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Cross-references.-Consult, generally, § 51. See also §§ 40 and 48, as amended by the act of 1903; also General Orders XXIX and XXXV.

Form No. 201

ORDER FIXING ALLOWANCE OF BANKRUPT'S ATTORNEY

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 140.)

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the attorney for the bankrupt herein, having presented his duly verified petition, praying that he be allowed a reasonable amount for services rendered by him to the bankrupt in this proceeding, and that he be repaid certain moneys expended by him, and the trustee herein having received due notice of the application and hearing thereon, now on reading and filing the petition of verified 19..., and after hearing

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in support of said petition, and no one appearing in

opposition thereto, it is, on motion of

the bankrupt herein,

Ordered, that the sum of

hereby allowed to the said

attorney for

Idollars be and the same is

for his services as

attorney for the bankrupt herein and the further sum of dollars for his disbursements incurred for said estate and the trustee is directed to pay said sums out of the funds in his hands belonging to the estate.

Dated

19...

Referee.

Cross-references. See § 62, Vol. II, ante. Also local rules of the various districts in Vol. IV, post.

Compensation of bankrupt's attorney.

For what services compensated.

In re Goldville Mfg. Co., 10 Am. B. R. 552, 123 Fed. 579.

In re Rosenthal, 9 Am. B. R. 626, 120 Fed. 848.

In re Mayer, 4 Am. B. R. 238, 101 Fed. 695.

In re Terrill, 4 Am. B. R. 625, 103 Fed. 781.

In re Anderson, 4 Am. B. R. 640, 103 Fed. 854.

In re Carolina Cooperage Co., 3 Am. B. R. 154, 96 Fed. 950.

In re Payne (D. C., N. Y.), 18 Am. B. R. 192, 151 Fed. 1018.

In re Hitchcock, 17 Am. B R. 664; In re Kross, 3 Am. B. R. 187, 96 Fed. 816. Only one allowance, though members of a bankrupt firm appear by different attorneys.

In re Eschwege & Cohn, 8 Am. B. R. 282.

In re Christianson (D. C., N. Dak.), 23 Am. B. R. 710, 175 Fed. 867.

In re K. L. Wong (D. C., Haw.), 30 Am. B. R. 125.

In re Lane Lumber Co. (Whitla & Nelson v. Boyd), 30 Am. B. R. 749, 206

Fed. 780, affd. 32 Am. B. R. 469, 213 Fed. 587, 130 C. C. A. 167.

No fee for contesting involuntary petition when adjudication follows.

In re Francis Levy Outfitting Co. Ltd., 29 Am. B. R. 8.

See In re Perlhefter and Shatz, 25 Am. B. R. 586.

No allowance for services in resisting proceeding by trustee to compel bankrupt to turn over assets.

In re Felson, 15 Am. B. R. 185, 139 Fed. 275.

In re Stratemeyer, 14 Am. B. R. 120.

What considered in determining compensation.

In re Duran Mercantile Co., 29 Am. B. R. 450, 199 Fed. 961.

Excludes services in connection with discharge.

In re Brundin, 7 Am. B. R. 296, 112 Fed. 306.

In re Averill, 1 N. B. N. 544.

See In re Gillardon, 26 Am. B. R. 103, 187 Fed. 289.

Excludes services to bankrupt on exemptions.

In re Castleberry, 16 Am. B. R. 430, 143 Fed. 1021.

In re Borhman, 34 Am. B. R. 801, 224 Fed. 287.

If attorney has previously received compensation from the bankrupt for the services, no further sum should be allowed.

In re O'Connell, 3 Am. B. R. 422, 98 Fed. 83.

In re Smith, 5 Am. B. R. 559, 108 Fed. 39.

Compare In re Goodwin, 2 N. B. N. Rep. 445.

In re Young (D. C., N. Car.), 16 Am. B. R. 106, 142 Fed. 891.

Not entitled to compensation for services rendered upon questions of allowance of claims.

VOL. III-11

Ohio Valley Bank Co. v. Mack et al. (C. C. A., 6th Cir.), 20 Am. B. R. 40, 163 Fed. 155, 89 C. C. A. 605, affg. 20 Am. B. R. 919.

Allowance in discretion of the court and payments to an attorney valid only so far as subsequently approved by the court.

In re Morris, 11 Am. B. R. 145, 125 Fed. 841.

On confirmation of composition bankrupt must pay his attorney for his services in the matter.

In re Martin (D. C., N. Y.), 18 Am. B. R. 250, 151 Fed. 780.

When confirmation is contested.

In re Fogarty (C. C. A., 8th Cir.), 26 Am. B. R. 568, 187 Fed. 773, 109 C. C. A. 621.

In re Keller (D. C., N. Y.), 31 Am. B. R. 51, 207 Fed. 118.

In re Hammels and Hofman (D. C., N Y.), 31 Am. B. R. 672, 211 Fed. 238. Allowance to bankrupt's attorney for disbursements and filing fee paid by him in voluntary proceedings while involuntary petition is pending.

In re Carpenter (D. C., N. Y.), 25 Am. B. R. 161.

Compare In re Stegar (D. C., Ala.), 7 Am. B. R. 665, 113 Fed. 978.

When transfer of property by bankrupt to attorney for payment of fees and disbursements for services rendered and to be rendered may be upheld by the court reviewing same.

In re Cummins (D. C., N. Y.), 28 Am. B. R. 385, 196 Fed. 224.

[See notes on review of fee paid by bankrupt to attorney under § 60-d, Form No. 182. See costs to bankrupt on dismissal of petition.]

Form No. 202

REFEREE'S CERTIFICATE OF INDEMNITY

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 141.)

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I,

referee in bankruptcy, to whom the above. entitled proceeding has been duly referred, do hereby certify that an order has been made and entered herein discharging the trustee and canceling his bond; that the following is an itemized statement of the sum deposited with me as indemnity herein and of the items

of charges against the same and that there is no balance remaining of said sums in my hands, and that the proceeding is closed.

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In re Elk Valley Coal Mining Co., 32 Am. B. R. 197, 213 Fed. 383.
In re Langford et al. (D. C., Cal.), 35 Am. B. R. 519, 225 Fed. 311

In cases of quasi-composition.

Fielding v. Philips (In re Philips and McEachin) (C. C. A., 5th Cir.), 31 Am. B. R. 542, 210 Fed. 889, 127 C. C. A. 499.

Not entitled to commissions on moneys disbursed by trustee in conducting business of bankrupt.

In re M. F. Rourke Co. (D. C., Tenn.), 31 Am. B. R. 788, 209 Fed. 877.
Bray v. Johnson (C. C. A., 4th Cir.), 21 Am. B. R. 383, 166 Fed 57, 91
C. C. A. 643.

In re C. J. McCubbin Co. (Dist. of Col. Sup. Ct.), 33 Am. B. R. 277.
Commissions out of mortgaged property.

Varney, Referee v. Harlow, Trustee, 31 Am. B. R. 339, 210 Fed. 824, 127 C. C. A. 374.

Pledged property.

In re Meadows et al. (C. C. A., 2d Cir.), 33 Am. B. R. 649, 211 Fed. 948, 128 C. C. A. 446, affg. s. c. 29 Am. B. R. 165, 199 Fed. 304.

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Your petitioner respectfully shows:

That he was adjudicated bankrupt herein on the .....

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day of

19..., and on the same day this proceeding in bankruptcy was duly referred.

That your petitioner has not yet made application for his discharge herein.

That your petitioner has reason to believe that he is liable to arrest upon civil process, other than in the cases specified in section 9-a of the Bankruptcy Act of 1898.

That no previous application has been made to this or any other court for the order hereinafter asked.

Wherefore, your petitioner prays for an order of protection from arrest, as provided in said section 9-a and General Order XII (1). Dated

19...

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Petitioner.

[Verification as in Form No. 122.]

Cross-references. Rarely used. See, generally, § 9-a. Consult also General Order XII (1). The application generally takes the form of a petition for an injunction against further proceedings in a suit, on the theory that a body execution is a step in a suit. See Forms Nos. 309-313.

In re Marcus (C. C. A., 1st Cir.), 5 Am. B. R. 365, 105 Fed. 907, 45 C. C. A. 115.

Form No. 204
ORDER OF PROTECTION

At a Court of Bankruptcy, held in and for the

....

of Present:

at

this
Esq., Referee.

day of

District 19...

IN THE MATTER OF

Bankrupt.

In Bankruptcy No.

The above named bankrupt having, on the ......

.... day of

19..., applied for an order of protection, and it appearing that one year has not yet elapsed since the date of his adjudication, viz., the .. day of 19..., and that he has not yet been discharged herein, now, on motion of Esq., attorney for said bankrupt,

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