ruptcy Act of 1898, the amendments thereto, and General Order XXVII.

Dated

19...

Petitioner.

[Verification.]

Review of order allowing or disallowing claim.-[See § 63, Vol. II, ante.] Findings of fact of a referee not disturbed except upon convincing proof of

error.

In re Hatem, 20 Am. B. R. 470, 161 Fed. 895.

In re Rider (D. C., N. Y.), 3 Am. B. R. 192, 96 Fed. 811.

In re Douglass and Sons Co. (D. C., Conn.), 8 Am. B. R. 113, 114 Fed. 772.

Form No. 225

PETITION THAT ALL CLAIMS TO SECURITIES, ETC., BE FILED AND

REFERRED

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 170.]

To the Honorable Judge of the District Court of the United States

involuntary bankrupt was filed in the office of the Clerk of the District Court of the United States for the ..

of

District

2. That thereupon, your petitioner was duly appointed temporary receiver of the goods, assets and effects of said bankrupt, and duly qualified as such by filing a bond, as required by this court, which

was duly approved, and he thereupon entered upon the performance of his duties and has continued to perform the same.

.19...,

3. That thereafter, such proceedings were duly had that an order of adjudication was made and entered herein on and the proceedings herein were duly referred to Esq., one of the referees in bankruptcy.

4. [That thereafter, such further proceedings were duly had before said Esq., that your petitioner herein was duly appointed trustee in bankruptcy herein, and duly qualified as such by filing his bond with said referee, which was thereupon duly approved, and he thereupon entered upon the performance of his duties as such trustee, and has continued to perform the same.] 5. That subsequent to about

19..., to-wit; on or .., 19..., your petitioner received certain stocks, bonds, securities and other assets from the firm of .... and that since

19..., your petitioner has likewise. received from other sources various stocks, bonds, securities and other assets, against which claims are made.

6. That your petitioner believes that it will be inadvisable and improper to sell and distribute such stocks, bonds, securities and other assets so received by him since

19..., until all

rights in and to the same shall have been ascertained and determined. 7. Your petitioner therefore asks that the annexed order to show cause may be granted.

8. No previous application for the annexed order to show cause has been made to any court or judge, and the reason the same is now asked for is, that it is desired to have the court determine this matter at the earliest possible date, and that this court should determine the method of service hereof, and your petitioner suggests that service may be made by publication of the annexed order to show cause, for the following reasons:

(a) The bankrupt herein has creditors, as appears by his schedules herein, in excess of in number.

....

(b) The said creditors are located in many other states of the United States, and service other than by publication is impracticable. (c) Your petitioner also suggests that as a preliminary measure, this petition and the order to show cause be served on all known creditors.

Wherefore, your petitioner prays for an order to show cause:

1. Directing creditors of the above named bankrupt and all persons, firms and corporations, interested herein, to show cause before this court why an order should be made herein directing said persons, firms and corporations to file their claims against said stocks, bonds,

securities and other assets, or the proceeds thereof, received by the petitioner herein from the firm of

source, subsequent to

or from any

19..., if any such claim they

have, on or before a day to be fixed by this court.

2. Directing that the said claims so made, if any, be referred to Esq., the referee herein, for hearing, testimony

and report.

3. Directing that any and all creditors, persons, firms and corporations, claiming such stocks, bonds, securities and other assets, or the proceeds thereof, who shall not file claims as aforesaid, be forever barred from making or claiming any such title or ownership to the said stocks, bonds, securities and other assets, or the proceeds thereof, and why the petitioner herein should not have such other and further relief as to the court may seem just and proper.

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 171.)

In the District Court of the United States,

Upon reading the annexed petition of....

of the above-named alleged bankrupts, verified

receiver

19..., and all the papers and proceedings had and taken herein, and

cn motion of

...., attorneys for the petitioner, it is

Ordered, that ail of the creditors of the above-named alleged bankrupts, and all other persons, firms and corporations either claiming specific stocks, bonds, securities, sums of money or other assets, or the proceeds thereof, or asserting any alleged preferential claim against the general assets of the estate herein, which are or may be in possession, custody or control of the petitioner herein are hereby required to show cause before me or any one of the Judges of this Court, at a stated term of said Court, to be held in room No.

at

on

...

19..., at .... o'clock in the forenoon, or as soon thereafter as counsel can be heard, why an order should not be made and entered herein directing said creditors, persons, firms or corporations to file within such time as the Court may direct, verified statements of any and all claims which they or any of them may have against specific stocks, bonds, securities, sums of money or other assets, or the proceeds thereof, and of any and all preferential claims which they may have against the general assets of the estate herein, such claims to be filed with a Special Master to be appointed for such purpose, and why the claims so filed, if any, should not be referred to said Special Master for hearing testimony and report, and why in default of the filing and proving such claims at a time. and place, and in a manner in which this Court may direct, said creditors, persons, firms or corporations, and any and all of them, should not be forever barred, foreclosed and enjoined from making and asserting any such claim or claims, and sufficient reason for appearing therefor, it is

Ordered, that service of this order, together with the petition upon which it is granted, be made upon each of the creditors or other persons interested herein, whether or not such persons have appeared herein by attorney, or have instituted reclamation or other proceedings against the receiver herein, by mailing a copy to each of them at their respective addresses, as the same may appear upon the books and records of the alleged bankrupts herein, and by publishing a copy of this order in The ... once a week for two

successive weeks, which shall be and hereby is declared to be sufficient service, thereof.

In the event of the addresses and residences of any of the creditors of any of the alleged bankrupts herein, or of any of the persons, firms or corporations above mentioned are unknown to the receiver herein, and do not appear on the books or records of the alleged bankrupts, sufficient service of this order to show cause, together with the petition upon which it is granted, shall be made as to them, by mailing

in the same manner and within the time above specified, to them a copy thereof to such address as the alleged bankrupts herein shall furnish to said receiver.

And it is further ordered, that the receiver herein may apply at the foot of this order for such other or further relief in the premises as may be necessary or proper.

Dated

19...

U. S. District Judge.

Form No. 227

"OMNIBUS" ORDER DIRECTING THAT CLAIMS TO SECURITIES, ETC., BE FILED AND REFERRED

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 172.)

At a stated term of the District Court of the United States for the

requiring creditors of the above named bankrupt and all other persons, firms or corporations, claiming stocks, bonds, securities and other assets, or the proceeds thereof, in the possession, custody or control of the receiver (or trustee) herein, to show cause why they should not file their claims against the said stocks, bonds, securities and other assets, or the proceeds thereof, etc., and the same having duly come on for argument, now,

On reading and filing the said order to show cause, dated ... 19..., the petition of

receiver (or trustee) herein verified