SUBDIVISION VIII INJUNCTIONS AND RESTRAINING ORDERS FORM No. 303. Petition for an injunction other than against Suits, 2513. 304. Order to show Cause for an Injunction by trustee, 2515. 307. Order that writ of injunction issue, after referee's stay and 308. Injunction Order, 2519. 309. Petition for stay of pending suits, 2525. 310. Referee's stay and show cause on pending suits, 2526. 311. Stipulation that show cause be heard by referee, 2528. 312. Decision and report of referee on application for stay stipulated before him, 2529. 313. Order that writ of injunction issue, 2530. 314. Order staying Suit, 2531. 315. Affidavit by Bankrupt to stay Supplementary Proceedings, 2532. 316. Affidavit to stay Sale by Trustee of mortgaged Property and to modify Injunction, 2533. 317. Petition to modify Injunction, 2535. 318. Order vacating Stay and permitting judgment against Bankrupt, 2538. Form No. 303 PETITION FOR INJUNCTION OTHER THAN AGAINST SUITS In the District Court of the United States That the above-named bankrupt was duly adjudged herein on the day of 53. If before adjudication, address to the judge. 19..., and, thereafter, the follow 54. Or "the bankrupt;" or "the trustee;" or "or a creditor of the bankrupt." ing proceedings were had: That 55 That, unless the injunction hereinafter asked is granted, your petitioner and the creditors of said bankrupt will suffer irreparable injury. That no previous application has been made to this or any other court for the order hereinafter asked. Wherefore, your petitioner prays for a writ of injunction herein, forbidding the said his attorneys, agents, and servants, from 56 and for such other order as shall be just and lawful. Dated 19.... Petitioner. [Add verification as in Form No. 122.] Cross-references. For the validity of injunctions granted by referees, see, generally, §§ 2, 11 and 38. Read also General Order XII, which, however, refers only to injunctions against proceedings or officers. See also Mueller v. Nugent, 184 U. S. 1, 7 Am. B. R. 224. 55. Here give the name and resi dence of the person sought to be enjoined, and the facts making the injunction necessary, as an imminent sale on a foreclosure where the equity of redemption is substantial; or, the giving of a voidable preference as defined in 60, and proceedings by the creditor preferred which may result in the property getting into the hands of an innocent holder for value, in this case specifying whether or not the property is in the possession of the bankrupt or an adverse claimant, and, if the latter, by what kind of a transfer and with what notice, if any, of the bankruptcy he holds. See, generally, Injunctions other than against Suits," in § 2, ante, and cases cited. 66 56. Here state briefly the acts or transactions which the petitioner seeks to prevent. Form No. 304 ORDER TO SHOW CAUSE FOR AN INJUNCTION BY TRUSTEE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 259.) United States District Court, Ordered, that the trustee herein, , attorney for the said 19..., and upon all the proceedings had ... show cause at a Stated Term of this court appointed to be held at the United States Court House in day, or as soon thereafter as counsel can be heard, why he should not be stayed, enjoined and restrained from removing, disturbing or disposing of the following property: (Here enumerate acts) and from interfering with or disturbing the trustee herein, in any other way in his possession of the assets of the said bankrupt: and it is further Ordered, that until the determination of this order to show cause the said his attorneys, agents and employees are stayed, enjoined and restrained from removing, disturbing or disposing of ... or otherwise interfering with or disturbing the said trustee in his possession of the assets herein; and it is further Ordered, that service on or before. 19..., of a certified copy of this order, together with copy of the petition, on the said Dated shall be sufficient. 19... D. J. Form No. 305 REFEREE'S STAY AND SHOW CAUSE OTHER THAN AGAINST SUITS At a Court of Bankruptcy, held in and for the District ..day of IN THE MATTER OF In Bankruptcy No. Bankrupt. Application having been made for a writ of injunction directed and it appearing that the same should be heard and decided by the judge, and that the said while; now, on motion of be so restrained mean Esq., attorney for the petitioner, It is ordered: his attorneys, agents, and servants, be, and they are and each of them is hereby restrained and enjoined from 58 ... until the hearing and decision of the show cause hereinafter ordered. That the said ... Court Room, in the the ... day of .... show cause, before the Hon. District Judge, at the United States District of in said district, on 19... o'clock, ....M., or as soon thereafter as counsel can be heard, why a writ of injunction should not issue out of said court restraining and enjoining him, the ery to him personally of a copy of the same and of the petition on 57. Make this recital fit the prayer of the petition. 58. Here state the acts or transac tions which are enjoined. 59. Or until a time certain, specifying it, or "until further order." 66 on 66 60. Or on Esq., his attorney of record," if any; or either or both the said .... and his attorney," as the court may direct. .... which it is granted within hereinbefore mentioned, be sufficient. days previous to the day last Referee in Bankruptcy. Cross-references.- See Mueller v. Nugent, 184 U. S. 1, 7 Am. B. R. 224, and consult generally "Injunctions other than against Suits" in § 2, ante. If a show cause is not thought necessary use Form No. 337, or if the local practice does not call for the issuance of the writ of injunction, draw a referee's order restraining and enjoining the person named as suggested by the words of this form. Service should never be by mail, or on any person other than here specified. Form No. 306 REFEREE'S ORDER THAT WRIT OF INJUNCTION ISSUE At a Court of Bankruptcy, held in and for the District ...day of IN THE MATTER OF In Bankruptcy No. Bankrupt. to Application having been made for a writ of injunction directed. of the district, restraining him from 61. and it appearing that the same should be granted by the referee and not by the judge; on motion of for ... 62 pearing for the said consenting), It is ordered: 63 and 61. See foot-note 57, to Form No. 305. 62. If brought on before the referee by stipulation (see Form No. 311) strike out this clause and substitute for |