Form No. 238 TRUSTEE'S DEED OF REAL PROPERTY (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 183.) same place, party of the second part, Witnesseth: a bankrupt, of the and State of of the That whereas, a petition in involuntary bankruptcy was filed in the District Court of the United States for the District of trustee of the estate of the said bankrupt on the ...... ... 19.., day of 19..., and thereafter duly qualified, and has continued to act and is now acting as such trustee; and Whereas, the said the estate of .... as trustee in bankruptcy of bankrupt, was duly authorized (after notice. to the mortgage bondholders, lienors and creditors,) by an order of 19... to sell and convey the property hereinafter men tioned (at public auction, free and clear of liens except taxes,) and having thereafter been confirmed by an order of 19..., (and the said sale day of..... as bankrupt, by virtue Now, therefore, know ye, that I, the said trustee in bankruptcy of of the power and authority in me vested, as aforesaid, and in consideration of the sum of .... to me in hand paid by the said second part, the receipt whereof is hereby acknowledged, do hereby give grant, bargain sell and convey unto the said ..... his heirs and assigns forever, All those certain tracts or parcels of land, with the buildings thereon standing, situated in the town of and bounded and described as follows to wit: [or, all my right, title and interest in and to the following described property:] [Insert description.] Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issue and profits thereof, to have and to hold the said above granted premises with the appurtenances thereof, unto the said party of the second part, his heirs and assigns forever, to his or their own proper use and behoof as fully and absolutely as the said party of the first part can and ought to do pursuant to the Statute and his authority as aforesaid, In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: [Acknowledgment.] Cross-reference.-See § 70, Vol. I, ante. As Trustee in Bankruptcy, etc. Form No. 239 TRUSTEE'S AFFIDAVIT TO CORRECT ASSESSMENT FOR PERSONAL TAXES AGAINST ESTATE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 184.) being duly sworn, deposes and says: 1. That he is the trustee in bankruptcy of (a corporation organized and existing under and by virtue of the laws of the State of ..... ..). That on or about the ...... day of ... 19..., the said (corporation of) ....... was duly adjudged a bankrupt in the District Court of the United States for the .. District of and there after ceased to carry on business. 2. That deponent duly qualified as trustee herein on the amount of his (its) liabilities greatly exceeded his (its) assets, and had no taxable property. That in view of the above facts, deponent would respectfully pray that the assessment of the above named (corporation of) .... for personal taxes for the year 19..., of $...... be vacated and cancelled upon the tax books or assessment rolls. ..... ORDER REQUIRING TRUSTEE TO ADOPT OR REJECT LEASE At a Stated Term of the United States at the Court of On reading and filing the notice of motion herein, and the petition thereto annexed verified the lease thereto annexed and therein referred to, and after hearing counsel for petitioner in support of said motion and counsel for trustee in opposition thereto, it is Ordered, that the trustee herein be and he is hereby, ordered and directed to serve upon the attorney for the petitioner herein, a duly acknowledged acceptance or rejection of said lease on or before and it is Further ordered, that such acceptance or rejection be without prejudice to the rights of the petitioner against the trustee either individually or as such officer of the estate herein, and without prejudice to the defenses or claims in opposition thereto of such trustee. Dated 19... U. S. D. J. Form No. 241 NOTICE OF ADOPTION OF LEASE BY TRUSTEE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 186.) You will please take notice that the undersigned trustee in bankruptcy of the above named bankrupt, does hereby elect to adopt the lease of premises No. formerly occupied by the bankrupt herein, said lease bearing date the ........ day of ... ...street, city of .. ..... 19..., between as lessor, party of the first part, and .... and as lessee, party of 19..., the date of the expiration of said lease, at the rentals reserved in said lease. Dated 19... Trustee in Bankruptcy of Liability of trustee on leases. A trustee liable upon quantum meruit for use and occupation of premises leased by the bankrupt. In re Grignard Lithographic Co. (D. C., N. Y.). 19 Am. B. R. 101, 155 Fed. 699. Trustee not bound to assume. In re Sterne & Levi (D. C., Tex.), 26 Am. B. R. 535. In re Scruggs, 31 Am. B. R. 94, 205 Fed. 673. Assumption or rejection of lease. Watson v. Merrill (C. C. A., 8th Cir.), 14 Am. B. R. 453, 136 Fed. 359, 69 C. C. A. 185. In re Frazin & Oppenheim (C. C. A., 2nd Cir.), 24 Am. B. R. 903, 183 Fed. 28, 105 C. C. A. 320, rev'g 23 Am. B. R. 289, 174 Fed. 713. In re Rubel (D. C., Wis.), 21 Am. B. R. 566, 166 Fed. 131. Assumption of Contract by trustee. Atchison, T. and S. F. R. R. Co. v. Hurley (C. C. A., 8th Cir.), 18 Am. B. R. 396, 153 Fed. 503, 82 C. C. A., 453, aff'd (U. S. Sup.), 213 U. S. 126, 53 L. Ed. 729. Form No. 242 PETITION FOR LEAVE BY TRUSTEE TO SUE. (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 187.) 1. That your petitioner is the trustee in bankruptcy herein, duly qualified and acting. 2. That among the assets coming into the hands of your petitioner as trustee was a certain contract dated .... 19..., with That, as your petitioner is informed and verily believes, at the time of the adjudication herein, the bankrupt had entered upon the performance of said contract and completed the same. |