must necessarily elapse before there can be a first meeting of creditors, election of a trustee and a sale by such trustee : That the business at present is being conducted at a loss and in the opinion of your petitioner is not profitable; that it would be a mistake to allow the assets, belonging to the estate herein, to remain unsold until same could be sold by a trustee, and that such delay would involve great loss and expense to this estate, inasmuch as the value of the estate depends upon keeping the business as a going concern and the property is rapidly deteriorating in value. 4. That your petitioner verily believes that it would be for the best interests of the estate in his charge, that the assets belonging to the estate herein be sold at this time, as the court may direct; that your petitioner verily believes the best method of sale of the assets in his charge, would be to advertise for sealed bids for the entire business, equipment, good-will and unexpired term of the lease; that the said bids be opened on a day and time certain; that if the bids received are less than the appraised value, or if equal to the appraised value, but not satisfactory to your petitioner, that your petitioner sell said stock and fixtures at public auction within a few days thereafter, such period to be designated by the court; and that the creditors of the above named bankrupt, as they may appear on the schedule of creditors now on file herein, may receive such notice as the court may direct, and that such other notice may be given, as your petitioner may deem necessary and proper. Wherefore, your petitioner would respectfully pray that he be authorized to sell the assets of the said bankrupt, now situated at together with the good-will of the business and the unexpired term of the lease of the said premises, at private sale upon sealed competitive bids or at public auction, under such terms and conditions as this court may direct. [Verification.] Petitioner. Form No. 283 ORDER FOR APPRAISAL AND SALE AFTER ADJUDICATION UPON SEALED BIDS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 235.) At a stated term of the District Court of the United States for the .. Upon the petition, adjudication and all the proceedings herein, and upon the annexed petition of estate of the above named bankrupt, verified the receiver of the day of 19..., and upon motion of and .... attorney for the said receiver, it is Ordered, that ... three disinterested persons, be, and they are hereby appointed appraisers, to appraise the property, assets and effects in possession of the receiver herein; that they forthwith enter upon their duties as such appraisers, and after taking the oath required, file such appraisal in the office of the clerk of this court, And it is further ordered, that all the property, assets and effects of the bankrupt above named, now in the posses (together sion of the receiver herein, situated at with the good-will of the business of the said bankrupt, and the unexpired term of the lease of the said premises,) be sold to the highest bidder at private sale, on written competitive sealed bids, for a sum not less than the appraised value thereof, if in the opinion of the said receiver the said bid is the best that can be obtained therefor; or if the property be not so sold, then that the property be sold at public auction for a sum not less than seventy-five percentum of the appraised value, and according to the rules of this court. And It is further ordered, that the said receiver mail notices of said sale to all the creditors of the said bankrupt, known to said receiver or as they may appear on the schedule of the said creditors, now in possession of the said receiver, and to all such dealers as he may think advantageous, offering a reasonable opportunity to inspect said property and for written bids to be sent to him therefor; and the said notices shall also state that the said bids will be opened by the said receiver on a day and at an hour and place to be fixed by him, and that creditors may then attend and consider the bids, which notices shall be mailed, at least five (5) days prior to that time; and that such notices shall further notify the creditors or. other parties that if the receiver shall reject all bids submitted to him, the said property shall then be sold at public auction, according to the rules of this court, at a time and place fixed by the receiver, and such notices of sale shall be published in the five days before the sale and on the morning of the sale, and in such other paper or papers as to the receiver may seem desirable and proper. Form No. 284 NOTICE OF AUCTION SALE BY RECEIVER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 236.) United States District Court, District of IN THE MATTER OF D. J. In Bankruptcy No. Bankrupt. Pursuant to an order of this court, the undersigned, receiver of the above named bankrupt, offers for sale the property, assets and effects of said estate. at The said property will be sold at public auction by auctioneer, at the above premises, in the City of 19..., The receiver reserves the right to withdraw any of said property from sale unless it shall bring at least seventy-five per cent. of the appraised value. (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 237.) United States District Court, District of IN THE MATTER OF In Bankruptcy No. Bankrupt. Notice is hereby given that pursuant to an order of the United States District Court for the district of... receiver in bankruptcy of offers for sale the property, assets, and effects the undersigned, of the said bankrupt. The property, to be sold consists of the following: [The business is being carried on by the receiver, and will be offered as a going concern on any bids for the entirety.] The above described property will be sold subject to the following liens and encumbrances: Further particulars in regard to said liens may be obtained from the receiver. The above described property may be inspected on the premises from 19..., between the hours of ...... A. M. and ...... P. M. to Bids for the above described property, assets and effects as an entirety may be submitted to the receiver at his office, No. ..... at which time and place the bids will be opened by him, and creditors may attend and express themselves in reference thereto. Each bid must be accompanied by a certified check or cash for at least ten per cent. (10%) of the amount of the bid. The receiver reserves the right to reject any or all bids, in which event the above described property will be sold at public auction on the premises by..... auctioneer, on noon. Dated 19..., at 19... o'clock in the Attorney for Receiver, City of Street, Receiver. City of |