any they have, why the prayer of said petitioner should not be granted, and also attend the examination of the bankrupt thereon.

Dated

....

19...

Referee in Bankruptcy.

See, section 58-a (9). Amendments of 1910.

[In Southern District of New York by Special Rule.]

United States District Court,

Southern District of New York:

Notice is given that

discharge from all his debts.

',

bankrupt, has applied for a Creditors and parties interested are

ordered to attend before this Court, in the Post-Office building,

Manhattan, New York, on

19..., at 10.30 A. M.

there to show cause why discharge should not be granted.

Referee in Bankruptcy.

Form No. 322

REFEREE'S CERTIFICATE ON DISCHARGE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 270.)

Referee in Bankruptcy, to whom the above entitled proceeding was duly referred by order of this court, do hereby

I,

.

Certify that the foregoing is a record of the proceedings had before me in the above entitled proceeding, and I further certify that the schedules disclose ... ... assets not exempt by law and that .. trustee has been appointed herein, nor is any ap

plication for the appointment of a trustee pending; that the first meeting of creditors was held before me on

19..., and that the examination of the bankrupt thereon has

.. been closed,

I further certify and report that, so far as appears by the record herein, said bankrupt has in all things conformed to the requirements of the United States Bankruptcy Act and has committed none of the offenses and done none of the acts prohibited in sub-division b of Section 14 of said act as amended, and is in my opinion entitled to his discharge,

And I further certify that the following is an itemized statement of the sums deposited with me as indemnity herein and of the items of charges against the same and of the balance remaining in my hands.

Dated

19..

Referee in Bankruptcy.

[Referee's Indemnity Account as required by District rule.]

Form No. 323

REFEREE'S CERTIFICATE OF CONFORMITY ON DISCHARGE
-(SECOND FORM)

In the District Court of the United States for the ..... District

That I have given the notice of the hearing on the application of the bankrupt for a discharge, as directed by an order dated the.... day of ..... 19..., herein, as appears by the affidavit of mail

ing

88

and the affidavit of publication, hereto attached and

made a part hereof.

That, from the files and record-book of this proceeding, it appears was adjudicated bankrupt herein on the .... day

that

That the administration of said bankrupt's estate is closed.89 That from such files and record-book, it satisfactorily appears that such bankrupt has not committed any of the offenses or done any of the acts which would be an objection to his discharge, and that, in my opinion, such application should be granted."0

Cross-references.-Consult § 14, generally, for practice. See also forms just ante and post.

This form conforms to the practice in those districts where the referee, and not the clerk, gives the notice of application for a discharge. It is usually drawn by the referee.

Form No. 324

NOTICE OF APPEARANCE OF OBJECTING CREDITOR

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 272.)

To the District Court of the United States for the

trict of

:

dividend."

Dis

88. Or my certificate of mailing amination is completed;" or "to a first if the referee mails the notices himself 89. Or, if the case is not closed, state the facts, as: "not closed, but has proceeded to a first meeting and choice of trustee, and the bankrupt's ex.

90. If the contrary is true, or there is any reason why the hearing should be postponed, state the facts and make the proper recommendation.

The Clerk of this Court will please enter my appearance as attorney for ... a creditor of ...

of .....

the bankrupt herein, who desires to file specifications of objection to the discharge of the bankrupt herein (and demands an examination of the bankrupt for the purpose of framing specifications).

Cross-references.- Consult, generally, § 14, ante. See also General Order XXXII, for time within which this appearance must be entered, and compare Equity Rule XVII, Vol. IV, post.

Appearance of objecting creditor. [See § 14, ante.]

In re Ginsberg, 12 Am. B. R. 459; 130 Fed. 627.

Must be entered on return day.

In re Grant, 14 Am. B. R. 398, 135 Fed. 889.

In re Holman, 1 Am. B. R. 600, 92 Fed. 512.

In re Young, 20 Am. B. R. 697, 162 Fed. 912.

In re Barrager (D. C., Ia.), 27 Am. B. R. 366, 191 Fed. 247.

When creditors objecting to bankrupt's discharge filed specifications before the return day held immaterial that they failed to enter an appearance on return day as required by the General Order, as such filing is equivalent to an appear

ance.

In re Magen Bros. Co. (C. C. A. 3rd Cir.), 27 Am. B. R. 729, 192 Fed. 883, 113 C. C. A. 207.

Waiver by appearance.

In re Churchill (D. C., Wis.), 28 Am. B. R. 607, 197 Fed. 111.

In re Casey (D. C., N. Y.), 28 Am. B. R. 359, 195 Fed. 322.

Form No. 325

AFFIDAVIT THAT NO SPECIFICATIONS HAVE BEEN FILED

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 273.)

being duly sworn deposes and says:

1. That he is the attorney for the bankrupt herein.

2. That on the

........

.........

.. day of ..... 19...., the application of the bankrupt above named for a discharge was on the calendar of this court and duly called; that

and

creditors appeared on said day and filed notices of appearance and were required to file specifications of objection within ten days which have now expired.

3. That deponent has searched in the clerk's office herein and finds that no specifications have been filed in said proceeding.