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: Bankruptcy.- No. Notice is given that .... discharge from all his debts. bankrupt, has applied for a Creditors and parties interested are 19..., at 10.30 A. M. ordered to attend before this Court, in the Post-Office building, Manhattan, New York, on 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.) I, .... Referee in Bankruptcy, to whom the above entitled proceeding was duly referred by order of this court, do hereby 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 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 28 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 that ...... That the administration of said bankrupt's estate is closed.89 day 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.00 Dated, ..... 19.... ..... Referee in Bankruptcy. 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 In the District Court of the United States, for the District of IN THE MATTER OF In Bankruptcy No. Bankrupt. To the District Court of the United States for the trict of 88. Or "my certificate of mailing 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 Dis amination is completed;" or "to a first dividend." 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. 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. |