.... between the hours of receive a warrant for the ........ dividend due to you out of the above estate. If you cannot personally attend, the warrant will be delivered to your order on your filling up and signing the subjoined letter. Cross-references.— Consult, generally, §§ 39 and 57, and for the notice now required, § 58. See also § 65 and General Order XXIX. For notice of final meeting, see Form No. 157, which, by the substitution of the dividend clause in Form No. 161, can be adapted to a notice for the declaration any payment of a dividend. Compare also Forms Nos. 194, 198, 199. This form is an inheritance from the law of 1867. It is rarely used. Form No. 42 PETITION AND ORDER FOR SALE BY AUCTION OF REAL ESTATE In the District Court of the United States for the District of ... IN THE MATTER OF In Bankruptcy. Bankrupt. Respectfully represents trustee of the estate of said bankrupt, that it would be for the benefit of said estate that a certain portion of the real estate of said bankrupt, to wit: [Here describe it and its estimated value] should be sold by auction, in lots or parcels, and upon terms and conditions, as follows: Wherefore he prays that he may be authorized to make sale by auction of said real estate as aforesaid. Dated this .... day of ...... A. D. 19... ', 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 real estate specified in the foregoing petition, by auction, keeping an accurate account of each lot or parcel 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. 19... Referee in Bankruptcy. See Cross-references.-Read § 70, ante, and Consult Order XVIII on sales. also for notice § 58-a (4) and the sale clause in Form No. 161, when inserted, as there explained, in Form No. 157. It is also suggested that an adaptation of this form to the framework of Forms Nos. 288 and 289, or if after notice, to Forms Nos. 288 and 297, will be more in accord with modern methods and the practice outlined in the law and the general orders. Use of form. In order to bring about a public sale of bankrupt's assets, Official Form No. 42 should be followed, which prescribes a petition by the trustee to the referee asking leave to sell the property at public sale. Notice of such petition is given to creditors and on the return thereof the referee if he sees fit, directs a sale which is then carried on by the trustee without further notice. In re Nevada-Utah Mines & Smelters Corporation (D. C., N. Y., 28 Am. B. R. 409, affd. (C. C. A., 2d Cir.), 29 Am. B. R. 754. Form No. 43 PETITION AND ORDER FOR REDEMPTION OF PROPERTY FROM LIEN In the District Court of the United States for the ... District of IN THE MATTER OF In Bankruptcy. Bankrupt. Respectfully represents 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 the mortgage], or to a conditional contract [describing 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 estate that said property should be redeemed and discharged from the lien thereon. Wherefore he prays that he may be empowered to pay out of the assets of said estate in his hands the sum of being the amount of said lien, in order to redeem said property therefrom. Dated this ..... day of ..... A. D. 19... ......... 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 opposition thereto], it is ordered that the said trustee be authorized to pay out of the assets of the bankrupt's estate specified in the foregoing petition the sum of being the amount of the lien, in order to redeem the property therefrom. Witness my hand this ...... day of A. D. 19... Referee in Bankruptcy. Cross-references. The redemption of property from liens is not common under the present law. This form, however, fits into General Order XXVIII, which is an inheritance from the law of 1867. See, generally, §§ 27 and 67. As to notice, see § 58-a (7). See also foot-note to Form No. 42. Form No. 44 PETITION AND ORDER FOR SALE SUBJECT TO LIEN In the District Court of the United States for the of IN THE MATTER OF In Bankruptcy. Bankrupt. District Respectfully represents 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. 19... 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. 19... ..... Referee in Bankruptcy. Cross-references. See foot-notes to Forms Nos. 42 and 43. See also 70, Vol. II, ante. As to effect of failure to follow this form, see In re Thockmorton (C. C. A., 6th Cir.), 28 Am. B. R. 487. It is suggested that the petition herein should be addressed to the referee. Sale subject to incumbrances. See § 70, ante. Purchaser takes property charged therewith. In re Gerry, 7 Am. B. R. 459, 112 Fed. 957, 959. When Bankruptcy Court has custody of the res its jurisdiction is exclusive. In re Zehner (D. C., La.), 27 Am. B. R. 536, 193 Fed. 787. Rights of lienors not affected. In re Muhlhauser Co. (C. C. A., 6th Cir.), 10 Am. B. R. 236, 121 Fed. 669, 57 C. C. A. 423. In re Platteville, etc., Co., 17 Am. B. R. 291, 147 Fed. 828. Where there is no surplus for bankrupt estate, trustee not entitled to compensation from lienors. Smith v. Township of Au Gres (C. C. A., 6th Cir.), 17 Am. B. R. 745, 150 Fed. 257, 80 C. C. A. 145. Not chargeable with general expenses of estate nor of receivership. In re Clark Coal and Coke Co., 23 Am. B. R. 273, 173 Fed. 658. In a sale of a stock exchange seat the proceeds pass to trustee for distribution according to the rules of the exchange as against general creditors. In re Gregory (C. C. A., 2d Cir.), 23 Am. B. R. 270, 174 Fed. 629, 98 C. C. A. 383. Compare Hyde v. Woods, 94 U. S. 523, 24 L. Ed. 318. Page v. Edmunds, 187 U. S. 596, 47 L. Ed. 318, 9 Am. B. R. 277. Contra. Cohen v. Budd, 17 Am. B. R. 329, 117 App. Div. (N. Y.) 922, 102 N. Y. Supp. 1133. As to effect of failure to follow this form, see In re Throckmorton (C. C. A., 6th Cir.), 28 Am. B. R. 487, Fed. --. It is suggested that the petition herein should be addressed to the referee. Form No. 45 PETITION AND ORDER FOR PRIVATE SALE In the District Court of the United States for the of IN THE MATTER OF In Bankruptcy. Bankrupt. District Respectfully represents of the estate of the aforesaid bankrupt. That for the following reasons, to wit, duly appointed trustee |