List under oath should be filed with answer. In re Haff (supra). What statement should be included in "list of creditors." W. A. Gage and Co. v. Bell, 10 Am. B. R. 696, 124 Fed. 371. An intervening creditor who became such by assignment after petition filed not to be counted in computing requisite number. Stroheim v. Perry and Whitney Co. (C. C. A., 1st Cir.), 23 Am. B. R. 695, 175 Fed. 52, 99 C. C. A. 68, affg. 22 Am. B. R. 772, 172 Fed. 745. When not res adjudicata. In re Letson (C. C. A., 8th Cir.), 19 Am. B. R. 506, 157 Fed. 78, 84 C. C. A. 582. Hussey v. Richardson-Roberts Dry Goods Co. (C. C. A., 8th Cir.), 17 Am. B. R. 511, 148 Fed. 598, 78 C. C. A. 370. Form No. 82 ANSWER OF CREDITOR (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 21.) of the above named alleged bankrupt, for answer to the petition of bankrupt, respectfully shows: 1. That said creditor, praying that .. be adjudicated a .. Company, is a corpora tion duly organized under and by virtue of the laws of the State of and is a creditor of said.... a provable claim in the sum of $ having all of which is unsecured. 2. Upon information and belief, said creditor denies the allegation of the petition that said alleged bankrupt is insolvent, but alleges that said alleged bankrupt is solvent and has assets in excess of liabilities, enabling him to pay all his debts in full. 3. Upon information and belief, denies the allegation that the petitioner, is a creditor of said alleged bankrupt or that he has a provable claim against said alleged bankrupt, which ... alleged bankrupt in the sum of and above all counter claims. 4. Denies any knowledge or information sufficient to form a belief as to the allegations of the petition that said alleged bankrupt has less than twelve creditors. 5. Denies that said bankrupt has committed an act of bankruptcy as alleged in the petition, or that said ... should be declared bankrupt for any cause. Wherefore, he prays a hearing thereon, and that the petition be dismissed with costs. (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 22.) the alleged bankrupt, who has this day filed an answer to the petition and ..., praying for an adjudication in involuntary bankruptcy, do hereby apply for and demand a trial by jury in respect to those matters concerning which I am entitled thereto by the provisions of section 19-a of the Bankruptcy Act. Dated.. 19... Cross-references.- Consult, generally, §§ 18 and 19. See also Form No. 6. This application can be made only by the alleged bankrupt, and not by his attorney. For the time within which it must be filed, see § 19-a. Right absolute to bankrupt as to questions specified. Elliott v. Toeppner, 9 Am. B. R. 50, 187 U. S. 327, 47 L. Ed. 200. Day v. Beck and Gregg Hardware Co., 8 Am. B. R. 175, 114 Fed. 834, 52 C. C. A. 468. Right denied in partnership petition upon answer denying membership in firm by individual. In re Fook Woh & Co., 36 Am. B. R. 419. Bankrupt must apply for within time limited in Act. In re Neasmith, 17 Am. B. R. 128, 147 Fed. 160, 77 C. C. A. 402. When act charged is a transfer of property with intent to prefer and the answer admits respondent's insolvency and act charged, but merely denies the intent this does not raise an issue entitling him to a jury trial. In re Harris, 19 Am. B. R. 204, 155 Fed. 216. Creditors cannot demand a jury trial. In re Herzikopf, 9 Am. B. R. 145, 121 Fed. 544. The proceedings on a jury trial held under this provision of the Act are the same in form as on the trial of an ordinary action at law in a Federal court and if error is committed, it can only be reviewed on an application for a new trial or on a writ of error and not by appeal. In re Ward, 20 Am. B. R. 482, 161 Fed. 755. Moss v. Franklin Coal Co., 11 Am. B. R. 423, 125 Fed. 998, affd. In re Neasmith, 17 Am. B. R. 128, 147 Fed. 160, 77 C. C. A. 402. Form No. 84 NOTICE OF TRIAL IN INVOLUNTARY PROCEEDING (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 24.) Please take notice that the issues raised by the petition and answer filed herein, will be brought on for a trial and a motion will be made for judgment as prayed for in the petition, [or to dismiss the petition herein], at a term of this court, to be held in and for the ... at the court room, in the United States District 19..., at .... o'clock in the .... noon of that day, or as soon thereafter as counsel can be heard, and for the costs of this proceeding. Form No. 85 ORDER EXTENDING TIME TO ANSWER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 25.) At a stated term of the District Court of the United States for the ..... District of... held at the on 19... opposing creditor, on all the proceedings heretofore had herein, and an involuntary bankrupt, be, and it hereby is extended to and includ ing 19... Cross-reference. See § 18, Vol. I, ante. District Judge. |