Imágenes de páginas
PDF
EPUB
[blocks in formation]

in the

can be heard.

Dated

Το

[blocks in formation]

noon of that day, or as soon thereafter as counsel

[blocks in formation]

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 78.)

[blocks in formation]

by by

ceptions thereto :

trustee in bankruptcy herein, appearing

his attorney, and objecting to the account filed receiver herein, files the following ex

1. (Set forth objections specifically.)

2.

Wherefore the trustee herein respectfully prays that the account. of said receiver, be not allowed as to the matters above set forth and that said receiver be directed to account for and

turn over to the trustee the following:.

Dated

19...

Trustee.

[Verification.]

Exceptions to receiver's account.

Referee has no authority to find against receiver on ground not specified in exceptions and of which receiver had no notice, nor to surcharge his account on such ground.

In re Schoenfeld (C. C. A., 3d Cir.), 25 Am. B. R. 748, 183 Fed. 219, 105 C. C. A. 481.

Objections should be made promptly.

Re-examination not allowed where there has been laches.

In re Reliance Storage and Warehouse Co., 4 Am. B. R. 49, 100 Fed. 619. Exceptions to account should be verified.

In re Ketterer Mfg. Co., 19 Am. B. R. 646, 155 Fed. 987.

Form No. 143

PETITION FOR ALLOWANCE BY ATTORNEY FOR RECEIVER

(Hagar and Alexander's Bankruptcy Forms [2d Ed., No. 79.)

[blocks in formation]

1. That he is an attorney at law and admitted to practice in this. court; that on the

petitioner was retained by

day of

...

19..., your

Esq., receiver of the

19..., an order was duly made and entered

estate of the above named bankrupt, as his counsel, and on the... day of

herein to that effect.

2. That the said bankrupt was engaged in business at....

as follows:

3. That petitioner has rendered the following services for the receiver herein:

[Here set forth specifically and at length all services performed for receiver and for the benefit of the estate.]

4. Your petitioner has actually paid necessary expenses and disbursements on behalf of this estate, amounting to $...

as

[Itemize or

follows:
annex schedule.] That same has not been repaid to petitioner.

5. That petitioner has received no compensation for the services herein before stated to have been rendered by him as attorney for the said receiver. (That annexed hereto is a transcript of petitioner's register, marked Schedule "A," showing in detail the services as hereinbefore specified.)

Wherefore, your petitioner respectfully prays, that a suitable allowance be made to him for his services as attorney for the receiver herein and in addition thereto the sum of $.....

actually paid as such attorney.

disbursements

Petitioner.

[Verification.]

Compensation of attorney for receiver.- [See § 62, ante. Also local rules in Vol. IV, post.]

Allowed compensation for services rendered in behalf of estate or for its benefit.

In re T. E. Hill Co. (C. C. A., 7th Cir.), 20 Am. B. R. 73, 159 Fed. 73, 86 C. C. A. 263.

In re Ketterer Mfg. Co., 19 Am. B. R. 646, 155 Ted. 987.

No allowance for services in interest of petitioning creditors, who are his clients.

In re Oppenheimer, 17 Am. B. R. 59, 146 Fed. 140.

Form No. 144

REPORT OF SPECIAL MASTER ON RECEIVER'S ACCOUNT

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 80.) United States District Court,

[blocks in formation]
[ocr errors]

I, one of the Referees in Bankruptcy, to whom, as Special Master, have been referred the report and account of as receiver herein, together with the application of the said receiver for an allowance in payment of his services and disbursements as such; and also the application of .... for an allowance in payment of his services and disbursements as attorney for the said receiver; and also the application of

and ..

.. for an allowance for their service as appraisers appointed by the court to appraise the estate of the bankrupt in the hands of the said receiver, due notice, having been given to the creditors herein as required by the rule of this court having been duly attended by the parties and creditors and having heard and considered the allegations and proofs, do hereby respectfully report as follows:

I was duly attended, upon the hearings herein, by the said receiver and by

....

his attorney, by the duly appointed trustee in bankruptcy herein and certain creditors. No objections were made or filed to the account of the said receiver.

I have carefully examined the said report and account, together with the vouchers submitted in support thereof, and find the same in all respects correct and true, and recommend that same be passed and allowed as filed.

The petition was filed herein on the .....

19...

day of

...

The bankrupt was adjudicated on the

day of

19... The said temporary receiver was duly
.., 19..., and immediately qualified and took

appointed
possession of the bankrupt's property and effects.
was appointed trustee ...
19...

.....

The bankrupt was engaged in business as a ... places of business, one at

had ...

[blocks in formation]

...

both in the City of..

and

and

The receiver, pursuant to order of the court, sold all the property of the bankrupt found in the stores mentioned at public auction. The gross amount realized from this sale was $..... From this the auctioneer deducted, for his services and disbursements, the sum of $..... leaving as the net result of the sale, $...... This is all that the estate has as yet recovered, although it appears that the receiver and his attorney believe that further sums may be recoverable,

[ocr errors]

A summary account of the receiver's cash is as follows: He has received in all the sum of and he has disbursed in all the sum of $............, leaving a balance in his hands of

[ocr errors]
[ocr errors]

$...

$.....

I think that the receiver discharged all the duties required of him as such in a satisfactory manner. His attorney also acted with diligence in the discharge of the duties required of him. Much of the services shown by the receiver's attorney consists of examination of the bankrupt and others, for the purpose of discovering assets and obtaining evidence upon which to base proceedings for the recovery of property believed to have been wrongfully taken from the estate. These services seem to have been rendered with diligence.

I, therefore respect fully recommend that the said receiver make the following disposition of the funds in his hands:

1. That he shall retain in full compensation by way of commission for his services as receiver as aforesaid, the sum of

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

3. That he pay to each of the appraisers herein, the sum of $... in full compensation for services as such, making in all ...

$....

4. That he shall pay to the undersigned, Special Master, in full

« AnteriorContinuar »