The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, 3. köide

William Miller Collier

M. Bender, incorporated, 1923 - 4119 pages

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VOLUME III	2039

FORM NO 1 Debtors petition	2041

PAGE	2057

Partnership petition	2058

Creditors petition	2060

Order to show cause upon creditors petition	2062

Denial of bankruptcy	2064

Order for jury trial	2065

Affidavit of Bankrupt as to Exemptions	2309

Order allowing Exemptions when no Trustee is Appointed	2310

Petition by Bankrupt for Review of Referees Order on 5 Exemptions	2311

ship 2160	2315

Certificate of Falsity of Pauper Affidavit	2318

Order that Trustee transfer Copyright	2319

Petition for Meeting of Creditors to consider proposed	2320

Compromise of Controversy	2321

Special warrant to marshal	2066

Bond of petitioning creditior	2067

Bond to marshal	2068

Adjudication that debtor is not bankrupt	2069

Adjudication of bankruptcy	2070

Appointment oath and report of appraisers	2074

Order of reference	2075

Order of reference in judges absence	2076

Referees oath of office	2077

Notice of first meeting of creditors	2078

List of debts proved at first meeting	2079

General letter of attorney in fact when creditor is not represented by attorney at law	2080

Special letter of attorney in fact	2081

Appointment of trustee by creditors	2083

Appointment of trustee by referee	2086

Notice to trustee of his appointment	2087

Bond of trustee	2088

Order approving trustees bond	2090

Order that no trustee be appointed	2091

Examination of bankrupt or witness	2092

Summons to witness	2093

Proof of unsecured debt	2094

Proof of secured debt	2101

Proof of debt due corporation	2104

Proof of debt by partnership	2105

Proof of debt by agent or attorney	2106

Proof of secured debt by agent	2107

Affidavit of lost bill or note	2108

FORM NO 38 Order reducing claim	2109

Order expunging claim	2110

List of claims and dividends to be recorded by referee and by him delivered to trustee	2111

Notice of dividend	2112

Petition and order for sale by auction of real estate	2113

Petition and order for redemption of property from lien	2115

Petition and order for sale subject to lien	2116

Petition and order for private sale	2117

Petition and order for sale of perishable property	2118

Trustees report of exempted property	2120

Trustees return of no assets	2121

Account of trustee	2122

Oath to final account of trustee	2123

Order allowing account and discharging trustee	2125

Notice of petition for removal of trustee	2126

Order for removal of trustee	2127

Order for choice of new trustee	2128

Certificate by referee to judge	2129

Bankrupts petition for discharge	2130

Specification of grounds of opposition to bankrupts discharge	2133

Discharge of bankrupt	2134

iii	2135

Petition for meeting to consider composition	2136

Application for confirmation of composition	2137

Order confirming composition	2138

Order of distribution on composition	2139

PART II	2141

FORM No 64 Voluntary Petition by Corporation with Resolution of Board of Directors	2143

Voluntary Petition of Partnership All Partners not Joining	2145

Order to NonJoining Partner to Appear and Plead Service by Publication	2148

Affidavit of Pauper in Voluntary Proceedings	2149

Involuntary Petition by three Creditors against Individual	2150

Involuntary Petition against a Corporation	2163

Involuntary Petition by one Creditor against a Partner	2166

FORM No 73 General Appearance of Bankrupt or Creditor	2169

Appearance by Intervening Creditor	2170

Petition of Creditor to intervene	2171

Order allowing Intervention	2172

Admission of Bankruptcy by a Corporation	2174

Motion to dismiss for Defects appearing on Face of Petition	2175

Order denying Motion to dismiss and Notice of Settlement	2177

General Answer of Alleged Bankrupt	2178

Answer alleging more than twelve creditors	2181

Answer of Creditor	2183

Demand for Jury Trial	2184

Notice of Trial in Involuntary Proceeding	2186

Order extending Time to Answer	2187

Consent to withdraw Answer and for Adjudication	2188

Order for Adjudication and Reference	2189

Order of Adjudication by Referee	2190

Order dismissing Petition vacating Receivership and Notice of Settlement	2191

Order referring Issues to Special Master	2193

Notice of Hearing before Special Master	2194

Report of Special Master in Involuntary Cases	2195

Order overruling Report of Special Master dismissing Petition etc	2196

Order confirming Report of Special Master dismissing Petition and referring Receivers Application to Special Master	2198

Respondents Bill of Costs and Notice of Taxation	2200

Affidavit and Order to show Cause to punish Bankrupt for Failure to file Schedules	2201

Order that Bankrupt file Schedules	2203

Affidavit to Schedule of Creditors when Bankrupt cannot be found	2204

Petition of Petitioning Creditors for dismissal in Involun tary Case	2205

Order to show cause on petition for dismissal in Involun tary Case	2207

Order of dismissal on petition of petitioning creditors and after notice in Involuntary Case	2208

Order dismissing Involuntary Proceedings by consent	2209

Notice of Motion to Vacate Adjudication	2211

Petition to vacate Adjudication and dismiss Voluntary Petition for want of Jurisdiction	2212

Petition to vacate Adjudication in Involuntary Proceedings	2213

Petition for Service by Publication	2215

Order of Publication	2217

Petition to amend Petition	2218

Petition to transfer Proceedings to another District	2222

Petition for Ancillary Proceedings in Partnership Bank ruptcy	2223

FORM NO 113 Order authorizing Ancillary Proceedings in Partnership Case	2225

Order transferring Proceedings to another District	2226

SUBDIVISION II	2228

FORM NO 115 Petition for Appointment of Receiver before Adjudication	2229

Order appointing Receiver before Adjudication and In junction	2231

Consent of Bankrupt to Appointment of Receiver	2234

Bond of Petitioning Creditor upon Appointment of Receiver	2235

Petition that Bond of Petitioning Creditor be increased	2238

Order denying Petition to increase Bond	2239

Petition for Appointment of Receiver after Adjudication by Referee and Consent of Creditors thereto	2240

Petition of bankrupt for appointment of receiver after Adjudication	2242

Order appointing Receiver after Adjudication and reference	2243

Bond of Receiver	2244

Petition for Order reducing Amount of Receivers Bond and Order thereon	2246

Petition by Receiver to employ Counsel	2247

Affidavit of Attorney thereon	2248

Order authorizing Receiver to employ Counsel	2249

Petition by Receiver to continue Business of Bankrupt	2250

Order authorizing Receiver to continue Business of Bank rupt	2251

Petition by Receiver to discharge Liens	2252

Order discharging Liens	2254

Order that Receiver complete Contracts	2255

Affidavit by Receiver for Leave to begin Suit	2256

Order authorizing Receiver to sue	2257

Order authorizing Receiver to join in Bankruptcy Pro ceedings	2258

Order allowing Suit against Receiver	2259

Order directing Delivery of Assets by Receiver to Trustee	2261

Report of Receiver	2262

Receivers Final Account and Oath to same	2264

Notice of Hearing upon Receivers Accounts before Special Master	2267

Exceptions to Receivers Accounts	2268

Petition for Allowance by Attorney for Receiver	2269

Report of Special Master on Receivers Account	2271

Notice of Motion to confirm Report of Special Master on Receivers Accounts	2273

Order confirming Report of Special Master on Receivers Account	2274

Order confirming Report and directing Payment by Peti tioning Creditors upon Dismissal of Involuntary Petition	2276

FORM NO 148 Order vacating Appointment of Receiver	2278

Petition for authority to issue Receivers Certificates	2279

Order authorizing Issuance of Receivers Certificates	2281

Answer of Lienor to Receivers Petition to issue Certificates as prior lien	2284

Receivers Certificate	2286

Petition for Appointment of Ancillary Receiver in Court of Ancillary Jurisdiction	2289

Order appointing Ancillary Receiver	2292

SUBDIVISION III	2293

FORM No 155 Notice of Adjudication	2295

Order for first Meeting of Creditors after thirty Days	2296

Short Form of Notice used in Southern District of New York by local Rule 2207	2297

Affidavit of Publication of Notice of first Meeting	2298

Special clauses for Notices to Creditors	2299

Order approving appointment of Trustee	2301

Notice to Trustee to file Report	2302

Order appointing Attorney for Trustee	2303

Notice of defective Proof of Claim	2304

Petition for order amending Schedules	2305

Order to show cause on amendment of Schedules	2306

Order amending Schedules	2307

Combined Notice to Creditors	2322

Order authorizing Compromise	2323

Petition for Meeting of Creditors to indemnify Trustee	2324

Petition to compel Bankrupt to turn over concealed Assets	2325

Summary Order that Bankrupt turn over concealed Assets	2330

Petition to reexamine Fee of Bankrupts Attorney	2331

Order for Repayment by Attorney	2333

Exceptions to Referees Order	2334

Petition to Review Referees Order	2335

Referees Certificate on Review	2338

Order dismissing Petition to review Referees Order	2339

Referees Certificate of Contempt for Failure to obey sum mary Order	2340

Referees Certificate on default of Witness	2341

FORM NO 189 Referees Certificate closing Proceeding for Lack of Prosecution	2343

Referees Certificate of Disqualification	2344

Order substituting new Referee	2345

Petition for Appointment of Appraisers	2346

Petition of Appraisers for Allowance for Services	2347

Order declaring and ordering first Dividend and Dividend Sheet	2349

Notice of Dividend and Warrant	2350

Order that Trustee pay Dividend heretofore declared	2351

Notice of final Meeting	2352

Final Order of Distribution	2353

Trustees combined Dividend Check and Receipt	2356

Referees Certificate of Fees payable	2357

Order fixing Allowance of Bankrupts Attorney	2358

Referees Certificate of Indemnity	2360

Petition for Order of Protection	2361

Order of Protection	2362

SUBDIVISION IV	2364

Partnership	2373

Petition for Reconsideration and Rejection of Claim	2375

Order for Reexamination of Claim	2379

Notice by Order to show Cause Substitute for Form No 216	2380

Order expunging or reducing Proof of Debt	2381

Order disallowing secured Claim of Bondholders	2383

Order for Liquidation of Claim	2390

thereof	2391

Order for Payment of priority Claims	2397

Petition to review Order expunging Proof of Debt	2398

referred	2399

Order to show Cause thereon	2401

Omnibus Order directing that Claims to Securities etc be filed and referred	2402

FORM NO 228 Bond of Trustees with justification of sureties	2407

Order approving Trustees bond	2408

Trustees first Report	2409

Exceptions to Trustees Report on Exemptions	2411

Order determining Exemptions after Trustees Report	2412

Petition of Trustee to continue Business of Bankrupt	2414

Petition for instruction as to burdensome property	2415

Order on petition as to burdensome property	2416

Trustees Bill of Sale	2417

Trustees Deed of Real Property	2418

Trustees Affidavit to corrrect Assessment for personal taxes	2420

Notice of Adoption of Lease by Trustee	2421

Petition by Trustee for Leave to sue	2423

Order of Federal Court permitting Trustee to intervene	2425

State Court Action	2426

Order in State Court allowing Trustee to intervene	2427

Order authorizing Trustee to abandon legal Proceedings	2428

Order ratifying Acts of Trustee	2430

thereon	2431

Notice of Meeting to elect new Trustee	2432

Demand for Security for Costs from Trustee Plaintiff	2433

Order requiring Trustee to furnish Security for Costs	2434

Order directing Trustee to file final Account	2436

Trustees final Report and Account	2437

Exceptions to Trustees Account	2439

257 Petition of Attorney for Trustee for an Allowance for Services and for a Certificate for additional Compensa tion Local Rule	2441

Certificate of Referee on Application for additional Com pensation Local Rule	2443

Order allowing additional Compensation to Attorney	2445

Trustee	2446

Order discharging Trustee	2447

Special Commissioner	2449

Order for Examination thereon	2450

Subpoena Ticket	2459

Order of Examination in Court of Ancillary Jurisdiction	2468

296	2503

FORM NO 300 Petition to vacate Sale	2508

Order to show Cause why Sale should not be vacated	2510

Order vacating Sale	2512

SUBDIVISION VIII	2513

FORM NO 337	2517

show cause	2519

Petition for stay of pending suits	2526

Referees stay and show cause on pending suits	2527

Stipulation that show cause be heard by referee	2529

Order that writ of injunction issue	2531

Affidavit by Bankrupt to stay Supplementary Proceedings	2532

Affidavit to stay Sale by Trustee of mortgaged Property and to modify Injunction	2533

Petition to modify Injunction 2536	2535

Order vacating Stay and permitting judgment against	2538

Bankrupt	2539

Form	2545

Affidavit that no Specifications have been filed	2547

Specifications of Objection to Discharge	2549

Exceptions to Specifications	2561

Petition to amend Specifications	2563

Order authorizing Trustee to file Objections to discharge	2566

Order of Reference to Special Master	2567

Notice of Hearing before Special Master	2568

Report of Special Master upon Specifications	2569

Order opening Default on Discharge Proceedings	2572

Petition for Extension of Time to apply for Discharge	2574

Referees Certificate on Application for extension of time	2576

345	2589

Report of Special Master on Specifications	2617

Judgment in Reclamation for Delivery etc upon Report	2638

Order for payment of Sheriffs Fees from Proceeds of Prop	2655

SUBDIVISION XIII	2675

Order directing such Assessment	2718

Complaint to recover unpaid Stock Subscriptions	2723

Form	2724

SUBDIVISION XIV	2727

Trustee	2739

Indictment for Perjury in Bankruptcy Proceeding	2742

SUBDIVISION XV	2746

Assignment of Errors	2759

Bond on Appeal	2760

Notice of Filing of Bond on Appeal	2761

Stipulation as to Record on Appeal	2762

Praecipe	2764

Stipulation as to the Record	2765

Certification by Clerk of Record on Appeal	2767

Order Amending Record on Appeal	2768

Order Amending Printed Record and Directing Printing	2769

as a Part of Original Record	2770

Order for Mandate	2772

Mandate	2773

Order on Mandate	2774

Decree in District Court after Mandate of Reversal in Equity Suit	2775

Petition to Revise in Matter of Law	2776

Order of District Court allowing petition for revision	2783

Matter of Law	2784

Notice to Respondent on Revision	2785

FORM NO 438 Order Staying Proceedings Pending Petition for Review	2786

Notice of Application to the Supreme Court for Writ	2794

SUBDIVISION XVI	2800

so as to Continue Operation of Business	2812

FORM NO 468 Petition for Order Authorizing Receivers to Renew Notes and to Borrow Money on Notes	2831

Order Authorizing Receivers to Renew Notes and to Bor row Money on Notes	2836

Petition for Appointment of Appraisers	2838

Order Appointing Appraisers	2839

Decree Modifying Decree of Sale and Directing Sale	2840

Notice of Sale and Application for Confirmation Thereof	2844

Report of Special Masters Appointed to Sell Assets	2849

Petition to Confirm Sale of Special Master	2854

Notice of Motion to Confirm Sale	2855

Order Confirming Sale of Real Property	2856

Receivers Deed	2857

Index to Vol III	2861

Notice of Taxation of Auctioneers Charges	2895

Notice of Motion for Stay Pending Review 2786	2896

Marshals Return thereon 2168	2897

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The Law and Practice in Bankruptcy Under the National Bankruptcy ..., 3. köide
William Miller Collier
Full view - 1923

Common terms and phrases

1st Cir 2d Cir 8th Cir adjudication aff'g affg affidavit aforesaid Alexander's Bankruptcy Forms alleged bankrupt allowed amended amount ante appearing application assets attorney Bank Bankruptcy Forms 2d bond certificate Circuit Court City claim clerk corporation Court of Appeals Cross-references Dated 19 day of 19 day of A. D. defendant deponent discharge District Court District Judge dividend dollars Equity Forms 2d Ed further ordered Hagar and Alexander's hereby hereto annexed Honorable insolvent involuntary judgment jurisdiction lien MATTER OF Bankrupt meeting of creditors mortgage motion N. Y. Supp named bankrupt notice oath partnership payment person petitioner prays petitioning creditors plaintiff proceedings reading and filing receiver Referee in Bankruptcy Referee's res adjudicata respectfully shows ruptcy schedule seal show cause Special Master subpoena supra thereof thereto trustee in bankruptcy trustee's U. S. Sup United States District verified Wherefore Witness

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Pealkiri	The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, 3. köide The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, William Miller Collier
Autor	William Miller Collier
Editors	Frank Bixby Gilbert, Fred Eugene Rosbrook
Edition	13
Publisher	M. Bender, incorporated, 1923
Original from	California Ülikool
Digitized	3 nov. 2008
Length	4119 pages

Export Citation	BiBTeX EndNote RefMan

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The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, 3. köide

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