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In re Frazin and Oppenheim (C. C. A. 2d Cir.), 29 Am. B. R. 212, 201 Fed. 343, 120 C. C. A. 391.

Sale of good will and corporate name.

S. F. Myers Co. v. Tuttle (D. C. N. Y.) 26 Am. B. R. 541, 188 Fed. 532. Medical and surgical practice and good will of a physician not assets passing to trustee.

In re Myers, 31 Am. B. R. 24.

Rejection of bid and sale to a third party.

In re Chandler (C. C. A. 7th Cir.), 28 Am. B. R. 89, 194 Fed. 944, 114 C. C. A. 580.

Petition to compel purchaser to complete purchase.

In re Myers-Wolf Mfg. Co. (C. C. A. 3d Cir.), 30 Am. B. R. 572, 205 Fed. 289, 123 C. C. A. 441.

Sale of liquor license.

In re Doyle and Sons, 30 Am. B. R. 58, rev'd, 31 Am. B. R. 571, 209 Fed. 1, 126 C. C. A. 143.

Form No. 293

PETITION FOR SALE FREE AND CLEAR OF LIENS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 248.)

United States District Court,

IN THE MATTER OF

District of

In Bankruptcy No.

Bankrupt.

To the District Court of the United States, for the

of

of .....

The petition of

.....

:

District

respectfully shows and alleges:

First: That your petitioner was heretofore and on the ....... day 19..., duly appointed the trustee in bankruptcy of all of the property of the above bankrupt and has duly qualified as such by filing his bond in this court in the sum of $..... conditioned for the faithful performance of his duties, and is now acting as such trustee.

Second: That your petitioner has taken possession of all the property of the said bankrupt which includes the following described real and personal estate located at the town of

county, State of ..

All that certain tract or parcel of land, with the buildings thereon erected and all machinery connected with or attached to said building and property, situate in the town of

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....

county of bounded as follows:

Together with all and singular, the tenements, hereditaments and appurtenances belonging to the said property; and the reversion, remainders, tolls, income, rents, issue and profits thereof, including all chattels, fixtures, furnishings, machinery, tools and every other estate, right, title and interest, property and appurtenances of the said

.... day of.....

Third: That heretofore and on the 19..., an involuntary petition in bankruptcy was filed herein against the above-named bankrupt, and theretofore and within four months prior to the date of the filing of the said petition, to wit, on the...... day of .... 19..., the said bankrupt, for and in consideration of the alleged sum of $. .., made, executed and delivered a certain bond and mortgage covering all of the abovedescribed property, to [a corporation organized under and existing by virtue of the laws of the State of

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Fourth: That the said alleged bond and mortgage were, as your petitioner is informed and does verily believe, executed and delivered under the following circumstances:

., 19..., and for a

That on the said .......... day of considerable period prior thereto, the said bankrupt above named was insolvent and that his property at a fair valuation was insufficient to pay all of his debts in full, which said debts, as your petitioner is informed and does verily believe, did on said .. ... day of

.., 19..., and prior thereto, aggregate the sum of about $...... ; and that all of his assets of whatsoever kind, character, nature or description, did not exceed in value the sum of about $......

Fifth: That on said ... said bankrupt was indebted to

day of

19..., the in the sum of $...... which said indebtedness consisted of two promissory notes

in writing, made, executed and delivered by

each for the sum of $.....

Sixth That on said ........ day of

to

19..., the

said notes of $...... due on that day, were not paid by the said

.....

bankrupt, and were thereupon duly protested for nonpayment by the on which said' day, as your petitioner is informed knew and had reasonable

.....

was insolvent and

said
and verily believes, the said ...
cause to believe that the said
unable to pay his debts; and that thereafter and on the
day of ..
19..., well knowing that the said

....

was insolvent and having good and reasonable cause to so believe, and without any present fair consideration, and as security for an antecedent indebtedness, he did accept and take the said bond and mortgage for the said sum of $...... on said real and personal property herein before mentioned and described.

Seventh: That heretofore and by order of this court, all of the said property hereinbefore mentioned and described was duly appraised at the sum of $........, and as your petitioner is informed and does verily believe, the said property if sold by your petitioner subject to the said mortgage of $.. above mentioned, will not realize any equity whatsoever by reason of the fact that the said property is not worth the amount of the said mortgage and that no one interested in property of this character would purchase said property subject to it.

.........

Eighth: That your petitioner proposes to institute legal proceedings in this court to declare void and of no effect the said mortgage and to have the same annulled and canceled as of record, upon the ground that under and by virtue of the terms and conditions of the acts of Congress relating to bankruptcy, the giving of the said mortgage was preferential as security for an antecedent indebtedness and for no present fair consideration passing at the time of the execution and delivery thereof; and upon the further ground that the said mortgage constituted a preference by reason of the fact that at the time that the said bond and mortgage were executed and delivered, the said ........ receiving the same, knew and had reasonable cause to know and believe that the said bankrupt was insolvent.

Ninth That your petitioner has examined and caused to be examined and other witnesses, to all of which testimony your petitioner upon the hearing of the application herein made begs leave to refer and from which said examination the facts. as hereinbefore alleged do more particularly and at length appear.

Tenth: That your petitioner in the performance of his duties as said trustee is desirous of immediately disposing of all of the property of the bankrupt herein, and in order so to do most advantageously to the interest of the creditors of the said bankrupt, does verily believe that the said property should be sold free of and from the lien of the

said mortgage of $........ which said mortgage in detail covers the said property as hereinbefore described, and which was made, executed and delivered on said .... day of 19.., by the said bankrupt herein, for the said sum of $...., and which

....

day of

was thereafter and on the
recorded in Liber ...... of Mortgages at page

...

19..., duly

in the office

of the clerk of the county, of State of ........... Wherefore, your petitioner does respectfully pray this Honorable Court that an order be made herein, requiring ...... mortgagee to show cause before this court at a time and place to be stated, why an order should not be made and entered herein, directing that all of the property mentioned and described in the petition herein and covered. by the said mortgage herein referred to, be sold by your petitioner as trustee of the said bankrupt, at public auction and in the manner prescribed by the acts of Congress relating to bankruptcy, and the General Orders of the Supreme Court of the United States, free of and from the lien of the said mortgage and why the proceeds arising of and from the sale of the said property should not be held by your petitioner subject to the lien of the said mortgage, to all intents and purposes as though the said property had not been sold, subject to the final order, judgment and decree of this court, or the final order, judgment and decree of a court of competent jurisdiction, as to the validity of the said mortgage and why your petitioner should not have such other and further relief as to this Honorable Court may seem just and proper.

And your petitioner will ever pray, etc.
Dated......

19...

Petitioner.

Attorney for Trustee,

Office and Post-office address,

Street,

City of

[Verification.]

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

Form No. 294

NOTICE OF MOTION FOR SALE FREE AND CLEAR OF LIENS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 249.)

United States District Court for the

District of..

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

Please take notice that upon the annexed petition of trustee in bankruptcy of the above-named bankrupt, verified 19..., the annexed affidavit of

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verified

(mortgage, etc.)
a copy whereof is
to .... ....."
bearing date

19..., and upon all the proceedings and testimony taken herein, a motion will be made by the undersigned on behalf of the trustee herein before Esq., referee in bankruptcy, in

on the .... day of

....

charge of this proceeding, at his office, No. ........ street, in the city of 19..., at ... o'clock in the ...noon, or as soon thereafter as counsel can be heard, for an order authorizing and directing

.....

.. to ...

...

as

trustee in bankruptcy of the estate of the above-named bankrupt, to sell the property mentioned in the annexed petition of the trustee herein, and situated at and that the said trustee be authorized and directed to sell and dispose of the aforesaid property, now in his possession, and claimed to belong to this estate, free and clear of all liens and demands thereon, including an alleged mortgage of ... dated ...... 19..., and that the proceeds arising from the sale of the said property be held by the trustee subject to the claims, liens and demands of the alleged mortgagees, lienors and claimants, and that the said mortgages, liens, claims and demands attach to the proceeds of such sale with the same force and effect as if upon the property itself, subject to the final order, judgment and decree of this court or of a court of competent jurisdiction as to the validity, bona fides and extent of such mortgage, lien, claim and demand;

......

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