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necessary for the preservation of this property and in aid of the receiver heretofore appointed in said

.....

.... District of

that an ancillary receiver be appointed herein, now upon motion of Esq., attorney for said petitioner, it is Ordered, that the prayer of said petition be and hereby is granted and .... ...., Esq., be and he hereby is appointed ancillary receiver of the above named bankrupt in and for this district with all the rights and powers to carry into force and effect the orders of the original court of jurisdiction and it is further

Ordered, that said receiver furnish a bond in the sum of $...... for the faithful discharge of his duties as such receiver and it is further,

Ordered, that said bankrupt forthwith deliver to said receiver all of his property, assets and effects now in his possession or under his control, and that said bankrupt and all other persons, firms, corporations and creditors of said bankrupt, as well as their and each of their attorneys, agents and servants, and all sheriffs, marshals and other officers, deputies and their employees, are hereby jointly and severally restrained and enjoined from removing, transferring or otherwise interfering with the property, assets and effects of the above named alleged bankrupt, and from prosecuting, executing or suing out of any court, any process, attachment, replevin or other writ for the purpose of taking possession, impounding or interfering with any property, assets or effects of the above named bankrupt, and from molesting, disturbing or interfering with the ancillary receiver herein appointed in the discharge of his duties.

Cross-references.- See § 2, Vol. I, ante.

D. J.

SUBDIVISION III

PROCEEDINGS BEFORE REFEREE AFTER ADJUDICATION

In addition to the forms listed above consult the following Official Forms, ante, Nos. 13, 16, 17, 18, 19, 22, 23, 24, 26, 27, 43.

FORM NO. 155. Notice of Adjudication, 2295.

156. Order for first Meeting of Creditors after thirty Days, 2296.
158. Short Form of Notice used in Southern District of New York
by local Rule, 2297.

159. Affidavit of Publication of Notice of first Meeting, 2298.
160. Affidavit of mailing Notice of first Meeting, 2298.

162.

FORM NO. 161. Special clauses for Notices to Creditors, 2299. Order approving appointment of trustee, 2301. 163. Notice to Trustee to file Report, 2302.

164. Order appointing Attorney for Trustee, 2303.

165. Notice of defective Proof of Claim, 2304.

166. Petition for order amending Schedules, 2305.

167. Order to show cause on amendment of Schedules, 2306.

168. Order amending Schedules, 2307.

169. Affidavit of Bankrupt as to exemptions, 2309.

170. Order allowing Exc nptions when no Trustee is Appointed, 2310. 171. Petition by Bankrupt for Review of Referee's Order on Exemp

tions, 2311.

172. Certificate of Falsity of Pauper Affidavit, 2318.

173.

Order that Trustee transfer Copyright, 2319.

174. Petition for Meeting of Creditors to consider proposed Compromise of Controversy, 2320.

175. Notice to Creditors of Special Meeting, 2321.

176. Combined Notice to Creditors, 2322.

177. Order authorizing Compromise, 2323.

178. Petition for Meeting of Creditors to indemnify Trustee, 2324
179. Petition to compel Bankrupt to turn over concealed Assets, 2325.
180. Summary Order that Bankrupt turn over concealed Assets, 2330.
181. Petition to re-examine Fee of Bankrupt's Attorney, 2331.
182. Order for Repayment by Attorney, 2333.

183. Exceptions to Referee's Order, 2334.

184. Petition to review Referee's Order, 2335.

185.

186.

Referee's Certificate on Review, 2338.

Order dismissing Petition to review Referee's Order, 2339. 187. Referee's Certificate of Contempt for Failure to obey summary

Order, 2340.

188. Referee's Certificate on default of Witness, 2341.

189. Referee's Certificate closing Proceeding for Lack of Prosecution,

2343.

190. Referee's Certificate of Disqualification, 2344.

191.

192.

Order substituting new Referee, 2345.

Petition for Appointment of Appraisers, 2346.

193. Petition of Appraisers for Allowance for Services, 2347.
194.

Order declaring and ordering first Dividend and Dividend Sheet,
2348, 2349.

195. Notice of Dividend and Warrant, 2350.

196.

Order that Trustee pay Dividend heretofore declared, 2351. 197. Notice of final Meeting, 2352.

198.

199.

Final Order of Distribution, 2353.

Trustee's combined Dividend Check and Receipt, 2356. 200. Referee's Certificate of Fees payable, 2357.

201. Order fixing Allowance of Bankrupt's Attorney, 2358.

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Form No. 155

NOTICE OF ADJUDICATION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 93.)

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The above entitled proceeding has been referred to me as referee in bankruptcy, and by the order of this court the bankrupt

.required to appear before me at my office, No.

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The sum of $...

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should be then deposited with me as indem

nity for the estimated expenses and disbursements up to discharge,

if unopposed.

Dated,

VOL. III-9

19...

Referee in Bankruptcy.

Form No. 156

ORDER FOR FIRST MEETING OF CREDITORS AFTER THIRTY DAYS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 94.)

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It appearing to me that for the reason that, (namely)

......

....

the first meeting of creditors cannot be held within the time provided by section 55 of the United States Bankruptcy Act, I hereby order that the first meeting of creditors in the above bankruptcy proceedings be held at the office of

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Referee,

, county

A. D. 19..., at ...

......

noon, at which time the

creditors may attend, prove their claims, appoint a trustee, examine the bankrupt and transact such other' business as may properly come before such meeting.

Dated

19...

Referee in Bankruptcy.

Cross-reference. See § 55, Vol. II, ante.

Form No. 158

SHORT FORM OF NOTICE USED IN SOUTHERN DISTRICT OF NEW YORK BY LOCAL RULE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 96.)

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was duly adjudicated bankrupt, on The first meeting of creditors will be held at my .., city of New York, on

19...

office, No.

19..., at ....

M.

....

Creditors may prove claims, appoint a trustee, examine the bankrupt, and transact such other business as may come before said meeting.

Act, Sec. 55.

Referee in Bankruptcy.

General Orders, IV, XII.

Cross-references. See §§ 7 (9), 44, 55, 56, 57, 58.

-

Construction of statute.- In re Back Bay Automobile Co., 19 Am. B. R. 835, 158 Fed. 679.

Who may participate. In re Columbia Iron Works, 14 Am. B. R. 526, 142 Fed. 234.

The adjournment of a meeting of creditors for the purpose of allowing a restatement or perfecting a proof of debt is discretionary with the referee and will not be interfered with except for abuse.

In re Morris, 18 Am. B. R. 828, 154 Fed. 211.

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