Form No. 328 PETITION TO AMEND SPECIFICATIONS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 276.) To the District Court of the United States for the Dis 1. That he is an objecting creditor herein, whose claim has been duly filed and allowed. 2. That day of debts. was duly adjudicated herein on the..... 19..., and thereafter on the .... day of 19.... filed his petition praying for a discharge from his 3. That your petitioner on the ..... day of ... 19..., duly filed specifications of objection to such discharge upon the following grounds: 4. That the bankrupt has excepted to the specification numbered on the ground that "same is indefinite, too general and does not make sufficient averment of fact." 5. That since your petitioner verified and filed his said specifications, additional facts as to the bankrupt's acts, conduct and property, have come to his knowledge, and petitioner is desirous of amending his said specifications in the following particulars: a. By adding more specific averments of fact to specifications numbered b. By adding to said specifications, a new specification based upon the following facts discovered by petitioner since the filing of said specifications. 6. That no previous application has been made for this order. Wherefore, your petitioner respectfully prays for an order permitting him to amend his said specifications as above set forth, and for such other and further relief as may be just and proper. Petitioner. [Verification.] Amendments of specifications.— [See § 14, ante.] In re Quackenbush, 4 Am. B. R. 274, 102 Fed. 282. In re Nathanson, 18 Am. B. R. 252, 152 Fed. 585. In re Osborne (C. C. A., 1st Cir.), 8 Am. B. R. 165, 115 Fed. 1, 52 C. C. A. 595. In re Hendrick, 14 Am. B. R. 795, 138 Fed. 473. In re Wittenberg, 20 Am. B. R. 398, 160 Fed. 991. In re Holman, 1 Am. B. R. 600, 92 Fed. 512. In re Glass, 9 Am. B. R. 391, 119 Fed. 509. In re Hanna (C. C. A., 2d Cir.), 21 Am. B. R. 843, 168 Fed. 238, 93 C. C. A. 452. When conforming to proof should be permitted. In re Mintzer, 28 Am. B. R. 743, 197 Fed. 647. Motions to amend should be made before the judge. In re Peck, 9 Am. B. R. 747, 120 Fed. 972. Referee no power to grant. In re Wolfensohn, 5 Am. B. R. 60. In re Kaiser 3 Am. B. R. 767, 99 Fed. 689. When amendment not allowed. In re Bromley, 18 Am. B. R. 227, 152 Fed. 493. When there has been laches. Kentucky Nat. Bank v. Carley (C. C. A., 3d Cir.), 10 Am. B. R. 375, 121 Fed. 822, 58 C. C. A. 158. Adding a new issue not embraced within original specifications and when the time limited by General Order XXXII has expired. In re Johnson (D. C., So. Dak.), 27 Am. B. R. 644, 192 Fed. 356. In re Osborne (C. C. A., 1st Cir.) (supra). In re Baldwin, 9 Am. B. R. 591, 119 Fed. 796. In re Servis, 15 Am. B. R. 271, 140 Fed. 222. In re Baerncopf, 9 Am. B. R. 133, 117 Fed. 975. Form No. 329 ORDER AUTHORIZING TRUSTEE TO FILE OBJECTIONS TO BANKRUPT'S DISCHARGE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 277.) trustee in bankruptcy herein having made application for leave to interpose objections to the discharge of the bankrupt herein and a meeting of creditors having been duly called and held herein and the said creditors having voted at said meeting to authorize the trustee to file such objections, it is on motion of .... attorney for said trustee, Ordered, that trustee herein be and he hereby is authorized to interpose specifications of objection to the discharge of the bankrupt herein. Dated 19... Referee in Bankruptcy. [See § 14-b (6), ante.] When trustee may file specifications. When trustee may file "as a party in interest." In re Levey, 13 Am. B. R. 312, 133 Fed. 572. In re Hockman (D. C., Pa.), 30 Am. B. R. 921, 205 Fed. 330. In re Reiff, 29 Am. B. R. 753, 205 Fed. 399. Power of referee to impose terms. In re Churchill (D. C., Wis.), 28 Am. B. R. 603, 197 Fed. 114. Form No. 330 ORDER OF REFERENCE TO SPECIAL MASTER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 278.) Application having been made by the above named bankrupt for a discharge herein and a hearing held thereon, and a creditor of said bankrupt, having appeared by Esq., his attorney, in opposition, and filed specifications of objection thereto; now, on motion of Esq., attorney for Ordered, that the issues raised by such application and such specifications of objection be referred to special master, for examination, testimony and report. Witness, the Honorable and the seal thereof, at the city of Esq., as Judge of the said court, in said district on the ........ day of 19... " D. J. Cross-references.- See §§ 14 and 38, ante. This form will not be used if the judge determines to hear the matter himself. Reference to special master.- General Order XII (3). Referee as such, no jurisdiction. Therefore it is almost universal to refer contested discharges to him as Special Master to hear and report In Southern District of New York and other districts, the order of reference is stamped on the papers, in others an order of reference as above is used. Fellows v. Freudenthal, 4 Am. B. R. 490, 102 Fed. 731; In re McDuff, 4 Am. B. R. 110, 101 Fed. 241; In re Rauchenplat, 9 Am. B. R. 763. In re Johnson, 19 Am. B. R. 814, 158 Fed. 342. In re Elby, 19 Am. B. R. 734, 157 Fed. 935. Judge may in his discretion appoint a person other than the referee in charge of proceeding to hear same. In re Gillardon (D. C., Pa.), 26 Am. B. R. 103, 187 Fed. 289. Special Master may pass on relevancy of testimony or materiality of evidence. In re Kaiser, 3 Am. B. R. 767, 99 Fed. 689. Special Master entitled to reasonable compensation. Form No. 331 NOTICE OF HEARING BEFORE SPECIAL MASTER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 279.) Please take notice that the issues raised by the specifications of objection to the discharge of the above named bankrupt, filed by have been duly referred to Esq., as special master (or referee) for examination, testimony and report and that a hearing will be held upon said specifications at the office of the said special master (or referee) No. city of .... on the ........ day of ... .... 19..., at ...... o'clock ... M., and a motion made to dismiss the said specifications, and for such other and further relief as to the court may seem just and proper. In the Eastern District of New York it is the duty of the objecting creditors to bring on the hearing before special master. See Rule XLI, Eastern District, New York. In re Eldred, 18 Am. B. R. 243; 152 Fed. 491. By rule XIII in Southern District of New York the bankrupt must bring on the hearing within 30 days. Evidence. Upon the hearing, the testimony of witnesses other than the bankrupt himself taken at first meeting or elsewhere is inadmissible in support of specifications. |