Form No. 233 PETITION BY TRUSTEE TO CONTINUE BUSINESS OF BANKRUPT. (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 178,) above named, and required to file a bond in the penalty of $....... That your petitioner duly qualified as such trustee by filing a bond in the penalty required; that he has continued to act and is now acting as such trustee. 2. That said and his place of business was at.... was engaged in That situated on these premises is a complete outfit for the manufacture of ... consisting of machinery of various kinds and materials to be used for manufacture. (That pursuant to the authority conferred by an order of this court, your petitioner, heretofore as temporary receiver, carried on the business of the bankrupt). That at the time of the appointment of your petitioner as trustee herein, the business of the bankrupt was being conducted in the usual manner, and your petitioner believes that it is for the best interests of the estate that the business be further continued under his direction as trustee. 3. That the bankrupt has offered terms of composition to his creditors and is now engaged in endeavoring to perfect said composition. That your petitioner verily believes that the business of the bankrupt will be greatly injured if the said business were closed at this time, and your petitioner further believes that it would be for the best interests of the bankrupt and the creditors that he be allowed to con tinue the business in the ordinary way for a period of days. Wherefore, your petitioner would respectfully pray that an order be made herein, authorizing and empowering your petitioner to carry on the business of the bankrupt, in his discretion, for a period of days from the date of the said order. [Verification.] Cross-reference.- See § 2, Vol. I, ante. Petitioner. Form No. 234 ORDER AUTHORIZING TRUSTEE TO CONTINUE BUSINESS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 179.) .... the On reading and filing the annexed petition of trustee of the estate of the above named bankrupt, verified 19..., and it appearing to be for the best interests of this estate and there being no opposition thereto, and on motion of ...., attorney for the said trustee, it is Ordered, that the said trustee, be and he is hereby authorized, in his discretion, to continue and conduct the business of the said bankrupt, for a period of from the date of this order. days Dated 19... Referee in Bankruptcy. Cross-reference.- See § 2, Vol. I, ante. As to liability of trustee for injuries to property of another while conducting bankrupt's business without an order of the court. McCauley v. Jackson (N. Y. App. Div.), 31 Am. B. R. 371, 165 App. Div. (N. Y.) 846, 151 N. Y. Supp. 120. Form No. 235 PETITION FOR INSTRUCTION AS TO BURDENSOME PROPERTY In the District Court of the United States for the .... .. District of IN THE MATTER OF In Bankruptcy No. Bankrupt. To ..... ...... Esq., Referee in Bankruptcy: Your petitioner respectfully shows: That he is the trustee herein. That a portion of such bankrupt's estate consists of the following property: .... That your petitioner has investigated the value of such property and finds the same to be worthless," for the following reasons:... That it will be for the benefit of said estate that your petitioner be instructed to disclaim title to such property and to refuse to take the same into his possession. 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 permitting him to disclaim title to such property and to refuse to take the same into his possession. Cross-references.-See § 70. See also Forms Nos. 42, 43, 44, 45, and 46. 41. Or, if actually burdensome to the bankrupt's estate, state that fact. Form No. 236 ORDER ON PETITION AS TO BURDENSOME PROPERTY At a Court of Bankruptcy, held in and for the District 19... In Bankruptcy No. Application having been made for an order permitting the trustee herein to disclaim title to certain worthless (burdensome) property, and to refuse to take the same into his possession, and it appearing that such order should be granted; now, on motion of Esq., attorney for .... It is ordered: That .... the trustee herein, be, and he hereby is, directed to disclaim title to the following described property, and to refuse to take the same into his possession, viz.:.. Referee in Bankruptcy. Cross-references.-See § 70, ante, and Form No. 235. Burdensome property. [See § 70, Vol. I, ante.] Trustee not bound to take property which may involye him in litigation. In re Cogley, 5 Am. B. R. 731, 107 Fed. 73. In re Scheerman, 2 N. B. N. Rep. 118. May abandon claim where result is doubtful. In re Harper (D. C. N. Y.), 23 Am. B. R. 918, 175 Fed. 412. Property mortgaged beyond value. Equitable Loan & Security Co. v. Moss & Co. (C. C. A., 5th Cir.), 11 Am. B. R. I. 111, 125 Fed. 609, 60 C. C. A. 345. In re Zehner, 27 Am. B. R. 536, 193 Fed. 787. In re Jersey Island Packing Co. (C. C A., 9th Cir.), 14 Am. B. R. 689, 138 Fed. 625; 71 C. C. A. 75. What not an abandonment. In re Wiseman and Wallace, 20 Am. B. R. 293. Has no application to concealed property. First Nat. Bank v. Lasater (U. S. Sup.), 13 Am. B. R. 698, 196 U. S. 115, 49 L. Ed. 408. Effect of order is to revest title in bankrupt. Sessions v. Romadka, 145 U. S. 29, 36 L. Ed. 609. Form No. 237 TRUSTEE'S BILL OF SALE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 182.) Know all men by these presents: That I, of .... ..... ...... as trustee in bankruptcy of .. of the City of .... party of the first part, for and in consideration of the sum .. dollars lawful money of the United States, to me in hand paid, at or before the ensealing and delivery of these presents by ..... party of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his executors, administrators and assigns, all my right, title and interest in and to all the personal property, consisting of of bankrupt, situated at County of as contained in Schedule "A" hereto annexed, (sub ject to all existing liens and encumbrances thereon.) To have and to hold the same unto the said party of the second part, his executors, administrators and assigns forever. In witness whereof, I have hereunto set my hand and seal the ... day of hundred and ... Signed, Sealed and Delivered in the Presence of: in the year one thousand nine As Trustee in bankruptcy of ..... Schedule "A" of foregoing Bill of Sale: [Acknowledgment.] |