Form No. 286

PETITION BY RECEIVER FOR SALE OF PERISHABLE PROPERTY

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 238.)

United States District Court,

The petition of

....

District of

respectfully shows and alleges:

1. That he is the receiver herein duly qualified and acting.

2. That your petitioner pursuant to the order of his appointment has taken possession of all the property, assets and effects of the above named alleged bankrupt at No.

of ..

Street, City

3. That among the assets in his possession is the following:

That said property is perishable and unless sold forthwith will result in a complete loss to this estate.

4. That in the opinion of your petitioner it is absolutely necessary that same be sold at once.

Wherefore, he prays for an order authorizing and directing him to sell said property forthwith.

[Verification.]

Petitioner.

Form No. 287

NOTICE OF SALE BY TRUSTEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 239.)

To the creditors of the above named bankrupt:

Notice is hereby given that personal property belonging to the estate of the above named bankrupt will be sold under the direction the trustee, at public auction by.....

of

(United States) auctioneer, at No.

........

day of

.Street, City

19..., at ....... o'clock in the noon. A general description of the property to be sold is as follows: [Here set forth property to be sold.]

The said property may be inspected at the above premises on any business day prior to the sale between the hours of ..... A. M. and ........ P. M.

The trustee reserves the right to withdraw any of the said property from sale unless it shall bring at least seventy-five per centum of the appraised value.

In re Monsarrat (No. 1) (D. C. Haw.), 25 Am. B. R. 815.

Sale of property in other districts.

Bankruptcy Court has jurisdiction to order same.

T. E. Wells Co. v. Sharp (In re Plymouth Elevator Co.) (C. C. A. 8th Cir.) 31 Am. B. R. 344, 208 Fed. 393, 125 C. C. A. 609.

Form No. 288

PETITION FOR PRIVATE SALE BY TRUSTEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 240.)

Your petitioner respectfully shows:

That he is the trustee herein duly qualified and acting.

That a portion of such bankrupt's estate consists of the following property:

That it will be to the advantage of the estate that such property be sold forthwith at private sale for the following reasons and upon the following terms:

That no previous application has been made to this court for the order hereinafter asked.

Wherefore, your petitioner prays for an order permitting him to sell said property in the way and on the terms above specified.

[Verification.]

Cross-reference.-See § 70, Vol. II, ante

Petitioner.

Form No. 288a

PETITION FOR SALE UNDER GENERAL ORDER XVIII (2)

That a portion of such bankrupt's estate consists of the following property:49

That it will be to the advantage of the estate that such property be sold forthwith, for the following reasons:50

That no previous application has been made to this or any other court for the order hereinafter asked.

Wherefore, your petitioner prays for an order permitting him to sell said property in the way and on the terms above specified.

"

Trustee.

[Verification same as in Form No. 122.]

Cross-references.- See § 70 and General Order XVIII (2). Though such sales are of doubtful validity, they are common. This form can be adapted to a sale of personal property, or one at public auction under the same general order. See also Forms 42, 43, 44, 45, 46, 235, 236, 289, 296.

49. Here insert description of property, giving its location, appraised value, the incumbrances, if any, etc.

50. Here give the reasons, as, for instance, a cash offer of 75 per cent of the appraised value, giving name of

person making the offer, etc., or the necessity of vacating the premises in which the property is, or any of the numerous reasons which require prompt action on sales of a bankrupt's assets.

Form No. 289

ORDER FOR PRIVATE SALE BY TRUSTEE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 241.)

United States District Court, for the

District of

IN THE MATTER OF

Bankrupt.

In Bankruptcy No. ...

the trustee herein, having filed a duly verified petition praying for an order permitting him to sell at private sale the following property: [Here specify property.]

on the terms set forth in said petition (and a meeting of creditors having been duly held upon ten days' notice) and it appearing that good cause for such sale has been shown; now, on motion of Esq., attorney for the trustee, it is

Ordered: That the trustee herein, be, and he hereby is authorized to sell the property above specified to........ ... for the sum of $....

And it is further ordered: That the said trustee keep an accurate account thereof and file same with the referee.

In re Edes, 14 Am. B. R. 382, 135 Fed. 595.

In re Peerless Finishing Co., 28 Am. B. R. 429, 199 Fed. 350.

In re Nevada-Utah Smelters Corp. (C. C. A. 2d Cir.), 29 Am. B. R. 754, 202

Fed. 126, 120 C. C. A. 440, aff'g, s. c. 28 Am. B. R. 409, 198 Fed. 497.

General Order XVIII construed.

In re Knox Automobile Co. (D. C. Mass.), 32 Am. B. R. 67, 210 Fed. 569.

VOL. III-15 ·