Referee has power to determine validity of secured claim before sale of encumbered property.

In re Quinn (C. C. A., 8th Cir.), 21 Am. B. R. 264, 165 Fed. 144, 91 C. C. A. 178.

Application of security.

Hiscock v. Varick Bank, 18 Am. B. R. 1, 206 U. S. 28, 51 L. Ed. 945, aff'g In re Mertens, 15 Am. B. R. 362, 144 Fed. 818, 75 C. C. A. 548.

Creditor has a right in absence of instructions to the contrary to credit payments on an unsecured rather than on a secured debt.

In re Johnson, 11 Am. B. R. 138, 125 Fed. 838.

Secured by accommodation indorser.

In re Noyes Bros. (C. C. A., 1st Cir.), 11 Am. B. R. 506, 127 Fed. 286, 62 C. C. A. 218.

Priority over wage earner.

In re Proudfoot, 23 Am. B. R. 106, 173 Fed. 732.

Allowance of claim over $500 as secured cannot be reviewed by Circuit Court of Appeals by petition to review, but only by appeal from the order.

Grainger and Co. v. Riley (C. C. A., 6th Cir.), 29 Am. B. R. 114, 201 Fed. 901, 120 C. C. A. 415.

Waiver of lien.-See § 57, ante.

Dunn Salmon Co. v. Pillmore, 19 Am. B. R. 172, 56 Misc. (N. Y.) 546.

In re Fisk and Robinson (D. C., N. Y.), 34 Am. B. R. 194.

Vote of secured creditor.

In re Columbia Iron Works, 14 Am. B. R. 526, 142 Fed. 234.

Brown v. City National Bank (N. Y., Sup. Ct.), 26 Am. B. R. 638, 72 Misc. (N. Y.) 201, 131 N. Y. Supp. 92.

When mortgage creditor has proved his claim solely for the purpose of enforcing his lien against the proceeds of sale of the mortgaged property sold by the trustee, he does not become liable for proportionate share of the costs of the general administration of the estate.

Mills v. Virginia-Carolina Lumber Co. (C. C. A., 4th Cir.), 20 Am. B. R. 750, 164 Fed. 168, 90 C. C. A. 154.

Right of trustee to set aside transfer made as security.

In re Sam Z. Lorch and Co., 28 Am. B. R. 784, 199 Fed. 944.

Allowance as secured claim under Minnesota statute for supplies furnished motor vehicle.

In re McAllister-Newgord Co. (D. C., Minn.), 27 Am. B. R. 459, 193 Fed. 265. Mortgage withheld from the record.

Fourth National Bank of Macon v. Willingham, 32 Am. B. R. 159, 213 Fed. 219, 129 C. C. A. 563.

Form No. 33

PROOF OF DEBT DUE CORPORATION

In the District Court of the United States for the

of

IN THE MATTER OF

Bankrupt.

In Bankruptcy.

porated by and under the laws of the State of ing on business at

of

.....

in the county of

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 said corporation in the sum of ...... dollars; that the consideration of said debt is as follows:

that no part of said debt has been paid [except

;

];

that there are no set-offs or counterclaims to the same [except.... ..]; and that said corporation has not, nor has any person by its order, or to the knowledge or belief of said deponent, for its use, had or received any manner of security for said debt whatever.

Proof by corporation should be made by treasurer. May be made through its agent or attorney when sufficient reason is shown why it is not made by treasurer, or if it has none, by the officer whose duties most nearly correspond to those of treasurer as provided by General Order No. XXI. Matter of Reboulin

Fils Co. (D. C., N. J.), 19 Am. B. R. 215, 165 Fed. 245. When proof is not made by the treasurer insert the following clause: "That the reason this proof is not made by the treasurer is that etc. [stating reason], and that deponent is an officer of such corporation whose duties most nearly correspond to those of treasurer."

Power of attorney.- See notes to Forms Nos. 21 and 31, ante.

President of corporation who performs duties of treasurer may sign claim. Matter of Eisenberg (D. C., N. Y.), 40 Am. B. R. 864, 251 Fed. 427.

Form No. 34

PROOF OF DEBT BY PARTNERSHIP

In the District Court of the United States for the

of .

IN THE MATTER OF

Bankrupt.

In Bankruptcy.

son by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to this deponent's said firm in the sum of dollars; that the consideration of said debt is as follows:

....

;

1;

that no part of said debt has been paid [except that there are no set-offs or counterclaims to the same [except... .]; and this deponent has not, nor has his said firm, nor has any person by their order, or to this deponent's knowledge or belief, for their use, had or received any manner of security for said debt whatever.

Creditor.

Subscribed and sworn to before me, this ...... day of

A. D. 19...

[Official character.]

Cross-references.- See notes to Forms Nos. 21 and 31, ante.

Form No. 35

PROOF OF DEBT BY AGENT OR ATTORNEY

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

the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to the said ...

in the sum of ..... as follows:

... dollars; that the consideration of said debt is

that no part of said debt has been paid [except

and that this deponent has not, nor has any person by his order, or to this deponent's knowledge or belief, for his use had or received any manner of security for said debt whatever. And this deponent further says, that this deposition cannot be made by the claimant in person because

and that he is duly authorized by his principal to make this affidavit,

and that it is within his knowledge that the aforesaid debt was incurred as and for the consideration above stated, and that such debt, to the best of his knowledge and belief, still remains unpaid and unsatisfied.

Subscribed and sworn to before me, this A. D. 19...

..... day of

[Official character.]

Form No. 36

PROOF OF SECURED DEBT BY AGENT

In the District Court of the United States for the

.... District

the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was, at and before the filing of said petition,

and still is, justly and truly indebted to the said...

in the sum of

...... dollars; that the consideration of said debt is

as follows:

;

that no part of said debt has been paid [except

1;

that there are no set-offs or counterclaims to the same [except......

1;

and that the only securities held by said

for said debt