded in the office of the clerk of the court. However, if the Judge deems it advisable, an order may be made in duplicate and the duplicate delivered or mailed to the referee having charge of the case, pending the filing and recording of the original order. No attorney or other person shall take or carry away from the clerk's office files in any case or any order or paper belonging to the same without having obtained permission of the Judge, or the clerk by his direction, and when the files in any case or any order or other paper belonging thereto are taken under such permission, a card 856 RULES IN NORTHERN DISTRICT OF ALABAMA. shall be placed in the lile box by the clerk of the court showing the date on which the tiles or portions thereof were removed and the name of the person to whom the same were delivered. RULE XXVII. Attorneys and Fees of Receivers and Trustees. (a) No receiver or trustee shall employ an attorney without having obtained authority by written order from the Judge or referee upon written application setting forth the necessity for such employment. Petitions for the allowance of attorneys' fees shall show in detail the amount and character of all services performed, and no attorney for a receiver or trustee shall be allowed compensation out of the assets of the estate for services other than for such as are reasonably necessary and of a strictly legal character. (b) But one attorney's fee shall be allowed for representing the petitioning^ creditors; but one attorney's fee shall be allowed for representing the receiver or receivers; but one attorney's fee shall be allowed for representing the trustee or trustees, and but one attorney's fee shall be allowed for representing the bankrupt, and in each case such attorney's fees shall be for all services rendered by attorneys throughout the proceedings; and if any dispute arises between attorneys as to the distribution among themselves as to such fees, the matter shall be heard by the referee or the Judge and the apportionment as between themselves determined, provided temporary allowances may be made from time to time not to exceed the total fee which may be finally allowed. (c) No allowance of any such fees for or on account of attorneys' ser\'ices, or to a receiver or trustee, in a sum greater than one hundred dollars for his entire services shall be made or paid, except upon written approval of the Judge. RULE XXVIII. Notice to Bankrupt Regarding Applications for Discharge. In each case in which an application for discharge has not been filed, the clerk of the court shall notify the bankrupt of that fact 30 days before the expiration of twelve months subsequent to the date of adjudication and shall advise him that such application can not be filed after the expiration of said period without permission from the Judge. The bankrupt shall also be advised in such notice of the amount of any fees or costs due and unpaid in the case. RULE XXIX. Proceedings Upon Petition for Discharge. Upon the filing of a petition for discharge, the referee, in case the costs and expenses which have accrued in the cause have been paid, or otherwise to his satis- faction provided for, shall fix a time for the hearing of the same before the Judge in Chambers, as also a time within which parties in interest may enter appearance in opposition, and if no appearance in opposition shall be entered within the time limited, the referee shall so immediately certify to the Judge, and the order of discharge will issue as of course; but if appearance in opposition be entered within the time limited, and the specifications are filed as required by General Order XXXII, the referee will proceed thereafter to give notice to the bankrupt and to all creditors as prescribed by law, that he will proceed to take testimony touching the specifi- cation filed, which notice shall fix a date when the taking of the testimony shall be begun. Upon the completion of the testimony the referee shall certify the same and his conclusions of fact and law to the Judge for further action. For the purposes of taking such testimony and making such report all amendable defects or omissions in the specifications shall be considered as amended; and the pleadings, to meet the RULES IN NORTHERN DISTRICT OF ALABAMA. 857 testimony, shall thereafter be settled by the Judge upon the hearing. Provided, bow- ever, that the referee shall not be required to hold such reference, and take such testi- mony without first having the costs for taking the same, including the expense of a stenographer and typewriter, advanced and deposited with him. For good cau^c shown the referee may extend tlie time within which the taking of the testimony shall be concluded. As soon as any certificate or report provided for in this rule is filed by a referee, the same shall be laid before the Judge by the clerk of the court. RULE XXX. Proceedings Upon Proposed Compositions. (a) A bankrupt desiring to oli'er terms of composition to his creditors si; oil express such desire in writing and file it with the clerk with the schedule of his property and the list of creditors required to be hied by bankrupts, if such schedule and list shall then not already have been tiled. Thereupon the clerk will refer the case to the referee for preliminary hearing and report, who shall give ten days (10) notice thereof to creditors (1) for examination of the bankrupt, (2) for filing claims, (3) receiving and hling his offer of composition, with acceptances of creditors, (4) for filing and allowing claims not already allowed, (5) for hearing evidence upon the subject of whether or not the ofi'er should be confirmed, and (6) reporting the same with his opinion thereon to the Judge concerning the ofi'er and whether or not, in his opinion, it should be confirmed, and the estimated amount of consideration necessarj'^ to effect the composition, if confirmed. The bankrupt may file an amended ofi'er of a greater consideration at such hearing or before or at the hearing for confirmation before the Judge. The opinion of the referee shall be advisory only, but it shall be his duty ex mero motu to investigate with care and report all matter, whether developed by strict legal testimony or not, which might influence or assist the Judge upon tinally hearing the ofi'er, and especially inquire into and report upon the points of whether or not there is reason to believe the bankrupt has made any fraudulent transfer or is concealing any assets. Additional testimony may be offered, by any person in interest, upon the final hearing before the Judge. On the day the report of the referee is filed with the clerk, the bankrupt shall tile with the clerk his application for a confirmation, Avhich day is the day when creditors are required to show cause aa provided by General Order XXXII, of his offer as originally made or as amended. Thereupon the referee shall give ten days' (10) notice that such application will be heard by the Judge on a named day and hour. Though no creditors file specifications of opposition or make any objection to confirmation at or before the hearing, the confirmation of the offer shall not be made as of course; but the Judge shall fully inquire into the matter and refuse to confirm unless it is affirmatively shown to him that a decree of confirmation should be entered according to the provisions of section 12 of the Act. (b) If the ofier be confirmed the referee shall receive and distribute the con- sideration, and the case shall be thereafter considered as re-referred to him for such purpose and for tiling and linally allowing claims, all of his orders being subject to review as in ordinary cases. If the consideration paid in is not sufficient to satisfy tl:e offer as confirmed, the referee shall, from time to time, make, subject to review, orders to the bankrupt to pay in additional sums, and if such orders are not promptly obeyed, the referee, subject to review, may order a warrant to issue to the marshal to retake the estate and such substitutes thereof as may be found and hold the same for disposition under orders of the court. If any excess remains after the composition as confirmed is settled, it shall be returned to the bankrupt. (c) Although a creditor be not shown on the schedule or list or named in the proceedings, he may nevertheless tile his claim for allowance and participation, but if 858 RULES IN NORTHERN DISTRICT OF ALABAMA. he fails to do so, his rights, whatever they be, shall be such as if this subdivision of this rule did not exist. (d) Notwithstanding the confirmation of a composition and delivery of the estate in bankruptcy to the bankrupt, jurisdiction of the court over the bankrupt and of the estate and substitutes thereof and of parts thereof is retained to perfect and complete the composition as confirmed, and any and all the process and writs issuable out of a district court of the United States may issue to make completely efl'ective the composition as finally confirmed. (e) All orders of the court acting through the referee shall be final imless annulled or modified on review taken within five days as in other cases. (f) When the consideration is completely distributed and settlement made according to the confirmation, the referee shall make report containing itemized statement of receipts and disbursements and file the same as in the office of the clerk of the court. RULE XXXI. Instructions to Referees. (a) Referees are directed to exercise an active supervision over trustees to pre- vent delay in the settlment of estates. The provisions of section 47 of the Bankruptcy Act, requiring that trustees make reports every two months, and of section 65, requiring dividends to be paid thirty days after the adjudication, if there is sufficient monej' applicable thereto to pay same, 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 sucTi dividends, or unreasonably delays, in any respect, the prompt settlement of the estate, the referee in charge is directed to make 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. (b) Referees are directed to make a report to the court at the close of each fiscal year of all asset cases which have not been closed and which have been pending before them more than fifteen months. Sucli reports shall 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. 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: 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-office 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 v.-ithin their respective territorial jurisdiction, and may from time to time alter and amend the same; provided, that such rules shall not be inconsistent with tbe 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 [859] 860 RULES IN EASTERN DISTRICT OF LOUISIANA. 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. V. 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. VIII. DECREES OF REFEREES— WHEN SIGNED. All decrees rendered by Referees shall be signed not sooner than three (3> KULES IN EASTERN DISTRICT OP LOUISIANA. 861 clear days after rendition, and shall become final ten (10) clear days thereafter, unless appealed from. IX. ACCOUNTS OF RECEIVERS. After adjudication and reference every Receiver's account shall be sworn to and filed with the Referee not later than ten days after the trustee shall have ciualified, 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. X. 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 affidavit 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 bas 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 Judge, for dismissal of the petition as provided in General Order XXXV (4) in Bankruptcy, adopted by the Supreme Court of the United States. 862 EXILES IN EASTERN DISTRICT OF LOUISIANA. XII. INDEMNITY EXPENSES FOR REFEREES. Pursuant to Section 30 of the Bankruptcy Act of July 1st, 1898, and of Rules 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 oflfice 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 claim.s 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 cf The assets of the estate, as provided in General Order X adopted by the Supreme Court of the United States. XIII. FINAL ACCOUNTS OF TRUSTEES. The final account of the Trustee, in all cases, shall be sworn to and filed with RULES IN EASTERN DISTRICT OF LOUISIANA. 863 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 tor 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 ard 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 (29r) per cent on the first Ten Thousard ($10,000.00) Dollars realized and one (17/ ) per cent on amounts in excess of Ten Thousand ($10,000.00) Dollars. Upon sales of movables said compensation shall not exceed five (59/ ) 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. 864 EULES IN EASTERN DISTRICT OF LOUISIANA. 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 (759c) 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 Nevi' 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 SEHVED. 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 RULES IN EASTERN DISTRICT OF LOUISIANA. 865 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 thirty 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 bs 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 sufficient 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. XX. 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 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 5-5 of 866 RULES IN EASTERN DISTRICT OF LOUISIANA. 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. WESTERN DISTRICT OF WASHINGTON, N. D. RULE I. Records. 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 deposi- tions, 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. RULE II. Records 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 toj). 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. RULE III. Size and Quality of Paper. That records may be made conformably to Rules 1 and 2, 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 indorsements 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 indorsed 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. RULE IV. Expense of Making 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 petitioners, the expenses of completing and binding records w'ill be taxed as costs against them. [SG7] 868 RULES IN WESTERN DIST. OF WASHINGTON, NORTH. DIV. RULE 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. RULE 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. RULE 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 bankrupt estates, provided that the charge for office rent and furniture shall not exceed five dollars in a contested case of involuntary bank- ruptcy, nor three dollars in any other case. RULE 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 use during the pendency of a reference, 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 Avhatever, until the Referee himself shall return them to the Clerk's office. RULE IX. Proof of Publication. Proof of publication of all notices required to be published shall be made by the affidavit of the publisher or business manager of the newspaper and must be accom- panied 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. RULE X. Indemnity for Expenses. In each case referred the Referee may require as indemnity for his expenses a deposit of ten dollars in money from the petitioner or petitioners, which amount shall be accounted for, and any surplus remaining shall be repaid. If further pro- ceedings 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. RULE XI. Expense Fee for Filing Claims. To cover the expenses of the Referee's office for clerical assistance in filing and listing claims, Referees will collect from creditors a fee of fifteen cents for each claim presented. KULES IN WESTERN DIST. OF WASHINGTON, NORTH. DIV. 869 RULE XII. Time for Filing Claims Not Scheduled. Claims against a bankrupt estate, not scheduled by the bankrupt, must be pre- sented to the Keferee on or before the thirtieth day after the first meeting of creditors. 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 mailino- such copy, they will collect from the person, firm or company presenting such unscheduled claim twenty cents for each copy to be sent. RULE XIII. Opposition to Allowances 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 fifth 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 twentieth day after the mailing to creditors of copies of such additional claims, as required by the twelfth rule. RULE XIV. Proceedings in Forma Pauperis. WTien 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 allowed 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. RULE XV. Referees — Their General Powers. There shall be and hereby is conferred vipon 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 can do or perform (except as to questions arising out of the application of bankrupts for composition discharge) in every matter which may be hereafter referred generally at any state 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 power 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. [Wliile there is no written rule to that effect, it is the practice of the Court in this division of this district to require the bankrupt to file an affidavit known as the " Final Affidavit of Bankrupt," in which all those things which would be a bar to his discharge, as set out in section 14, subdivision B of the Act, are negatived, before an order of discharge will be signed.] DISTRICT OF OREGON. RULE I. Review of Referee's Decisions. When any question is certified here for review of the decision of a Referee, the record so transmitted shall be tiled by the L'lerk, 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 question 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. RULE II. Practice on Objections to Discharge of Bankrupt. 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 bank- rupt or his attorney and proof of such service made upon the original, and the bank- rupt may, within ten days from the date of such service, demur, answer ur otherwise plead to such specifications, but not otherwise. B. 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, as special master, 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. RULE III. Idem. Upon the coming in of the Referee's report, the procedure prescribed in Rule I shall apply in all contested applications for discharge as to a hearing upon the merits in this Court. RULE IV. Orflers Made by the Clerk of Course. In all voluntary cases, when the Judge is in the district, and no objections ate on file, the Clerk shall, upon filing the petition for adjudication, as of course, enter (if record and file the order of adjudication and order referring the cause to tlie 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 may be, payable out of the estate for the purpose of adminis- tration, 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. RULE V. Transmission of Trustee's Bonds and Lists of Claims. Referees are required to promptly transmit to the Clerk of this Court complete lists of all claims filed against estates before them for administration, and are like- wise required to forward to the Clerk the bonds of Trustees in all cases. [870] RULES IN DISTRICT OF OREGON. 871 RULE VI. Expenses of Referee — Indemnity for. In order to facilitate the prompt closing of '" no asset " cases, the Referee may exact from the bankrupt an amount suflicient to cover the expense of mailing and publishing notices, as provided in General Order No. X, but no more, and upon failure of the bankrupt to pay such amount that fact may be certified to the Court for the proper action. RULE VII. Additional Fees of Referee and Trustee. No compensation or fees in addition to those provided by law will be allowed to Referees or Trustees under the guise of *' office expenses," " clerk hire," etc., and Referees are required to transmit to the Clerk a detailed account of expenses claimed by the Referee or Trustee incident to the administration of any estate for approval or disapproval, before such estate is finally closed and the record certified up. Now, at this day, it is ordered that from and after this date the cost to be collected by the Clerk in bankruptcy proceedings for process and notices to creditors upon petition for discharge shall be the sum of twenty cents per notice for each notice sent — July 3, 1914. Review of Order of Referee — Time to File Petition and Record. In all cases in which a review by this Court of the action or decision of the Referee in bankruptcy is sought, the petition for review must be filed with the Referee within twenty days from the date of the order or action sought to be reviewed. And thereupon, the Referee, whose action or decision to be reviewed is sought, shall, within ten days from the date the petition for review is filed with him, file in this Court all the records and papers, or certified copies thereof, necessary to a hearing in this Court. (Amendment adopted December 2, 1914.) Receivers in Bankruptcy Cases — Showing Required — Not to Incur Expense. Receivers shall not be appointed in bankruptcy cases in any event unless it is first made to appear by affidavit that such appointment is necessary in order to preserve the estate, pending the election of a trustee, and no Receiver when appointed shall incur any expense (except as shall be necessary to preserve the estate), either in making inventory, employing assistants or counsel or otherwise without first mak- ing application to the Court or Referee showing the necessity therefor, and obtaining authority to do so. (Amendment adopted September 28, 1914.) NORTHERN DISTRICT OF CALIFORNIA. RULE 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. RULE II. 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 hrst day of each regular term, present to the Court a statement, showing all moneys received by him during the pre- ceding 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. RULE IIL 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 bankruptcy pro- ceeding, except such as are addressed to the referee in bankruptcy, will be heard only at the beginning of the morning session of the Court. RULE 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. RULE V. Checks or warrants drawTi pursuant to No. XXIX of the General Orders in Bank- ruptcy, adopted and established by the Supreme Court of the United States, November 29, 1898, shall be countersigned by the referee having jurisdiction of tlie 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. RULE VL 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. [872] RULES IN NORTHERN DISTRICT OF CALIFORNIA. 873 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 npon the trustee's verified report that no assets have come into his liands or were discover- able. When tlie 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. RULE VII. Questions certified by the referee to the Judge of this Court for liis 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 cer- tificate with the clerk, unless otherwise ordered by the Court. RULE VIIL Discharge and Composition. Application for the discharge of the bankrui^t, or for confirmation of a compo- sition, duly verified, should be filed in the first instance with the referee in charge, who will thereuijon 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 com- position, 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. RULE IX. A petition for a review by the Judge of an order made by the referee, as provided 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. RULE X. A person entitled to file a petition for review, or a petition for the re-examination of any claim filed against the bankrupt's estate, shall at the time of filing, deposit with the referee, such sxun as the referee may designate as required to cover the cost of such proceeding. SOUTHERN DISTRICT OF CALIFORNIA. RULE I. Checks or warrants drawn pursuant to No. XXIX of tlie General Orders in Bank- ruptcy, adopted and established by the Supreme Court of the United States, Novem- ber 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 furnislied by the Clerk of this Court to each depository Avithin the district. * RULE IX. It is ordered, that the Referees in Bankruptcy in said Court be, and are hereby vested with jurisdiction in all bankruptcy cases within the limits of their respective counties, to perform all the duties conferred on Courts of Bankruptcy, which Referees may be required or authorized to perform; except as otherwise provided by General Order in Bankruptcy, No. XII. RULE XI. The Clerk shall deliver to the Referee a copy of the order of reference, or trans- mit the same by mail to the Referees having their offices outside of the city of Los Angeles, and thereafter all proceedings, except such as are required by the Bank- ruptcy Act, 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. RULE XII. The petition for a discharge, or for a confirmation of a composition, must be filed with the Clerk of the Court. No discharge will be granted in any case until there has been filed with the Clerk a report or certificate of the Referee, to whom said case shall have been referred, that the bankrupt has in all things conformed to the requirements of the Act, and that he has committed none of the oflfenses and done none of the things prohibited in subdivision b of section 14 of the Act, and that he is in the opinion of the Referee, entitled to his discharge. Adopted November 27, 1914. RULE XIII. The order to show cause why a discharge should not be granted may be entered by the Clerk, or his deputy, and notice, stating the time and place of the hearing, must be given, aa provided in section 58 of the Act, as amended June 25, 1910, to all known creditors and other persons in interest, by mail, and publication once, at least thirty (30) days prior to said hearing. 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 tlie discharge, he shall appear on the return day, and thereafter file a verified specification of the ground of his opposition, as provided in General Order XXXII. RULE XIV. All moneys deposited with the Clerk for the fees of the Referee and Trustee and the expenses of bankruptcy proceedings shall be deposited by the Clerk in a designated depository of the United States, in an account to be known as the " Bank- ruptcy Account" of the Clerk of this Court; said moneys to be subject to checks signed by the Clerk. (Promulgated January 25, 1915.) ♦ No intervening rules in bankruptcy. [874] KULES IN SOUTHERN DISTRICT OF CALIFORNIA. 875 SULE XV. Both in voluntary and involuntary cases the fees and commissions of Referees and Trustees shall be paid immediately after such fees and commissions accrue and are earned. RULE XVI. In each case referred to the Referee, the Referee may require as indemnity for liis expenses, and be entitled to collect in advance of services to be rendered, and shall be allowed, costs and expenditures in accordance with the following schedule: 1. Amounts required to be paid for advertising. 2. For all clerical aid in preparing advertisements 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 tlie matters mentioned in section 58, subdivision a, to be paid by the person or persons at whose instance and request said meeting is held 5 00 4. If notices to creditors exceed 25 in number, in addition to the above for each notice in excess of 25 (tlie number of creditors to be stated) 10 5. 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 6. For every other meeting of creditors, including any and every adjourned meeting 1 50 7. For clerical aid in taking and perpetuating testimony on the examination of the bankrupt or otlier persons before the Referee, the actual expenses of the stenographer, not exceeding $10 a day, and when the same is transcribed then an additional rate shall be allowed of ten cents per folio for taking and transcribing. 8. For certifying question to the Judge for review, with necessary record.. 3 00 and for making copies of orders or other papers, each 50 if exceeding one page 25 additional for each page, to be paid by the party ordering it. For certifying to any order 50 For certificate of Referee on application for discharge 2 00 RULE XVII. Xo Receiver or Trustee in bankruptcy heretofore or hereafter appointed or elected in any bankruptcy proceeding, in this district, shall hereafter employ an attorney at the expense of the bankrupt estate, except on the order of the Court or Referee, based on a petition showing the reasons and necessity for the employment, and the name of the attorney it is proposed shall be employed. Attorneys employed in violation of this rule shall receive no compensation. Adopted November 19, 1915. RULE XVIII. Upon the filing of a petition for discharge in a bankruptcy matter, the bankrupt shall be required to pay to the Clerk the sum of two dollars to cover the cost of mail- ing notices to creditors. RULE XIX. No order to show cause why a discharge should not be granted in a bankruptcy matter shall be placed upon the calendar for hearings until the Referee's certificate of compliance and the affidavit of publication shall have been on file in the Clerk's office for five days prior to the date for hearing. 876 CONVENIENT TIME TABLE OF PROCEDURE. CONVENIENT TIME TABLE OF PROCEDURE. 877 a. O Ji ^ so OCCC S ■ ^ 03 ■ ^ a o a; beg &,_2 -^ J-; "o =« ^^ c J C.2 "^ O X § bJD 3 1^ ^ « .J O £?^ a S Qj 2 2'^ So^ . «■ S 73 '? ~ +i O H fiH t:^ ■^ - >. i::^ CS -4J - o o o .S p oj (- S 2 ^ ^ ij • a rt c ^ s .2 2 J ^ § ^ 'tn — - O CO ao) bo OiP ClQOQ <1<1, ^ O GO tJJ .-^ 03 -tJ s ^ § ^ a - - < bo o J s c O tH r, to O 4) 3 »-l CO 4) ^ o o '^ o o -tJ -4J <«-, -t^ o o ^.2 w -2 '-*^ >• "ti a o oj i) jy 5 'lis S Sic coOK h5 ^ 02 <; d e^p ;^<^ : § ' -_ « Oj ; -H TS oi ; o c ce - o ^1 OQ CO --I . o 5" o o t- -^^ o -4-> rt Q ;h « '2 o C 2 3 tn m <« o li "? ^ 1 el o<<-< e -w a, a. O- O-K^ i^ cS <:o > ~ 1 ^ -U -M !h ~ * O Cj -tJ a -u 03 a 5 CK' a a: Oi CO Ci c 'C X Q ;^ _^ f— 1 ^ OS c QC a; (M ^H CO ^ r^ COS X CS r- <*- '* ! -3 1^1 ■/T 5 =^ "^ i^iX GENERAL INDEX. GENERAL INDEX, A ACCEPTANCE : page of oflfer of composition , 474 ACCOUXT: oath to final 138, 323 final, notice to creditors 226 of receiver 137 of trustee 322 order passing and allowing 227 notice of hearing, receiver's 140 exceptions to receiver's 141 exceptions to trustee's 325 report of special master on 143 order passing trustee's 227 ACKNOWLEDGMENT: (See Oath.) by partnership to letter of attorney 255 by corporation to letter of attorney 256 ACTIONS: (See Suit, Receiver, Trustee.) ACTS OF BANKEUPTCY: admission of 53 by directors of a corporation 53 enumerated generally 38, 39, 40, 41 trial by jury of issue 65 ADJUDICATION : order denying 74 notice of 166 effect of 70, 71, 72 order of 69 order of, by referee 73 partnership and individual 71 principal place of business 44 petition to vacate 89, 90 petition to vacate in involuntary proceedings 90 when order may be entered 70 consent to 68 no collateral attack upon 71 ADMISSION: of inability to pay debts, etc 53 881 882 GENERAL INDEX. ADVERSE CLAIMANTS: page consent to jurisdiction 554 meaning of term 201, 202 AFFIDAVIT: of attorney to conform to rule as to retainer 122 by receiver for leave to begin action 129 of pauper in voluntary proceedings 29 and order to show cause to punish bankrupt for failure to file schedules 84 to list of creditors by petitioning creditors 87 of bankrupt as to exemptions 183 of lost bill or note 253 of mailing notices 170 of publication 169 of trustee upon assessment for personal taxes against estate 301 to intervene in State Court action by trustee 307 to stay sale by trustee, of mortgaged chattels 414 to stay suit (Supplementary Proceedings) 413 of mailing notice of petition of bankrupt for discharge 425 that no specifications have been filed 431 for cancellation of a judgment 464 to dissolve lien of attachment 519 AGENT : proof of claims by. (See Claims.) ALABAMA : rules in bankruptcy 850-858 AMENDMENT: of petition, petition for 95 of specifications 446 of discharge 430 of proof of claim 239 of schedules 181, 182 of record on appeal, order of 631 of printed record on appeal and directing printing, order of 632 ANCILLARY PROCEEDINGS: petition for appointment of receiver in 159 order thereon 162 petition for leave to obtain order of examination in 353 order granting leave to apply for 354 petition in, for examination 355 order of examination in 356 ANSWER: of alleged bankrupt 57, 58 alleging more than twelve creditors 60 denying bankruptcy 57 of creditor 62 order extending time to 67 consent to withdraw 68 in reclamation proceedings 315 GENERAL INDEX. 883 ANSWER — Continued. page of bankrupt to rule to show cause for contempt 534 of assignee for benefit of creditors to rule to turn over property to re- ceiver 545 APPEAL: (See Petition, Review, Writs of Error.) petition for, to Circuit Court of Appeals from order denying discharge and order allowing same 612 citation on 620 assignment of errors 621 bond on 622 bond on, notice of filing of 624 praecipe 626 stipulation as to praecipe 627 stipulation as to record on 625, 628 appearance of counsel on 630 order amending record on 631 order amending printed record and directing printing 632 petition to restore, to calendar 633 order for mandate 634 mandate 635 decree after mandate of reversal 637 order on mandate 636 petition for appeal from a Circuit Court of Appeals to the Supreme Court of the U. S 649 order allowing appeal from a Circuit Court of Appeals to the Supreme Court of the U. S 652 APPEARANCE : notice of, by bankrupt or creditor 49 by objecting creditor to discharge 430 of objecting creditor on composition 487 of counsel on appeal 630 APPOINTMENT: oath and report of appraisers 219 of trustee by referee 175 APPRAISERS: oath and appointment of 219 petition for allowance by 220 ASSESSMENT: order directing, for unpaid stock subscriptions 589 petition to levy 586 ASSETS: order directing delivery to trustee, etc., by receiver 133 petition that bankrupt turn over assets 198 order directing bankrupt to turn over assets 203 petition for leave to reject as burdensome 297 order authorizing trustee to reject as burdensome 298 trustee's return of no assets 320 S84 GENERAL INDEX. ASSIGNED CLAIMS: Pagf, proof, how made 237 ASSIGNEE : answer of, to rule to turn over property to receiver 545 jurisdiction to compel accounting by 546 allowance to 546 attorneys for assignee 547 ASSIGN]\IENT OF ERRORS 621 ATTACHMENT: affidavit to dissolve lien of 519 notice of motion to dissolve lien of 521 order dissolving lien of 522 priority of costs in 278 ATTORNEY: petition of receiver to retain 121 affidavit of attorney thereon 122 order authorizing retention 123 petition of receiver's, for allowance 142 order appointing for trustee 179 petition to reconsider fee of 204 order that attorney repay money 205 order fixing allowance of bankrupt's 228 appearance of, on appeal 630 petition of, for additional compensation 327 certificate of referee thereon 328 order allowing additional compensation to 330 petition for allowance to, of petitioning creditors 543 ATTORNEY IN FACT: proorf of claim by 247, 248 power of attorney to, general 254 special 256 ATTORNEY GENERAL: report for, of Referee in bankruptcy to clerk 551 AUCTIONEERS : notice of taxation of charges of 397 B BANKS: order designating depository of bankruptcy funds 548 bond of depository 550 BANKRUPT: willingness to be ad judged 53 answer of, denying insolvency 57 alleging more than twelve creditors 60 general answer of 58 order for examination of 339 GENERAL INDEX. 885 BANKRUPT — Continued, page form of examination of 350 petition for discharge of 421 answer of, to rule to show cause for contempt 534 attorney for, allowance of 228 BANKRUPTCY ACT OF 1898: as amended 1910 665-701 index to 702-714 BILL IN EQUITY : to recover a preference 558 to set aside mortgage under sec. 67-e within four months' period where prop- erty has been sold free and clear of liens 560 for conspiracy to defraud creditors 581 BILL OF COSTS AND NOTICE OF TAXATION IN RECLAMATION 517 respondent's bill of costs and notice 83> BILL OF SALE: of personal property by trustee 299 complaint to set aside under sec. 70, made beyond four months period 574 BOND: to marshal for release of property 104 to marshal bj' petitioning creditors 104 petition that petitioners' be increased 113 order denying petition to increase 115 of petitioning creditor HI of receiver 118 of referee 165 of trustee 289 order approving trustee's 177 in reclamation proceedings for possession of property 510 of depository 550 on appeal 622 notice of filing of on appeal 624 on ne exeat 598 BURDENSOME PROPERTY: petition for leave to reject assets as 297 order authorizing trustee to reject assets as 298 BUSINESS OF BANKRUPT: petition by receiver to continue 124 order authorizing receiver to continue 125 c CALENDAR : petition to restore appeal to 633 CALIFORNIA: rules in bankruptcy, N. D 872-873 rules in bankruptcy, S. D 874, 877 886 GENERAL INDEX. CERTIFICATE : page of falsity of pauper affidavit 192 of contempt for failure to obey summary order 213 for failure of witness to appear 214 on review by referee 211 of default of witness 214 closing case for laches 215 of referee's indemnity 230 of disqualification by referee 21fi of referee on application for additional compensation 330 of commissioner on deposition 360 of referee on discharge 427 of deposit on composition 477 of referee on composition 482 of question in a bankruptcy proceeding by a Circuit Court of Appeals to the Supreme Court 662 receiver's 156 petition to issue receiver's 151 order authorizing issuance of receiver's 152 of question of jurisdiction to Supreme Court 661 CERTIORARI: (See Writs.) CIRCUIT COURT OF APPEALS: (See Appeals, Writs.) CITATION: on appeal 620 CLAIM : proof of, unsecured 235 proof of, secured 241 due corporation, proof of 244 by partnership, proof of 245 by agent or attorney, proof of 247 by agent or attorney, proof of secured 248 by trustee in bankruptcy, proof of 252 for wages, proof of 251 proof of priority, for taxes 249 objections to 258 be reconsidered, petition that 260 notice thereon 263 order to show cause wliy claim should not be reconsidered, reduced or expunged 264 order reducing or expunging 265 order allowing 266 petition to pay priority 273 order directing payment of priority 279 petition to review order rejecting 280 petition that all claims to securities, etc., be presented and referred 281 order to show cause thereon 283 " Omnibus Order " referring claims to securities, etc., to Special Master for determination og.! CLAIMS: provable 266 non-provable 268 GENERAL INDEX. 887 CLAIMS — Continued. page contingent 271 unliquidated 27 1 CLERKS : report of referee to, for attorney-general 551 COLORADO: rules in bankruptcy 841-843 COMPENSATION: (See Receiver, Trustee, Attorney.) COMPLAINT : upon promissory note 553 against defaulting purchaser for deficiency upon resale 556 to set aside under sec. 70, bill of sale made beyond four months' period 574 to declare secret trust 571 to recover unpaid stock subscriptions 590 COMPOSITION: offer of 468 petition for meeting to consider 470 petition for appointment of referee and staying adjudication 471 order appointing referee and staying adjudication 472 notice of meeting to consider, before adjudication 473 acceptance of offer of 474 application for confirmation of 479 arrangement of papers thereon 483 certificate of deposit thereon 477 notice to creditors for publication 481 notice to creditors to show cause 480 referee's certificate thereon 482 order confirming and making distribution 483 notice of appearance of objecting creditor 487 specifications of objection to 488 exceptions to specifications 491 report of special master on specifications 492 order refusing confirmation 493 petition to set aside 494 order setting aside 497 COMPROMISE OF CONTROVERSY : petition of trustee for meeting to consider 194 order authorizing 196 notice to creditors of 195 CONDITIONAL SALE : ( See Reclamation. ) CONFESSION OF BANKRUPTCY. (See Admission.) CONNECTICUT: rules in bankruptcy 776-780 CONSENT : to withdraw answer 68 of bankrupt to appointment of receiver 110 888 GENERAL INDEX. CONSPIRACY : ' PAUE to defraud creditors, bill in equity for ; 581 CONTEMPT OF COURT: certificate of 215 order adjudging bankrupt in 535 answer of bankrupt to rule to show cause for 534 order purging of 539 CONTRACTS : order authorizing receiver to complete 128 CONTROVERSIES: (See Compromise.) COPYRIGHTS: ordev that trustee transfer 193 CORPORATION: acknowledgement by to letter of Attorney 256 proof of claim by 244 admission of bankruptcy by 53 voluntary petition by, with resolution of directors 23 involuntary petition against 43 COSTS : demand for security for, from trustee .plaintiff 317 order requiring trustee to give security for 318 CREDITORS: answer of, to involuntary petition . 62 petition for meeting of, to consider an oiler of composition 470 CRIMINATING QUESTIONS: rules as to 337 COUNSEL: (See Attorney.) appearance of, on appeal 630 D DEBTS: admission of inability to pay 53 what are dischargeable 441, 442 DECREE: in District Court after mandate of reversal in equity suit 637 DEED: to real property by trustee 300 DEFAULTING PURCHASER: complaint against, for deficiency upon resale 556 DEMAND : for jury trial 63 for security for costs from trustee plaintiff 317 in reclamation 498 GENERAL INDEX. 889 DENIAL OF BANKRUPTCY: page by bankrupt 57 DEPOSIT: certificate of, on composition 477 DEPOSITIONS: notice of taking, (de bene esse) SST form of 359 certificate of commissioner or notary 36U DEPOSITORIES: orders designating, for bankruptcy funds ,. 548 bond of 5o0 DISCHARGE : bankrupt's petition for 421 order to show cause thereon 424 affidavit of mailing notice of petition for discharge of bankrupt 425 notice on same for publication 426 referee's certificate on 427 arrangement of papers on, as required in Southern District of New York.. .. 424 order of 428 notice of appearance of objecting creditors on 430 aflBdavit that no specifications have been filed 431 specifications of objection to 432 exceptions to specifications 445 petition to amend sj^ecifications 446 order autliorizing trustee to file objections 448 order of reference to Special Master 449 notice of hearing before Special Master 450 report of Special Master on specifications 452 arrangement of papers on contested discliarge in Soutliern District of New York 454 order opening default on discharge proceedings 455 order denying discharge on report of Special Master 456 petition for extension of time to apply for 457 referee's certificate on application for extension of time 458 order extending time to apply for 459 affidavit for cancellation of a judgment (New York practice) 464 order cancelling judgment ( New Y'ork practice) 465 petition to revoke 460 order revoking 461 denying or allowing, petition for appeal to Circuit Court of Appeals from. . . . 612 DISMISSAL: (See Petition, Specifications.) DISTRIBUTION: order of, on composition 483 DIVIDEND : order declaring first 222 sheet 222 notice of and warrant 224 order declaring final 227 890 GENERAL INDEX. PAGE DOCUMENTS: (See Subpoena, duces tecum.) DOMICILE: and residence distinguished 32 E EMPLOYEES: (See Wages, Wage Earners.) ENCUMBRANCES: free and clear of (see Sales). EQUITY : bill in, to set aside mortgage under sec. 67-e, within four months' period, where property has been sold free and clear of liens 560 bill in, for conspiracy to defraud creditors 581 ERRORS: assignment of 621 EXAMINATION OF BANKRUPT: order for 339 order for before Commissioner 335 petition therefor 333 form of 350 EXAMINATION OF THIRD PERSONS: (See Witness.) petition by receiver under sec. 21-a 333 order therefor 335 petition by trustee and for subpoena 340 order therefor 341 petition that marshal produce prisoner 342 order thereon 343 form of 350 EXCEPTIONS: to referee's order 207 to Master's report on issues of bankruptcy 79 to trustee's report on exemptions 293 to specifications of objection to discharge 445 to specifications of objection to confirmation of a composition 491 to receiver's account 141 to trustee's account 325 EXECUTIONS: (See Sheriflf.) order dissolving lien of 525 when lien dissolved 526 EXEMPTIONS : affidavit of bankrupt as to 183 order allowing, when no trustee 184 petition for review of order on 18.1 trustee's report on 292 exceptions to same 203 GENERAL INDEX. 891 EXEMPTION'S — Continued. page order allowing, on report 294 notes containing waiver of 18!> in homesteads 191 practice on 188 in partnership assets 190 F FALSE OATH: (See Discharge, Acts of Bankruptcy, Examinations.) FARMERS: may not be adjudged involuntary bankrupt 33 FILING FEES: (See Petition, Claim, Referee.) FRAUDULENT TRANSFERS: (See Suits, Trustee, Discharge, Acts of Bank- ruptcy. ) G CxARNISHMENT: petition to dissolve lien of 527 notice of motion thereon 529 order dissolving lien of 530 GENERAL ASSIGNMENT: as an act of bankruptcy 40, 41 GENERAL ORDERS : of Supreme Court 715-736 H HABEAS CORPUS: petition for writ of 600 writ of 602 HEARING: (See Eeferee, Examination.) HOMESTEADS : exemptions of 191 I ILLINOIS : rules in bankruptcy, northern district, E. D 826-820 INDEMNITY: referee's certificate of 230 INDIANA: rules in bankruptcy 824-825 INDICTMENT: for concealment of assets 604 for perjury in bankruptcy proceeding. 607 notes on ' 608, 609, 610 892 GENERAL INDEX. INFANT: PAGli may file voluntary petition 19i INJUNCTIONS: (See Restraining Orders.) INSOLVENCY: appointment of receiver by reason of 41, 42 INTERVENTION: petition for 5ft order allowing 51 aflSdavit of trustee to intervene in State Court action 307 order allowing trustee to intervene 30& INVOLUNTARY PROCEEDINGS: (See Petition.) order dismissing by consent 75 INVOLUNTARY PETITION: by three creditors against individual 30 by one creditor against partnership 45. against corporation 43. J JUDGMENT: cancellation of, application for 464r in reclamation for delivery, etc 515. JURISDICTION: (See Appeals, Writs of Error, Suits by Trustee.) JURY TRIAL: demand for 63- order for 65. L LEASE: Notice of adoption of, by trustee 30? order requiring trustee to adopt or reject 302: LEGAL PROCEEDINGS : order directing trustee to abandon 309' LETTER OF ATTORNEY: general 254 special 256 acknowledgment by partnership to 255 acknowledgment by corporation to 256 LIEN: of attachment, affidavit to dissolve 519* of attachment notice of motion to dissolve 521 LIENOR: answer of, to receiver's petition to issue certificates 155 GENERAL IInDEX. 893 I.IQUIDA1 ION OF CLAIM: page by litigation 239-24» LOST BILL OR NOTE: affidavit of 253 LOUISIANA: rules in bankruptcy, Eastern district 85^866 LUNATIC: when may be adjudged bankrupt 33 M MANDAMUS: petition for writ of 603 MANDATE: form of 635 order for 634 order on 636 MARRIED WOMEN: when may be adjudged bankrupt 33 MARSHAL: return of, on subpoena to alleged bankrupt 47 warrant to and return , 102 bond to, for release of property 104 bond of petitioning creditors to 104 petition to produce prisoner for examination 342 order thereon 343 MARYLAND: rules in bankruptcy 806-809 MASSACHUSETTS : rules in bankruptcy 773-775 MEETING OF CREDITORS: order for, after thirty days 167 notice of lirst : 168 list of debts proved at first 171 MISSOURI : rules in bankruptcy. Eastern district 830-337 MONEY: (See Depositories.) MORTGAGE : bill in equity to set aside under sec. 67-e, within four months' period where property has been sold free and clear of liens 560 MOTION: to dismiss petition for defects on face of petition 56 to vacate adjudication, notice of 89 894 GENERAL INDEX. MOTION — Continued. page to confirm report of Special Master 145 notice of, to dissolve lien of attachment 521 notice of, for stay pending review 647 N NEBRASKA: rules in bankruptcy 838-840 NE EXEAT: order in nature of 596 bond on 598 NEW JERSEY: rules in bankruptcy 781-792 NEWSPAPERS : designation of. (See rules.) NEW YORK: rules in bankruptcy, E. D 757-762 rules in bankruptcy, N. D 749-756 rules in bankruptcy, S. D 739-748 rules in bankruptcy, W. D 763-772 NOTE : complaint upon promissory 553 NOTARY PUBLIC: certificate of, on deposition 360 NOTICE: of appearance by bankrupt or creditor 49 of trial 66 of hearing before special master 78 of motion to confirm report 145 of adjudication 166 of first meeting of creditors 168 of defective proof of debt 180 to trustee of appointment 176 of special meeting 195 of dividend and warrant 224 of final meeting 226 to claimant that claim is to be reconsidered 26;? of adoption of lease by trustee 303 to trustee to file report 178 of meeting to elect new trustee 316 of taking deposition (de bene esse) 357 of sale by receiver 370 of sale upon sealed bids 371 of sale by trustee 373 of sale, N. J. practice 381 of motion to sell free of liens 388 of taxation of auctioneer's charges 397 GENERAL INDEX. 895 NOTICE — Continued. page of petition for bankrupt's discharge, for publication 426 of appearance of objecting creditor to discharge 430 of hearing before special master on specitications of objection to discharge. .. 450 of meeting to consider composition before adjudication 473 of confirmation of a composition 481 of appearance on contested composition 487 of motion on petition to reclaim 504 of taxation of bill of costs in reclamation 517 of motion to dissolve lien of attachment 5"22 of filing of bond on appeal 624 of motion for stay pending review 647 of filing petition to review 646 OATH: to schedules 8, 17 to petition in bankruptcy 4 to list of creditors by petitioners 87 of oflSce, by referee 165 to final account of trustee 323 of appraisers 219 OBJECTIONS : to receiver's account 141 to proof of debt 258 to trustee's account 325 to discharge, specifications of 432 to composition, specifications of 488 OFFENSES: (See Discharge.) OFFER: of composition 468 petition for meeting to consider 470 acceptance of 474 OHIO: rules in bankruptcy, S. D 819-823 ORDEK: denying motion to dismiss petition for defects on face 56 allowing intervention -51 for jury trial 65 denying increase of bond 115 of adjudication and reference 60 of reference in judge's absence 72 of adjiulication by referee 73 denying adjudication 74 dismissing petition, etc 75 referring issues to special master 77 overruling report of special master 80 upon report of master dismissing petition 80, 81 directing bankrupt to file schedules 86 896 GENERAL INDEX. ORDER — Continued. pagk dismissing proceeding upon consent 88 of publication 94 transferring proceeding to another district 99 extending time to answer 67 appointing temporary receiver 107 appointing receiver after adjudication 117 authorization retention of counsel 123 authorizing receiver to continue business 125 discharging liens 127 that receiver complete contracts 128 authorizing receiver to begin action 130 permitting receiver to join in petition 131 permitting suit against receiver 132 directing delivery of assets to trustee 133 confinning report of special master 146 confirming report upon dismissal of petition 148 Tacating receivership 149 authorizing issuance of receiver's certificates 152 appointing ancillary receiver 162 for first meeting after thirty days 167 approving trustee's bond 177 that no trustee be appointed 177 appointing attorney for trustee 179 amending schedules 182 allowing exemptions, when no trustee 184 that trustee transfer copyright 193 authorizing compromise 196 that bankrupt turn over concealed assets 203 that attorney repay moneys 205 declaring first dividend 222 passing trustee's account and declaring dividend 227 that trustee pay dividend heretofore declared 225 granting allowance to bankrupt's attorney 228 substituting referee 217 of protection from arrest 233 for re-examination of claim 262 to show cause why claim should not be reconsidered, reduced or expunged .... 264 reducing or expunging claim 265 allowing claim 266 for liquidation of claim 272 directing pajTuent of priority claims 279 to show cause on petition that all claims to securities be presented and referred 281 " Omnibus," referring claims to securities, etc., to special master for determi- nation 285 allowing exemptions on report 294 authorizing trustee to reject assets as burdensome 297 for trustee to continue business of bankrupt 296 for examination under section 21-a 335 for examination of bankrupt 339 for examination before referee 341 that marshal produce prisoner for examination 343 that witness sign testimony 352 GENERAL INDEX. 897 ORDER — Continued. PACE granting leave for ancillary examination 353 for ancillary examination 356 for appraisal and sale before adjudication 364 for appraisal and sale upon sealed bids 369 for private sale by trustee 375 for sale at auction of real estate 377 authorizing trustee to file objections 448 for sale subject to lien 380 directing sale free and clear of liens 390 confirming sale 395 for resale upon default 398 to show cause to vacate sale 401 allowing trustee to intervene 306, 308 directing trustee to abandon legal proceedings 309 ratifying acts of trustee 310 to show cause on petition for removal of trustee 311 for removal of trustee 313 for choice of new trustee 315 requiring trustee to give security for costs 318 requiring trustee to adopt or reject lease 302 authorizing trustee to sue 305 requiring trustee to file final account 319 allowing additional compensation to attorney for trustee 330 discharging trustee 332 to show cause for an injunction 405 injunction 406 staying suit in state court 412 vacating stay » 419 to show cause on bankrupt's petition for discharge 424 of discharge 428 authorizing trustee to file objections 448 of reference to special master on speci-fications of objection to discharge 449 opening default on discharge proceeding 455 denying discharge upon report of special master 456 extending time to apply for discharge 459 revoking discharge 461 to show cause to confirm a composition 480 for deposit on composition 476 confirming a composition and making distribution 483 refusing to confirm a. composition 493 setting aside a composition 497 of reference to special master in reclamation proceedings 513 dismissing reclamation 512 for delivery of goods in reclamation 515 dissolving lien of attachment 522 dissolving lien of execution 525 dissolving lien of garnishment 530 for payment of sheriff's fees 532 adjudging bankrupt in contempt 535 purging of contempt 539 reopening estate 542 designating depository of bankruptcy funds 548 directing assessment for unpaid stock subscriptions 589 898 GENERAL INDEX. OEDER — Continued. pagi; amending record on appeal G31 amending printed -record on appeal and directing printing 632 for mandate 634 on mandate 63!> staving proceedings pending review under section 24-b 64S allowing appeal from a Circuit Court of Appeals to the Supreme Court of the United States 652 of ne exeat 5!!6 general orders of Supreme Court 715-730 OREGON: rules in bankruptcy 870-87 1 P PARTNERS: (See Partnership.) what non-assenting may plead 28 PARTNERSHIP: (See Claims.) petition 25 all partners not joining 27 involuntary against 43 acknowledgment by, to letter of attorney 255 PAUPER : certificate of falsity of affidavit in 192 when bankrupt may file in forma pauperis 30 affidavit of 29 PEN^TSYLVANIA : rules in bankruptcy, E. D 793-794 rules in bankruptcy, W. D 79.5-800 rules in bankruptcy, W. D., Allegheny county 801-805 PENSION MONEY: exemption of 190 PERISHABLE PROPERTY: petition by receiver for sale of 372 petition and order by referee for sale of 378 what is 379' PERSONAL PROPER! Y : ( See Sales. ) • trustee's bill of sale of 299 PETITION: debtor's voluntary 4 voluntary by corporation 23 partnership 25 all partners not joining 27 involuntary by three creditors 30 involuntary against corporation 43 involuntary by one creditor against partnership 45 to intervene 50 GENERAL INDEX. 899 PETITIOX — Continued. page that bond of petitioners be increased 113 to vacate adjudication 90 for service by publication 92 to amend petition 95 order dismissing, etc 76 to transfer proceedings to another district 98 for appointment of receiver 105 same, after adjudication, etc 116 to reduce receiver's bond 120 to retain counsel, by receiver 121 by receiver to continue business 124 by receiver to discharge liens 126 of receiver's attorney for allowance 142 to issue receiver's certificates 151 for appointment of ancillary receiver 159 to amend schedules 181 to review order on exemptions 185 for meeting to consider compromise 194 for meeting to indemnify trustee 197 that bankrupt turn over assets < 198 to reconsider attorney's fee 204 to review referee's order < 208 for appointment of appraisers 218 of appraisers for allowance 220 for redemption of property from lien 231 for protection from, arrest 4, 232 that proof of debt be reconsidered 260 for payment of priority claims and schedules 273 ^--.for leave to reject assets as burdensome 29S by trustee for leave to continue business of bankrupt ^ 293 for leave by trustee to sue 304 of attorney for trustee for an allowance and for additional compensation.... 328 for removal of trustee 311 by receiver for examination (see. 21-a ) 333 by trustee for order of examination 340 that marshal produce prisoner for examination 342 that witness sign testimony 351 for leave to obtain ancillary order of examination 353 for ancillary examination 355 for appraisal and sale before adjudication ^ 363 for appraisal and sale after adjudication, etc 307 by receiver for sale of perishable property 372 for private sale by trustee 374 for sale at auction of real estate 376 for sale of perishable property without notice 378 for sale subject to lien 380 for sale free and clear of liens 385 to confirm sale 394 to vacate sale 399 for an injunction other than against suits 404 to modify restraining order 416 of bankrupt for discharge 421 to amend specifications 446 900 GENERAL INDEX. PETITION — Continued. page for extension of time to apply for discliarge 457 to revoke discharge 460 for meeting to consider composition 470 to deposit money for composition 475 to confirm composition 479 to set aside a composition 494 to reclaim 409 , 505 to reopen estate 540 for writ of habeas corpus 600 for writ of mandamus 603 for appeal to Circuit Court of Appeals from order denying a discharge or allowing a discharge 612 to restore appeal to calendar 633 to review under section 24-b 638 to review, notice of filing 646 for appeal from a circuit court of appeals to the Supreme Court of the United States 649 for writ of error from the Supreme Court of the United States to a circuit court of appeals 652 for writ of certiorari to remove a cause for review 656 PETITIONING CREDITOR: bond of .' 104, 111 who may be 34, 35, 36 right to withdraw 36 who may be estopped 36 one creditor as 47 petition to increase bond of 113 order denying petition to increase bond of 115 affidavit to list of creditors, prepared by 87 petition for allowance by attorney for 543 PLEADINGS: (See Petition, Suit, Trustee, etc.) POWER OF ATTORNEY: (See Letter of Attorney.) PRAECIPE 626 PRECEDING SIX MONTHS: meaning of 20, 44 PREFERENCE: (See Suit, Trustee, Act of Bankruptcy, etc.) PREFERENTIAL TRANSFER: (See Suits, Trustee, Acts of Bankruptcy, Dis- charge. ) PRINCIPAL PLACE OF BUSINESS: meaning of 44 PRINTED RECORD ON APPEAL: order amending and directing printing 632 PRIORITY : claim for wages 251 petition to pay 273 order directing payment of 279 what claims entitled to 273-278 GENEEAL INDEX. 901 PRIVILEGED COMMUNICATIONS: page meaning of 33g PROCEDURE : time table of 876-S7T PROCESS: (See Subpoena, Summons.) PROMISSORY NOTE: complaint upon 553 PROOF OF CLAIM: notice of defective ISO unsecured 235 secured 241 due corporation 244 by partnership 245 by agent or attorney 247 of secured debt by agent or attorney 248 proof of debt by municipality for taxes and notice 249 priority claim for wages 251 by trustee in bankruptcy 252 objections to 25^ petition to reconsider 260 order for re-examination of claim 262 notice to claimant thereon 263 order to show cause why claim should not be reconsidered, reduced or expunged 264 order reducing or expunging 265 order allowing 266 order for liquidation of claim 272 petition to review order rejecting 280 petition for payment of priority claims and schedules 273 petition that all claims to securities, etc., be presented and referred 281 order to show cause thereon 283 " Omnibus " order referring claims to securities, etc., to special master for determination 285 PROPERTY : bond in reclamation proceeding for possession of 510 PROTECTION FROM ARREST: petition for 232 order of 233 PROVABLE DEBTS : TSeTProof of Claims.) what are 266-271 PROXY: (See Letter of Attorney.) PUBLICATION': petition for service by 92 order of "^ affidavit of 169 notice for on bankrupt's petition for discharge 426 902 GENERAL INDEX. PURCHASER: PAGE complaint against defaulting, for deficiency upon resale 536 R REAL PROPERTY: (See Sale.) trustee's deed to 390 REASONABLE CAUSE TO BELIEVE: meaning of 568, 569 RECEIVER : petition for appointment of 105 order appointing 107 consent of bankrupt to appointment 110 bond of petitioning creditor HI petition for appointment after adjudication 116 order appointing after adjudication 117 bond of 118 petition for retention of counsel by 121 order authorizing retention of counsel by 123 petition by, to continue business 124 order authorizing, to continue business 125 order to complete contracts 128 affidavit for leave to begin action 12!> order authorizing, to begin action 130 order permitting to join in petition 131 order permitting suit against 132 order directing delivery of assets to trustee 133 report of 134 account of, and oath 137 notice of hearing upon account of 140 objections to account of 141 petition of attorney of, for allowance 142 order vacating appointment of 149 petition for appointment of ancillary 159 order appointing ancillary 162 petition by, for examination under Sec. 21-a 333 RECEIVER'S CERTIFICATES: petition to issue 151 order authorizing issuance 152 form of 156 answer of lienor to application 155 RECLAMATION : demand in 408 petition to reclaim because of false representations 499 petition to reclaim consigned goods 50.1 notice of motion thereon 504 answer in 509 bond in, for possession of property 510 order of reference to special master 51.3 report of special master 514 GENERAL INDEX. 903 RECLAMATIOX — Continued. cage judgment in, for delivery, etc ol3 bill of costs and notice of taxation 517 when right of, exists 502, 503, 504 when denied 502 RECOGNIZANCE: (See Bond, Xe Exeat.) RECORD: on composition. Southern district of N. Y 483 on appeal, stipulation as to G25 on appeal, order amending 631 on appeal, order amending printed, and directing printing 632 REDEMPTION OF PROPERTY: petition and order for, from lien 231 REFEREE: (See Trustee, Review, Examination, etc.) oath of office 165 bond of 165 appointment of trustee by 175 certificate of indemnity 230 certificate of disqualification 216 order substituting 217 certificate of, on discharge 427 certificate of, on application for extension of time to apply for discharge 458 certificate of, on composition 482 report of, to clerk for attorney-general 551 REFERENCE : order of 69 order of, in judge's absence 72 order of, in reclamation proceedings 513 REMOVAL: of trustee, petition for 311 order to show cause thereon 311 order for removal of trustee 313 RE-OPENING ESTATES : petition for 540 REPORT : trustee's first 201 of exempt property by trustee 292 exceptions to same 293 order allowing exemptions on 294 and final account 321-323 final 331 of special ma.ster on specifications of objection to discharge 452 of special master on specifications of objection to composition 492 order rejecting composition upon 493 of referee in bankruptcy to clerk for attorney-general 551 of receiver 134 of special master on receiver's account 143 notice of motion to confirm 145 904 GENERAL INDEX. REPORT — Continued. PAGE order confirming 14'j notice to trustee to file 17S of appraisers 211) RESIGXATIOX OF TRUSTEE 314 RESTRAIXIXG ORDER: petition for otlier than against suits 404 order to sliow cause for 405 form of 406 affidavit to stay sale, etc., of mortgaged chattels 414 to stay suit (supplementary proceedings) 413 form of to stay suit 412 petition to modify 416 EE-SALE: order for upon default of purchaser 398 Return: (See Marshal.) REVIEW: petition to, referee's order 208 petition to, under See. 24-b 638 REVOCATION: of discharge, petition for 460 of discharge, order on 461 RULE TO SHOW CAUSE: for contempt, answer of bankrupt to 534 RULES IX BANKRUPTCY: of Alabama 850-858 of California, Northern District 872-873 of California, Southern District 874-875 of Colorado 841-843 of Connecticut 776-780 of District of Columbia, Sup. Ct 810-818 of Illinois, Northern District, Eastern Division 826-829 of Indiana 824-825 of Louisiana, Eastern District 859-866 of Maryland 806-809 of Massachusetts 773-775 of Missouri, Eastern District 830-837 of Nebraska 838-840 of New Jersey 781-792 of New York, Eastern District 757-762 of New York, Northern District 749-756 of New York, Southern District 739-748 of New York, Western District 763-772 of Ohio, Southern District 819-823 of Oregon 870-871 of Pennsylvania, Eastern District 793-794 of Pennsylvania, Western District 705-800 of Pennsylvania, W. D., Allegheny Co 801-805 of Texas, Northern District 844-849 of Washington, Western District, E. D 867-869 GENERAL INDEX. 905 S SALE : PAGE petition for by receiver before adjudication 3G3 order for before adjudication 364 petition for by receiver after adjudication upon sealed bids 367 order thereon 369 notice of by receiver 370 notice of upon sealed bids 371 petition for by receiver of perishable property 372 notice of by trustee 373 petition for private, by trustee 374 order for private 375 petition for at auction of real estate 376 order for at auction of real estate 377 petition and order for, of perishable property by trustee without notice 378 petition and order for, subject to lien 380 petition for, free and clear of liens 385 notice of motion thereon 388 order directing, free and clear of liens 390 petition to confirm 394 order confirming 395 memorandum of " Terms " of 383 order to show cause to vacate 401 SALESMEN, TRAVELLING: entitled to priority e 274 SCHEDULES: debtor's 5-18 order directing bankrupt to file 86 petition to amend 181 order amending 182 oath to by creditors 87 admissibility of, in evidence - 22 official must be used 21 verification of 22 aflBdavit to punish bankrupt for failure to file 84 SECURED CREDITORS: proof by 241 what are construed as 242 SECURITY FOR COSTS: demand for from trustee plaintiff 317 order requiring trustee to furnish 318 SERVICE: (See Marshal, Subpoena, Summons.) by publication, petition for 02 by publication, order for 94 SHERIFFS: rights of, on attachment or execution 523 906 GENERAL INDEX. SPECIAL COMMISSIONER: page petition for examination before 333 order thereon 335 subpoena to appear before 344 SPECIAL MASTER: order referring issues to 77 notice of hearing before 78 report of on receiver's account 143 order of reference to, on specifications of objection to discharge 449 notice of hearing on same 450 report on same 452 order of reference to, in reclamation proceedings 513 report of, on reclamation proceeding 514 SPECIFICATIONS: (See Discharge, Composition.) affidavit that none have been filed 431 STATE COURT: affidavit of trustee to intervene in action in 307 order allowing trustee to intervene in action in 308 STAYS: (See Restraining Orders.) STIPULATION : as to record on appeal , 625 SUBPOENA: to alleged bankrupt 47 marshal's return thereon 47 petition for issuance 340 duces tecum 347 to appear before special commissioner • 344 ticket 345 SUBSCRIPTIONS TO STOCK: petition for leare to levy assessment for £86 order directing assessment for 5S9 complaint by trustee for 590 SUIT: affidavit by receiver for leave to begin 129 order authorizing receiver to begin 130 order permitting against receiver 132 petition for leave by trustee to bring 304 order granting leave to bring 305 affidavit to intervene in 307 order staying 412 SUMMONS : to appear before referee 346 return of, to witness 34i) SmiMARY JURISDICTION: (See Suit, Trustee.) GENERAL INDEX. 907 SUMAIARY STATEMENT: page in schedules 18 SUPERSEDEAS: (See Bond.) SUPREME COURT OF THE UXITED STATES: petition for appeal to, from a circuit court of appeals 649 order allowing appeal from a circuit court of appeals to 6.V2 petition for writ of error from, to a circuit court of appeals 6.52 notice of application to, for writ of certiorari 658 motion for writ of certiorari from, to a circuit court of appeals 659 writ of certiorari from, to a circuit court of appeals 6t)0 T TAXATION OF COSTS: notice of, etc., in reclamation 517 TAXES: priorty of 276 , 277 TEMPORARY INJUNCTION: (See Restraining Orders.) TEMPORARY RECEIVER: (See Receiver.) TESTIMONY: (See Examination, Witness.) TEXAS: rules in bankruptcy N. D 844-849 TIME: to answer, order extending 67 petition for extension of, to apply for discharge 45-8 order for extension of, to apply for discharge 459 TIMETABLE OF PROCEDURE: convenient 876-877 TRANSCRIPT OF RECORD: (See Appeals, Petition to Review, etc.) TORT: claim for, not provable 268 nor dischargeable 442 TRIAL: demand for jury ^*'-'> order for jury 6.> notice of ^'** TRUST : complaint to declare secret 571 TRUSTEE: appointment of by creditors 1 ' 2 appointment of by referee !"•> notice to, of appointment 17(» order approving bond 1 ' ^ order that none be appointed 177 908 GENERAL INDEX. TRUSTEE — continued. page notice to file report 178 order to transfer copyright 193 order passing account of 227 bond of 289 first report of 291 report of exempt property 292 report on exemptions, exceptions to 293 order allowing exemptions on report of 294 petition for leave to reject assets as burdensome 297 order authorizing, to reject assets as burdensome 298- petition by, for leave to continue business of bankrupt 295 order upon same 29ft bill of sale of personal property by 299 deed to real property by 30O affidavit uj)on assessment for personal taxes against estate 301 notice of adoption of lease by 303 petition by, for leave to sue 304 order granting leave to sue 305 affidavit by, to intervene in State Court action 307 order allowing trustee to intervene 308 order directing, to abandon legal proceedings 309 order ratifying acts of 310 petition for removal of 311 order to show cause on same 311 order for removal of 313. resignation of 314 order for choice of new .' 315- demand for security for costs from trustee plaintiff 317 order requiring, to give security for costs 318 return of no assets 320 report and final account of 321-323 oath to final account of 323 exceptions io account of 325 final report of 331 order discharging 332 petition by, for order of examination 340 sales by, (See Sales.) u UNrNTCORPORATED COMPANIES: may be adjudged bankrupt 34 UNITED STATES COMMISSIONER: (See Special Commissioner, Depositions, etc.) UNLIQUIDATED CLAIMS: what constitutes 271 UNSECURED CREDITOR: proof by 235 V VERIFICATION: of schedules 22' of petition 37, 38 of specifications 435 GENERAL INDEX. 909 VOLUNTARY BANKRUPT: (See Bankrupt, Petition.) page VOLUNTARY PETITION: debtor's 4 by corptiration 23 VOTERS : at creditors' meeting 173, 174 w WAGE EARNER: defined 274 may not be adjudged an involuntary bankrupt 34 priority of claim of 274, 275 WAGES : definition 274 WAIVER: (See Exemptions.) WARRANT: to marshal and return thereon 102 WASHINGTON: rules in bankruptcy, Western district, E. Div 867-SG9 WIFE: examination of. (See Examination.) claim of 259, 260 WITNESS: (See Examination, Contempt, Depositions.) certificate of default of 214 return of summons to 349 examination of 350 right to counsel 336 service on. (See Subpoena.) WRITS : petition for writ of error from Supreme Court to a Circuit Court of Appeals 652 of error from Supreme Court of the U. S. to a Circuit Court of Appeals. 653 of habeas corpus 602 of mandamus, petition for 603 of certiorari to remove a cause for review 660 of certiorari, notice of application to the Supreme Court for 658 of certiorari from the Supreme Court to a Circuit Court of Appeals motion for 660 of ne exeat 596 TOTAL NUMBER OF PAGES IN THIS VOLU^IE 963. Library Roland H. Mnlford Los Angeles LAW LIBRARY TOIVERSITV OF CMTB^ICSIS LOS ANGELES ' HAGAR AND ALEXANDER'S BANKRUPTCY FORMS SECOND EDITION ERRATA AND ADDENDA Pa