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it is desirable and for the best interest of the estate to sell at private sale a certain portion of the said estate, to wit:

Wherefore he prays that he may be authorized to sell the said property at private sale.

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, at private sale, keeping an accurate account of each article. 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 sections of the statute and sections of this work, referred to in the foot-notes to Forms Nos. 42, 43 and 44. See also General Order XVIII (2).

Form No. 46

PETITION AND ORDER FOR SALE OF PERISHABLE PROPERTY

In the District Court of the United States for the

District

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a creditor, or the receiver, or the trustee of the said bankrupt's estate].

That a part of the said estate, to wit,

now in

is perishable, and that there will be loss if the same

is not sold immediately.

Wherefore he prays the court to order that the same be sold immediately as aforesaid.

Dated this ...... day of

A. D. 19...

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 the creditors of the said bankrupt, [or without notice to the creditors], now, after due hearing, no adverse interest being represented thereat, [or after hearing in favor in opposition thereto] I find that the facts are as above stated, and that the same is required in the interest of the estate, and it is therefore ordered that the same be sold forthwith and the proceeds thereof deposited in court. Witness my hand this .... day of

of said petition and ....

......

.........

A. D. 19...

Referee in Bankruptcy.

Cross-references.- See foot-notes to Forms Nos. 42, 43, 44, and 45, and, as to sales of perishable property generally, §§ 2, 258, and 70, ante, Vols. I and II, and General Order XVIII(3), Vol. II.

What is, "perishable property.”

In re Smith,, 1 N. B. N. 180, 204.

In re Pedlow (C. C. A., 2d Cir.), 31 Am. B. R. 761, 209 Fed. 841, 126 C. C. A. 565.

Stock of hardware not so regarded. In re Beutel's Sons Co., 7 Am. B. R. 768. In re Roberts (Smithson v. Emmerson) (C. C. A., 7th Cir), 21 Am. B. R. 573, 166 Fed. 96, 92 C. C. A. 80.

When real estate may be so considered.

In re Milne Mfg. Co. (D. C., N. Y.), 21 Am. B. R. 468.

Discretionary power of referee not disturbed unless it clearly appears that discretion was improvidently exercised..

In re Hawkins (D. C., N. Y.), 11 Am. B. R. 49, 125 Fed. 633.

Notice to creditors:

In re Milne Mfg. (D. C., N. Y.), 21 Am. B. R. 468.

Form No. 47

TRUSTEE'S REPORT OF EXEMPTED PROPERTY

In the District Court of the United States for the

of

IN THE MATTER OF

In Bankruptcy.

Bankrupt.

District

At ...

on the ...... day of .....

19...

The following is a schedule of property designated and set apart to be retained by the bankrupt aforesaid, as his own property, under the provisions of the acts of Congress relating to bankruptcy.

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Cross-references.- See generally, §§ 2, 6, 7, and 47, ante. Consult also §§ 2(11) and 70-b.

This form fits into General Order XVII, but should be verified and specify the State statute under which the exemptions are set apart. For other useful forms on exemptions, see Nos. 170, 171, 231, 232.

Trustee's report.

In re McClintock, 13 Am. B. R. 606.

In re Camp, 1 Am. B. R. 165, 91 Fed. 745.

In re Grimes, 2 Am. B. B. 730, 96 Fed. 529.

In re Friedrich (C. C. A., 7th Cir.), 3 Am. B. R. 801, 100 Fed. 284, 40 C. C. A. 378.

Burke v. Guarantee Title & Trust Co. (C. C. A., 3d Cir.), 14 Am. B. R. 31, 134 Fed. 562, 67 C. C. A. 486.

In re Manning (D. C., Pa.), 7 Am. B. R. 571, 112 Fed. 948.

In re Finklestein (D. C., Pa.), 27 Am. B. R. 229.

Trustee may refuse to set apart.

In re Ellis, 10 Am. B. R. 754.

Duty of trustee upon setting apart property as exempt to surrender possession

of same to bankrupt.

In re Soper, 22 Am. B. R. 868.

Trustee's action thereon not final.

In re White, 4 Am. B. R. 613, 103 Fed. 774.

Form No. 48

TRUSTEE'S RETURN OF NO ASSETS

In the District Court of the United States for the

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District

in said district, on the ...... day of

A. D.

of

On the day aforesaid, before me comes

......

in the county of

and State of

and makes oath and says that he, as trustee of the estate and effects of the above-named bankrupt, neither received nor paid any moneys on account of the estate.

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Cross-references.- Consult, generally, § 47; also General Order XVII. See also, for the other forms for trustees' reports, Forms Nos. 47, 199 and 228, 230, 255, 260.

This return should be signed by the trustee and verified, but not necessarily before the referee; see § 20.

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This is archaic. The trustee is required to make a final report and file a final account (§ 47-a (8) ). It is suggested that this account be made a schedule to the final report, as in Form 228, with perhaps Form No. 50, with the elimination of some allegations found in the report proper, added at the end as an affidavit as to the truth of the account. Consult, generally, § 47. See also §§ 29-c and 49.

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