Form No. 289a ORDER FOR SALE UNDER GENERAL ORDER XVIII (2) At a Court of Bankruptcy, held in and for the ........ District of In Bankruptcy No. .... Application having been made by the trustee herein for an order permitting such trustee to sell the following property 51 on the terms hereinafter mentioned, 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..... on receipt from him of ... dollars ($....) in cash.52 Referee in Bankruptcy. Cross-references.-See § 70 and General Order XVIII (2). See also Forms Nos. 42-46, 235, 236, 289, 296. 51. Here copy the description of the property from the petition. 52. Or, as the terms may be, usually adding a clause directing the transfer of title by an instrument transferring only the trustee's right, title, and interest, and in no way amounting to a warranty. See Form No. 193. Form No. 290 ORDER FOR SALE AT AUCTION OF REAL ESTATE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 243.) as trustee of the estate of the above named bankrupt having filed in the office of the referee, a petition, verified ..... 19.., praying that he be authorized by the creditors of the estate herein, to sell at public auction, a certain portion of the real estate of said bankrupt, to wit: (Here describe property fully) upon terms and conditions as follows: and that a meeting of the creditors be called to consider the prayer of the said petition, and the said petition having come on for a hearing before me, of which ten days' notice was given by mail to the creditors of the said bankrupt, Now, after due hearing, (no adverse interest being represented thereat,) or (after hearing. in favor of said petition and in opposition thereto), it is Ordered, that the said trustee be authorized to sell the portion of the bankrupt's real estate, specified in the said petition, at auction, keeping an accurate account of each lot or parcel sold and the price therefor and to whom sold; which said account he shall file at once with the referee. Form No. 291 NOTICE OF SALE (PRACTICE IN DISTRICT OF NEW JERSEY) (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No: 246.) United States District Court, ruptcy of the above named bankrupt, will offer for sale the following described property, to wit: The stock of merchandise consisting of together with the furniture, fixtures, equipment, good-will, etc., of the business now conducted at No...... in the City of N. J., in the following manner: Sealed bids are invited for the said property in lots and as a whole, such bids to be opened by the receiver herein at the office of the referee in the New Jersey, Building, City of ... day of .... 19. ..., at ... on the .... o'clock in the forenoon of said day, and (one-half) hour after the opening of such bids the receiver will offer the said property at publie auction, both in lots and as a whole at the premises of said bankrupt, .. Street, in the City of at No. the bidding to be started at the highest sealed bid for each lot and for the whole, and the property to be sold subject to confirmation by the court to the bidder or bidders whose bid or bids realizes the best price to the estate, at least 25 per cent. of such highest bid or bids to be paid as a deposit by such highest bidder or bidders. The property to be sold may be inspected at the premises, No. New Jersey, on the and ...... of ... Street, 19...., between the hours of .... A. M. and ........ P. M., and further particulars in regard to said sale may be obtained from the receiver at his office in the Building, New Jersey, or from the undersigned, attorneys of said receiver. The receiver reserves the right to reject any and all bids. Take further notice that the undersigned receiver will make his report of sale and application for confirmation thereof before Esq., Referee in Bankruptcy, at his office, No. Street, City of ..... on the ... day (Hagar and Alexander's Bankruptcy Forms [2d Ed.] No. 247.) TERMS OF SALE BY TRUSTEE OF REAL ESTATE. (1) The real estate to be sold is described as follows: N. J. (2) (....) per cent. of the purchase price of the said real estate in certified check or cash shall be paid to the auctioneer at the time and place of the sale for which he will render a receipt to the purchaser. (3) The residue of the said purchase price must be paid to as trustee, at the office of his attorneys, No. street, city of ... ..... on the 19..., at 12 noon, when the deed to the said property will be ready for delivery, and the title closed. (4) The trustee is not required to send any notice to the purchaser; and if he neglects to call at the time and place above specified and receive his deed, he will be charged interest thereafter on the whole amount of his purchase, unless the trustee shall deem it proper to extend the time for the completion of the said purchase. at .... ... (5) The said trustee will convey the title to the purchaser in fee simple subject only to a mortgage of $........, and accrued interest (....%) per cent. per annum, from the .... day of 19... All other encumbrances, taxes and assessments which at the time of the sale are liens or encumbrances upon said premises, will be allowed out of the purchase money, provided the purchaser shall, previous to the delivery of the deed, produce to the said trustee proof of such liens, and the existence of any unpaid taxes or assessments shall not be deemed to be an objection to the title, provided the amount thereof is so allowed. (6) The purchaser of the said real estate shall at the time and place of sale sign a memorandum of his purchase. (7) It is understood and agreed that the auctioneer or the said trustee is not responsible for any interest on the ......% deposited under the terms of sale. (8) This sale is made subject to the approval of the United States District Court for the .. District of the trustee reserving the right to reject any and all bids made, but it is understood however, that the trustee shall inform the purchaser whether his bid has been accepted or rejected on or before the .... day of... Dated 19... Cross-reference.- See § 70, Vol. II, ante. Relieving purchaser from bid. In re Caponigri (C. C. A. 2d Cir.), 32 Am. B. R. 158, 210 Fed. 897, 127 C. C. A. 466. Purchaser not relieved from bid because of "puffer." William v. Hogue (C. C. A. 4th Cir.), 34 Am. B. R. 40, 219 Fed. 182, 134 C. C. A. 556. Sale of trustee's rights under a lease. Purchaser held to have no right to rescind and recover purchase price. |