SUBDIVISION II

RECEIVER IN BANKRUPTCY AND CUSTODY OF PROPERTY BY MARSHAL

(In addition to the forms listed below the practitioner should consult the following Official Forms Nos. 8, 9, 10.)

FORM NO. 115. 116.

Petition for Appointment of Receiver before Adjudication, 2229. Order appointing Receiver before Adjudication and Injunction, 2231.

117. Consent of Bankrupt to Appointment of Receiver, 2234.

118. Bond of Petitioning Creditor upon Appointment of Receiver,
2235.

119. Petition that Bond of Petitioning Creditor be increased, 2238.
120. Order denying Petition to increase Bond, 2239.
121. Petition for Appointment of Receiver after Adjudication by
Referee and Consent of Creditors thereto, 2240.

122. Petition of bankrupt for appointment of receiver after Adjudi-
cation, 2242.

123. Order appointing Receiver after Adjudication and reference,

2243.

124. Bond of Receiver, 2244.

125.

Petition for Order reducing Amount of Receiver's Bond and
Order thereon, 2246.

126. Petition by Receiver to employ Counsel, 2247.

127. Affidavit of Attorney thereon, 2248.

128. Order authorizing Receiver to employ Counsel, 2249.

129. Petition by Receiver to continue Business of Bankrupt, 2250,

130. Order authorizing Receiver to continue Business of Bankrupt,

2251.

131. Petition by Receiver to discharge Liens, 2252.

132. Order discharging Liens, 2254.

133. Order that Receiver complete Contracts, 2255.

134. Affidavit by Receiver for Leave to begin Suit, 2256.

135. Order authorizing Receiver to sue, 2257.

136. Order authorizing Receiver to join in Bankruptcy Proceeding,

2258.

137. Order allowing Suit against Receiver, 2259.

138. Order directing Delivery of Assets by Receiver to Trustee, 2261. 139. Report of Receiver, 2262.

140.

Receiver's Final Account and Oath to same, 2264.

141. Notice of Hearing upon Receiver's Accounts before Special

142.

Master, 2267.

Exceptions to Receiver's Accounts, 2268.

143. Petition for Allowance by Attorney for Receiver, 2269.

144. Report of Special Master on Receiver's Account, 2271.

145. Notice of Motion to confirm Report of Special Master on Receiver's Accounts, 2273.

146. Order confirming Report of Special Master on Receiver's Account, 2274.

2228

FORM NO. 147. Order confirming Report and directing Payment by Petitioning
Creditors upon Dismissal of Involuntary Petition, 2276.
Order vacating Appointment of Receiver, 2278.

148.
149. Petition for authority to issue Receiver's Certificates, 2279.
Order authorizing Issuance of Receiver's Certificates, 2281.
Answer to Lienor to Receiver's Petition to issue Certificates as
prior lien, 2284.

150.
151.

152. Receiver's Certificate, 2286.

153. Petition for Appointment of Ancillary Receiver in Court of Ancillary Jurisdiction, 2289.

154. Order appointing Ancillary Receiver, 2292.

Form No. 115

PETITION FOR APPOINTMENT OF RECEIVER BEFORE ADJUDICATION

In the District Court of the United States for the

of

of

the ... in said district, to be a bankrupt was filed herein on the ..... day of ... 19...; that such proceeding is still pending, and will not be determined for some time. That, as your petitioners are informed and believe, the estate of said bankrupt consists of and is worth substantially as follows:57

58

That it is absolutely necessary for the preservation of said estate that a receiver be appointed to take charge of the same for the following reasons:59

That your petitioners file herewith the bond of

in $........, as required by § 3-e of the bankruptcy act of 1898. That 60 it will be for the best interests of said bankrupt and his creditors that his business, located at No.

the ....

....

of ....

street, in

in said district, be continued until the hearing and decision on the petition for adjudication herein, for the following reasons:

That no previous application has been made to this or any other court for the order hereinafter asked.

Wherefore your petitioners pray that

of

in said district, be appointed receiver herein, with power to take charge of and hold said estate 61 and to continue said business, and for such other order as shall be just and lawful.

Dated,

19...

Petitioners.

STATE OF
County of
City of

SS.:

I (We), the petitioner.. mentioned and described in the foregoing petition, do hereby (severally) make solemn oath that the statements of fact therein contained are true, according to the best of my (our) knowledge, information, and belief.

Subscribed and sworn to before me, this

19...

.... day of

Cross references.- See, generally, §§ 2, 3 and 69, ante. Also Forms Nos. 8-10. For bond, see Form No. 9, changing recitals to fit this kind of an application and the condition clause to fit § 3-e.

or (2) that "the bankrupt is selling the same at prices much less than such property is worth, to wit ......, or has threatened or is liable so to do; or (3) that "the bankrupt is neglecting such property and the same is deteriorating or liable so to do." The petition should state that the appointment of a receiver is absolutely neces

sary for the preservation of the estate. In re Oakland Lumber Co. (C. C. A., 2d Cir.), 23 Am. B. R. 181, 174 Fed. 634; In re Rosenthal (D. C., N. J.), 16 Am. B. R. 443, 144 Fed. 549.

60. Omit this paragraph if the receiver is to be a custodian only. 61. Or a specified part of it, stating it.

This application can be made by one petitioner only. If made by attorney, show in affidavit of verification why petition was not made by the creditors. Specific facts showing necessity for appointment must be set forth in moving papers. Matter of Hagardine-McKittrick, etc., Co. (D. C., Mo.), 39 Am. B. R. 742, 239 Fed. 155.

Form No. 116

ORDER APPOINTING RECEIVER BEFORE ADJUDICATION WITH

INJUNCTION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 53.)

At a stated term of the District Court of the United States held in and for the District of

at the Court House in the City of

.. day of

....."

verified the

19..., and the petition in bankruptcy filed herein against the above named alleged bankrupt, in the office of the clerk of this court on the .... .. day of ..... 19..., and upon the bond of the petitioning creditor duly filed and approved herewith, and it appearing that a subpoena has been duly issued against said alleged bankrupt as required by law, and that the appointment of a receiver is absolutely necessary for the preservation of this estate, now on motion of .... attorneys for the petitioning creditors herein,

It is ordered, that

Esq., be, and he hereby is.

appointed receiver of the property, assets and effects of the above

VOL. III-7

62

named alleged bankrupt, with all the usual rights and powers thereof until the further order of this court, in the premises,

And it is further

Ordered, that the said receiver give a bond to the people of the United States in the sum of $.......... conditioned for the faithful discharge of his duties as such receiver.

And it is further

Ordered, that said alleged bankrupt forthwith deliver to said. receiver all of his property, assets and effects now in his possession or under his control, and the said alleged bankrupt and all other persons, firms, corporations, all creditors of the said alleged bankrupt, as well as their and each of their attorneys, agents and servants, and all sheriffs, marshals and other officers, deputies and their employees are hereby jointly and severally restrained and enjoined from removing, transferring or otherwise interfering with the property, assets and effects of the above named alleged bankrupt and from prosecuting, executing or suing out of any court any process, attachment, replevin or other writ for the purpose of taking possession, impounding or interfering with any property, assets or effects of the above named alleged bankrupt, and from molesting, disturbing or interfering with the receiver herein appointed in the discharge of his duties.

D. J.

Cross-references. See §§ 2, 3, and 69, ante.

Order appointing receiver before adjudication.- [See § 2, Vol. I, ante.]
Indemnity bond must be furnished.

Authority of Court conditioned on this being done.

Beach v. Macon Grocery Co. (C. C. A., 5th Cir.), Am. B. R. 751, 116 Fed. 142, 53 C. C. A. 463.

When the preservation of the estate demands such intervention.

In re Desrochers (D. C., N. Y.), 25 Am. B. R. 703, 183 Fed. 991.

Are but ancillary to the proceedings in bankruptcy.

T. E. Hill Co. v. U. S. Fidelity and Guaranty Co. (Ill. Sup. Ct.), 33 Am. B. R. 781, 250 Ill. 242, 95 N. E. 150.

Authority to appoint: In re Oakland Lumber Co. (C. C. A., 2d Cir.),

Am. B. R. 181, 174 Fed. 634, 98 C. C. A. 388.

In re Fixen, 2 Am. B. R. 822, 96 Fed. 748.

In re Florcken, 5 Am. B. R. 802, 107 Fed. 241.

23

Boonville National Bank v. Blakey (C. C. A., 7th Cir.), 6 Am. B. R. 13, 107 Fed. 891, 47 C. C. A. 43.

Appointment of receiver after general assignment.

In re Federal Mail and Express Company (D. C., N. Y.), N. Y. Law Jour. July 3, 1916.

In re D. & E. Dress Company, Inc. (D. C., N. Y.), N. Y. Law Jour. July 5, 1916.

62. Or a specified part of it, stating it.