Bankrupt may not waive after filing of the petition to the prejudice of trustee. In re George Zorn & Co. (supra). Where an order of referee sustains objection to claim upon prima facie case of claimant and the District Court reverses order and "allows claim as filed," the latter order is erroneous in that the matter should be sent back to referee to allow trustee to offer testimony in opposition to claim. In re John H. Livingston Co. (C. C. A., 2d Cir.), 16 Am. B. R. 385, 144 Fed. 971, 75 C. C. A. 282, Reconsideration of claim after surrender of preference. In re Hamilton Automobile Co. (C. C. A., 7th Cir.), 31 Am. B. R. 205, 209 Fed. 596, 126 C. C. A. 418. No attorney's docket fee for hearing before referee on determination of claim. Peck v. Richter (C. C. A., 8th Cir.), 33 Am. B. R. 11, 217 Fed. 880, 133 C. C. A. 590. Form No. 215 ORDER FOR RE-EXAMINATION OF CLAIM (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 161.) trustee herein, duly verified, praying for a re-examination of the claim of . . . . . .... it is Ordered that such re-examination be had and it is further ordered that the hearing on such re-examination be fixed for the ....... day of 19..., at ...... o'clock in the noon, at Cross-references.- See 8 57, Vol. II, ante. Referee in Bankruptcy. herein,22 has filed a petition duly verified asking that your claim against the above named bankrupt, be re-examined, rejected and expunged (or reduced) for the following reasons: and that pursuant to order for such re-examination a hearing will be had on such petition at my office, No. city of Dated ... in said district on the 19..., at ...... o'clock.... M. street in the ... day of 19... Referee in Bankruptcy. Cross-references.-Consult, generally, § 57. See, for practice, General Order XXI (6). If claim is rejected, the proper order is suggested by Form No. 39; if merely reduced, by Form No. 38. Copy. It may be suggested that a copy of the petition should be mailed with this notice. 22. If made by a creditor, change to fit the fact. Form No. 217 NOTICE BY ORDER TO SHOW CAUSE. (SUBSTITUTE FOR FORM NO. 162.) (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 163.) of On reading and filing the petition of the trustee ... day of the estate of the above named bankrupt, verified the Ordered, that an alleged creditor of the estate of the above named bankrupt, show cause before me at my office, No. street, city of ... o'clock on the ... .... day of ... M. why the proof of claim heretofore filed by said alleged creditor in my office, be not re-examined, rejected and expunged (or reduced) for the reasons stated in said petition as follows: And it is further ordered, that service of the said petition and of this order (by mailing copies of the same to the said alleged creditor at his address), on or before the .... 19..., shall be sufficient. day of Dated 19... Referee in Bankruptcy. Form No. 218 ORDER EXPUNGING OR REDUCING PROOF OF DEBT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 164.) .... 19..., and due The trustee of the estate of the above named bankrupt having filed in the office of the referee a duly verified petition praying that the proof of debt heretofore filed herein by an alleged creditor for $........ be re-examined, rejected and expunged (or reduced), and an order having been made herein that a hearing be had thereon on the ........ day of ... notice of said hearing having been given to said claimant, and to the said trustee, and the said claimant having appeared by counsel on said day, and the evidence submitted (or testimony having been taken thereon), now on reading and filing the trustee's said petition and upon all the proceedings had herein and after hearing Esq., attorney for the said trustee, in support of said petition and Esq., in opposition thereto, it is Ordered, that the prayer of said petition be and the same is hereby granted, and it is further Ordered, that said claim of ... ... be and it hereby is rejected, disallowed and expunged from the list of claims upon the record in this case, (or that said claim of .......... .. be and it hereby is reduced to $........ and allowed at said amount upon the list of claims herein). principal, The above named bondholders and the trustee therefor having filed in the office of the referee a proof of claim against the estate of the above named bankrupt, as a secured claim, secured by a mortgage on the property of the bankrupt in the sum of $..... besides interest at the rate of 5 per cent. per annum from ; the alleged indebtedness being claimed as the unpaid now standing ......... purchase price of the property of the in the name of the bankrupt; and the evidence of said claimed indebtedness being said bonds of the bankrupt held by the above named bondholders secured by a trust mortgage; and said claim, bonds, and mortgage having been objected to by the trustee in bankruptcy, and the objections having come on for hearing before me, and testimony having been offered in behalf of said bondholders and the trustee therefor in support of said claim, and by the trustee in bankruptcy in opposition thereto; and due deliberation having been had, and after hearing .. and ... Esqs., attorneys for said bondholders and the trustee therefor, in support of said claim and mortgage, and ... and Esqs., attorneys for the trustee in bankruptcy, in opposition thereto; it is ordered that the said claim and mortgage be, and the same are hereby, disallowed and the objections thereto sustained, and the several claims of each of the said bondholders and the trustee therefor are disallowed and the objections thereto sustained. Referee in Bankruptcy. |