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and party in interest herein, be, and the same hereby is, sustained. That the application of the said and the same hereby is, denied.

a bankrupt, be,

That 92 the objecting creditor herein recover and have judgment against the bankrupt for .. dollars ($........), being

.. dollars ($.....), less costs, and ....... dollars ($.....),

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Cross-references.- Consult § 14 and forms just ante and post.

This order is the converse of Form No. 59, and, in cases of hearings before a special master resulting in a report recommending a discharge and awarding costs, etc., can, it is thought, be adapted to it.

Findings of Special Master upon conflicting testimony not disturbed where there is sufficient testimony to support the findings.

In re Forth (D. C., N. Y.), 18 Am. B. R. 186, 151 Fed. 95.

In re Knaszak (D. C., N. Y.), 18 Am. B. R. 187, 151 Fed. 503.

Exceptions to report of Special Master must be filed within 20 days as per Equity Rules. Rules 66 (Rule in Washington).

In re Pierce, Jr., 32 Am. B. R. 96, 210 Fed. 389.

International Harvester Co. v. Carlson (C. C. A. 8th Cir.), 33 Am. B. R. 178, 217 Fed. 736, 133 C. C. A. 430.

Costs in discharge proceedings.—

In re Kyte (D. C. Pa.), 26 Am. B. R. 507.

Bragassa v. St. Louis Cycle, 5 Am. B. R. 700, 107 Fed. 77.

In re Miera (D. C., N. Y.), 27 Am. B. R. 870.

In re Amer et al., 228 Fed. 576.

92. If costs are allowed, add this.

Form No. 335

PETITION FOR EXTENSION OF TIME TO APPLY FOR DISCHARGE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 283.)

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That more than twelve and less than eighteen months have elapsed since the ........ day of 19..., the date petitioner

was adjudicated bankrupt.

That he was unavoidably prevented from filing an application for a discharge within twelve months after such adjudication for the

following reasons:

[State specifically.]

That he desires to file such application and obtain a discharge. That no previous application has been made for the order hereinafter asked.

Wherefore, your petitioner prays for an order extending his time to file such petition for discharge until the expiration of eighteen months from the date of such adjudication.

Dated

19...

[Verification.]

Cross-reference.-Consult § 14, ante, generally.

Petitioner.

Form No. 336

REFEREE'S CERTIFICATE ON APPLICATION FOR EXTENSION OF TIME

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 284.)

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That the above-named bankrupt was adjudicated herein on the .. day of ... 19...

That, from the files and records of such proceeding and any information possessed by me, there appears no reason why such bankrupt's petition for an extension of time to file application for a discharge should not be granted,93 and that, in my opinion, such bankrupt has not been guilty of laches in applying for his discharge. I, therefore, recommend that his petition for extension of time be granted.

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Cross-reference.- Consult, generally, § 14, ante.

This certificate is not required, but is often applied for, the referee having all the facts before him.

93. Or, if, any reasons against the granting of the petition or any facts which should be brought to the atten

tion of the judge exist, state them here. Consult 14.

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Whereas, a petition for an extension of time to apply for a discharge, as provided in section 14-a of the bankruptcy law of 1898, has been filed by the above-named bankrupt, and an order to that effect is recommended by Esq., the referee in bankruptcy in charge of this proceeding; now, on motion of ..... Esq., attorney for said bankrupt,

It is ordered:

That the time of

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day of

the bankrupt herein, to apply for a discharge be, and the same hereby is, extended until the expiration of eighteen months from the .... 19..., the date of his adjudication herein. Witness, the Honorable ...

Judge of the said court,

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This order usually follows the petition and certificate, Forms Nos. 335 and 336. Consult 14, ante; and for other forms on proceedings for a discharge, see Forms Nos. 57, 58 and 59, as supplemented by Forms Nos. 319, 323, 324, 326, 330, 331, 332. See also General Order XXXI.

Petition for leave to file after expiration of time limit must show that bankrupt was unavoidably prevented during whole period in which he should apply. [See § 14, ante.]

In re Harris & Algor, 15 Am. B. R. 705.

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

Jurisdiction to hear an application for discharge after expiration of time limit cannot be conferred by consent.

In re Taylor, 26 Am. B. R. 143, 188 Fed. 479.
Nor by nunc pro tunc order after 18 months.
In re Taunton, 33 Am. B. R. 308, 216 Fed. 987.

"Overlooked by attorney," not sufficient.

In re Anderson, 14 Am. B. R. 221, 134 Fed. 319.

In re Lewin, 14 Am. B. R. 358, 135 Fed. 252.

Application denied.—

In re Daly, 30 Am. B. R. 475, 205 Fed. 1002.

Proof of allegations of petition should be given before the referee.

In re Glickman & Pisnoff (D. C., Pa.), 21 Am. B. R. 171, 164 Fed. 209.

Notice to creditors of application unnecessary in Eastern District of New York.

In re Fritz, 23 Am. B. R. 84, 173 Fed. 560.

[So, also, in many other districts.]

Grounds for application.-[See § 14, ante.]

In re Casey, 28 Am. B. R. 359 and foot-note, 195 Fed. 322.

Remedy where court has permitted filing after statutory time has expired.

In re Haynes & Sons, 10 Am. B. R. 13, 122 Fed. 560.

See, In re Fahy, 8 Am. B. R. 354, 116 Fed. 239.

See, In re Bimberg, 9 Am. B. R. 601, 121 Fed. 942.

Form No. 338

PETITION TO REVOKE DISCHARGE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 286.)

United States District Court,

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District of... respectfully shows and alleges:

1. That he is a creditor herein whose claim has been filed and allowed at the sum of $......... and is affected by the discharge herein.

2. That on the

named

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was duly adjudged a bankrupt in this court and thereafter was discharged from his debts by order dated the

day of

yet expired.

19..., and that one year has not

3. That since the granting of said discharge, the following facts have come to the knowledge of petitioner:

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