ORDER DISSOLVING LIEN OF EXECUTION AGAINST SALARY, MODIFYING STAY AND DIRECTING SHERIFF TO PAY OVER TO TRUSTEE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 328.) At a stated term of the District Court of the United States, held in and for the district of United States Court House, at the on the ..... day of trustee in bankruptcy of the above named bankrupt, having made an application for an order modifying injunc tion order heretofore granted herein, under date of 19..., and that the lien of the execution heretofore issued against the salary of the above named bankrupt to the sheriff of pursuant to section 1391 of the Code of Civil Procedure out of the Supreme Court, at the instance of one .... judgment creditor against the said ... be dissolved be directed to turn over to petitioner, as trustee in bankruptcy of the above named bankrupt, the amount collected by the said sheriff pursuant to said execution to 19..., the date of the adjudication herein, less his lawful fees and expenses, on the ground that said monies are the property of this estate in bankruptcy and due notice of said application having been given to the attorneys for said judgment creditor and for the bankrupt and to the sheriff of the county of... now upon reading and filing the petition trustee, verified 19..., and of all the proceedings herein and it appearing to my satisfaction that the execution issued to the said sheriff against the bankrupt's salary pursuant to section 1391 of the Code of Civil Procedure was obtained within four months of the adjudication in bankruptcy herein and that said bankrupt has been granted a discharge in bankruptcy and that the monies collected by the said sheriff, pursuant to said execution belong to this estate, now upon motion of for said trustee, it is sheriff of the county of to ... .., attorney Ordered, that the injunction order issued by this Court, dated 19..., be and the same hereby is modified and the is hereby directed to turn over as trustee in bankruptcy of the above named bankrupt, the sum of $..... or such amount as he may have collected out of the salary of the bankrupt herein to 19..., the date of the adjudication, and interest thereon, less his lawful fees. U. S. D. J. Dissolution of lien of garnishment.-[See § 67, ante.] Hall v. Chicago B. and Q. Ry. Co. (Neb. Sup. Ct.), 25 Am. B. R. 53. In re Van Buren, 20 Am. B. R. 896, 164 Fed. 883. In re Driggs, 22 Am. B. R. 621, 171 Fed. 897. Maas v. Kuhn, 22 Am. B. R. 91, 130 App. Div. (N. Y.) 68, 114 N. Y. Supp. 444. In re Sims, 23 Am. B. R. 899, 176 Fed. 645. In re Ludeke, 22 Am. B. R. 467, 171 Fed. 292. In re Maher, 22 Am. B. R. 290, 169 Fed. 997. Effect of order under § 1391, New York Code of Civil Procedure. Ulner v. Doran, 34 Am. B. R. 410, 167 App. Div. (N. Y.)' 259, 152 N. Y. Supp. 655. Prior to four months' period not avoided. In re Culpepper, 31 Am. B. R. 762. Form No. 383 ORDER FOR PAYMENT OF SHERIFF'S FEES FROM PROCEEDS OF PROPERTY DELIVERED BY HIM TO RECEIVER (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 329.) At a Stated Term of the District Court Court House, in the City of ..... held at the on ......... 19... ... Court of the State of property of the bankrupt herein by virtue of a writ of execution issued out of the .... against the property of the said bankrupt and said levy having been made prior to the filing of the petition in bankruptcy herein and the said sheriff being at that time in possession of the said property by virtue of said writ; and the lien of said levy having been made void by reason of the filing of the petition in bankruptcy herein; and certain fees being due the sheriff of the County of by reason of said levy, now upon the annexed consent of attorney for the receiver herein and sheriff of the County of .... it is attorney for the Ordered, that the fees of the sheriff of the County of .... be and they hereby are taxed at the sum of dollars, and that the said sheriff retain a first lien on the said property or the proceeds thereof for the amount of his said fees and it is hereby further, Ordered, that the sheriff of the County of turn over and deliver to the said receiver all the property so levied upon by the sheriff, and it is further .... Ordered, that the receiver hold the said property subject to said lien of sheriff of the County of in the sum of dollars, until said lien is satisfied and discharged by payment and out of the first proceeds therefrom pay to the said sheriff of the County of ... aforesaid and that such payment be made by the said receiver to the said sheriff notwithstanding any settlement or disposition of these proceedings in bankruptcy. his fees as Dated 19... U. S. D. J. Form No. 384 ANSWER OF BANKRUPT TO RULE TO SHOW CAUSE FOR CONTEMPT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 330.) Now comes and in obedience to the rule [or order to show cause] issued by this court, says that an attachment for contempt ought not to issue against him for disobedience of the order of referee, for the following reasons: .... 1. He says that he cannot comply with the order of this court, because he has not the property ordered turned over or sum of money ordered by said referee to be paid to the trustee herein. 2. That the said order of said referee is not a lawful order within the contemplation of the Bankruptcy Act, or such an order, the disobedience of which would be punishable by attachment for contempt. 3. Said order is in effect a judgment directing the payment of money, and is not enforceable by proceedings in contempt. 4. Section 29-d of the Bankruptcy Act provides that such offenses as those charged by the referee in his finding, shall be punishable only in the manner prescribed therein, to wit, by information or indictment. Wherefore said .... ... prays the court that said rule [or order to show cause] may be dismissed, and that he may be discharged. [Verification.] Cross-references. See 8§ 2 and 41, Vol. I, ante.] Attorney for bankrupt. Form No. 385 ORDER ADJUDGING BANKRUPT IN CONTEMPT FOR FAILURE TO TURN OVER MONEY (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 331.) At a Stated Term of the United States District Court for the. A motion having been made herein by the above named bankrupt, to punish the said trustee of .., bank-. |