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That annexed hereto is my final account, duly verified.""

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I,

City of

the trustee herein, do hereby make solemn oath that the statements of fact contained in the foregoing report are true, according to the best of my knowledge, information, and belief; also that the account thereto annexed is true, and contains entries of every sum of money received by me as such trustee, and that the payments in such account stated to have been made by me have been so made.

Subscribed and sworn to before me, this

19...

day of

This form is merely a suggestion. It is impossible to give more than a skeleton of a report which must vary widely with each case. Consult, generally, § 47, and General Order XVII. This report must be on file fifteen days before a meeting can be held. Compare also Form No. 198, and see Form No. 230. For the account, see Form No. 49. If there are no assets, Form No. 58 should be used.

47. See § 47-a (8) and Form No. 49. 48. Arrange with breaks and balances corresponding to the different dividend

periods, so as to permit the making of the summary statement at the end of Form No. 162.

Form No. 256

EXCEPTIONS TO TRUSTEE'S ACCOUNT

(Hagar and Alexanders' Bankrupty Forms [2d Ed.], No. 204.)

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entitled estate appearing by

a creditor and person interested in the above his attorney, hereby excepts to the trustee's account filed herein in the following particulars:

I. He excepts to the following items of expenditure as unnecessary, unwarranted and unlawful, viz.:

and asks that the said trustee be surcharged therewith.

II. He excepts to said account on the ground that the trustee has failed to account for the following assets belonging to this estate:

III. He excepts to said account on the ground that the said trustee has wasted and negligently lost the following assets belonging to this estate:

....

IV. (Set forth specifically any other objections.) Wherefore, respectfully asks that the said account be not allowed; that the trustee be not discharged until he has accounted for the matters above set forth.

Dated ..

[Verification.]

19...

Creditor.

Cross-references.-See Secs. 2, (5), 51, (2). General Order XXXV., (3). See, Rule XXII, So. Dist. of N. Y. and 8 of Instructions to Referees.

Compensation of trustee. Secs. 48-(a), (b), (c), (e), 72.

Commissions on "All monies disbursed," or turned over to any person, including lien holders.

Basis for determination.

In re J. M. Fiske & Co. (D. C. N. Y.), 31 Am. B. R. 736, 209 Fed. 982.

In re Smith (C. C. A., 6th Cir), 29 Am. B. R. 628, 203 Fed. 369, 121 C. C. A. 485.

Application determined by law as it stood at time of appointment.

In re Screws, 17 Am. B. R. 269, 147 Fed. 989.

In encumbered property.

In re Sanford Furniture Mf'g Co., 11 Am. B. R. 414, 126 Fed. 888.

In re Muhlhauser Co., 9 Am. B. R. 80.

In re Cramond (D. C. N. Y.), 17 Am. B. R. 22, 145 Fed. 966.

In re Hicks (Ref. Tex.), 27 Am. B. R. 168.

In re Baughman (D. C. So. Car.), 20 Am. B. R. 811, 163 Fed. 669.

Denied in pledged stock in hands of pledgee.

In re Meadows (D. C. N. Y.), 29 Am. B. R. 165, 199 Fed. 304.

When no surplus.

Smith v. Township of Au Gres (C. C. A. 6th Cir.), 17 Am. B. R. 745, 150 Fed. 257, 80 C. C. A. 145.

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In re Bourlier Cornice and Roofing Co., 13 Am. B. R. 585, 133 Fed. 958.
Commissions on exempt property.

In re Castleberry (D. C. Ga.), 16 Am. B. R. 430, 143 Fed. 1018.

Trustee removed for misconduct denied compensation.

In re Leverton (D. C. Pa.), 19 Am. B. R. 434, 155 Fed. 931.

Contract for extra compensation made with creditor void as against public policy.

Devries v. Orem (Ct. of Appeals, Md.), 17 Am. B. R. 876, 65 Atl. 430. American Surety Co. v. Freed (C. C. A., 3rd Cir.), 35 Am. B. R. 103, 224 Fed.

333.

None on secured creditor's claim.

In re Anders Push Button Telephone Co. (D. C. N. Y.), 13 Am. B. R. 643, 136 Fed. 995.

A trustee who is an attorney at law not allowed additional compensation for legal services performed by himself.

In re Van Denburg (D. C. O.), 34 Am. B. R. 521, 221 Fed. 475.

When entitled to full commissions.

In re Morse Iron Works and Dry Dock Co. (D. C. N. Y.), 18 Am. B. R. 846, 154 Fed. 214.

Form No. 257

PETITION OF ATTORNEY FOR TRUSTEE FOR AN ALLOWANCE FOR SERVICES AND FOR A CERTIFICATE FOR ADDITIONAL COMPENSATION. (LOCAL RULE.)

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 205.)

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1. That he is the attorney for the trustee herein.

2. That on the ....... day of ...........

was duly appointed trustee in bankruptcy herein and duly qualified. That thereafter and on or about the ....... day of

your petitioner was duly retained by the said trustee to act as his attorney in the administration of the estate and has since continued to act in such capacity.

3. That your petitioner has rendered a large amount of services to this estate which are enumerated as follows:

[Set forth explicitly and in detail showing amount of time involved.]

4. That the trustee's final account herein shows that he has received a total of $........ and has disbursed the sum of $.. leaving a balance in his hands for distribution of $.....

5. That petitioner has received no compensation for his services rendered to this estate as above set forth and has incurred necessary disbursements and expenses of $...... a schedule of which is hereto annexed.

6. Petitioner respectfully submits that his services in view of the amount of time and work involved and results attained entitle him to a greater amount of compensation than the referee is empowered to grant under the rule of this court.

Wherefore, petitioner prays for such allowance for his services as to the court may seem just and proper, that his disbursements be allowed and that the referee herein grant him certificate for additional compensation as provided by Rule of this district.

[Verification.]

Cross-reference.- See § 62, Vol. II, ante.

Petitioner.

Form No. 258

CERTIFICATE OF REFEREE FOR ADDITIONAL COMPENSATION TO ATTORNEY FOR TRUSTEE (SOUTHERN DISTRICT OF NEW YORK)

(Hagar and Alexander's Bankruptcy Forms [2d Ed.] No. 206.)

United States District Court,

District of

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

To the Honorable Judges of the United States District Court,

for the Southern District of New York:

I,

....

referee in bankruptcy, in charge of this case

do hereby certify as follows:

That the bankrupt herein was a corporation organized and existing

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19..., the said trustee filed his final account with the vouchers in

support thereof and on said day,

attorney for

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