has been examined under

3. That the said .... section 21-a, in this proceeding, but denies that there is any sum of money coming to the bankrupt herein, on account of said contract. 4. That the creditors herein have requested your petitioner, as trustee, to bring an action against ... for the recovery

of the moneys claimed to be due this estate by reason of said contract, and your petitioner has been advised by his counsel,

that he has a good and valid cause of action against ..

5. That no previous application has been made for the order prayed for herein.

Wherefore, your petitioner prays for an order authorizing and permitting him to bring an action in the

.. Court for the

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 188.)

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

of .....

District

held at the United

Upon reading and filing the annexed petition of.....

trustee herein, duly verified, and upon motion of

attorney for said trustee, it is

VOL. III-13

Ordered, that

as trustee in bankruptcy of the

above named bankrupt, be and he hereby is authorized and permitted to bring an action as such trustee in bankruptcy, in the Court of

county, against

upon the following alleged cause of action:

to recover any moneys which may be due this estate from

...

D. J.

Cross-references.-See 88 23 and 47, ante.

Suits by trustee.—

May maintain suit in State Court without first obtaining an order to do so from court of his appointment.

Traders Ins. Co. v. Mann, 11 Am. B. R. 269, 118 Ga. 381.

Chism, Trustee v. Bank of Friars Point, 5 Am. B. R. 56, 27 So. 610.

In re McCallum, 7 Am. B. R. 596, 113 Fed. 393.

Contra. In re Mersman, 7 Am. B. R. 46.

In re Phelps, 3 Am. B. R. 396.

May maintain suit to set aside fraudulent transfer in district other than the one in which appointed.

Teague v. Anderson Hardware Co., 20 Am. B. R. 424, 161 Fed. 765.

Refusal to bring suit to set aside transfer. Rights and remedies of creditors. Casey v. Baker et al., 32 Am. B. R. 311.

Limitations thereon.

Hull v. Burr (C. C. A., 5th Cir.), 18 Am. B. R. 541, 153 Fed. 945, 83 C. C. A. 61.

Suits against trustee. Leave to sue trustee.

May be sued without first obtaining leave of court.

In re Smith, 9 Am. B. R. 603, 121 Fed. 1014.

When should not be granted.

In re Schermerhorn (C. C. A., 8th Cir.), 16 Am. B. R. 507, 145 Fed. 341, 76 C. C. A. 215.

Duty as to defending suits brought against bankrupt prior to adjudication. In re Kearney Bros., 25 Am. B. R. 757, 184 Fed. 190.

Form No. 244

ORDER OF FEDERAL COURT PERMITTING TRUSTEE TO INTERVENE IN STATE COURT ACTION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 189.)

Upon reading and filing the petition of

....

in Bankruptcy herein, verified the .... day of

........

Trustee

19..., and upon all the proceedings heretofore had herein, and sufficient reason appearing therefor, now upon motion of...

Ordered, that

as Trustee in Bankruptcy of the bankrupt herein, be and he hereby is author

ized and permitted to intervene as a party plaintiff (or defendant)

Form No. 245

AFFIDAVIT OF TRUSTEE TO INTERVENE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 190.)

plaintiff herein.

2. That this action is for

by the plaintiff on or about

the

and was commenced

19...; that an answer

has been filed herein by the defendant, and deponent is informed and verily believes that this action is on the calendar of this court undetermined.

day of

...

.....

19..., the

3. That on the plaintiff herein was duly adjudicated a voluntary bankrupt in the United States District Court for the

.. District of and thereafter at a meeting of plaintiff's creditors duly called and held, deponent was appointed trustee in bankruptcy of said .... and has duly qualified and filed his bond

in the penalty required and is still acting as such trustee.

4. That all of plaintiff's rights in this action are now vested by law in deponent as his said trustee in bankruptcy.

5. That by an order dated .... District Court of the United States for the

....

duly entered in the .... district of

deponent was permitted to apply to intervene as

party plaintiff herein.

6. No previous application has been made for the order asked for herein.

Deponent, therefore, prays that he may intervene and be substituted as party plaintiff in this action in the place of the said and that an order to that effect may be entered.

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 191.)

19..., and it appearing that the consent of the United States District Court for the .. District of has been duly obtained thereto, it is, on motion of Esq.,

Ordered, that

as trustee in bankruptcy of be and he hereby is allowed to intervene herein and he hereby is substituted as party plaintiff in this action in the place and stead of the said....

Intervention by trustee.

Griffin v. Mutual Life Ins. Co. of N. Y., 11 Am. B. R. 622, 119 Ga. 663.

J.