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Ninth Nat. Bank v. Moses, 11 Am. B. R. 722, 39 Misc. (N. Y.) 664, 80 N. Y.

Supp. 617.

Blick v. Nimmo (Md. Ct. of App.), 30 Am. B. R. 770.

May intervene in action to foreclose mortgage.

In re Porter & Bros., 6 Am. B. R. 259, 109 Fed. 111.

Kessler v. Herklotz (N. Y. App. Div.), 22 Am. B. R. 257, 132 App. Div. (N. Y.)

278.

Trustee cannot be substituted in libel suit brought by bankrupt prior to his adjudication.

Epstein v. Handverker, 26 Am. B. R. 712.

A trustee may take advantage of failure to file a chattel mortgage.

In re Metropolitan Store v. Saloon Fixture Co. (D. C., N. Y.), 15 Am. B. R. 119.

Substitution as plaintiff.

Consent of Federal court should be first obtained and affirmatively shown.

. Hahlo et al. and Burrit as trustee v. Cole (N. Y. App. Div.), 15 Am. B. R. 591, 112 App. Div. (N. Y.) 636.

Patten v. Carley (N. Y. App. Div.), 8 Am. B. R. 482, 69 App. Div. (N. Y.)

423.

In re Howard, 12 Am. B. R. 462, 130 Fed. 1004.

Colgan v. Finck, 30 Am. B. R. 535, 159 App. Div. (N. Y.) 57.

Continuation of suit by trustee; liability for costs.

Malloch v. Adams, 28 Am. B. R. 916, 199 Fed. 542.

Form No. 247

ORDER AUTHORIZING TRUSTEE TO ABANDON LEGAL PROCEEDINGS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 192.)

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Upon all the papers and proceedings had in the above entitled matter, the petition of

day of

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trustee, verified the .....

19..., the notice to creditors, dated

....

19..., and proof of due mailing of said notice; and a meeting of creditors having been duly held at the office of referee herein, on the ........ day of

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19..., and said

creditors having voted at said meeting that

as

trustee be authorized to abandon all legal proceedings and litigation heretofore commenced by him, relative to the recovery of ....

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(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 193.)

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A meeting of creditors having been held at the office of the referee on the ....

day of ....

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19..., and the trustee of the éstate of the above named bankrupt having appeared at said meeting and stated to the said creditors that he had received as such trustee the sum of $.... in full satisfaction of the claim of the bank

rupt against

reason of the following:

of the city of

by

and the said trustee having asked that his said acts be ratified by the creditors at said meeting, and the said creditors having voted to ratify his said acts, it is

Ordered, that the acts and proceedings hereinbefore stated to have been taken by the trustee herein, be and the same hereby are in all respects ratified and confirmed.

Dated,

19....

Referee in Bankruptcy.

Form No. 249

PETITION FOR REMOVAL OF TRUSTEE AND ORDER TO SHOW CAUSE

THEREON

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 194.)

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The petition of

District of...

.., a creditor of said bankrupt, whose claim has been filed and allowed herein, respectfully represents that it is for the interest of the estate of said bankrupt that ...

heretofore appointed trustee of said bankrupt's estate, should be removed from his trust, for the causes following, to wit: [Here set forth the particular cause or causes for which such removal is requested.]

Wherefore,

said ...

...

prays that notice be served upon trustee as aforesaid, to show cause, at such

time as may be fixed by the court, why an order should not be made removing him from said trust.

(Verification.)

Petitioner.

Cross-references.-See §§ 2, 44, and 46; General Orders XIII; XVIII.

Form No. 250

RESIGNATION OF TRUSTEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 196.)

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I hereby tender my resignation as trustee of the estate of

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bankrup., and request that same be accepted. I herewith

file my report and account as trustee.

Dated

19...

Respectfully yours,

Cross-references.-See 88 44 and 46, ante.

Compensation when trustee resigns to avoid odium of removal.
In re E. J. Fidler & Son, 23 Am. B. R. 16, 172 Fed. 632.

Effect of on pending suit and proper method of procedure by supplement bill.
Hull v. Burr (Fla. Sup. Ct.), 28 Am. B. R. 837.

Form No. 251

NOTICE OF MEETING TO ELECT NEW TRUSTEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 198.)

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To the creditors of the above named bankrupt:

A vacancy in the office of the trustee herein having been caused by the death of the former trustee

....

notice is hereby

given that a special meeting of creditors will be held at the office of Referee in Bankruptcy,

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street, 19..., at

noon, at which time the creditors

may attend, appoint a new trustee and transact such other business as may properly come before the said meeting.

Cross-reference.-See § 44, Vol. I, ante.

Referee in Bankruptcy.

Street,

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