Form No. 164 ORDER APPOINTING ATTORNEY FOR TRUSTEE At a Court of Bankruptcy, held in and for the .... Application having been made for the appointment of an attorney for the trustee herein, and it appearing that the services of an attorney are and will be required, and that the appointment hereinafter made is acceptable to such trustee ;73 now, on motion of ..... ..., Esq., It is ordered: That Esq., of the ... of in said district, be, and he hereby is, appointed attorney for the trustee herein," his compensation to be fixed and paid as an expense of administration at the final meeting of creditors. Referee in Bankruptcy. Cross-references.- See generally, § 62, Vol. II, ante. For forms of petition and affidavit therefor, see Forms Nos. 126, 127. Duty to employ counsel. In re McKenna (D. C., N. Y.), 15 Am. B. R. 4, 137 Fed. 611. In re Baber, 9 Am. B. R. 406, 119 Fed. 525. Where attorney represents adverse interests. In re Rusch, 5 Am. B. R. 565, 105 Fed. 607. Right to select his own counsel. In re Columbia Iron Works, 14 Am. B. R. 526, 142 Fed. 234; In re Abram, 4 Am. B. R. 575, 103 Fed. 272. Form No. 165 NOTICE OF DEFECTIVE PROOF OF CLAIM (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 107.) Your statement of claim against the above named bankrupt has been received and is herewith returned for correction. Please see section 57 of the Bankruptcy Act, and Rule XXI of the General Orders in Bankruptcy of the U. S. Supreme Court. The charge allowed by the United States Bankruptcy Act, on filing of claim, is twenty-five cents, to be returned to you out of the assets, if any, which please remit with corrected proof of claim. Yours truly, Cross-reference.- See & 57, Vol. II, ante. Referee in Bankruptcy. Form No. 166 PETITION FOR ORDER AMENDING SCHEDULES (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 108.) In the District Court of the United States for the of IN THE MATTER OF District In Bankruptcy No. ..... Bankrupt. To Esq., Referee in Bankruptcy: Your petitioner respectfully shows: That he was duly adjudicated a bankrupt herein on the day of ... 19..., and that his schedules, as required by § 7 (8) of the bankruptcy law of 1898, have been duly filed herein. That the first meeting of your petitioner's creditors has been called for the 19... 75 .... day of That, at the time your petitioner's schedule of creditors was prepared, by inadvertence,76 the names and the statutory facts concerning the claims of certain creditors were omitted therefrom." That such names and facts are as follows:78 79 That the above mentioned creditors have not been regularly notified of said first meeting of creditors. 80 That, at the time your petitioner's schedule of property was prepared, by inadvertence, a certain interest in property vested in 75. If the meeting has been held, change to fit the facts. 76. Or give any other reason bringing the case within General Order XI. 77. Or state what was the act or omission which makes the amendment necessary. 78. If an amendment of Schedule A is desired, give the name of the creditor, his residence, when and where the debt was contracted, and its consideration and amount, and if secured, etc., with the same particularity required by the appropriate page of Schedule A of Form No. 1. 79. Omit this, if notice has been sent them. 80. Use this paragraph only when the amendment of Schedule B is desired. your petitioner was omitted therefrom, namely: 81 That no previous application has been made for the order hereinafter asked. Wherefore, your petitioner prays for an order amending said schedules in the particulars above specified,82 and that notice be given accordingly. [Add verification as in Form No. 122.] Cross-references.- See § 18, ante. Compare, generally, § 7 and General Order XI. This petition can be adapted to a case where the petition and not the schedules needs amendment. Form No. 167 ORDER TO SHOW CAUSE ON AMENDMENT OF SCHEDULES At a Court of Bankruptcy, held in and for the District of 19... In Bankruptcy No. On reading and filing the petition of .... the bank rupt herein, wherein he prays for an order amending his schedules in certain particulars, now, on motion of ... his attorney, 81. Here give a sufficient description to show all the facts required by the appropriate page of Schedule B of Form No. 1. Esq., 82. If notice has been given, stop here. It is ordered: That the creditors hereinafter named show cause before the under or as soon thereafter as counsel can be heard, why the prayer of said petition should not be granted and why said petitioner's schedules, hereinafter mentioned, should not be amended by adding to Schedule A the names and facts hereinafter set forth: 83 85 84 and by adding to Schedule B ... 86 the following statement of facts as to property: 87 Let service of this order be made by mail, addressed to said persons at their places of residence as above stated, not later than ten days prior to the return day hereof.88 Referee in Bankruptcy. Cross-references.- See § 18, ante. This form fits into Form No. 166. Form No. 168 ORDER AMENDING SCHEDULES At a Court of Bankruptcy, held in and for the Present: at IN THE MATTER OF on the . . . . . . day of District of 19... In Bankruptcy No. Bankrupt. Application having been heretofore made for an order amending previously filed herein and an order to show Schedule 89 ........ 83. Here insert (1), (2), (3), (4), or (5), dependent on the page of Schedule A sought to be amended. 84. See foot-note 77, Form No. 166. 85. See foot-note 80, Form No. 166. 86. Here insert (1), (2), (3), (4), (5), or (6), dependent on the page of Schedule B sought to be amended. 87. See foot-note 81, Form No. 166. 88. If Schedule B only is to be amended, notice should be given the trustee, and this paragraph changed accordingly. 89. Here insert, for instance, "A (3)" or "B (2)," to fit the petition. |