... respectfully represents: have been partners having their principal and place of business at in the county of ... district and State of for the greater portion of the six months next immediately preceding the filing of this petition; that the said partners owe debts which they are unable to pay in full; that your petitioners are willing to surrender all their property for the benefit of their creditors, except such as is exempt by law, and desire to obtain the benefit of the acts of Congress relating to bankruptcy. ...... That the schedule hereto annexed, marked A, and verified by oath, contains a full and true statement of all the debts of said partners, and, as far as possible, the names and places of residence of their creditors, and such further statements concerning said debts as are required by the provisions of said acts. .... That the schedule hereto annexed, marked B, verified by oath, contains an accurate inventory of all the property, real and personal, of said partners, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marked C, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked D, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. And said further states that the schedule hereto annexed, marked E, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the 17. In the "Supplementary Forms," post, Form No. 66 will be found useful when all the partners do not join in a voluntary petition; also, by way of suggestion, when they do. names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked F, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. And said .... .. further states that the schedule hereto annexed, marked G, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked H, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. And said ... further states that the schedule hereto annexed, marked J, verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of residence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts, and that the schedule hereto annexed, marked K, verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the provisions of said acts. may be Wherefore your petitioners pray that the said firm 18 adjudged by a decree of the court to be bankrupts within the purview of said acts. described in the foregoing petition, do hereby make solemn oath that 18. Form for adjudication of firm and petitioning partners.— Where an adjudication is desired of petitioning partners as individuals as well as the firm, official form No. 2 should not be literally followed, but there should be inserted in the prayer of the petition a request for the adjudication of the petitioning partners as well as the firm. See Vol. I, § 5, ante. In re Wing Yick Co., 13 Am. B. R. 757; In re Stokes, 6 Am. B. R. 262, 106 Fed. 312; In re Sanderlin, 6 Am. B. R. 384, 109 Fed. 857. the statements contained therein are true according to the best of their knowledge, information, and belief. Petitioners. Subscribed and sworn to before me, this .... day of A. D. 19... [Official character.] [Schedules to be annexed corresponding with schedules under Form No. 1.] Cross-references.- Consult §§ 1(19), 4, 5, and 59, if all partners join. If one or more do not, consult §§ 5 and 18. See, generally, § 2 for the place to file and §§ 7 and 17 for the schedules. Read also General Orders, V-VII, Vol. II, ante. Schedules should be complete both for the firm and for each partner. In re Gay, 3 Am. B. R. 529, 98 Fed. 870. In re Langslow, 1 Am. B. R. 258, 98 Fed. 869, 1 N. B. N. 232. If a partner is without the jurisdiction or refuses to join, the fact should be stated. If the former, he should be brought in by publication, as if the petition was against him. of six months next preceding the date of filing this petition, had his principal place of business, [or resided, or had his domicile] at in the county of ... .... and State and district aforesaid, and owes debts to the amount of $1,000. That your petitioners are creditors of said ..., having provable claims amounting in the aggregate, in excess of securities held by them, to the sum of $500. That the nature and amount of your petitioners' claims are as follows: And your petitioners further represent that said is insolvent, and that within four months next preceding the date of this petition the said .... committed an act of bank ruptcy, in that he did heretofore, to wit, on the day of.... Wherefore your petitioners, pray that service of this petition, with a subpoena, may be made upon as provided in the acts of Congress relating to bankruptcy, and that he may be adjudged by the court to be a bankrupt within the purview of said acts. three of the petitioners above named, do hereby make solemn oath that the statements contained in the foregoing petition, subscribed by them, are true. Before me, this..... day of 19... [Official character.] [Schedules to be annexed corresponding with schedules under Form No. 1.] This form is demurrable.— The use of Form No. 69, post, is suggested. For the necessary allegations in a creditors' petition consult §§ 2, 3, 4, 5 (if against a partnership), 18, and 59. See also General Orders V, VI, VII, IX, XI, and XXX in Vol. II, ante. Also Equity Rules in XX to XXV, XXVIII to XXX, Vol. IV, post. Form No. 4 ORDER TO SHOW CAUSE UPON CREDITORS' PETITION In the District Court of the United States for the of .... IN THE MATTER OF In Bankruptcy. District .... .... Upon consideration of the petition of ........ that be declared a bankrupt, it is ordered, that the said do appear at this court, as a court of bankruptcy, to be holden at in the district aforesaid, on the ....... day of at .... o'clock in the .... noon, and show cause, if any there be, why the prayer of said petition should not be granted; and It is further ordered that a copy of said petition, together with a writ of subpoena, be served on said .... by delivering the same to him personally or by leaving the same at his last usual place of abode in said district, at least five days before the day aforesaid. This form is archaic.— It is an adaptation from Form No. 57, under the law of 1867, and does not fit either the present law or the general orders. It is now rarely used. Form No. 5 is enough. Consult § 18, Vol. I, ante. For certain causes offered before the district court of the United States of America within and for the .... district of ..... |