Form No. 189 REFEREE'S CERTIFICATE CLOSING PROCEEDING FOR LACK OF PROSECUTION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 129.) I, .... District Judge: ...... the referee in bankruptcy in charge of this matter, do hereby certify and report that the order of adjudication and reference in this proceeding, was made on the ....... day of 19... That no indemnity has been deposited herein nor any proceedings taken by the petitioning creditors to bring on the first meeting, though notified so to do. That after waiting months and no further proceedings being taken, I made an order dated 19..., requiring creditors and the bankrupt to show cause before me on 19..., why this proceeding should not be dismissed, that said order having been duly served on the respective attorneys for the bankrupt, and the petitioning creditors and by mail to all creditors and no one having appeared on the return day of said order to show cause, I hereby certify that this proceeding be dismissed for lack of prosecution and I hereby return herewith to the clerk of this court all the papers filed in my office in this proceeding. Dated 19... See amendment 1910, § 59-g, as to notice. Referee in Bankruptcy. Form No. 190 REFEREE'S CERTIFICATE OF DISQUALIFICATION In the District Court of the United States for the .... of IN THE MATTER OF District In Bankruptcy No. Bankrupt. To the Honorable ... I, District Judge: one of the referees in bankruptcy of your court, do hereby certify that I am disqualified to act as such in the above entitled proceeding, for the following reasons:* 3 I do, therefore, return the papers transmitted to me by the clerk. Cross-references.- For general disqualification, see § 35; for what referees may not do, § 39-b; for reference of case after adjudication, see § 22. 3. Or the disqualification may exist as to a portion of the proceeding, as in a contest on a certain claim. 4. Here insert reasons, as relationship, relation of attorney and client with bankrupt, or any other reason (see § 22). Form No. 191 ORDER SUBSTITUTING NEW REFEREE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 131.) United States District Court, District of IN THE MATTER OF In Bankruptcy No. Bankrupt. On reading and filing the annexed certificate, and it appearing therefrom that ... the referee, heretofore appointed in the above proceeding, is disqualified by reason of his interest from acting therein, .... It is ordered, that the said proceeding be referred to Esq., referee in bankruptcy, to act as referee therein in without prejudice the place and stead of the said .... to any action heretofore taken therein. Dated 19... Cross-references.- See §§ 35 and 39, ante. D. J. Bray v. Cobb, 1 Am. B. R. 153, 91 Fed. 102. In re Gardner, 4 Am. B. R. 420 and note, 103 Fed. 922. Does not require consent of respondent. Bray v. Cobb (supra). Referee not disqualified when the only interest he has in the matter submitted to him is the compensation he may receive by way of fees. In re Strobel (D. C., N. Y.), 19 Am. B. R. 109, 155 Fed. 692. In re Abbey Press, 13 Am. B. R. 11, 134 Fed. 51. The judge may, for the convenience of the parties or for cause, transfer a case from one referee to another within the district in which the proceeding is pending. No jurisdiction to refer a case to a referee appointed and residing in another district. In re Schenectady Engineering & Construction Co., 17 Am. B. R. 279, 147 Fed. 868. Removal of referee. Birch v. Steele, 21 Am. B. R. 539, 165 Fed. 577. In re Steele, 20 Am. B. R. 446, 161 Fed. 886. Ex parte Steele, 20 Am. B. R. 575, 162 Fed 694. Form No. 192 PETITION FOR APPOINTMENT OF APPRAISERS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 132.) 1. That he is the trustee herein duly qualified and acting. 2. That as such trustee the following assets have come into his hands and remain unsold: 3. That petitioner desires to offer same at public sale pursuant to the rules of this Court. 4. That no appraisal of such property has been made. Wherefore, petitioner prays that three disinterested persons be appointed by this Court to appraise such property and file their report therein with all convenient speed. [Verification.] Cross-references.- See § 70, Vol. II, ante. Petitioner. Form No. 193 PETITION OF APPRAISERS FOR ALLOWANCE FOR SERVICES United States District Court, District of day of : and 19..., by order of Esq., your petitioners were duly appointed appraisers herein. That said appraisers met at the office of duly qualified and entered upon the performance of their duties. ...... That the property belonging to the bankrupt estate consisted of [Here set forth property] That it was necessary for the appraisers to inventory and inspect all of said property. That the total value of said property, as found by the appraisers and embodied in the appraisers' report on file in this proceeding, was the sum of $..... That the appraisers were engaged in making said appraisal and in preparation of their report for substantial portions of ........ days. That said appraisal, etc.: [Here set forth any particular facts as to difficulty, except knowledge, etc.] .... That your petitioners have received no compensation for their services as appraisers of this estate, and consider their said services to be reasonably worth the sum of $........ each. That your petitioners are informed and verily believe that the trustee herein has in his hands sufficient funds to pay such allowance as may be made herein. |