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Form No. 374

JUDGMENT IN RECLAMATION FOR DELIVERY, ETC., UPON REPORT OF

MASTER

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 320.)

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having duly heretofore filed his petition praying leave to reclaim certain property more particularly mentioned and described in said petition upon the grounds that the said bankrupts above named while insolvent, to their knowledge, obtained delivery of the said property with intent upon their part not to pay therefor, and that the purchase and sale of the said property was induced by certain false and fraudulent representations as to their financial condition as is more particularly set forth in said petition; and the receiver of the said bankrupts above named having duly filed his answer and the issues having been duly referred to ....

......"

Esq., as special master; and a trial of the said issues having been had, and the said special master having duly rendered his report dated the ...... day of .... 19..., in favor of the said reclaiming creditor and against the said receiver; and a motion having been duly made for the entry of an order, judgment and decree confirming the said report of the said special master, and that final judgment be entered in favor of the said creditor and against the said receiver, and after hearing of counsel for

ment, and ....

the reclaiming creditor in support of the said application for judg as counsel for the receiver in opposition thereto, and due deliberation having been had,

It is, on motion of

attorneys for said creditor

Ordered, adjudged and decreed that the report of
Esq., be and the same is hereby confirmed, and it is further
Ordered, adjudged and decreed that ...

do recover of

the receiver of the bankrupts above named the property more particularly and in detail set out in the schedule hereto annexed and marked "Schedule A," or in the event of the failure or inability of the said receiver to deliver the said property to the said creditor as aforesaid then that the said creditor do recover of the said receiver of the bankrupts above named damages in the sum of $........ with interest thereon from the

and it is further

Ordered, adjudged and decreed that

....

day of

.. do recover of

the receiver of the bankrupt estate herein the costs and disbursements of this proceeding as taxed by the clerk of this court at the sum of $........, and that the clerk of this court be and he hereby is directed to docket a judgment in favor of the said

and as against the receiver of the bankrupts above named, for the recovery of the above property or damages in the event of failure to deliver the same, together with the costs and disbursements so taxed, the same to be paid out of the bankrupt estate.

District Judge.

[Substitute trustee after election and qualification.]
Property or its proceeds if same are traceable.
In re Fabian, 18 Am. B. R. 488, 151 Fed. 949.

Right of inspection to claimant.

In re Sauer, 10 Am. B. R. 353, 122 Fed. 101.

Burden of proof as to identity.

Smith v. Mottley (C. C. A., 6th Cir.), 17 Am. B. R. 863, 150 Fed. 266, 80 C. C. A. 154.

Only recovery of the identified goods may be had; as to goods sold or otherwise disposed of by the bankrupt, the vendor is left to his remedy as a creditor. In re Eliowich, 17 Am. B. R. 419, 148 Fed. 464.

Form No. 375

BILL OF COSTS IN RECLAMATION AND NOTICE OF TAXATION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 321.)

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Fee of Special Master...

Stenographer's fee for testimony on hearing...

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$20

being duly sworn, says: that he is the attorney for claimant (or respondent) herein; that the foregoing disbursements are correct in amount, were necessarily incurred, and have actually been paid by deponent. That this affidavit is made by deponent because the matters therein contained are pecul iarly within deponent's knowledge.

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You will please take notice, that a bill of costs, of which the within is a copy, will be presented to the clerk of the United States District Court for the District of office in the United States Court House, City of

the

day of.

19..., at

at his

on

o'clock in the

noon of that day for taxation and the amount thereof inserted in the order heretofore noticed for settlement.

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Attorney for claimant [or respondent.]

Costs on dismissal.-In re Schocket, 24 Am. B. R. 47, 177 Fed. 583.

SUBDIVISION XII

DISSOLUTION OF LIENS, PUNISHMENT FOR CONTEMPT, REOPENING ESTATES AND MISCELLANEOUS MATTERS

FORM NO. 376.

Affidavit to dissolve Lien of Attachment, 2642.

377. Notice of Motion to dissolve Lien of Attachment, 2644.

378.

Order dissolving Lien of Attachment, 2645.

379. Order dissolving Lien of Execution, 2648.

380. Petition to dissolve Lien of Garnishee Order upon Bankrupt's Earnings and directing Sheriff to pay, 2650.

381. Notice of Motion thereon, 2652.

382. Order dissolving Lien of Garnishment, modifying Stay and directing Sheriff to pay to Trustee, 2653.

383.

Order for payment of Sheriff's Fees from Proceeds of Property
Delivered by him to Receiver, 2655.

384. Answer of Bankrupt to Rule to Show Cause for Contempt, 2656.
385. Order adjudging Bankrupt in Contempt for failure to turn
over money, 2657.

386. Order purging of Contempt, 2661.

387.

Petition to re-open Estate, 2662.

388. Order re-opening Estate, 2665.

989. Petition for Allowance by Attorney for petitioning Creditors,

2666.

390. Answer by Assignee for Benefit of Creditors to Rule to Show Cause to turn over Property to receiver, 2668.

391. Order designating Depository of Bankruptcy Funds, 2671.

392.

393.

Bond of Depository, 2671.

Referee's Report to Clerk under Order of Attorney General, 2673.

of

Form No. 376

AFFIDAVIT TO DISSOLVE LIEN OF ATTACHMENT

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 322.)

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being duly sworn, deposes and says:

1. That he is the temporary receiver in bankruptcy of defendant above named.

2. That in an action brought in the .. County, in which

and said

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...

Court,
is the plaintiff

is the defendant, on

19..., a warrant of attachment was issued by the plaintiff to

the sheriff of the county of

the said ....

against the property of

; that the sum claimed in the said action

under which the said warrant of attachment was issued was $.....

That on or about the said ....

day of......

19..., and under and pursuant to the said warrant of

attachment, the sheriff of the county of

attached the following property of the said

situated at

That the said attachment was

levied by leaving a notice of the same with the said

and by placing a keeper in charge of the property at.....

That the said attachment has not been vacated nor discharged and the said sheriff now claims to be in custody of the said property at

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