It is hereby stipulated that the order to show cause previously granted herein, returnable before the Honorable District Judge, on the ...... day of 19..., may be brought on before and be determined by in the Esq., Referee in Bankruptcy, who granted the same, instead of said judge; and that the same may be moved before said referee at in said district, on the ... day of o'clock, .... M. Dated, of 19..., at 19... Attorney for Cross-references. Attorney for This form will be found useful when the residence of the judge is in another division or county from that of the bankrupt, Consult, generally, § 11 and Forms Nos. 309, 310, 312, 313, and the foot-notes thereto. Form No. 312 DECISION AND REPORT OF REFEREE ON APPLICATION FOR STAY STIPULATED BEFORE HIM Application having been made for a stay directed to.. entitled plaintiff in an action in the ... ........ V. .......... ........ Court of and a temporary stay having been previously granted, and the said ....... ordered to show cause before the district judge why such stay should not be continued, and such show cause having been moved before me, on stipulation of all parties, and the petitioning bankrupt appearing by .... said Esq., his attorney; It is hereby found and recommended that an order be entered 78 directing a writ of injunction to issue to .... restraining and enjoining him from further proceedings in said suit in particular 79 until twelve months after the date of the adjudication herein, unless the said bankrupt shall, previous to that time, apply for a discharge, and then until the question of such discharge shall be determined. Herewith are handed up the petition and other papers used on such application and show cause. Respectfully submitted, Dated, Referee in Bankruptcy. 19... Cross-references.-This form fits into Form No. 311, which, and the foot-notes thereto, see. Compare also Forms Nos. 309, 311, 313. Consult, generally, § 11. 78. If the recommendation is against the continuance of the stay, stop here, and add: "denying such application and vacating the temporary stay previously granted herein." 79. Here specify the particular act to which the stay is mainly directed, Form No. 313 ORDER THAT WRIT OF INJUNCTION ISSUE In the District Court of the United States Whereas application has been previously made herein for a stay in Bankruptcy, and such application has been argued in the first instance, by stipulation, before such referee, and he having reported in favor of such stay; now, on motion of 81 Esq., attorney for the petitioner, and 1 after hearing Esq., attorney for said 82 It is ordered: opposed; That such report and recommendation be approved, and that a writ 83 of injunction issue, directed to re straining and enjoining him from further proceedings in such suit, in particular form, 84 until twelve months after the date of the adjudication herein, unless the said bankrupt shall, previous to that time, apply for a discharge, and then until the question of such discharge shall be determined. Witness the Honorable Judge of said court in said district, this and the seal thereof, at the city of day of ... 19... Cross-references. To be used only in cases where the referee grants a tem porary injunction with show cause. See Form No. 310. It is thought also 80. Or "against the continuance." 81. Strike out to end of paragraph if there is no appearance in opposition. 82. If the application is denied, follow foot-note 68, Form No. 307. 83. For form of writ, see works on Federal Practice. 84. Here specify the particular act to which the stay is directed. that the referee can on a stipulation bringing the show cause on before him, issue an order directing the clerk to issue the writ, thus avoiding the circumlocution resulting from Form No. 312. If so, Form No. 313 can be adapted to the usual form of a referee's order; see Form No. 306. Consult, generally. § 11. Form No. 314 ORDER STAYING SUIT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 261.) At a Stated Term of the District Court of the United States for the...... District of held at the on 19... District Judge. IN THE MATTER OF Bankrupt. No. On reading and filing the affidavit of herein, verified ..... bankrupt 19..., the adjudication in bank ruptcy and all proceedings herein, and on motion of ..... attorney for the said bankrupt, it is Esq., and all other persons be erally restrained and enjoined and they hereby are jointly and sevfrom proceeding with or taking any further proceedings in a certain action, now pending in the Court, .... County, wherein the said is the plaintiff, and the bankrupt herein is the defendant, or in a proceeding supplementary to execution in said action, until twelve months after 19..., the date of the adjudica tion of the above named bankrupt, or if within that time the bank rupt above named applies for a discharge, then until the question of such discharge is determined. Cross-reference.-See, generally, § 11. D. J. Form No. 315 AFFIDAVIT BY BANKRUPT TO STAY SUPPLEMENTARY PROCEEDINGS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 262.) United States District Court, for the 1. That on the .... day of ... 19..., deponent filed a voluntary petition in bankruptcy in this court and on the same day was duly adjudicated a bankrupt. 2. That prior to the filing of said petition in bankruptcy, of ponent in the Supreme Court of and on .... 19..., an order was obtained a judgment against deCounty, 19..., said judgment was duly docketed. That execution was subsequently issued and returned unsatisfied. That on the ................... day of ..... issued in supplementary proceedings out of the .. Court, County, ordering and requiring deponent to appear for examination at (Special Term, Part II,) of said court, on the .... .. day of 19..., and make discovery on oath concerning his property, and also enjoining deponent from transferring or making any disposition of the property belonging to him, not exempt by law from execution, or in any manner interfering therewith until further order in the premises. That said ........ |