Form No. 50 OATH TO FINAL ACOUNT OF TRUSTEE In the District Court of the United States for the District On this Bankrupt. .... day of ...... State of .... ..... .......... In Bankruptcy. A. D. 19..., before me come in the county of .... ... and and makes oath, and says that he was, on the ... day of A. D. 19..., appointed trustee of the estate and effects of the above-named bankrupt, and that as such trustee he has conducted the settlement of the said estate. That the account hereto annexed, containing .... sheets of paper, the first sheet whereof is marked with the letter ... [reference may here also be made to any prior account filed by said trustee] is true, and such account contains entries of every sum of money received by said trustee on account of the estate and effects of the abovenamed bankrupt, and that the payments purporting in such account to have been made by said trustee have been so made by him. And he asks to be allowed for said payments and for commission and expenses as charged in said accounts. Subscribed and sworn to before me, at district of .... this ..... day of ......... Trustee. in said .... A. D. 19... [Official character.] Cross-references.- See § 2(8), 47(7), (8), 48-a-e, 49, 58, 65. General Order XVII. This form seems hardly necessary, save when used as suggested in the footnote to Form No. 49. See the practice outlined in Forms Nos. 194 and 255. Any time subsequent to four months after adjudication. In re Eldred, 19 Am. B. R. 52, 155 Fed. 686. In re Bell Piano Co. (D. C., N. Y.), 18 Am. B. R. 183, 155 Fed. 272. Filing may be compelled. O'Conor v. Sunseri (C. C. A., 3d Cir.), 26 Am. B. R. 1, 184 Fed. 712, 107 C. C. A. 72. When petition to review should be dismissed. In re Scherr, 14 Am. B. R. 794, 138 Fed. 695. Objections to trustee's account.-See § 47, ante. Trustee bound to use due diligence in collecting assets of estate and may be charged with value of assets lost by failure to use such diligence. In re Cadenas and Coe, 24 Am. B. R. 135, 178 Fed. 158. In re Reinboth (C. C. A., 2d Cir.), 19 Am. B. R. 15, 157 Fed. 672, 85 C. C. A. 340. See, In re Bayley, 22 Am. B. R. 249, 177 Fed. 522. In re Olmstead (D. C., Haw.), 32 Am. B. R. 344. In re Carothers & Co., 27 Am. B. R. 921, 193 Fed. 687. In re Eden Musee American Co. (D. C., N. Y.), 36 Am. B R. 111. Not liable as trustee for injuries to property of another, while conducting bankrupt's business without an order authorizing continuance of business. McCauley v. Jackson (N. Y. App. Div.), 34 Am. B. R. 371, 165 App Div. (N. Y.) 846, 151 N. Y. Supp. 120. Surcharged for mismanagement or dishonesty. In re Monsarrat (D. C., Haw.), 25 Am. B. R. 820. Payment of unauthorized allowances by referee to himself. In re Borger (Dist. of Col. Sup. Ct.), 35 Am. B. R. 238. An order sustaining objections to a trustee's account and charging trustee with losses reviewable only upon petition for review under section 24-b. In re Moore & Bridgeman (C. C. A., 5th Cir.), 21 Am. B. R. 651, 166 Fed. 689, 92 C. C. A. 285. Exceptant must move promptly in obtaining a review or he will be deemed to have acquiesced. In re Scherr, 14 Am. B. R. 794, 138 Fed. 695. Accounts of trustee.- See § 47, ante. Examination of by referee. In re Baginsky, Michel & Co., 2 Am. B. R. 243. In re Fullick, 28 Am. B. R. 634, 201 Fed. 463. Deficiency incurred in conducting business of bankrupt allowed as a preferred claim. In re Prince & Walter, 12 Am. B. R. 675, 131 Fed. 546. Form No. 51 ORDER ALLOWING ACCOUNT AND DISCHARGING TRUSTEE In the District Court of the United States for the of .... IN THE MATTER OF Bankrupt. In Bankruptcy. District The foregoing account having been presented for allowance, and having been examined and found correct, it is ordered that the same be allowed, and that the said trustee be discharged of his trust. Referee in Bankruptcy. Cross-references.-When the practice outlined in Forms Nos. 228 and 229 is followed, this form will not be used. It is to the same effect as a clause in Form No. 198. See § 47 and the foot-notes to Forms Nos. 49 and 50. Form No. 52 PETITION FOR REMOVAL OF TRUSTEE In the District Court of the United States for the of ..... IN THE MATTER OF In Bankruptcy. Bankrupt. District To the Honorable ... ..... District of .... one of the creditors of said Judge of the District Court of the The petition of bankrupt, respectfully represents that it is for the interest of the estate of said bankrupt that ........, heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following, to wit: [Here set forth the particular cause or causes for which such removal is requested.] Wherefore upon said ... pray that notice may be served trustee as aforesaid, to show cause, at such time as may be fixed by the court, why an order should not be made removing him from said trust. This form fits into General Orders XIII and XVII. removed it is not important. See §§ 2(17), 44 and 46. Trustees being rarely Form No. 53 NOTICE OF PETITION FOR REMOVAL OF TRUSTEE In the District Court of the United States for the of IN THE MATTER OF In Bankruptcy. Bankrupt. District You are hereby notified to appear before this court, at ......... .... on the ...... day of ...................., A. D. 19..., at ... o'clock ... m., to show cause (if any you have) why you should not be removed from your trust as trustee as aforesaid, according to the prayer of the petition of one of the creditors of said bankrupt, filed in this court on the ..... day of ............. A. D. 19..., in which it is alleged [here insert the allegation of the petition]. ......... Clerk. 44 Cross-references.- See foot-note to Form No. 52, See also section 2(17), and General Orders XIII, XVII. Removal of trustee. See § 44, ante. Trustee removable by the judge only. Application made in the first instance to the court upon notice to trustee. Judge may refer to the referee as such, or as special master. Joining with bankrupt in scheme to defraud by means of a composition, grounds for removal.. In re Wrisley Co. (C. C. A., 7th Cir.), 13 Am. B. R. 193, 133 Fed. 388, 66 C. C. A. 450. Change of residence of trustee not in itself sufficient ground for removal. In re Seider (D. C., N. Y.), 20 Am. B. R. 708, 163 Fed. 139. Trustee, when removed for cause, denied personal expenses and commissions. In re Leverton, 19 Am. B. R. 434, 155 Fed. 931. When proof of claim has not been disallowed, trustee may not collaterally attack status of creditor upon petition for removal. In re Roanoke Furnace Co., 18 Am. B. R. 661, 152 Fed. 846. When trustee removed, appointment of a new trustee. Scofield v. United States ex rel. Bond (C. C. A., 6th Cir.), 23 Am. B. R. 259, 174 Fed. 1, 98 C. C. A. 39. Form No. 54 ORDER FOR REMOVAL OF TRUSTEE In the District Court of the United States for the ....... District of IN THE MATTER OF In Bankruptcy. Bankrupt. Whereas of .... ......... ... of did on the ...... day A. D. 19..., present his petition to this court, praying that for the reasons therein set forth, trustee of the estate of said be removed: the bankrupt, might Now, therefore, upon reading the said petition of the said... and the evidence submitted therewith, and upon hearing counsel on behalf of said petitioner and counsel for the trustee, and upon the evidence submitted on behalf of said trustee, be removed from It is ordered that the said the trust as trustee of the estate of said bankrupt, and that the costs of the said petitioner incidental to said petition be paid by said |