2. That he has taken possession of the assets of said bankrupt and particularly a certain contract for [Here specify substance, property, etc.] That a large proportion of said contract has been performed and completed by the said bankrupt and it is necessary that same be wholly completed under the terms of said contract to avoid forfeiture. 3. That notices of the following alleged liens have been filed in the office of pursuant to the lien law of the State of [Names of lienors and amounts.] 4. Petitioner is informed and verily believes that many of said alleged liens are defective and of doubtful legal validity. That it is for the best interest of this estate that your petitioner be authorized and permitted to discharge said liens by deposit of moneys or bond as provided by the lien law of the State so as to complete said contract and release the moneys or payments now tied up thereon. Wherefore your petitioner prays for an order authorizing and permitting him to discharge the liens as herein enumerated by deposit. of moneys or by bond in his discretion and to proceed with the completion of said contract and for such other or further relief as may be just and proper. [Verification.] Petitioner. Form No. 132 ORDER TO DISCHARGE LIENS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 68.) .... .. the re and it appearing that the Upon reading and filing the petition of ceiver herein verified prayer thereof is reasonable and proper, it is on motion of... attorneys for the said receiver Ordered that ... the receiver herein be and he hereby is authorized and permitted in his discretion to discharge forthwith certain alleged liens against the amount due the bankrupt from under a contract for the construction of notice of which alleged liens have been filed with ... by of the alleged bankrupt pursuant to provisions of the Lien Law of the State of .. directed by ... such sums of money as may be fixed and (State court) or a justice thereof, to be deposited to discharge such alleged liens or in lieu thereof by filing bond as required by said Lien Law. District Judge. Form No. 133 ORDER THAT RECEIVER COMPLETE CONTRACTS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 69.) At a stated term of the District Court of the United States for the ....... Upon reading and filing the annexed petition of porary receiver herein, verified the ........ day of 19..., and the annexed consent dated motion of ..... tem 19..., and on attorney for receiver, it is Ordered that said receiver herein, be and he hereby is permitted and allowed to complete the orders which have. come into his possession and which are in the course of manufacture or unfilled, and to dispose of the same when completed, in the regular course of business, for cash, and to make such expenditures in relation thereto as may become necessary. D. J. Form No. 134 AFFIDAVIT BY RECEIVER FOR LEAVE TO BEGIN SUIT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 70.) United States District Court, 19..., deponent was duly appointed receiver in bankruptcy of the above named bankrupt and required to file a bond in the sum of $........ and the same was duly filed and approved; that thereafter deponent entered upon his duties as such receiver and is now continuing to act as such. 2. That no adjudication has been had herein; that a considerable period of time must necessarily elapse before a meeting of creditors can be called and a trustee elected herein. That among the assets belonging to the estate herein and in possession of deponent are certain promissory notes for $........, each made to the order of the said bankrupt by .. and due 19... That as said promissory notes are due and unpaid, and there is grave danger that same will become uncollectible before a trustee can be elected and qualify herein; that as no trustee can be elected before...... .... ... 19..., deponent believes that it is for the best interests of the estate herein that he be authorized to commence an action on said promissory notes as soon as possible. 3. No previous application has been made for this order. Sworn to before me this ... day of 19... Form No. 135 ORDER AUTHORIZING RECEIVER TO BEGIN SUIT At a stated term of the District Court. On the petition in involuntary bankruptcy herein, subpoena and all the proceedings herein, and on reading and filing the affidavit of rupt, verified ... receiver in bankrupty of .. .., 19..., and on motion of ... bank attorney for the said receiver, and sufficient reason appearing therefor, it is, upon motion of .... Ordered that .... attorney for said receiver, receiver of the bankrupt herein, be and he is hereby authorized, empowered and directed to commence an action against upon the following cause of action: D. J. Suits by receiver.- Little used, as a receiver in bankruptcy is a mere custodian. Court, however, has power to authorize receiver to institute all necessary actions at law or suits in equity for the recovery or preservation of the alleged bankrupt's property. In re Fixen, 2 Am. B. R. 822, 96 Fed. 748. May maintain summary proceedings. In re Muncie Pulp Co. (C. C. A., 2d Cir.), 14 Am. B. R. 70, 139 Fed. 546. Unrnach v. Douglass, 75 Conn. 633. |