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List of Creditors in Involuntary Bankruptcy.
10. Indemnity for Expenses.
12. Duties of Referee.
13. Appointment and Removal of Trustee. 14. No Official or General Trustee.
15. Trustee Not Appointed in Certain Cases. 16. Notice to Trustee of his Appointment.
28. Redemption of Property and Compounding of Claims.
29. Payment of Moneys Deposited.
30. Imprisoned Debtor.
31. Petition for Discharge.
Opposition to Discharge.
Arbitration and Compromise.
34. Costs in Contested Proceedings.
35. Compensation of Clerks, Referees, Receivers and Trustees. 36. Appeals.
Receivers and Marshals as Custodians.
41. Waiver of Right to Share in Deposits or in Payments Under
an Arrangement or Plan.
42. Compensation of Attorneys.
Fees and Expenses of Attorneys for Petitioning Creditors.
Auctioneers, Accountants and Appraisers.
46. Banking Institution as Custodian, Receiver or Trustee. 47. Reports of Referees and Special Masters.
48. Proceedings Under Chapter XI of the Act.
49. Proceedings Under Section 77 of the Act. Proceedings Under Section 75 of the Act. Ancillary Receiverships Limited.
52. Proceedings Under Chapter X of the Act.
53. Bond of Designated Depository Under Section 61.
Forms in Bankruptcy.
Order 1. Dockets
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, if any reference is made, to the referee; of the transmission by the referee to the clerk of all bonds, orders and reports, and of the referee's certified record of the proceedings; and of all proceedings in the case except those duly entered on the referee's docket. The clerk's docket shall be arranged in a manner convenient for reference, and shall at all times be open to public inspection. If the proceeding is brought under sections 75 or 77, or under Chapters IX, X, XI, XII, or XIII, of the Act, the docket shall so indicate.
The referee, in all cases referred to him shall keep a docket of all proceedings before him substantially in the manner indicated by Form No. 70. Such docket shall at all times be open to public inspection. The original referee's docket or a certified copy thereof shall be transmitted to the clerk for preservation by him when the case is closed. As amended June 23, 1947, eff. July 1, 1947.
Order 2. Filing of Papers
The clerk or the referee shall indorse on each paper filed with him the day, and in the case of the original petition, the day and hour, of filing.
Order 3. Process
All process, summonses, and subpoenas, except such as are issued by the Interstate Commerce Commission in the performance of its duties under section 77 of the Act, 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.
Order 4. Conduct of Proceedings
Proceedings may be conducted by the bankrupt or debtor in person in his own behalf, or by a 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 district court. The name of the attorney or counselor, with his business address, shall be entered upon the docket, with the date of the entry. 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.
Order 5. Form of Petitions and Other Papers
(1) All petitions and schedules shall be printed or written out plainly, without abbreviation or interlineation, except where such abbreviation and interlineation may be for the purpose of ref
(2) Petitioners in involuntary proceedings for adjudication, whose claims rest upon assignment or transfer from other persons, shall annex to one of the triplicate petitions all instruments of assignment or transfer, and an affidavit setting forth the true consideration paid for the assignment or transfer of such claims and stating that the petitioners are the bona fide holders and legal and beneficial owners thereof and whether or not they were purchased for the purpose of instituting bankruptcy proceedings.
(3) Each paper filed shall contain a caption setting forth the name of the court, the title of the proceeding, the docket number, and a brief statement of the character of the paper.
(4) Proceedings shall be entitled "In Bankruptcy," "In Proceedings for a Composition or Extension," "In Proceedings for the Reorganization of a Railroad," "In Proceedings for a Composition by a Public Debtor," "In Proceedings for the Reorganization of a Corporation," "In Proceedings for an Arrangement," "In Proceedings for a Real Property Arrangement," or "In Proceedings for a Wage Earner Plan," as the case may be.
(5) In proceedings under chapters VIII, X, XI, XII, or XIII, of the Act, unless and until the debtor is adjudicated a bankrupt he shall be referred to as a "debtor." In proceedings under chapter IX, the debtor shall be referred to as the "petitioner."
Order 6. Petitions in Different Courts
If two or more petitions are filed by or against the same person or by or against different members of a partnership in different courts of bankruptcy, each of which has jurisdiction, the court first acquiring jurisdiction shall, upon application by any party in interest and after a hearing upon reasonable notice to parties in interest, determine the court in which the cases can proceed with the greatest convenience to parties in interest, and the proceedings upon the other petitions shall be stayed by the courts in which such petitions have been filed until such determination is made. If the court first acquiring jurisdiction determines that it shall hear the cases, it shall make its order to that effect, and other courts in which petitions have been filed, upon exhibition of a certified copy of such order, shall order the cases before them transferred to the court first acquiring jurisdiction. If the court first acquiring jurisdiction determines that the cases shall be heard by another court, it shall make its order to that effect and that the case before it be transferred to such court; and other courts in which petitions have been filed, upon exhibition of a certified copy of such order, shall order the cases before them transferred to the court named in the order of the court first acquiring jurisdiction.
Order 7. Priority of Petitions
If two or more petitions are filed in the same court against the same person, and the debtor appears and shows cause against an
adjudication of bankruptcy on the petitions, the petitions shall be heard and tried in the order of their filing: Provided, That the court, in its discretion, may order the proceedings consolidated.
Order 8. Proceedings in Partnership Cases
Abrogated, May 25, 1925.
Order 9. List of Creditors in Involuntary Bankruptcy
In all cases of involuntary bankruptcy in which the bankrupt is absent or cannot be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a list of the names and places of residence of all the creditors of the bankrupt, according to the best information of the petitioning creditor.
Order 10. Indemnity for Expenses
Before incurring any expenses in procuring the attendance of witnesses or in perpetuating testimony, the clerk, marshal, or referee may require, from the bankrupt, debtor, or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt, debtor, or other person shall be repaid him out of the estate as part of the cost of administering the same. As amended June 23, 1947, eff. July 1, 1947.
Order 11. Amendments
The court may allow amendments to the petition and schedules on application of the petitioner. Amendments shall be printed or written, signed and verified, like original petitions and schedules, and filed in triplicate. If amendments are made to separate schedules, the same must be made separately, with proper references. In the application for leave to amend, the petitioner shall state the cause of the error in the paper originally filed.
Order 12. Duties of Referee
(1) A copy of the order referring a proceeding to a referee shall forthwith be sent by mail to the referee, or be delivered to