and .... appeared before me and severally acknowledged the execution of the foregoing acceptance of offer of composition, Cross-reference. See foot-notes to Form No. 344 and consult, generally, § 12. A creditor, who has once accepted, cannot in the absence of fraud or misrep resentation, withdraw his acceptance. In re Levy, 6 Am. B. R. 299, 110 Fed. 744. Mortgagees whose debts are contingent upon a deficiency arising under a foreclosure, are neither necessary nor proper parties. In re Kahn, 9 Am. B. R. 107, 121 Fed. 412. Assignee of a number of creditors to be counted as one creditor only. In re Messengill, 7 Am. B. R. 669, 113 Fed. 366. Acceptance in writing.— In re Goldstein, 32 Am. B. R. 402, 213 Fed. 115. Form No. 349 PETITION TO DEPOSIT MONEY FOR THE PURPOSE OF COMPOSITION (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 296.) United States District Court, District of IN THE MATTER OF Bankrupt. In Bankruptcy No. To the District Court of the United States, for the day of respectfully alleges: 19..., a peti 1. That on the tion in involuntary bankruptcy was filed in this Court against the above named bankrupt by certain of his creditors, and by an order duly entered herein adjudication upon said petition has been stayed. 2. That the said bankrupt has offered terms of composition to his creditors which have been accepted by a majority in number and amount of his said creditors. That the said bankrupt has been ex amined in open Court and has filed his schedules as required by the Bankruptcy Act and complied with all requirements. 3. That petitioner has been requested by the bankrupt to furnish .. dollars to carry out the terms of the composition and petitioner is ready, and willing to do so. That this sum is to be used with other moneys on hand in the estate to carry out the composition upon the express condition that said moneys so deposited by petitioner for the purpose of carrying out the terms of the composition, in the event that the said composition be not confirmed, be returned to petitioner. Wherefore, he prays for an order granting him permission to deposit in a designated depository of this Court, the sum of ... ... dollars to be used for the purpose of the proposed composition of the bankrupt herein with his creditors and in the event that said composition be not confirmed, then that said moneys so deposited be returned to petitioner. [Verification.] Form No. 350 Petitioner. ORDER TO DEPOSIT THEREON (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 297.) At a Stated Term of the United States District Court for District held at the Court House on the 19... PRESENT: District Judge. IN THE MATTER OF Bankrupt. Upon reading and filing the annexed petition of duly verified, and upon all proceedings had herein and on motion of attorney for the bankrupt herein, it is Ordered that permission be and the same is hereby given to to deposit in the Bank (or Trust Company at .) a depository duly designated by this Court, to the order of the judge of the United States District Court for the the sum of $.... ........ District of which is to be used towards carrying out the terms of the composition offered by the said bankrupt to his creditors, and it is Further ordered that in the event that the said composition be not confirmed that the said moneys so deposited by..... be returned to him. Form No. 351 CERTIFICATE OF DEPOSIT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 298.) D. J. In Bankruptcy No. Bankrupt. To the Honorable Judge of the United States District Court, of bankruptcy funds in this district, hereby certifies that it has on deposit, to your order in this proceeding, the sum of $......... the amount of money necessary as determined by this court to pay the costs of the proceeding and all claims entitled to priority of payment therein: (And also certifies that it holds on deposit the consideration offered, and accepted by the creditors of bankrupt, upon this composition.) Dated ... 19... Depository. Amount must be enough to pay all creditors the stipulated percentage. In re Fox, 6 Am. B. R. 525. In re Harvey, 16 Am. B. R. 345, 144 Fed. 901. To order of judge of the court. In re Bloodworth-Sternbridge Co., 24 Am. B. R. 156, 178 Fed. 372. Use of funds collected under a bond given by private banker. In re Duetsch Bros. (D. C., N. Y.), 33 Am. B. R. 858, 220 Fed. 532. Secured claims not liquidated should not be considered in determining the amount. In re Harvey (supra). Right of unscheduled creditor. In re Ennis & Stoppani, 25 Am. B. R. 383, 183 Fed. 859. Surrender of voidable preference. Condition precedent to allowance of claim. In re B. Feinberg & Sons (D. C., Mass.), 26 Am. B. R. 587, 187 Fed. 283; but see, In re Ghinasin, 34 Am. B. R. 818. Taxes must be provided for. In re Flynn, 13 Am. B. R. 720, 134 Fed. 145. In re Fisher & Co., 14 Am. B. R. 366, 135 Fed. 223. Deposit must cover all creditors scheduled. In re Atlantic Construction Co. (D. C., N. Y.), 35 Am. B. R. 838; 228 Fed. 571. Sufficient cash to pay all debts which have priority and the costs of the proceedings, must be deposited. In re Fisher & Co. (supra); In re Fox (supra); In re Harvey (supra). Costs of proceeding. In re Harris, 9 Am. B. R. 20, 117 Fed. 575. Referee's fees. In re J. Bacon & Sons, 34 Am. B. R. 825, 224 Fed. 764, modified, Kinkead v. J. Bacon & Sons (C. C. A., 6th Cir.), 36 Am. B. R. 390. Counsel fees. In re Dalton, 14 Am. B. R. 617, 137 Fed. 178. Waiver of fees by attorneys. In re Frischknecht (C. C. A., 2nd Cir.), 34 Am. B. R. 530, 223 Fed. 417; 139 C. C. A. 11. Bankrupt must pay his own attorney, as no costs allowed to him on contest. In re Martin, 18 Am. B. R. 250, 152 Fed. 582. Right to accumulated interest. In re Kelley, 35 Am. B. R. 127, 223 Fed. 383. Order of referee res adjudicata as to action to recover same in State court. Coen v. James (App. Div., N. Y.), 33 Am. B. R. 249, 164 App. Div. 419. itor of in said district, on the day of of ... and represents the following: That it is a cred : ; that its claim has been filed and allowed ($.......) that said bankrupt has per centum on the .... now here offers to accept and states ........ in the sum of ... .... promissory note of ... ($ ........ per centum ) of which promissory note shall be as follows; The note of waiving relief from valuation or appraisement laws, providing for attorney's fees and six per cent (6) interest per annum from date. And that said note will be accepted by it in lieu of cash. [Signed] by.... |