The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898: Official and Supplemental Forms, Volumen3

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M. Bender, 1923 - 4119 páginas

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Contenido

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 17 Bond of referee
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
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
Order of examination of bankrupt 29 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
2081
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
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
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
Petition etc
2196
Order overruling Report of Special Master dismissing 96 Order confirming Report of Special Master dismissing Petition and referring Receivers Appl...
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
ill Petition to transfer Proceedings to another District
2222
Petition for Ancillary Proceedings in Partnership Bank ruptcy
2223
Foru 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
FOBM 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
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
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 Exemptions
2311
Involuntary Petition by one Creditor against a Partner ship 2160
2315
Certificate of Falsity of Pauper Affidavit
2318
Order that Trustee transfer Copyright
2319
Combined Notice to Creditors
2322
Order authorizing Compromise
2323
Petition for Meeting of Creditors to indemnify Trustee
2324
179 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
2348
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
Proof of secured Debt
2367
Proof of Debt by Municipality for Taxes and Notice
2368
Notice of Petition for Reconsideration of Claim
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
2400
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
2409
Trustees first Report
2410
Exceptions to Trustees Report on Exemptions
2411
Order determining Exemptions after Trustees Report
2412
Petition of Trustee to continue Business of Bankrupt
2414
Order authorizing Trustee to continue Business
2415
Petition for instruction as to burdensome property
2416
Trustees Bill of Sale
2417
238 Trustees Deed of Real Property
2418
239 Trustees Affidavit to corrrect Assessment for personal taxes
2420
Order requiring Trustee to adopt or reject Lease
2421
Petition by Trustee for Leave to gue
2423
Order authorizing Trustee to sue
2424
Order of Federal Court permitting Trustee to intervene
2425
State Court Action
2426
Order in State Court allowing Trustee to intervene
2428
Order ratifying Acts of Trustee
2429
Petition for Removal of Trustee and Order to show Cause
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
2435
Order directing Trustee to file final Account
2436
Trustees final Report and Account
2438
Exceptions to Trustees Account
2439
Petition of Attorney for Trustee for an Allowance for Services and for a Certificate for additional Compensa tion Local Rule
2441
Order allowing additional Compensation to Attorney
2445
Trustee
2446
Order discharging Trustee
2447
Special Commissioner
2449
Order for Examination thereon
2451
and for Subpoena
2454
Order for such Examination and that Subpoena issue
2456
tion
2457
Order that Marshal produce Prisoner for Examination
2458
Subpoena to appear before Special Commissioner
2459
Subpoena Duces Tecum
2461
Petition that Witness sign Testimony before Referee
2462
Order that Witness sign Testimony
2464
ination
2465
Examination
2466
Examination
2467
Order of Examination in Court of Ancillary Jurisdiction
2468
Notice of taking Deposition De Bene Esse
2469
Deposition De Bene Esse
2470
Certificate of Commissioner or Notary Public thereon
2472
before Adjudication
2474
cation upon sealed bids
2477
Order for Appraisal and Sale after Adjudication upon sealed bids
2479
Notice of Auction Sale by Receiver
2480
Notice of Sale by Receiver on Sealed Bids
2481
Petition by Receiver for Sale of perishable Property
2483
Notice of Sale by Trustee
2485
Petition for private Sale by Trustee
2486
288a Petition for Sale under General Order XVIII 2
2487
289a Order for Sale under General Order XVIII 2
2489
Notice of Sale New Jersey Practice
2491
Petition for Sale free and clear of Liens
2493
Notice of Motion for Sale free and clear of Liens
2497
Order directing Sale free and clear of Liens
2498
Petition to confirm Sale
2504
Notice of Taxation of Auctioneers Charges
2507
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
show cause
2519
Order that writ of injunction issue after referees stay and 308 Injunction Order
2520
Petition for stay of pending suits
2526
Referees stay and show cause on pending suits
2527
Stipulation that show cause be heard by referee
2528
Decision and report of referee on application for stay
2529
stipulated before him
2530
Order that writ of injunction issue
2531
Order staying Suit
2532
Affidavit to stay Sale by Trustee of mortgaged Property and to modify Injunction
2533
Petition to modify Injunction
2535
Order vacating Stay and permitting judgment against
2538
Bankrupt
2539
Referees Certificate on Discharge
2544
Form
2545
Affidavit that no Specifications have been filed
2547
Specifications of Objection to Discharge
2549
Exceptions to Specifications
2561
Petition to amend Specifications
2564
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
Order denying Discharge after Reference to Special Master
2573
Petition for Extension of Time to apply for Discharge
2574
Referees Certificate on Application for extension of time
2576
FORM No 337 Qrder extending Time to apply for a Discharge
2577
Order revoking Discharge
2578
Order to show cause in State Court why judgment should not be stayed because of discharge
2580
Affidavit for Cancellation of a Judgment against Bankrupt New York Practice
2582
Order canceling Judgment New York Practice
2584
Replication of Fraud to Plea of Discharge
2586
SUBDIVISION X
2587
Petition for Appointment of Referee and staying Adjudi
2589
cation
2590
Ortler appointing Referee and staying Adjudication
2591
Notice to Creditors
2592
Acceptance of Offer
2593
Order to deposit thereon
2594
Certificate of Deposit
2595
Offer to accept note in lieu of cash payment
2597
Order to show Cause on Petition for Confirmation
2599
Referees Certificate in Composition
2600
Order confirming Composition and making Distribution
2603
Appearance of objecting Creditor in Composition
2607
Specifications of Objection to Confirmation of Composition
2608
Exceptions to Specifications
2611
Order of reference to Special Master in Composition
2612
Report of Special Master on Specifications
2613
Order Confirming or refusing Confirmation of Composition
2615
Order setting aside a Composition
2619
FORM No 365 Demand in Reclamation
2620
Petition to reclaim Property
2621
Notice of Motion to reclaim
2626
Petition to reclaim consigned Goods
2627
Answer in Reclamation
2632
Order dismissing Reclamation ni
2635
Report of Special Master in Reclamation
2636
Judgment in Reclamation for Delivery etc upon Report of Master
2638
Bill of Costs in Reclamation and Notice of Taxation
2641
Order for payment of Sheriffs Fees from Proceeds of Prop
2655
Order reopening Estate
2665
SUBDIVISION XIII
2675
Bill in Equity to recover fraudulent Transfer and alleging
2708
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
2743
SUBDIVISION XV
2746
Denying a Discharge and Order allowing Same
2749
Citation on Appeal
2756
Assignment of Errors
2759
Bond on Appeal
2760
Notice of Filing of Bond on Appeal
2761
Stipulation as to Record on Appeal
2762
Stipulation as to Praecipe
2764
Stipulation as to the Record
2766
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
2771
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
2777
Order of District Court allowing petition for revision
2783
Matter of Law
2784
Form No 438 Order Staying Proceedings Pending Petition for Review
2786
Notice of Application to the Supreme Court for Writ
2794
SUBDIVISION XVI
2800
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
2083
2863
2090
2866
2093
2873
2108
2888
Order for Resale on Default of Purchaser 2508
2895
Notice of Motion for Stay Pending Review 2786
2896
Marshals Return thereon 2168
2897
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Página 2821 - ... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.
Página 2421 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Página 2420 - America to them in hand paid by the said party of the second part...
Página 2421 - IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written.
Página 2247 - 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 be paid to the said...
Página 2774 - You, therefore, are hereby commanded that such proceedings be had in said cause as, according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding.
Página 2107 - State of , and that he is duly authorized to make this proof, and says that the said , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of the said petition, and still is justly and truly indebted to...
Página 2079 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Página 2139 - ... the consideration to be paid by the bankrupt to his creditors, and the money necessary 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.
Página 2674 - Know all men by these presents, that we * _____________________________ as principals, and of and — of as sureties, are held and firmly bound unto the United States of America in the sum of dollars, lawful money of the United States, for the payment of which...

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