Form No. 252 DEMAND FOR SECURITY FOR COSTS FROM TRUSTEE, PLAINTIFF (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 199.) Please take notice that the plaintiff herein is hereby required forthwith to give security for costs in accordance with the rules and practice of this court on the ground that when this action was commenced, the plaintiff was the, "official assignee or official trustee of a debtor, or an assignee in bankruptcy," in an action brought upon a cause of action claimed by him to have arisen, "before the assignment, the appointment of the trustee, or the adjudication in bankruptcy." Dated, 19... Attorney for Defendant, Form No. 253 ORDER REQUIRING TRUSTEE TO FURNISH SECURITY FOR COSTS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 200.) verified, and the annexed demand, with proof of due service, and on motion of attorney for the defendant herein, and it appearing that this action is brought upon a cause of action arising before the appointment of the trustee and the adjudication in bankruptcy herein, it is Ordered, that the plaintiff within days after service of a copy of this order upon his attorney, pay into court the sum of to be applied to the payment of costs, if any, awarded against him, or in lieu thereof, file with the clerk of this court, an undertaking executed to the defendant by one sufficient surety that such surety will pay to the defendant, upon demand, all costs which may be awarded to him in this action, not to exceed the sum of .... and also within said ........ days to serve upon the attorney for the defendant, a written notice of such payment or of the filing of such undertaking, and it is Further ordered, that all proceedings on the part of the plaintiff herein, except to review or vacate this order, are hereby stayed until the payment of said sum or the filing of such undertaking and notice. thereof, and the allowance of such undertaking, and it is Further ordered, that the time of the defendant to answer, demur, or otherwise move with reference to the complaint herein, be extended days after compliance with the terms of this order. until .... In a suit upon a cause of action which arose prior to adjudication trustee must furnish security for costs upon demand. Joseph v. Raff, 9 Am. B. R. 227, 75 App. Div. (N. Y.) 447, modfg. Joseph v. Markley, Am. B. R. 18, 73 App. Div. (N. Y.) 156. Jordan v. Bridges, 12 Am. B. R. 626, 113 Fed. 107. Cole v. Manson, 42 Misc. (N. Y.) 149, 85 N. Y. Supp. 1011. When a trustee sues to set aside an alleged fraudulent conveyance by the bankrupt, the cause of action is not one, "Arising before the assignment, the appointment of the trustee or the adjudication in bankruptcy" as specified in Civil Practice Act, § 1522 (4). Riker v. Gwynne (N. Y. Supp.), 21 Am. B. R. 95, 129 App. Div. (N. Y.) 112. "A trustee in bankruptcy suing to set aside fraudulent conveyances made by the bankrupt will be required to give security for costs pursuant to § 3268 of the Code of Civil Procedure, (now Civil Practice Act, § 1522) where it appears that more than six months before the adjudication in bankruptcy the creditors in whose behalf the trustee sues had obtained judgment against the bankrupt and the execution thereon had been returned unsatisfied so that a creditor's suit could have been maintained by them." Kiendl as Trustee, etc. v. Dubroff and others (App. Div. 2nd Dept.), 136 App. Div. (N. Y.) 8; citing Kronfeld v. Liebman, 78 App. Div. (N. Y.) 437. Adsit v. Butler, 87 N. Y. 585. Prentiss v. Bowden, 145 N. Y. 342. See also: Rielly v. Rosenberg, 57 App. Div. (N. Y.) 408. Schreier v. Hogan, 70 App Div. (N. Y.) 2, 74 N. Y. Supp. 1051. Thomas v. Roddy, 19 Am. B. R. 873, 122 App. Div. (N. Y.) 851. Form No. 254 ORDER DIRECTING TRUSTEE TO FILE FINAL ACCOUNT (Hagar and Alexander's Bankruptcy Forms [2d Ed.] No. 201.) .... a creditor of the above named bankrupt whose claim has been filed and allowed herein, having made application to this court for an order requiring Esq., the trustee in bankruptcy herein, to file his final account and it appearing that one year has expired since the adjudication herein and no valid reason having been offered why this estate should not be closed, now upon reading and filing the petition of ... verified the day of Ordered that ... 19..., it is trustee of the above named bank rupt file his final account as such trustee in the office of the referee herein on or before the: Dated .... day of 19... 19... Referee in Bankruptcy. That, on the ....... day of ..... 19..., I was appointed trustee herein, immediately qualified by filing the required bond, and have since acted as such. That I have previously filed reports herein under dates of the day of 19... 19..., and the day of That the following is a brief detailed statement of the steps in this proceeding since the date of my last report:12 43 That the said bankrupt's property is now reduced to money," except 44 which property, should be sold at public auction at the time of the final meeting herein. That more than three months 46 has elapsed since the first dividend to creditors was declared, and said estate is now ready to be closed. 42. Here set out briefly the more important steps of the proceeding since the last report, among other things, showing the cash on hand at that time and the total of receipts and disbursements since. 43. If all in the form of cash, stop here. 44. If any property remains unsold, specify it here. 45. Give reasons for a sale, specifying whether there are any offers and the probable value, if any, of such assets. 46. See § 65-b. |