Form No. 148

ORDER VACATING APPOINTMENT OF RECEIVER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 84.)

Application having been made on behalf of creditor of the above named ...

a

for an order vacating,

annulling and setting aside the order made herein by the Hon.

rupt, and containing further provisions as will more fully appear by reference to the said original order on file in this court; and said application having come on for hearing, upon the papers and proceedings herein and upon due notice given to the said ....

the receiver so appointed, and to ....

for the above named petitioning creditors herein, Now, upon reading and filing the petition of verified, and the affidavit of

after hearing

Esq., the attorney

... duly duly verified, and

the said

the attorney for the above named

...

of counsel for said

in support of said application, and .... receiver, and ...

petitioning creditors, in opposition thereto; and it appearing from

the pleadings and proceedings herein that the a corporation engaged in the business of

is

and is

not such a corporation as is amenable to the Bankruptcy Act as amended; and due deliberation having been had,

Now on motion of

...

it is

attorneys for said

Ordered, that said motion be and the same hereby is granted, and the said order made by the Hon.

bearing date the ..

...

District Judge, 19..., appointing

the said

... and

containing other provisions, be and the same is hereby vacated and

set aside.

Vacating receivership.

D. J.

Discretionary with court.

In re Church Construction Co. (D. C., N. Y.), 19 Am. B. R. 549, 157 Fed. 298. In re Oshwitz and Feldstein (D. C., N. Y.), 25 Am. B. R. 594, 183 Fed. 990. Property in hands of assignee for benefit of creditors.

In re Oakland Lumber Co. (C. C. A., 2d Cir.), 23 Am. B. R. 181, 174 Fed. 634, 98 C. C. A. 388.

Motion to vacate.

In re Haff (C. C. A., 2d Cir.), 13 Am. B. R. 354, 135 Fed. 742, 68 C. C. A. 380. Receiver must restore property intact without any deductions for services or disbursements, or those of attorney.

In re Sears, Humbert and Co., 10 Am. B R. 389.

Form No. 149

PETITION FOR AUTHORITY TO ISSUE RECEIVER'S CERTIFICATES

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 85.)

....

the

petitioner was duly appointed receiver of bankrupt herein, duly qualified and is still acting as such receiver. 2. That by the order of his appointment, he was authorized to continue the business of said bankrupt for a period of ... ... days and an order has been made extending such time for a further period of

.....

.. days.

3. In accordance therewith petitioner has conducted the business of the bankrupt from date of his appointment to the present time. 4. That the principal business of the bankrupt at present is a contract for the construction of in the city of

... and is of a public nature and not yet completed. 5. That under the contract aforesaid, $......... is now due as a payment for work done but same cannot be immediately collected. 6. Petitioner further shows that he will necessarily require $..... over and above the amount of cash on hand to meet the liabilities incurred by him in the conduct of the business requiring immediate payment and to meet weekly payrolls, and other future expenditures. 7. Petitioner is informed and verily believes, he can borrow $......... at 6 per cent. interest on receiver's certificates, provided your petitioner is authorized and empowered to pledge the balance due hereinbefore referred to as security for the payment of said certificates and that said certificates be a first lien on said moneys. 8. That no other or previous application has been made for this relief.

Wherefore, your petitioner prays that he be authorized and empowered to borrow $........ at 6 per cent. interest and to issue receiver's certificates therefor secured by an assignment of the amount due as hereinbefore referred to.

[Verification.]

Petitioner.

Form No. 150

ORDER AUTHORIZING ISSUANCE OF RECEIVER'S CERTIFICATES

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 86.)

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

held at the

the receiver herein, having presented his petition duly verified to this court praying that he be allowed to borrow money and to issue receiver's certificates for funds required by him in the immediate operation and continuance of the bankrupt's business and the preservation of its property:

....

.....

And the matter having come on to be heard, and after hearing Esq., of counsel for the bankrupt, and attorney, for petitioner (or lienors), and upon reading and filing the said petition the affidavit of ... duly verified, and notice of application and presentation thereof, and upon the order authorizing the receiver to continue the business and the other proceedings herein had, and it appearing to the satisfaction of the court that necessity exists therefor, Now, on motion of .... attorney for the receiver, it is Ordered, that the motion be, and the same hereby is granted, and that the receiver herein, be and he hereby is authorized and empowered to issue, negotiate and dispose of receiver's certificates to the extent of and not exceeding the sum of $........, bearing 6 per cent. interest, to raise funds for the use of the receiver in the continuance and operation of the business of the said bankrupt.

And it is further ordered, that the said certificates so to be issued by the said receiver shall be in the words and figures following: [Here insert proposed form of certificate.]

And it is further ordered, that the earnings, income, profits, property and estate of the said in the custody of the said receiver, as well as his successor or successors in office, or to hereafter come into the possession of a trustee when appointed in the said matter, are expressly charged with a lien for said certificates upon the said property and estate, as by the terms of the said order will more fully appear, and the payment of said certificates shall be made out of and from the property and assets of said company subject only to the lien of a certain mortgage or mortgages to .... as trustee, or otherwise, securing the

of ....

payment of the bonds of the said

issued in the principal sum of $..

...

of

and to the rights, claims

and demands of the holders and pledgees of said bonds.

And it is further ordered, that the said funds as raised by the receiver out of and from the sale and negotiation of the said certificates shall be used, and applied solely and exclusively for the operation, administration, and expenses of the business of the said. bankrupt.

And it is further ordered, that the clerk of this court shall after the said receiver shall have signed said certificates, certify under this hand and the seal of this court said certificates so subscribed by the said receiver in the manner and form following: "Certificate of the Clerk of the District Court of the United States for the District of

I,

.....

Clerk of the District Court of the United States for the District of do hereby certify that the foregoing certificate or instrument of indebtedness signed by as receiver of ....

is one of a series

of certificates mentioned in and authorized by the order of the District Court of the United States for the ...

District day of

bank

rupt,' pending in the said court upon the bankruptcy side of the said

court.

Clerk."

D. J.

Cross-references.- [See § 2(5), (15), Vol. I, ante.]

Receiver's certificates.