Form No. 119

PETITION THAT BOND OF PETITIONING CREDITORS BE INCREASED

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 56.)

against which a petition in involuntary bankruptcy was filed herein

a corporation,

2. That on same day, upon the petition of said creditors and the filing of a cost bond by said creditors,

appointed temporary receiver and duly qualified.

was

3. That the receiver has taken possession of the place of business and all the assets of said

4. That on the ........ day of

Co.

19..., the said

alleged bankrupt, appeared and filed an answer in this proceeding denying its insolvency, denying the acts of bankruptcy charged, or that it should be adjudged bankrupt upon any ground.

5. That the bond filed by the petitioners herein for $250 is entirely inadequate for the following reasons:

[Here show value of assets, loss of credit, shrinkage of assets, etc., due to filing of petition.]

....

6. That in view of the above facts and conditions, the Co. should be adequately secured and protected against the action of the petitioning creditors in the appointment of a receiver, in case the petition is dismissed and adjudication refused. That the said bond of the petitioning creditors should be increased to $.......... to afford such protection.

No previous application has been made for the relief herein prayed for.

Wherefore, your petitioner prays that an order be entered increasing the amount of petitioners' bond to .. dollars, and in default thereof an order be entered discharging the receiver and directing the return of the property now held by said receiver to the Co., the alleged bankrupt.

[Verification.]

Cross-references.-See § 3, Vol. I, ante.

Petitioner.

Form No. 120

ORDER DENYING PETITION TO INCREASE BOND

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 57.)

A motion having been made herein by

bankrupt, upon petition verified the ........ day of

the

19..., that the petitioning creditors' bond should be increased to

$..

and said motion having come on for hearing before this

court,

Now upon reading and filing the said petition and notice of motion,

and the annexed affidavit of after hearing

port of the motion, and

duly verified, and of counsel for the bankrupt in sup

.. of counsel for the petition

ing creditors in opposition thereto, and upon motion of

Ordered that the motion for an order increasing the petitioning creditors' bond filed in this court, be and the same is hereby denied.

D. J.

Form No. 121

PETITION BY CREDITOR FOR APPOINTMENT OF RECEIVER AFTER ADJUDICATION BY REFEREE AND CONSENT OF CREDITORS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 58.)

having a provable claim for $. . . . . . . .

That the said bankrupt was duly adjudicated herein, on the

day of ....

......

19..., and on the same day this proceeding

was duly referred, but that a trustee cannot be appointed for some time to come.

That the bankrupt estate consists of and is worth substantially as follows:

[Here state full particulars.]

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

[That it will be for the best interests of the creditors of this estate, that the business located as above stated, be continued until a trustee can be appointed and qualify, for the following reasons:]

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

Wherefore, your petitioner prays that a temporary receiver may be appointed herein, (with authority to continue said business,) and for such other order as shall be just and lawful.

Dated ...

[Verification.]

19...

Petitioner.

CONSENT OF CREDITORS

We, the undersigned, creditors of said bankrupt, holding unsecured claims in the amounts set opposite our names, do hereby consent to and request the appointment of a temporary receiver herein.

Dated

19...

$ . . . . $.

$.

Appointment of receiver by referee.

Not permitted in some jurisdictions including Southern, Northern and Eastern districts of New York except by special order of judge.

By rule XXX in Western District of New York, referees may appoint in voluntary proceedings upon certificate from clerk that judge is absent from the district.

See Bankruptcy Rule in Vol. IV, post.

In no case can an appointment be made by referee before order of adjudication and reference.

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

Mueller v. Nugent, 7 Am. B. R. 224, 184 U. S. 1, 46 L. Ed. 405.

Form No. 122

PETITION BANKRUPT FOR APPOINTMENT OF RECEIVER AFTER ADJUDICATION AND REFERENCE

In the District Court of the United States for the

District

Your petitioner respectfully shows:

That your petitioner was adjudicated a bankrupt herein on the 19..., and on the same day this pro

.....

day of

ceeding was duly referred.

That your petitioner's estate consists of and is worth substantially as follows:6

62

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:

64

63

That it will be for the best interests of your petitioner's creditors. that his business, located as above stated, be continued until a trustee can be appointed and qualify, for the following reasons:

...

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

Wherefore your petitioner prays that a receiver may be appointed herein, with 65 power to continue said business, and for such other order as shall be just and lawful. Dated,

....

19...