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And petitioner prays for such other and further relief as may be necessary in the premises.

Attorney for Petitioner.

[Verification.]

Petitioner.

Form No. 318

ORDER VACATING STAY AND PERMITTING JUDGMENT AGAINST

BANKRUPT

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 265.)

At a stated term of the District Court of the United States, held in and for the ... District of ...

at the Court House in the City of

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cause having been issued in the above entitled proceeding, and in the
above court, why an order should not be made and entered, restrain-
ing and enjoining
his attorneys, agents and servants
and each and all of them from taking any further steps or proceed-
ings of any kind or character whatsoever in a certain action pending
Court of the State of

in the

....

county, in which action ...

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the bankrupt herein is plaintiff is the defendant, and from moving to confirm any .., referee, and from entering any

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judgment against

the bankrupt herein, in the

said action and

....

were not contested and were

Whereas, it appears from the facts contained in the decision of the referee appointed to hear and determine this action in the Court that certain notes of .... conceded to have a valid consideration and it appearing also from the affidavit of.......... verified on file in opposition to

......

this order to show cause, that the decision of the referee and all the fees and disbursements of the referee and all the costs of the attorneys for the defendant were made and incurred prior to .....

the date of the referee's report which was filed and served upon the bankrupt's attorney on or about that date, and several days prior to the application to the bankruptcy court which was granted and entered on and after reading and filing the petition herein for the said order to show cause returnable before the Court on the ........ day of ..... 19. ..., and upon reading and filing the summons and complaint and the referee's report; the certificate of the referee as to costs; the notice of motion for judgment, and the copy of said judgment, now, on motion of attorney for

Court and after hearing

in opposition thereto, it is hereby

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in this

attorney for...

Ordered, adjudged and decreed, that the order of this Court made

so far as to permit

costs in said action.

19...., be and the same hereby is vacated in to take final judgment with

D. J.

SUBDIVISION IX

DISCHARGE OF BANKRUPT

The following Official Forms, ante, should be consulted in connection with those given below, Nos. 57 and 59.

FORM No. 319. Order to show Cause thereon, 2540.

320.

Affidavit of mailing Petition for Discharge, 2541.

321.

322.

Notice for Publication of Application for Discharge, 2542.
Referee's Certificate on Discharge, 2543.

323. Referee's Certificate of Conformity on Discharge. (Second

Form), 2544.

324. Notice of Appearance of objecting Creditor, 2545.

325.

Affidavit that no Specifications have been filed, 2547.

FORM NO. 326.

327.

Specifications of Objection to Discharge, 2548.
Exceptions to Specifications, 2561.

328. Petition to amend Specifications, 2563.

329.

Order authorizing Trustee to file Objections to discharge, 2565.

330. Order of Reference to Special Master, 2566.

331. Notice of Hearing before Special Master, 2567.

332. Report of Special Master upon Specifications, 2568.

333. Order opening Default on Discharge Proceedings, 2571.

334. Order denying Discharge after Reference to Special Master, 2572.

335. Petition for Extension of Time to apply for Discharge, 2574. 336. Referee's Certificate on Application for extension of time, 2575. Order extending Time to apply for a Discharge, 2576.

337.

338.

Petition to revoke Discharge, 2577.

339. Order revoking Discharge, 2578.

340. Order to show cause in State Court why judgment should not be stayed because of discharge, 2580.

341. Affidavit for Cancellation of a Judgment against Bankrupt
(New York Practice), 2582.

342. Order canceling Judgment. (New York Practice), 2583.
343. Replication of Fraud to Plea of Discharge, 2586.

Form No. 319

ORDER TO SHOW CAUSE ON APPLICATION FOR DISCHARGE

In the District Court of the United States for the

.. District

of

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

Whereas, application has been made by the above-named bankrupt for a discharge, as provided by § 14-a of the bankruptcy law of 1898; now, on motion of

rupt,

It is ordered:

Esq., attorney for such bank

That all creditors of 8

85

..., a bankrupt, as well

as all other parties in interest, show cause, at a hearing to be had on

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such application before the District Court of the United States for the ........ District of

.........

at

......

.., in said district, on the .... day of

......

.........

in the ........ of 19..., at .. o'clock, .. M., or as soon thereafter as such hearing may be had, why such application should not be granted.

...

That notice of such hearing be given by mailing a copy of this order at least ten days prior to the date set for such hearing to each of the creditors, parties in interest and attorneys 86 entitled to notice of proceedings herein, and by publishing a copy hereof in the designated newspaper of the county district of such bankrupt's residence, not later than one week prior to such date.

87

That such notice be so given by or under the direction of, the referee in bankruptcy in charge of this proceeding.s Witness, the Honorable

....

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Judge of the said

in said district,

{

Seal of

the court. S

Clerk.

Cross-references.-See §§ 14 and 58, ante.

This form is intended as a substitute for the "Order of Notice" which is a part of Form No. 57. For criticisms of same, see §§ 14 and 58.

Form No. 320.

AFFIDAVIT OF MAILING PETITION FOR DISCHARGE
(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 268.)

In the District Court of the United States,

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Bankruptcy, and am more than eighteen years of age; on the day of...

in said

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.....

19..., I deposited in the Post Office

of

....

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copies of the annexed petition for discharge and order thereon to show cause, each contained in a securely closed envelope, franked by proper notice of official business whenever addressed to a place within the United States, and duly postpaid whenever addressed to a place without the United States, and duly directed respectively to each of the creditors of said bankrupt named in the schedules filed herein, at the respective addresses stated in said schedules, except in the cases, if any, in which the address of the creditor is stated in said schedules to be unknown, or where the creditor has designated an address other than that stated in said schedules, and in such case to such designated address as on file herein.

Subscribed and sworn to before me this

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NOTICE FOR PUBLICATION OF APPLICATION FOR DISCHARGE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 269.) United States District Court,

District of

IN THE MATTER OF

In Bankruptcy No.

.....

Bankrupt.

Notice is hereby given that

filed his petition, dated

bankrupt, has

19..., praying for a discharge from all his debts in bankruptcy, and that all creditors and other persons are ordered to attend at the hearing upon said petition before the United States District Judge, in the United States Court House, county of....

in the city of

on

19...., at ... . M., and then and there show cause, if

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