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Form No. 159

AFFIDAVIT OF PUBLICATION OF NOTICE OF FIRST MEETING

(Hagar and Alexander's Bankruptcy Forms [2d Fd.], No. 97.)

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he is proprietor (or principal clerk of the
publisher) of ...
a daily news-
paper printed and published in the City of
and designated for the
publication of notices in bankruptcy in the
County of
in said district:
that the notice hereto annexed was published
in the said
one time, to wit:

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(Hagar and Alexander's Bankruptcy Forms [2 Ed.], No. 98.)

In the District Court of the United States,

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and am more than eighteen years of age; on the

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day of

19... I deposited in the post office in said city of copies of the annexed notice to creditors, each contained in a securely closed envelope, franked by proper notice of official business whenever addressed to a place within the United States, and duly postpaid whenever addressed to a place without the United States, and duly directed respectively to each of the creditors of said bankrupt named in the schedules filed herein, at the respective addresses stated in said schedules, except in the cases, if or any, in which the address of the creditor is stated in said schedules to be unknown, or where the creditor has designated an address other than that stated in said schedules, and in such case to designated address as on file herein.

Subscribed and sworn to before me this ...... day of

A. D. 19...

[Notice Annexed.]

Cross-reference. See § 58, ante. The original notice, the affidavit of publication, and this affidavit should be bundled together before being filed.

Form No. 161

SPECIAL CLAUSES FOR NOTICES TO CREDITORS

1. Where the notice is for a hearing on an application for a discharge of composition (§ 58-a (2)), or the proposed dismissal of the proceedings (§ 58-a (7)), as suggested in Forms Nos. 102, 319, and 353, the order to show cause should be used.

2. Where the notice is for the examination of the bankrupt (§ 58-a (1)), at a meeting called for that purpose, substitute for the words in italics in Form No. 197, the words:

"To attend an examination of the bankrupt."

3. Where the notice is for a proposed sale of property (§ 58-a (4)), substitute in the same place in Form No. 197, the words:

"To consider a proposed sale of the following described property, viz.: 68

and if objection to said sale is not made, or, if objected to, it is ordered, forthwith to attend the sale of such property at auction

68. Here insert description and give appraised value and the incumbrances,

if any.

to the highest bidder, on the following terms:

69

subject to confirmation by the undersigned, at a continuance of such meeting, which, on the conclusion of such sale, will be taken

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4. Where the notice is for the declaration and payment of a dividend (§ 58-a (5)) substitute in the same place in Form No. 197, the words:

"For the purpose of declaring and directing the payment of a dividend of not less than per cent. upon all debts

allowed prior to or on that date."

...

5. Where the notice is of the proposed compromise of a controversy (§ 58-a (6)), substitute in the same place in Form No. 197, the words:

"To pass upon a proposition to compromise a controversy between the trustee herein and

by 71

...

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concerning 70

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6. Where the notice is of a meeting of creditors for any purpose not specifically indicated in § 58-a, substitute in the same place in Form No. 197, the words:

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Cross-references.- Consult, generally, § 58. See also Form No. 197 and the foot-notes thereto.

69. Here insert terms as to down payments, etc.

70. Here indicate the question at issue.

71. Here indicate the proposed compromise.

72. Here describe briefly the purpose of the meeting.

Form No. 162

ORDER APPROVING APPOINTMENT OF TRUSTEE

At a Court of Bankruptcy, held in and for the

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District 19...

IN THE MATTER OF

Bankrupt.

In Bankruptcy No.

....

This being the day appointed for the first meeting of creditors herein, and due notice thereof having been given as provided by the bankruptcy law of 1898, and .... ...... having been appointed trustee herein by a majority vote in number and amount of claims of all the creditors of said bankrupt previously allowed and present at such meeting, and they having fixed the amount of his bond at ; now, on motion of

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It is ordered:

That the appointment of

....

hereby, approved, and that he be and become

Esq., attorney for

be, and the same is trustee herein, on filing

a bond, with sufficient sureties, in $....... as provided in section 50-b of the bankruptcy law of 1898, to be approved by this court.

Referee in Bankruptcy.

Cross-references.- This is a substitute for Forms Nos. 22 and 23. Consult, generally, § 44, as affected by 8 2(17) and General Order XIII. See also §§ 45, 46, 50, 55, and 56.

In case approval is denied, change the recitals and the order, and where a new meeting is necessary, insert the clause calling such meeting and directing the giving of notice.

Form No. 163

NOTICE TO TRUSTEE TO FILE REPORT

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 105.)

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A report prescribed by section 47 of the United States Bankruptcy Act, subdivision 10, has not been filed by you. Kindly file the same on or before

19...

Yours truly,

Referee in Bankruptcy.

See Rule 4 of Instructions to Referees in Southern District of New York.

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