Form No. 296

PETITION TO CONFIRM SALE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 251.)

That your petitioner is the temporary receiver herein, duly quali

The petition of

That the same was offered in bulk at the beginning of such sale and a bid of $.. . . . . was made for the same, and that the goods were then offered for sale in separate lots according to catalogue, and realized the sum of $........ or more than the bid in bulk.

That the said sum of $........ realized, is below 75 per cent. of the appraised value of the property, which is $........, and in order to deliver said property to the purchasers, it is necessary for your petitioner to procure an order confirming said sale.

Your petitioner is of the opinion and verily believes that a larger sum than as above stated cannot be obtained, as the sale was largely attended and fairly conducted, and advises that the said goods be delivered to the respective bidders, for the reason that said merchandise will rapidly deteriorate in value and the expense attendant upon storing the goods for a longer time, or of a resale, would be considerable, and unlikely to produce better results, and petitioner verily believes that the sale should be confirmed.

Wherefore, your petitioner respectfully prays that an order be made confirming the said sale, and authorizing him to deliver the said merchandise as sold in lots to the respective highest bidders

therefor and for such other and further relief as to the court may seem just and proper.

[Verification.]

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

Petitioner.

Form No. 297

ORDER CONFIRMING SALE, AFTER NOTICE TO CREDITORS

At a Court of Bankruptcy, held in and for the

Application having been made by the trustee herein for the sale of the following property,

and a notice of proposed sale having been given thereon, as provided by 58-a (4) of the bankruptcy law of 1898, and no objection having been made to said sale, and the same having then taken place and said property having been sold to .... of the ..... of ....... in said district, for .... ...... dollars ($.....), and now coming on for confirmation, as provided in such notice; now, on motion of ...

It is ordered:

Esq., attorney for the trustee herein,

That such sale be, and the same hereby is, confirmed.

That the trustee herein, on receipt of the consideration in cash, complete the same by executing the proper instrument transferring to such purchaser all his right, title, and interest in said property, and delivering the same to such purchaser.

Referee in Bankruptcy.

Cross-references.-See §§ 58 and 70. This form can be adapted to any sale, whether public or private, on notice, and should always be entered, for the pro

tection of the purchaser's title. See special clauses for sale on notice in Form No. 161. See also Forms Nos. 288 and 289, and compare Forms Nos. 42, 43, 44, 45, and 46.

Petition and order to confirm sale.

Usually obtained ex parte.

Confirmation within the discretion of court and ordinarily not refused when sale has been properly conducted.

In re Mitchell, 15 Am. B. R. 735.

In re Ketterer Mfg. Co. (D. C., Pa.), 19 Am. B. R. 638, 156 Fed. 719 .

In re Throckmorton (C. C. A. 6th Cir.), 17 Am. B. R. 856, 149 Fed. 145, 79 C. C. A. 15.

In re Kronrot, 25 Am. B. R. 738, 183 Fed. 653.

Creditors not entitled to notice of confirmation has been held in New York. In re Nevada-Utah Corporation (D. C. N. Y.), 28 Am. B. R. 409, 198 Fed. 497. Sale not invalid because bankrupt is purchaser.

In re National Mining Exploration Co. (D. C., Mass.), 27 Am. B. R. 92, 193 Fed. 232.

Referee after adjudication has power to confirm.

In re Matthews, 6 Am. B. R. 96, 109 Fed. 603.

In re Fisher and Co., 14 Am. B. R. 366; 135 Fed. 223.

In re Styer, 3 Am. B. R. 424, 98 Fed. 290.

Effect of confirmation.

In re Burr Mfg. and Supply Co. (C. C. A., 2d Cir.), 32 Am. B. R. 708, 217 Fed. 16, 133 C. C. A. 126, revg. s. c. 32 Am. B. R. 686, 209 Fed. 138.

What does not constitute a sale.

Bankruptcy Court has no power to compel a creditor to consent to have all the bankrupt estate transferred to a corporation and accept in settlement of his claim, obligations of the new corporation payable at a future date.

In re J. B. and J. M. Cornell Co. (D. C. N. Y.), 26 Am. B. R. 252, 186 Fed. 859. Compare on power of court to enforce a plan of reorganization without assent of all creditors.

In re Northampton Portland Cement Co., 25 Am. B. R. 565, 185 Fed. 542. Setting aside a sale is equivalent to a refusal to confirm.

In re Shea (C. C. A. 1st Cir.), 11 Am. B. R. 207, 126 Fed. 153, 61 C. C. A. 219, aff'g, s. c. 10 Am. B. R. 481, 122 Fed. 742.

Form No. 298

NOTICE OF TAXATION OF AUCTIONEER'S CHARGES

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 253.) United States District Court,

District of

IN THE MATTER OF

Bankrupt.

In Bankruptcy No.

.....

Please take notice that the trustee herein, having filed objections to the fees and charges of the auctioneer on the sale of the property of the above named bankrupt, there will be a hearing on same before Esq., referee, at his office at..

19..., at ........ o'clock in the .....noon, or as soon thereafter as counsel can be heard, at which hearing the fees and charges of the auctioneer will be taxed by the said referee, and such other business will be transacted thereat as may be proper.

Form No. 299

ORDER FOR RESALE ON DEFAULT OR PURCHASER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 254.) United States District Court,

..District of

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

.....9

the trustee of the estate of the above named

bankrupt, having filed in the office of the referee a petition duly

other things, that at a sale at public auction held in the

on the ....

.. day of ..

of ... 19..., certain property belonging to the bankrupt estate herein at

was duly sold to

and consisting of ....

for $.......

...

; that the said at time of purchase paid to the auctioneer

on said sale .... per cent. of his said bid, amounting to $......

........

...

has failed to carry out

and agreed to pay the balance, $........, on or before 19..., and that the said ... his said agreement and pay the balance of said purchase price, although the said payment has been demanded of him and that his time to complete his said purchase has long since expired, and praying that the property be resold for the account of said

and that said be charged with any deficit that might result from such resale and any expenses incurred by the trustee in maintaining and protecting the said property from the date of said sale to the date of such resale, and on reading and filing proof of due service upon said .... of a notice of hearing on the of counsel for the

said petition, and after hearing

trustee, in support of said petition and no one appearing in opposi

tion thereto, (or after hearing

Now, on motion of

... in opposition thereto)

attorney for the said

trustee, it is