cause having been granted thereon on the ....... day of 19..., and proof of mailing said order, as provided therein, now being made, and

90

now, on motion of

rupt,

It is ordered:

Esq., attorney for said bank

91

That Schedule A () herein be amended by adding thereto, in the proper columns, the following facts:92

That 93 Schedule B () be amended by adding thereto the following words:94

Referee in Bankruptcy.

Cross-references.- Compare Forms Nos. 166 and 167. See also, generally, §§ 7 and 18, ante, and General Order XI.

This order should be in triplicate, one for the clerk, one for the trustee, and one for the referee.

Imperfect claim for exemptions in schedule may be amended but amendment must relate to conditions existing at time the imperfect claim was formulated. Matter of Crum (D. C., Ohio), 34 Am. B. R. 586, 221 Fed. 729.

90. Recite whether there was appearance in opposition, and if so by what creditor or the trustee, and by what attorney represented.

91. See foot-note 89.

92. Indicate the columns on the appropriate page of Schedule A by numeral as if in Schedule A (3) thus:

"(1) page 25, (2) John Smith, (3) 650 Broadway, New York, (4) New York, (5) Merchandise, (6) $5,203.69."

93. Use only if Schedule B is to be amended.

94. See foot-note 92 and indicate columns of appropriate page of Schedule B, as these indicated.

Form No. 169

AFFIDAVIT OF BANKRUPT AS TO EXEMPTIONS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 110.)

being duly sworn deposes and says:

1. That he is the bankrupt herein and was duly adjudicated in this court on the ....

day of ....

19...

2. That deponent filed his duly verified schedules herein on the 19..., and in schedule B (5)

.. day of

...

.....

set forth the property to which he deems himself entitled by way of exemptions according to the law of the State of

....

3. That deponent has had his domicile in said State for the greater portion of six months immediately preceding the filing of his petition in bankruptcy herein.

4. That said property is of the value of estimated as follows:

dollars

5. That said property should be set off to deponent as exempt property.

Sworn to before me this

day of

...

Cross-references.- See §§ 6 and 47, Vols. I and II, ante.

19...

Form No. 170

ORDER ALLOWING EXEMPTIONS WHEN NO TRUSTEE APPOINTED

At a Court of Bankruptcy, held in and for the

...

District 19...

IN THE MATTER OF

Bankrupt.

In Bankruptcy No.

An order having been entered herein dispensing with a trustee, as provided in General Order XV; and it appearing, from the affidavit of the bankrupt filed on this application and Schedule B (5) filed with his petition herein, that he has duly claimed and is entitled to the exemptions hereinafter mentioned; now, on motion of

It is ordered that the said bankrupt's claim to exemptions be determined as follows:

That he is entitled, under

of the laws of the State of

to the following property:95

...

and that the same be delivered to him forthwith.

Referee in Bankruptcy.

232

Cross-references.- Consult, generally, §§ 6 and 47. And see General Order XV and Form No. 27. See also 88 2(11), 38(4). Forms Nos. 171, 231, should also be noted.

95. Here say "that claimed by him in his said Schedule B (5)," or, if

all of same are not set off to him, specify those that are set off,

Form No. 171

PETITION BY BANKRUPT FOR REVIEW OF REFEREE'S ORDER ON

EXEMPTIONS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 112.)

In the District Court of the United States for the

District

Your petitioner respectfully shows:

That he was adjudged a bankrupt herein on the

19..., and that a trustee of his estate was in such

proceeding subsequently appointed.

That such trustee, on the ........ day of filed a report of exempted property herein, and that, on the day of ....

19...,

19..., an order was entered determining your petitioner's claim to exempt property, as stated in such report

That such order was erroneous, for the following reasons:98

96

97

Wherefore, your petitioner, feeling aggrieved because of said order, prays that said trustee's report and the said order be reviewed, as provided in the Bankruptcy Law of 1898 and General Order XXVII. Dated 19...

[Verification as in Form No. 122.]

Bankrupt.

Cross-references.-See §§ 2(11), 6, 7-a (8), 47-a (11), 70-a. General Orders

If granted, for Referee's Certificate on Review, see Form No. 185. See, generally, for practice on reviews, § 39, ante. A creditor can, of course, ask for a review. If so, see Forms Nos. 184 and 185.

The State law where bankrupt has domicile controls.- [See § 6, Vol. I, ante.] In re Tobias, 4 Am. B. R. 555, 103 Fed. 68.

Richardson v. Woodward, 5 Am. B. R. 94, 104 Fed. 873.

In re Anderson, 6 Am. B. R. 555, 110 Fed. 141.

In re Manning, 7 Am. B. R. 571, 112 Fed. 948.

In re Wood, 17 Am. B. R. 931, 147 Fed. 877.

In re Owings (D. C., N. Car.), 15 Am. B. R. 472, 140 Fed. 739.

Smalley v. Laugenour, 13 Am. B. R. 692, 196 U. S. 93, 49 L. Ed. 400.

In re Fisher, 15 Am. B. R. 652, 142 Fed. 205.

In re Lynch, 4 Am. B. R. 262, 101 Fed. 579.

In re Wunder, 13 Am. B. R. 701, 133 Fed. 821.

Duncan v. Ferguson-McKinney Dry Goods Co. (C. C. A., 5th Cir.), 18 Am. B. R. 155, 150 Fed. 269, 80 C. C. A. 157.

In re O'Hara, 20 Am. B. R. 714, 162 Fed. 325.

In re Sullivan (C. C. A., 8th Cir.), 17 Am. B. R. 578, 148 Fed. 815, 78 C. C. A. 505.

In re Downing (D. C., Ky.), 15 Am. B. R. 423, 148 Fed. 120.

In re Andrews and Simonds (D. C., Mich.), 27 Am. B. R. 116, 193 Fed. 776. In re Cheatham, 31 Am. B. R. 520, 210 Fed. 370.

Jurisdiction as to property not capable of being segregated.

Bank of Nez Perce v. Pindel, 28 Am. B. R. 69, 193 Fed. 917, 113 C. C. A. 545. Not the intent of the Bankruptcy Act to enlarge the exemptions available under the State law.

In re Boyd, 10 Am. B. R. 337, 120 Fed. 999.

Nor to cover exoneration from the payment of the fees provided for the court officers.

In re Mason, 25 Am. B. R. 73, 181 Fed. 899.

Construction.- In re Hines, 9 Am. B. R. 27, 117 Fed. 790.

Exemption laws to be liberally construed.

In re Tilden, 1 Am. B. R. 300, 91 Fed. 500.

In re Thedford, 28 Am. B. R. 191.

Duncan v. Ferguson-McKinney Dry Goods Co. (C. C. A., 5th Cir.), 18 Am. B. R. 155, 150 Fed. 269, 80 C. C. A. 157.

Right of bankrupt thereto.

In re Brown, 4 Am. B. R. 46, 100 Fed. 441.

In re Waxelbaum, 4 Am. B. R. 120, 101 Fed. 228.

In re Stephens, 8 Am. B. R. 53, 114 Fed. 192.

In re Hines, 9 Am. B. R. 27, 117 Fed. 790.

In re Bean, 4 Am. B. R. 53, 100 Fed. 262.

In re Renda (D. C., Pa.), 17 Am. B. R. 521, 149 Fed. 614.

Alien claimant.—

In re Kaplan (D. C., Miss.), 24 Am. B. R. 376, 186 Fed. 242.
Determined as of the time of his adjudication.

In re Fletcher, 16 Am. B. R. 491.

In re Rainwater, 25 Am. B. R. 419, 191 Fed. 738.

In re Donahey (D. C., Pa.), 23 Am. B. R. 796, 176 Fed. 458.

Exemptions after discharge out of subsequently discovered assets not allowed.