Ordered, that the property heretofore sold on 19..., to said .... consisting of [Here describe property fully] be and the same hereby is directed to be resold for the account of the said in the manner and form as heretofore ordered. It is further ordered, that due notice of said resale be given to the creditors herein and to the said and "" be and he is It is further ordered, that said hereby charged with any deficit that may result to the trustee on such resale and any expense incurred by the trustee in maintaining and protecting the said property from 19..., the date of the said sale, to the date of such resale, and for such resale. Snyder v. Bougher, 16 Am. B. R. 793, 214 Pa. St. 453, 63 Atl. 893. Expenses of resale. In re Fisher and Co., 17 Am. B. P. 404, 148 Fed. 907, affd. In re Wylie, et al., 18 Am. B. R. 503, 153 Fed. 281, 82 C. C. A. 411. Form No. 300 PETITION TO VACATE SALE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 255.) District Court of the United States, 1. That he is a creditor herein having a provable claim to the amount of $. herein offered for sale the property of this estate consisting of ..... in the following manner: .... [Here allege particulars of sale.] 3. Your petitioner further alleges that said sale was utterly irregular, fraudulent and void as conducted by lowing reasons: for the fol 4. That as a result of the fraudulent acts and irregular procedure as above set forth the property was sold at a grossly inadequate price. 5. That the purchaser above named is about to remove said property from the premises and if permitted so to do it will be to the great loss and detriment of this estate and be an injustice to the creditors thereof. 6. That petitioner annexes hereto and makes a part of this application an affidavit of ... duly verified, as to the mat ..... ters of fact herein set forth and specified. 7. That petitioner's sources of information and grounds of his belief are as follows: 8. That no previous application has been made for the order herein. Wherefore, your petitioner prays for an order vacating and setting aside the sale of the property belonging to this estate held on the ...... day of .... 19..., and directing that same be resold in the manner and at the time as may be prescribed by this. Court and that an order to show cause issue herein directed to ; that all proceedings on the part of said persons relative to said sale be stayed pending the hearing and determination of said order to show cause and for such other and further relief as to this Court shall seem just and proper. and ... [Verification.] ..... Petitioner. Cross-reference.-See § 70, Vol. II, ante. Form No. 301 ORDER TO SHOW CAUSE WHY SALE SHOULD NOT BE VACATED (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 256.) sioner pursuant to order of Hon. dated verified sworn to and .... Esq., as special commis District Judge, 19..., on file in the office of the clerk of this court, together with the minutes and exhibits thereto annexed. ... and .... I do hereby order and require, and each of them, to show cause before this court at a stated term thereof, to be held at the United States Court, in the City of ...... 19..., at .... o'clock in the on ....... noon at the opening of court, or as soon thereafter as counsel can be heard, why the sale of the property, assets and effects of the above named bankrupt held by the herein at on the ...... day of .... 19..., should not be vacated and set aside and the property restored to the trust estate, and for such other and further relief as may be just and proper, And sufficient reason appearing therefor, I do hereby order, that this order to show cause and the annexed petition of and the annexed affidavit of be served on the said or their attorneys herein, on or before. and 19..., and that such service be sufficient notice, and pending the hearing and determination of this order to show cause that all proceedings on 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, rev'g, s. c. 32 Am. B. R. 686. Trustee purchaser at own sale. In re Hawley, 9 Am. B. R. 61, 117 red. 364. Allgair v. W. F. Fisher and Co., 16 Am. B. R. 278, 143 Fed. 962. Purchase by an official appraiser not permitted. In re Frazin and Oppenheim (C. C. A. 2d Cir.), 24 Am. B. R. 598, 181 Fed. 307, 104 C. C. A. 529. When not set aside. In re Shapiro, 19 Am. B. R. 125, 154 Fed. 673. In re Belden, 9 Am. B. R. 679, 120 Fed. 524. In re Throckmorton (C. C. A. 6th Cir.), 17 Am. B. R. 856, 149 Fed. 145, 79 C. C. A. 15; Sturgiss v. Corbin (C. C. A. 4th Cir), 15 Am. B. R. 543, 141 Fed. 1, 72 C. C. A. 179. Owens v. Bruce (C. C. A. 4th Cir), 6 Am. B. R. 332, 109 Fed. 72, 48 C. C. A. 239. Schuler v. Hassinger (C. C. A. 5th Cir.), 24 Am. B. R. 184, 177 Fed. 119, 100 C. C. A. 539. In re Kronrot (D. C., N. Y.), 25 Am. B. R. 738, 183 Fed. 653. In re Charles Knosher and Co. (C. C. A. 9th Cir.), 28 Am. B. R. 747, 197 Fed. 136, 116 C. C. A. 560. Mere inadequacy of price not sufficient. In re Metallic Specialty Mfg. Co. (D. C., Pa.), 27 Am. B. R. 408, 193 Fed. 300, Ballentyne v. Smith, 205 U. S. 285, 27 Sup. Ct. 527, 51 L. Ed. 803. In re National Mining Exploration Co., 27 Am. B. R. 92, 193 Fed. 232. In re Milne Mfg. Co. (D. C., N. Y.), 21 Am. B. R. 468. Not set aside on review unless there has been an abuse of power in court below. 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. Schuler v. Hassinger (supra). Form No. 302 ORDER VACATING SALE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 257.) a creditor of the above named bankrupt having ...... .... filed a petition herein, verified the .... day of 19..., praying that the sale of the property of this estate held by on the ... day of ...., 19..., be vacated and set aside for as set forth in said petition, and for an order for the resale of same and an order to show cause having been issued thereon and the same having duly come on to be heard, now upon reading and filing the petition of verified the 19..., the affidavit of ing affidavit of day of .. .... duly verified and the answerduly verified and upon all the pro Esq., in oppo ceedings heretofore had herein and after hearing Esq., in support of the motion and .... sition thereto and due deliberation having been had, it is on motion of .... attorney for petitioner, Ordered, that the sale of the property herein held on the day of 19..., be vacated and set aside and that the alleged purchaser of same return said prop erty forthwith to this estate and it is further Ordered, that same be resold by the trustee as speedily as may be pursuant to the rules of this Court. D. J. |