3. Your petitioner desires to employ as his counsel the attorney for the petitioning creditors herein, and believes him well qualified to act as counsel in this matter to your petitioner, and that he represents no interests adverse to petitioner or the estate of the alleged bankrupt. Wherefore, your petitioner would respectfully pray for an order authorizing and permitting him to retain counsel in this proceeding. as his [Verification.] Cross-references.-See §§ 2 and 62, ante. Petitioner. Form No. 127 AFFIDAVIT OF ATTORNEY THEREON (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 63.) being duly sworn, deposes and says: That he is an attorney and counselor at law of the State of... and admitted to practice in this court; that he does not represent the above bankrupt; and is in no way connected with said bankrupt; that he represents no interests adverse to ... as receiver in bankruptcy of the above named estate and knows of no reason why he should not act as the attorney and counsel for the said receiver in this proceeding. Sworn to before me this day of 19... Form No. 128 ORDER AUTHORIZING RECEIVER TO RETAIN COUNSEL (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 64.) On reading and filing the annexed petition of.. receiver of the above named bankrupt, verified the day of duly verified, and it appearing to the Court that the prayer of the said petition is reasonable and proper, it is Ordered that the said receiver be and he hereby is authorized and empowered to employ as his attorney in this pro ceeding. Court rules. D. J. Petition and order to retain counsel necessary under local rules in many districts. See Bankruptcy Rules, Vol. IV, post. 98. Selection of counsel by receiver. In re Strobel (C. C. A., 2d Cir.), 20 Am. B. R. 22, 160 Fed. 916, 88 C. C. A. In re Kelly Dry Goods Co., 4 Am. B. R. 528, 102 Fed. 747. In re Champion Wagon Co. (D. C., N. Y.), 28 Am. B. R. 51, 193 Fed. 1004. Receiver should engage independent counsel. In re Kelly Dry Goods Co., 4 Am. B. R. 528, 102 Fed. 747. In re Zier & Co. (C. C. A., 7th Cir.), 15 Am. B. R. 646, 142 Fed. 102, 73 C. C. A. 326. Form No. 129 PETITION BY RECEIVER TO CONTINUE BUSINESS OF BANKRUPT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 65.) your petitioner That by an order of this court, dated ... was duly appointed receiver herein, and duly qualified by filing the required bond. That on entering upon his duties herein as receiver, your petitioner has taken possession of the property, assets and effects of the bankrupt, consisting of ... That he has made a careful investigation of the condition of the bankrupt's business and finds that said bankrupt has on hand a large number of unfilled orders, from which it is estimated the sum of $..... could be realized upon completion of same. That there is also a large stock of material on hand, consisting of and largely available for the purpose of completing such orders. That this property will be greatly enhanced in value by making it up into manufactured goods; otherwise, but a small amount will be realized for the creditors in disposing of the property in its present condition. Your petitioner believes it to be necessary in the best interests of this estate that he be permitted to carry on the business for a limited. period and fill these orders. (That at the time of the petition in bankruptcy was filed against the said bankrupt, he was endeavoring to effect a settlement with his creditors, and said bankrupt as your petitioner is informed, believes that he can now effect such settlement with his creditors, if the business be continued and the good will preserved.) Wherefore, your petitioner respectfully prays that he be permitted and empowered to continue the business as conducted by the bankrupt for a period of ........ days, and that in the conduct of the business, he be permitted to incur such expense and enter upon such contracts as in his judgment, may seem proper in the premises. Dated 19... Petitioner. [Verification.] Cross-references.- See § 2, Vol. I, ante. Also Form No. 130, post. Form No. 130 ORDER AUTHORIZING RECEIVER TO CONTINUE BUSINESS OF BANKRUPT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 66.) At a stated term of the United States District Court held in and for the District of at the Court House in the City ....... Ordered that .. .... as receiver herein, be and he hereby is permitted, authorized and empowered to continue and carry on the business as conducted by the bankrupt herein, for a period of.... days, from date hereof, and in the conduct of said business, to make . such contracts and incur such expense as in his discretion may be necessary. D. J. Cross-references.- See § 2, Vol. I, ante. Also Form No. 129, ante. In re Bourlier Cornice and Roofing Co., 13 Am. B. R. 5S5, 590, 133 Fed. 958. Order authorizing may not be attacked collaterally. In re Isaacson (C. C. A., 2d Cir.), 23 Am. B. R. 98, 174 Fed. 406, 98 C. C. A. 614. Surcharging receiver's accounts for persisting in carrying on an unprofitable business. In re Consumers Coffee Co., 20 Am. B. R. 835, 162 Fed. 786. In re Isaacson (supra). Receiver should not carry on a business at expense of secured creditor who does not consent. In re Bourlier Cornice and Roofing Co. (supra). Duty of persons dealing with receiver running business to investigate extent of receiver's authority. In re Erie Lumber Co., 17 Am. B. R. 689, 707, 150 Fed. 817. Form No. 131 PETITION BY RECEIVER TO DISCHARGE LIENS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 67.) .. petitioner 1. That by an order of this Court dated ... was appointed receiver of the above named bankrupt and duly qualified. |