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Cannot sue in another district.

In re National Mercantile Agency, 12 Am. B. R. 189, 128 Fed. 639.

In re Schrom, 3 Am. B. R. 352, 97 Fed. 760.

A temporary receiver in bankruptcy has no authority to bring an action to set aside an alleged fraudulent transfer by the bankrupt.

Guarantee Title and Trust Co. v. Pearlman, 16 Am. B. R. 461, 144 Fed. 550. Frost et al. v. Latham & Co. et al., 25 Am. B. R. 313.

Nor for recovery of property not in his possession.

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

Contra. In re Fixen (D. C., Cal.), 2 Am. B. R. 822, 96 Fed. 748.

Validity of an order authorizing suit by receiver cannot be collaterly attacked. Slaughter v. Louisville & Nashville R. R. Co. (Tenn. Sup. Ct.), 27 Am. B. R. 570, 125 Tenn. 292.

But not conclusive as to right of action.

Greenhall v. Hurwitz et al., 31 Am. B. R. 871, 80 Misc. (N. Y.) 186.

Form No 136

ORDER AUTHORIZING RECEIVER TO JOIN IN BANKRUPTCY PETITION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 72.)

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On reading and filing the annexed petition of receiver herein, verified the

and sufficient reason appearing to me therefor,

Now, on motion of

receiver of

day of

19...,

attorney for...

it is

Ordered that the said ...

as receiver of

be and he hereby is authorized and allowed to join with the said the bankrupt herein, in proceedings and petition to adjudged an involuntary bankrupt and for such action or proceedings as may be necessary and proper thereto.

have.

D. J.

Form No. 137

ORDER ALLOWING SUIT AGAINST RECEIVER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 73.)

At a stated term of the District Court of the United States for the District of

held at the

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attorney for the petitioner, and sufficent reason appearing therefor, it is

Ordered, that the prayer of said petitioner be and the same hereby is granted, and that said petitioner have leave to commence an action. in the .... .in the manner and form as he may be advised, for: [Here state object of action,] and

Court of

that petitioner have leave to make

the estate of the above named,

party defendant in said action.

as receiver of bankrupt, a

D. J.

Cross-references.- See § 2, Vol. I, ante, “Suits against receivers."

Actions against receiver.-A receiver as such may not be sued except by leave of court, unless he is carrying on the business by order of court.

In re Kalb & Berger Mfg. Co. (C. C. A., 2d Cir.), 21 Am. B. R. 393, 165 Fed. 895, 91 C. C. A. 573.

None on claims against alleged bankrupt.

In re Heim Milk Product Co., 25 Am. B. R. 746, 183 Fed. 787.

Jurisdiction.

An action may be maintained against receiver for goods sold

to him during receivership, in the City Court of New York.

Orr Co. v. Cushman, 18 Am. B. R. 535.

Receiver not personally liable for negligence of agent in removing property which he was authorized to remove where the receiver was not guilty of negli gence in the selection of such agent.

Frederick A. Stokes Co. v. Carell, 138 N. Y. Supp. 536.

Not necessary to obtain leave to sue receiver on a claim for goods removed during receivership.

In re Kelly Dry Goods Co., 4 Am. B. R. 528, 102 Fed. 747.

Stays in action against receiver personally; no power though based on acts done as receiver.

In re Kalb & Berger Mfg. Co. (C. C. A., 2d Cir.), (supra).

In re Kanter and Cohen (C. C. A., 2d Cir.), 9 Am. B. R. 372, 121 Fed. 984, 58 C. C. A. 260.

In re Spitzer (C. C. A., 2d Cir.), 12 Am. B. R. 346, 130 Fed. 879, 66 C: C. A. 35.

In re Trayna and Cohn (C. C. A., 2d Cir.), 27 Am. B. R. 594, 195 Fed. 486, 115 C. C. A. 396.

Will not restrain an action against a receiver in personam as for a tort where acts complained of were outside the scope of his authority.

In re Spechler Bros. (D. C., N. Y.), 26 Am. B. R. 97, 185 Fed. 311. Compare Riverdale Mills v. Alabama and G. Mfg. Co., 198 U. S. 188, 49 L. Ed. 1008.

See, as bearing upon right to such stay, Murphy, 2d v. John Hofman Co. (U. S. Sup.), 21 Am. B. R. 487, 211 U. S. 562, 53 L. Ed. 327, revg. 187 N. Y. 543.

Form No. 138

ORDER DIRECTING DELIVERY OF ASSETS BY RECEIVER TO TRUSTEE SUBJECT TO LIEN FOR FEES, ETC.

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 74.)

At a stated term of the District Court of the United States for the

District of

...

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On reading and filing the annexed affidavit of attorney for

above named bankrupt, verified

receiver of the estate of the

19..., and

due notice of this application having been given to

the trustee herein,

Now on motion of

....

...., attorney for receiver, it is

Ordered that the said receiver be and he is hereby authorized and directed to turn over to the trustee of the estate of the above named bankrupt all the assets belonging to the estate herein now situated. at .... in the City of

... the said trustee,

And it is further ordered, that hold all the said property, when the same shall have been turned over to him by the said receiver, subject to the payment of all indebtedness incurred by the receiver in carrying on the business of the bankrupt and also to the payment of the allowance of the receiver and his expenses of administration and the allowance of his attorney, the amount of such allowances and expenses of administration to be fixed and determined hereafter by this court.

D. J.

Receiver may be compelled to turn over to the trustee when qualified the moneys or other property in his hands without waiting for his accounts to be passed, save such amount as will suffice to cover probable expenses of the receivership.

In re College Clothes Shop (D. C., N. Y.), 27 Am. B. R. 10, 192 Fed. 80.

Form No. 139

REPORT OF RECEIVER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 75.)

United States District Court,

District of

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

To the United States District Court,

for the

I,

District of...

day of .....

....

do hereby make and file my report and account as temporary receiver of the estate of the above named bankrupt: 1. I was appointed receiver herein on the ..... 19..., and required to file a bond in the penalty of ($........). Having been notified of my appointment, I obtained a certified copy of the order thereof, and filed my bond in the penalty required, and in company with the attorney for the petitioning creditors, I visited the premises of the bankrupt, No.

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the secretary of the company, and others. Subsequently other officers of the alleged bankrupt arrived at the premises, and after consultation with attorney, turned over the premises to me. I placed a custodian in charge of the premises and took possession of the books, etc. I found that the bankrupt was a .. corporation, engaged in I had a long consulta

...

the manufacture and sale of .. tion with the officers of the company and with various large creditors, in regard to the advisability of continuing the business, inasmuch as the company had on hand orders to be executed, amounting to about

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