FORM NO. 265. 266. 267. Order for such Examination and that Subpoena issue, 2455. Petition that U. S. Marshal produce Prisoner for Examination, 2456. Order that Marshal produce Prisoner for Examination, 2457. 268. Subpoena to appear before Special Commissioner, 2458. 269. Subpœna Ticket, 2459. 270. Subpoena Duces Tecum, 2460. 271. Petition that Witness sign Testimony before Referee, 2462. 272. Order that Witness sign Testimony, 2463. 273. Petition for Leave to obtain Ancillary Order of Examination, 2464. 274. Order granting Leave to apply for Ancillary Order of Examina tion, 2465. 275. Petition in Court of Ancillary Jurisdiction for Order of Examination, 2466. 276. Order of Examination in Court of Ancillary Jurisdiction, 2467. 277. Notice of taking Deposition (De Bene Esse), 2468. 278. Deposition (De Bene Esse), 2469. 279. Certificate of Commissioner or Notary Public thereon, 2471. Form No. 262 PETITION BY RECEIVER FOR EXAMINATION UNDER SEC. 21-a BEFORE SPECIAL COMMISSIONER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 210.) 19..., a 1. That on or about the ....... day of petition in involuntary bankruptcy was filed by certain creditors against the above named bankrupt and on said day your petitioner was duly appointed temporary receiver in bankruptcy and has duly qualified and is now acting as such receiver. (That an order of adjudication was entered herein on the .. day of... 19...) 2. That the assets belonging to the estate consist of the following: and your petitioner has had considerable difficulty in collecting and obtaining possession of same; and although he has endeavored to ascertain the exact condition of this property and other matters pertaining to the bankruptcy proceedings from the bankrupt, he has been unable either to get possession of the books, or to acquire sufficient information to enable him to proceed with the collection of the accounts and other matters pertaining to the administration of the estate. of 3. That ... were employees of (or had business relations with) the bankrupt and your petitioner believes have certain information of value to the administration of this estate. 4. That without an early examination of the designated persons, concerning the acts, conduct and property of the bankrupt whose estate is in process of administration, your petitioner fears he will have great difficulty in collecting the outstanding accounts, recovering property and otherwise properly administering the estate. Wherefore, your petitioner prays for an order, under section 21-a of the United States Bankruptcy Act, requiring. and to appear before a special commissioner of this court and be examined concerning the acts, conduct and property of the bankrupt whose estate is in process of administration. [Verification.] Cross-reference. See § 21, Vol. I, ante. Petitioner. Form No. 263 ORDER FOR EXAMINATION THEREON (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 211.) the petition in bankruptcy and all the proceedings heretofore had herein and sufficient reason appearing to me therefor, on motion of attorney for said receiver, it is of ... appear Ordered, that before Esq., who is hereby appointed special commissioner for that purpose, and be examined concerning the acts, conduct and the property of the said bankrupt, whose estate is in process of administration, and the clerk of this court is hereby authorized to issue a subpoena to secure the attendance of such witness. D. J. Cross-references. See § 7 and 21, Vol. I, ante; General Orders IV, X, XII (1), XXII. Authority for Examination. When authorized before adjudication; Estate in process of administration. Cameron v. United States (U. S. Sup.), 31 Am. B. R. 604, 231 U. S. 710, 58 L. Ed. 448, rev'g on other grounds, s. c. 27 Am. B. R. 657, 192 Fed. 548, 113 C. C. A. 20. In re Howard (D. C., Cal.), 2 Am. B. R. 582, 95 Fed. 415. In re Fleischer (D. C., N. Y.), 18 Am. B. R. 194, 151 Fed. 81. Rawlins & Rawlins v. Hall-Epps Clothing Co. (C. C. A., 5th Cir.), 33 Am. B. R. 237, 217 Fed. 884, 133 C. C. A. 594. Within discretion of court. In re Andrews, 12 Am. B. R. 267, 130 Fed. 383. Contra. Skubinsky v. Brodek et al. (C. C. A., 3rd Cir.), 22 Am. B. R. 689, 172 Fed. 332, 97 C. C. A. 116. In re Crenshaw (D. C., Ala), 19 Am. B. R. 266, 155 Fed. 271. In re Davidson (D. C., Mass.), 19 Am. B. R. 833, 158 Fed. 678. Who may apply for examination. The bankrupt, creditor or any officer may apply. "Officer" includes receiver. Even though creditor has not proved his claim. In re Walker, 3 Am. B. R. 35, 96 Fed. 550. In re Jehu, 2 Am. B. R. 498, 94 Fed. 638. In re Samuelsohn, 23 Am. B. R. 528, 174 Fed. 911. In re Kuffler, 18 Am. B. R. 587, 153 Fed. 667. When application may be made to referee. In re Abbey Press (C. C. A., 2nd Cir.), 13 Am. B. R. 11, 134 Fed. 51, 67 C. C. A. 161. In application for order to examine the bankrupt or a third person not necessary to set forth the questions to be asked or particular facts or transactions to be investigated. In re Bryant, 26 Am. B. R. 504, 188 Fed. 530. In re Howard, 2 Am. B. R. 582, 95 Fed. 415. Who may be examined.-[See § 21, Vol. I, ante.] Any designated person; assignee or receiver under State law included. In re Pursell, 8 Am. B. R. 96, 114 Fed. 371. People's Bank v. Brown (C. C. A., 3d Cir.), 7 Am. B. R. 475, 112 Fed. 652, 50 C. C. A. 411. Person liable to suit may be examined. In re Cliffe, 3 Am. B. R. 257, 97 Fed. 540. Person to be examined not entitled to notice of application, nor creditors. In re Abbey Press (C. C. A., 2d Cir.) (supra). In re Abrahamson & Bretstein, 1 Am. B. R. 44. Privilege from service of process in State court while attending meeting of creditors under subpoena. Powell v. Pangborn (N. Y. App. Div.), 31 Am. B. R. 650, 161 App. Div. (N. Y.) 453, 145 N. Y. Supp. 1073. After estate is closed, examination of third persons cannot be had. In re Cobb, 7 Am. B. R. 104. In re Sumner, 4 Am. B. R. 123, 101 Fed. 224. Examination for purpose of framing specifications in opposition to discharge. In re Price, 1 Am. B. R. 419, 91 Fed. 635. Examination of wife of bankrupt since amendment of 1903. What latitude allowed. In re Worrell, 10 Am. B. R. 744, 125 Fed. 159. See, Act of June 29, 1906, amending Rev. Stat. § 858. In re Kessler (D. C., Pa.), 35 Am. B. R. 30, 225 Fed. 394. In re Hark Bros., 14 Am. B. R. 624, 136 Fed. 986. Witness other than bankrupt not entitled to counsel as matter of right. In re Cobb, 7 Am. B. R. 104; In re Howard (supra). In re Abbey Press (C. C. A., 2d Cir.) (supra). Special commissioner may administer oath to witness. Wechsler v. U. S., 19 Am. B. R. 1, 158 Fed. 579, 86 C. C. A. 37. And should be present at hearing to personally see and hear witnesses. In re Rubin & Lipman (D. C., N. Y.), 32 Am. B. R. 295, 215 Fed. 669. Great latitude allowed. In re Horgan & Slattery (C. C. A., 2d Cir.), 3 Am. B. R. 253, 98 Fed. 414, 39 C. C. A. 118, affg. s. c. 97 Fed. 319; In re Foerst, 1 Am. B. R. 259, 93 Fed. 190. In re Pittner, 2 N. B. N. Rep. 915. In re Carley, 5 Am. B. R. 554, 106 Fed. 862. In re Brundage, 4 Am. B. R. 47, 100 Fed. 613. Wechsler v. United States (C. C. A., 2d Cir.), 19 Am. B. R. 1, 158 Fed. 579, 86 C. C. A. 37. In re Lathrop, Haskins & Co. (D. C., N. Y.), 24 Am. B. R. 911, 184 Fed. 534. In re Straschnow (C. C. A., 2d Cir.), 24 Am. B. R. 948, 181 Fed. 337, 104 C. C. A. 167. Examination not extended to property acquired after filing of petition. In re White, 2 N. B. N. Rep. 536. But see, In re Walton, 1 N. B. N. 533. Meaning of words in statute, "concerning the property of the bankrupt." In re Seligman (D. C., N. Y.), 26 Am. B. R. 664, 192 Fed. 750. Impeaching credibility of hostile witness. Hankinson v. Vantine, 152 N. Y. 20, 27. In re Calvi (D. C., N. Y.), 26 Am. B. R. 206, 219, 185 Fed. 642. Power to pass upon evidence. In re Automatic Musical Co., 30 Am. B. R. 328, 204 Fed. 334. Committed for contempt owing to contumacy and pretended lack of memory. In re Schulman, 21 Am. B. R. 288, 160 Fed. 237, affd. 23 Am. B. R. 809, 177 Fed. 191, 101 C. C. A. 361. Criminating questions.—[See §§ 7 and 21, Vol. I, ante.] In re Hooks Smelting Co., 15 Am. B. R. 83, 138 Fed. 954; In re Scott, 1 Am. B. R. 49, 95 Fed. 815; In re Rosser, 2 Am. B. R. 755, 96 Fed. 305; In re Hathorn, 2 Am. B. R. 298; In re Walsh, 4 Am. B. R. 693, 104 Fed. 518. Mackel v. Rochester (C. C. A., 9th Cir.), 4 Am. B. R. 1, 102 Fed. 314, 42 C. C. A. 427; In re Henschel, 7 Am. B. R. 207; In re Shera, 7 Am. B. R. 552, 114 Fed. 207. In re Nachman, 8 Am. B. R. 180, 114 Fel. 995. In re Franklin Syndicate, 4 Am. B. R. 511, 114 Fed. 205. United States v. Brod, 23 Am. B. R. 740, 176 Fed. 165. In re Feldstein, 4 Am. B. R. 321, 103 Fed. 260. In re Bendheim ( D. C., N. Y.), 24 Am. B. R. 254, 180 Fed. 918. Does not exempt bankrupt from prosecution, if he voluntarily testifies. |