order in supplementary proceedings was obtained at the instance of the said judgment creditor.

3. That the said judgment is upon a claim in contract not founded upon fraud or false representation from which a discharge in bankruptcy would be a release; that deponent has not yet appeared for examination, nor is he in default therein. That inasmuch as deponent has been adjudicated a bankrupt herein, in which proceeding any creditor may obtain a desired examination, he believes that the examination in supplementary proceedings at the instance of said creditor, set for 19..., at M., is unnecessary, and that deponent ought not to be harassed by same, and that said examination should be stayed until twelve months after the date of adjudication herein, and if within said time. deponent applies for a discharge, then until the question of such discharge is determined; and that such judgment creditor,

.., and his attorney,

...

.., Esq., and all other persons be stayed and enjoined from taking any further or other proceedings in said action.

No previous application has been made for the order asked for herein.

AFFIDAVIT TO STAY SALE BY TRUSTEE OF MORTGAGED PROPERTY AND TO MODIFY INJUNCTION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 263.)

United States District Court, for the

Company has made a motion for the modification of an injunction order herein, so as to render available its remedies under a chattel mortgage held by it against the bankrupt's estate. That the papers on said motion other than those on file herein are hereto annexed. The deponent makes said papers part of this application in the same manner as if here set out in full. That on

19..., deponent received a notice of sale of the estate of the above named bankrupt including the property covered by the said mortgage, which sale is to take place on the ....... day of

...

...

19... That the Company has a subsisting right to enter into the possession of the chattels covered by the said mortgage and foreclose the said mortgage. That the order of which the ... Company desires a modification prevents any interference with the estate of the bankrupt, and has therefore prevented the .... Company from enforcing its remedy as against the said mortgaged chattels; that the motion to permit the Company to enforce its claim is returnable on the day of ..... 19..., which date is after the time for which the sale of the bankrupt's estate by the trustee is noticed to take place; that if the trustee of the said bankrupt is permitted to offer the chattels covered by the mortgage of the

.. Company for sale, the said chattels may be removed from the place in which they are now located and the remedy of .. Company, by foreclosure or otherwise, greatly impaired, if not entirely lost; that the said chattel mortgage held by Company contains a license to the mortgagee to enter into the premises and take possession of the said mortgaged property after breach of the condition of the mortgage; that if the said property is sold by the trustee on the date fixed, the Company may be unable to assert its remedy of entering into possession. That the notice of the proposed sale by the trustee mentions no liens or encumbrances upon any of the chattels to be sold and does not purport to give notice of a sale of the equity of redemption merely, or of the chattels subject to the lien of the mortgage or the title of Company. That the condition of the mortgage held by said Company having been broken, the title to the mortgaged chattels became and is now absolute in .... Company subject only to a possible equity of redemption belonging to the bankrupt or his trustee. That no notice of application by the trustee for leave to make the sale has ever been given to the mortgagee, its successors or assigns, and that the proposed sale, so far as it affects chattels covered by said mortgage, is unauthorized by law and in violation of the rights and

Company. That

Com

title of .... pany has not consented and does not consent to a sale by the trustee free of its title and lien, or subject thereto. That if a sale were effectually made by the trustee in one lot or in separate pieces free of said Company's claim and title, there would probably arise a large deficit and the rights of the Company would be greatly impaired. That if a sale were effectually made subject to the interest of Company, the value of the mortgaged chattels would be greatly depreciated, and in deponent's judgment the chattels would be rendered unsalable, and if removed from the premises by separate purchasers the remedy of ... Company would be greatly impaired if not wholly destroyed.

Deponent therefore applies for an order of this court restraining and enjoining Esq., trustee herein of the said bankrupt, his attorneys, agents or servants, from selling any of the property of the said bankrupt mentioned in the said mortgage held by Company and on the premises of the said

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 264.)

To the Honorable Judge of the District Court of the United States.

petitioner

.., being then the owner in fee of certain par

premises by an instrument in writing to bankrupt herein, for a term of

....

....

the

years, at the yearly rent of dollars ($...) to be paid in equal monthly payments in advance on the first day of each month in the said term, which the said lessee, .., in and by said lease agreed to pay, and the said in and by said lease also agreed, as additional rent for the said premises, to bear, pay and discharge all taxes and assessments of every nature and kind which might during said demised term be assessed, levied, confirmed or imposed upon said premises, or any part thereof, and also all such taxes, rents or charges as should during such demised term be charged, levied or imposed upon said premises, or any part thereof, whether such rents or charges constitute liens upon the real estate or not, and that the payment of each and every tax and assessment assessed, confirmed, levied or imposed upon said demised premises should be made to the proper officer constituted by law to receive the same within thirty days after the date when such payment would be received by such officer, and that if any such taxes or assessments should not have been paid within the time so provided, that the said lessor might himself pay the same, together with any interest or penalty that might have accrued thereon, and that the amount so paid by said lessor should become due and be payable by the said lessee with the next monthly, or any other subsequent instalment of said rent which should become due after such default on the part of the said lessor.

2. That the said ....

duly entered into the occupation of the said demised premises under the said lease and still remains in the occupation thereof, except as hereinafter stated.

annual rent of

first day of..

........

.....

3. That on the first day of 19..., there was due to your petitioner under and by virtue of said lease, the sum of .............. .... dollars ($........), being the monthly instalment of the said dollars ($....) which fell due on the said 19..., for the month of ..... 19..., and the further sum of dollars, additional rent, being the regular annual tax imposed or levied upon the said premises for the year 19..., which the said ... .., failed to pay as provided in and by the said lease, and which your petitioner himself paid, as provided in said lease, as hereinabove stated and which sum by the terms of the said lease accordingly fell due to your petitioner from the said on the .... day of ..... 19... 1. That payment of the said sums so due and payable has been du'y

demanded since the same became due; that no part thereof has been paid and your petitioner, being still the owner in fee of the said premises, desires to institute proceedings under the laws of the State of to dispossess the said and all his under-tenants and each and every person in possession of the said premises or claiming possession thereof by or through the said or his under-tenants, assigns, legal representatives or otherwise, which proceedings it is proposed to institute in the Court of the City of where the

said premises are situated.

19...,

5. That your petitioner is informed and believes that on or about the .. day of .... Esq., was appointed herein receiver of the entire assets, estate, property and business of the said bankrupt, and that in and by the order appointing the said ... such receiver, said

receiver was directed to take immediate possession of such assets, and all persons were thereby restrained from interfering with the control and possession of the said estate by the said receiver in any manner whatsoever; that, as your petitioner is informed and believes, the said receiver, assuming to act under the said order, is now in possession as such receiver of the said premises covered by the lease hereinabove described, and your petitioner is advised by counsel that the said receiver, and any trustee in bankruptcy of the said. who may hereafter be elected or appointed herein during the pendency of said dispossess proceedings, are necessary parties to said dispossess proceedings, and that before instituting such dispossess proceedings, it is necessary for your petitioner to obtain an order. from this Honorable Court granting leave to him to make such receiver and trustee parties to such dispossess proceedings and modifying the injunction contained in said order of

......

19..., for the purpose of enabling dispossess proceedings to be brought and executed.

Wherefore, petitioner prays that an order be entered herein. authorizing and permitting him to institute and prosecute such dispossess proceedings, with leave to make the said receiver and any trustee in bankruptcy of the said who may here

after be appointed or elected herein during the pendency of such dispossess proceedings, parties thereto, and modifying the injunction. contained in the order of.... 19..., herein, by permitting the institution and prosecution of such dispossess proceedings.