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In re Trayna & Cohn (C. C. A., 2d Cir.), 27 Am. B. R. 594, 195 Fed. 486, 115 C. C. A. 396.

"Suits," broad interpretation.

In re Hicks (D. C., N. Y.), 13 Am. B. R. 654, 133 Fed. 739.

Duration of stay.

If made prior to adjudication runs until after an adjudication or the dismissal of the petition.

If after adjudication the stay may be continued until, "twelve months after the date of such adjudication or if within that time such person applies for a discharge, then until the question of such discharge is determined."

In re Rosenthal, 5 Am. B. R. 799, 108 Fed. 368.

In re Flanders, 10 Am. B. R. 379, 121 Fed. 236.

In re Federal Biscuit Co. (C. C. A., 2d Cir.), 32 Am. B. R. 612, 214 Fed. 221, 130 C. C. A. 635.

[See Rule IX, So. Dist. N. Y.]

When to be exercised and when not.

Southern Loan & Trust Co. v. Benbow, 3 Am. B. R. 9, 96 Fed. 514.

In re Globe Cycle Works, 2 Am. B. R. 447.

In re Mercedes Import Co. (C. C. A., 2d Cir.), 21 Am. B. R. 590, 166 Fed. 427, 92 C. C. A. 179, revg. s. c. 20 Am. B. R. 648.

Stay of action against bankrupt for legal services.

Gleason v. Thaw (C. C. A., 3d Cir.), 185 Fed. 345, 107 C. C. A. 463, affg. In re Thaw, 24 Am. B. R. 759.

If property has come into the possession of the Bankruptcy Court any suit or proceeding tending to interfere with such possession may properly be stayed. In re Tomlinson (D. C., N. Y.), 27 Am. B. R. 780, 193 Fed. 101. Applies to both voluntary and involuntary bankruptcy.

In re Geister, 3 Am. B. R. 228, 97 Fed. 322.

Attachment suit within four months.

In re Federal Biscuit Co. (C. C. A., 2d Cir.), 29 Am. B. R. 393, 203 Fed. 37, 121 C. C. A. 373; distg. In re Mercedes Import Co., 21 Am. B. R. 590, 166 Fed. 427, 92 C. C. A. 179.

Includes, "Supplementary Proceedings."

In re De Long, 1 Am. B. R. 66.

In re Fortunato, 9 Am. B. R. 630, 123 Fed. 622; In re De Lany & Co., 10 Am. B. R. 634, 124 Fed. 280; In re Burke, 19 Am. B. R. 51, 155 Fed. 703; In re Kletchka, 1 Am. B. R. 479, 92 Fed. 901.

Stay of supplementary proceedings under judgment not dischargeable in bankruptcy will not be granted except in so far as such proceedings interfere with the due administration under the Bankruptcy Act.

In re Munro, 28 Am. B. R. 369, 195 Fed. 817.

May be granted to stay execution to reach bankrupt's salary under § 1391, Code of Civil Procedure (N. Y.), until question of discharge is determined. In re Van Buren (D. C., N. Y.), 20 Am. B. R. 896, 164 Fed. 883. In re Harrington (D. C., N. Y.), 29 Am. B. R. 666, 200 Fed. 1010.

In re Sims, 23 Am. B. R. 899, 176 Fed. 645; apparently overruling In re Driggs, 22 Am. B. R. 621, 171 Fed. 897.

Should not be granted in suits upon non-dischargeable claims.

Mackel v. Rochester, 14 Am. B. R. 429, 135 Fed. 904. Action for deceit Tindle v. Birkett, 18 Am. B. R. 121, 205 U. S. 183, 51 L. Ed. 762, affg. 15 Am. B. R. 179; In re Lawrence, 20 Am. B. R. 698, 163 Fed. 131.

In re Clipper Mfg. Co. (C. C. A., 2d Cir.), 24 Am. B. R. 683, 179 Fed. 843, 103 C. C. A. 260.

Nor judgment creditor's suit begun more than four months before bankruptcy. Metcalf v. Barker, 9 Am. B. R. 36, 187 U. S. 165, 47 L. Ed. 122, revg. In re Lesser Bros. (C. C. A., 2d Cir.), 5 Am. B. R. 320.

A replevin creditor. In re Russell (C. C. A., 2d Cir), 3 Am. B. R. 658, 101 Fed. 248, 41 C. C. A. 323.

A fine imposed by a State court for contempt is not a dischargeable debt and a court of bankruptcy will not stay proceedings against the bankrupt for its enforcement.

In re Koronsky (C. C. A., 2d Cir.), 21 Am. B. R. 851, 170 Fed. 719, 96 C. C. A. 39.

Iu re Hall (D. C., N. Y.), 22 Am. B. R. 498, 170 Fed. 721.

When stay of stockholder's action denied.

In re United Wireless Telegraph Co., 28 Am. B. R. 394, 196 Fed. 153.

When State court has first acquired jurisdiction.

Hull v. Burr (C. C. A., 1st Cir.), 30 Am. B. R. 588, 206 Fed. 1, 124 C. C. A. 135.

Sheriff's sale on execution.

In re Northrop, 1 Am. B. R. 427.

In re Baughman (D. C., Pa.), 15 Am. B. R. 23, 138 Fed. 742.

Alimony.

In Illinois, Bankruptcy Court will stay any proceeding in State court to collect alimony until question of discharge has been determined.

In re Challoner, 3 Am. B. R. 442, 98 Fed. 82.

Practice.

Application may be made to State court.

In re Geister, 3 Am. B. R. 228, 97 Fed. 322.

In re Pennsylvania Development Co. (D. C., Cal.), 33 Am. B. R. 759, 220 Fed. 222.

In making application to Federal court it matters not that the State court had previously denied a similar application by same petitioner.

New River Coal Land Co. v. Ruffner Bros., 20 Am. B. R. 100, 165 Fed. 881, 91 C. C. A. 559.

Petition should show that the proceeding is pending.

In re Goldberg, 9 Am. B. R. 156, 117 Fed. 692.

May be verified by attorney when reasons are stated.

In re Goldberg (supra).

Notice of application not necessary.

In re William E. Delaney & Co., 10 Am. B. R. 634, 124 Fed. 280.

Stays by referees. See, General Order XII, (3).

See Rule XXI, Northern and Western Districts of New York.

In re Berkowitz, 16 Am. B. R. 251, 143 Fed. 598; In re Steuer, 5 Am. B. R. 209, 214, 104 Fed. 976; In re Siebert, 13 Am. B. R. 348, 133 Fed. 781.

A mere adjudication in bankruptcy does not operate as a stay against prosecution of a claim.

Maas v. Kuhn (N. Y. App. Div.), 22 Am. B. R. 91, 130 App. Div. (N. Y.) 68, 114 N. Y. Supp. 444.

Verbal notice of an injunction held sufficient.

In re Krinsky Bros. (D. C., N. Y.), 7 Am. B. R. 535, 112 Fed. 972.
Blake v. Nesbet, 16 Am. B. R. 269, 144 Fed. 279.

In re Wilk, 19 Am. B. R. 178, 155 Fed. 943.

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Your petitioner respectfully shows:

That he was duly adjudicated a bankrupt 72 herein on the day of ...

tion for a discharge.

19..., and that he has not yet made applica

That, among your petitioner's debts scheduled herein, is one for ... dollars ($........), in favor of ....

and

that such debt is of such a nature that a discharge in bankruptcy, as provided in the bankruptcy law of 1898 as amended, would be a release.

That, at the time of the filing of the petition on which said adjudication was made, a suit was pending on such debt in the

Court of
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in said district, is the attorney of record of the plaintiff, and that the same is still pending therein; 73 and that, if

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is allowed to proceed, injury will be done your

petitioner, for the following reasons:

72. This petition can also be made by the petitioning creditors if before adjudication, and, if after, by the trustee, and, if the latter, the allegations should be changed so as to show the trustee's appointment and qualification, and injury to the estate of the stay is not granted. The form given applies only to a case where the bankrupt desires to prevent the entry of a Judgment.

73. Or in a proper case add: "that such suit has resulted in a judgment, against your petitioner and that there is now pending before

Esq., as referee, a proceeding supplementary to execution," or as the facts may be.

66

74. Suit" or "proceeding."

75. Or " 'your petitioner's estate in bankruptcy."

That no previous application has been made to this or any other court for the stay herein asked.

Wherefore, your petitioner prays that further proceedings in said suit may be stayed for the time prescribed in § 11-a of said law, in particular,

and for such further order as shall be just and lawful.

Dated,

19...

Petitioner.

[Add Verification as in Form No. 122.]

Cross-references.- See, generally, § 11, and compare § 2 and Forms Nos. 303, 305, 306, 307, and the foot-notes to such forms, especially cross-references to Form No. 303. Application may also be made for a stay of a suit begun after the bankruptcy (see, generally, § 11), though the power to grant it flows rather from § 2(15). If such an application is to be made this form can easily be adapted to fit the facts. The form here given refers only to a stay asked by the bankrupt. It can be varied to fit the very diverse facts on which these stays may be granted. Any other form would, in the nature of things, be a mere skeleton and of little value to the practitioner.

Form No. 310

REFEREE'S STAY AND SHOW CAUSE ON PENDING SUIT

At a Court of Bankruptcy, held in and for the

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Application having been made for an order staying further proceedings in a certain suit in the

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.. Court of ... and it appearing that the same

should be heard and decided by the judge and such proceedings stayed meanwhile; now, on motion of

torney for the applicant,

Esq.

It is ordered: That attorneys, agents, and servants, be, and they are, and each of them. is, hereby stayed from any further proceedings therein, in particular from

the plaintiff in said action, and his

until the hearing and decision of the show cause hereinafter ordered. That the said the plaintiff in such action, District

show cause before the Honorable

...

.....

....

Judge, at the United States District Court Room, in the of in said district, on the ...... day of 19..., at ... o'clock, ... M., or as soon thereafter as counsel can be heard, why this stay should not be continued for the space of twelve months from the date of the adjudication herein, or, if within. that time the said bankrupt shall apply for a discharge, then until the question of such discharge shall be determined; 76 and then and there also show cause, if any, why a writ of injunction should not issue out of and under the seal of said court accordingly.

.., the plaintiff,"

Let service of this order on said .... by delivering to him personally a copy of the same and of the petition on which it is granted, within last hereinbefore mentioned, be sufficient.

... days previous to the day

.....9

Referee in Bankruptcy.

If a show cause is not thought necessary use Form No. 313, 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.

... and his attorney," as the court

76. If a writ is not asked for, stop either or both the said this paragraph here.

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Esq., his

may direct.

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77. Or "on attorney of record," if any; or on

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