Слике страница
PDF
ePub
[blocks in formation]

FORM NO. 44.-PETITION ANd Order for SALE SUBJECT TO LIEN.

[blocks in formation]

Respectfully represents

[merged small][ocr errors]

trustee of the estate of said bankrupt,

that a certain portion of said bankrupt's estate, to wit: [here describe the estate or property and its estimated value] is subject to a mortgage [describe mortgage], or to a conditional contract [describe 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 said estate that said property should be sold, subject to said mortgage, lien, or other incumbrance. Wherefore he prays that he may be authorized to make sale of said property, subject to the incumbrance thereon.

Dated this

day of, A. D. 189—.

Trustee.

The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse interest being represented thereat, [or after hearing in 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. 189-.

Referee in Bankruptcy.

FORM No. 45.- PETITION AND ORDER FOR PRIVATE SALE.

In the District Court of the United States for the

[blocks in formation]
[blocks in formation]

duly appointed trustee of the estate of

That for the following reasons, to wit,

it is desirable and for the

best interest of the estate to sell at private sale a certain portion of the said estate, to wit:

Wherefore he prays that he may be authorized to sell the said property at private sale.

day of

A. D. 189-.

[ocr errors]

Trustee.

Dated this 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 pe

tition 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, at private sale, keeping an accurate account of each article 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. 189

Referee in Bankruptcy.

FORM No. 46.- PETITION AND ORDER FOR SALE OF PERISHABLE

PROPERTY.

In the District Court of the United States for the
In the Matter of

[blocks in formation]

In Bankruptcy.

-, Bankrupt.

Respectfully represents

the said bankrupt, [or, a creditor, or

the receiver, or the trustee of the said bankrupt's estate]:

That a part of the said estate, to wit,, now in, is perishable, and that there will be loss if the same is not sold immediately.

Wherefore, he prays the court to order that the same be sold immediately as aforesaid.

[blocks in formation]

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 the creditors of said bankrupt, [or without notice to the creditors], now, after due hearing, no adverse interest being represented thereat, [or after hearing in favor of said petition and --in opposition thereto] I find that the facts are as above stated, and that the same is required in the interest of the estate, and it is therefore ordered that the same be sold forthwith and the proceeds thereof deposited in court.

1

Witness my hand this

day of —, A. D. 189-.

Referee in Bankruptcy.

FORM No. 47.-TRUSTEE'S REPORT OF EXEMPTED PROPERTY.

In the District Court of the United States for the

[blocks in formation]

District of

The following is a schedule of property designated and set apart to be retained by the bankrupt aforesaid, as his own property, under the provis ions of the acts of Congress relating to bankruptcy.

[blocks in formation]

FORM No. 48.- TRUSTEE'S RETURN OF NO ASSETS.

In the District Court of the United States for the

In the Matter of

Bankrupt. In Bankruptcy.

[merged small][ocr errors]
[merged small][ocr errors]

—, in said district, on the

[blocks in formation]

On the day aforesaid, before me comes

of - and State of

and makes oath, and says that he, as trustee of

the estate and effects of the above-named bankrupt, neither received nor

paid any moneys on account of the estate.

Subscribed and sworn to before me at

this day of A. D. 18-. Referee in Bankruptcy.

FORM No. 49.- ACCOUNT OF TRUSTEE.

[blocks in formation]

FORM No. 50.- OATH TO FINAL ACCOUNT OF TRUSTEE.

In the District Court of the United States for the

[blocks in formation]

A. D. 18-, before me comes

District of

of

in the county of and State of —, and makes oath, and says that he was, on the day of ——————, A. D. 18—, 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 [reference may here also be made to any prior account filed by said trustee], 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 commissions and expenses as charged in said accounts.

Subscribed and sworn to before me at

[blocks in formation]

in said

Trustee. district of

[Official character.]

[blocks in formation]

The foregoing account having been presented for allowance, and having

been examined and found correct, it is ordered that the same be allowed, and that the said trustee be discharged of his trust.

Referee in Bankruptcy.

FORM No. 52.— PETITION FOR REMOVAL OF TRUSTEE.

In the District Court of the United States for the

In the Matter of

[merged small][ocr errors]

Bankrupt. In Bankruptcy.

[blocks in formation]

The petition of

[blocks in formation]

one of the creditors of said bankrupt, respect

fully represents that it is for the interest of the estate of said bankrupt that heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following, to wit: [Here set forth the particular cause or causes for which such removal is requested.] Wherefore pray that notice may 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.

FORM No. 53.— NOTICE OF PETITION FOR REMOVAL OF TRUSTEE.

In the District Court of the United States for the

In the Matter of

At

To

Bankrupt. In Bankruptcy.

on the day of

[blocks in formation]

A. D. 18-,

Bankrupt:

——, Trustee of the Estate of

You are hereby notified to appear before this court, at

on the day of—, A. D. 18-, at o'clock. m., to show cause (if any you have) why you should not be removed from your trust as trustee as aforesaid, according to the prayer of the petition of —, one of the creditors of said bankrupt, filed in this court on the day of, A. D. 18—, in which it is alleged [here insert the allegation of the petition].

[ocr errors]

FORM No. 54.-ORDER FOR REMOVAL OF TRUSTEE.

In the District Court of the United States for the
In the Matter of

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

bankrupt, might be re

sent his petition to this court, praying that for the reasons therein set forth, the trustee of the estate of said

moved:

and

Now, therefore, upon reading the said petition of the said the evidence submitted therewith, and upon hearing counsel on behalf of said petitioner and counsel for the trustee, and upon the evidence submitted on behalf of said trustee,

It is ordered that the said

be removed from the 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 -, subject to prior charges].

estate of the said

-, trustee [or, out of the

-, judge of the said court, and the seal
day of
A. D. 18-.

Witness the Honorable thereof, at - in said district, on the [SEAL OF THE COURT.]

Clerk.

FORM No. 55.-ORDER FOR CHOICE OF NEW TRUSTEE.

In the District Court of the United States for the

[blocks in formation]
[blocks in formation]

Whereas by reason of the removal [or the death or resignation] of heretofore appointed trustee of the estate of said bankrupt, 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

choice of a new trustee of said estate.

[ocr errors]

day of

A. D. 18-, for the

And it is further ordered that notice be given to said creditors of the time, place, and purpose of said meeting, by letter to each, to be deposited in the mail at least ten days before that day.

Referee in Bankruptcy.

FORM No. 56.- CERTIFICATE BY REFEREE TO JUDGE.

In the District Court of the United States for the
In the Matter of

Bankrupt. In Bankruptcy.

District of

I, — one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings: [Here state the question, a summary of the evidence relating thereto, and the finding and order of the referee thereon.]

And the said question is certified to the judge for his opinion thereon.
Dated at the day of
A. D. 18-.

Referee in Bankruptcy.

FORM No. 57.- BANKRUPT'S PETITION FOR DISCHARGE.

In the Matter of

Bankrupt. In Bankruptcy.

To the Honorable — Judge of the District Court of the United States for the District of· -:

[ocr errors][merged small]

and State of, in said district, respectfully represents that on the day of last past, he was duly adjudged bankrupt under the acts of Congress relating to bankruptcy; that he has duly surrendered all his property and rights of property, and

« ПретходнаНастави »