Petition for Meeting to Consider Composition.1 District Court of the United States for the ..... District of .......... ..... ...... ..... ...... The above named bankrupt respectfully represent that a composition of ... per cent upon all unsecured debts, not entitled to a priority in satisfaction of .... debts has been proposed by.... to.... creditors, as provided by the acts of Congress relating to bankruptcy, and .... verily believe that the said composition will be accepted by a majority in number and in value of ...... creditors whose claims are allowed. Wherefore, he pray that a meeting of .... creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court. ......9 Bankrupt. order of discharge, not as under the former law by a certificate issued in accordance with the order. It is not proper to insert the itemized debts which it is supposed are released by the discharge. The question of the effect of the discharge upon any particular debt is determined, in any suit which may thereafter be brought on that debt. 1 Compare B. A. § 124 and 6. While the call of a meeting for the purpose of considering whether creditors will accept an offer of composition will doubtless greatly facilitate consideration of the question, such a meeting prior to the acceptance of the composition by a majority in number and amount of all creditors, is not required either by the statute or the rules. Query: Can it not [Form No. 61.] Application for Confirmation of Composition.1 .... In the District Court of the United States for the .... District of ...... In the matter of In Bankruptcy. Bankrupt. To the Honorable ... Judge of the District Court of the United States for the ...... District of ..... At ......, in said district, on the .... day of A. D. 189-, now comes the above-named bankrupt, and respectfully represents to the court that, after he had been examined in open court [or at a meeting of his creditors] and had filed in court a schedule of his property and a list of his creditors, as required by law, he offered terms of composition to his creditors, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims; that the consideration to be paid by the bankrupt to his creditors, the money necessary to pay all debts which have priority, and the costs of the proceedings, amounting in all to the sum of ...... dollars, has been deposited, subject to the order of the judge, in the ...... National Bank, of .., a designated depository of money in bankruptcy cases. Wherefore the said ..... respectfully asks that the said composition may be confirmed by the court. Bankrupt. be obtained, notwithstanding the implied rule in this form, by personal solicitation of individual creditors? Does not the notice thereafter given to creditors, of the application for a confirmation of the composition, fully protect their rights? Compare p. 141 ante. 'B. A. 12 a and b. As to Notice, compare B. A. § 58a (2). As to Opposi tion, compare B. A. § 126, c, d; and B. R. No. XXXII. [Form No. 62.] Order Confirming Composition.1 In the District Court of the United States for the ...... District of ...... In the matter of In Bankruptcy. An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the composition has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims; and the consideration and the money required by law to be deposited, having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it 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 have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it hereby is, confirmed. Witness the Honorable ..... judge of said court, and the seal thereof, this .... day of A. D. 189-. .... Seal of the court. ...... ..... Clerk. Query: Should not this order recite the giving of notice as required by B. A. § 58a (2)? 1 B. A. § 126 and d. [Form No. 63.] Order of Distribution on Composition.1 UNITED STAtes of AmerICA : In the District Court of the United States for the .... of ..... In the matter of In Bankruptcy. ..... District Bankrupt. The composition offered by the above-named bankrupt in this case having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to wit: 1st, to pay the several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general creditors which have been allowed, and appear upon a list of allowed claims, on the files in this case, which list is made a part of this order. trustee's return of no assets, f. 48; Attorney in Fact. of creditor, proof of claim by, f. 35; authority of, to appear for creditor. (See POWER OF ATTORNEY.) Bankrupt. petition of, for discharge, f. 57; examination of, f. 29; order for hearing, on application of, for discharge, f. 57; notice to creditors of application of, for discharge, f. 57; order granting discharge to, f. 57; 601 |