That said property was fraudulently and intentionally omitted from said schedules and concealed by the bankrupt from his trustee. That the said ... is still in possession and control of said

property.

6. That your petitioner has now for the first time discovered the facts concerning this property and the fraudulent concealment thereof from the following sources:

7. That no previous application has been made for the order asked for herein.

Wherefore, your petitioner prays for an order under Sec. 2 (8) of the Bankruptcy Act, reopening the estate of the said ... bankrupt, for the purpose of administering upon the afore-mentioned property as a part of the estate herein, and that said proceeding be re-referred for proper action to the referee herein and for such other and further relief as to the court shall seem just and proper.

Petitioner.

[Verification.]

Reopening estate. [See § 2, ante.]

Court may reopen an estate whenever it appears it was closed before being fully administered.

Allegations of petition.-[See § 2, ante.]

In re Newton (C. C. A., 8th Cir.), 6 Am. B. R. 52, 107 Fed. 429, 46 C. C. A 399; In re Paine, 11 Am. B. R. 351, 127 Fed. 246; In re Ryburn, 16 Am. B. R. 514, 145 Fed. 662; Vary v. Jackson (C. C. A., 5th Cir.), 21 Am. B. R. 334, 164 Fed. 840, 90 C. C. A. 602.

Petition need not be formal. Matter of Carluci Stone Co. (D. C., Pa.), 46 Am. B. R. 272, 269 Fed. 795.

Application must be made by party interested and who would be benefited by such reopening.

In re Meyer (D. C., Ore.), 25 Am. B. R. 44, 181 Fed. 904.

Petitioner must show good cause.

In re Soper & Slada, 1 Am. B. R. 193.

Reopening by bankrupt for purpose of amending schedules denied.

In re Spicer, 16 Am. B. R. 802, 145 Fed. 431.

Reopening after discharge permitted in some cases.

In re McKee, 21 Am. B. R. 306, 165 Fed. 269.

Not necessary that petition should show what property was surrendered by bankrupt or what representations were made in his schedules or that any creditor was deceived by the representations in the schedules.

Traub v. Marshall Field & Co. (C. C. A., 5th Cir.), 25 Am. B. R. 410, 182 Fed. 622, 105 C. C. A. 488.

Former trustee has no standing to apply.

In re Paine (supra).

When bankrupt's application denied.

In re Spicer, 16 Am. B. R. 802, 145 Fed. 431.

In re Barton's Est., 16 Am. B. R. 569, 144 Fed. 540.

When granted.

In re Pierson, 23 Am. B. R. 58, 174 Fed. 160.

Where time to file claims has expired, a reopened proceeding redounds only to the benefit of those who have proved claims. In re Shaffer, 4 Am. B. R. 728, 104 Fed. 982.

How trustee is to be elected.

Former trustee not ipso facto restored to office.

In re Rochester Sanitarium & Bath Co. (C. C. A., 2d Cir.), 34 Am. B. R. 355, 222 Fed. 22, 137 C. C. A. 560.

Creditors who have not filed claims may not apply to reopen.

In re Paine, 11 Am. B. R. 351, 127 Fed. 246.

Laches in making application.

In re Paine (supra).

In re Reese, 8 Am. B. R. 411, 115 Fed. 993, 164 Fed. 840; Vary v. Jackson (supra).

Filing of claims when year has expired.

In re Pierson (D. C., N. Y.), 23 Am. B. R. 58, 174 Fed. 160.

Application to reopen addressed to the discretion of the court and its action will not be reversed except for abuse of discretion.

In re Goldman (C. C. A., 2d Cir.), 11 Am. B. R. 707, 129 Fed. 212, 63 C. C. A. 370

Allegations of petition to reopen must satisfy the court that assets exist. In re Newton (supra).

In re Paine (supra).

In re Ryburn, 16 Am. B. R. 514, 145 Fed. 662.

Act provides no limitation of time within which closed estates may be reopened and the doctrine of laches is applicable when an unreasonable delay has intervened.

In re Pierson (supra).

Form No. 388

ORDER REOPENING ESTATE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 334.)

Upon reading and filing the petition of verified the ...... day of ... 19..., praying for an order under Sec. 2(8) of the Bankruptcy Act reopening the estate of the above named bankrupt for the purpose of administering upon certain subsequently discovered assets and upon all the proceedings heretofore had herein and upon motion of

attorney

Ordered, that these proceedings be reopened for the purpose of administering on and disposing of certain assets belonging to the estate of said bankrupt as set forth in the annexed petition; and it is further Ordered, that said matter be referred to Esq., as referee in bankruptcy for such further proceedings as may be necessary; (and it is further

Ordered, that the discharge of

..., Esq., as trustee

of the estate of the above named bankrupt heretofore made herein be and the same hereby is vacated and the said

as

trustee before taking possession or attempting to take possession of such unadministered assets file with the clerk of this Court a bond in the sum of $........ to be approved by a judge of this Court, before the filing thereof).

D. J.

Form No. 389

PETITION FOR ALLOWANCE BY ATTORNEY FOR PETITIONING

CREDITORS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 335.)

1. That he is the attorney for the petitioning creditors herein. 2. That on the .... day of petitioner on behalf of and others, petitioning creditors herein, prepared an involuntary petition in bankruptcy and petition and proposed order for the appointment of a receiver and procured a consent to the appointment of a receiver from the said bankrupt doing business. at No. ... City of .... (or procured the requisite cost bond on behalf of petitioning creditors). That on the ........ day of .... 19. ..., petitioner filed the involuntary petition in bankruptcy in this Court (together with the cost the petitioning creditors) and made the application to the bond of District Judge then sitting in bankruptcy for the appointment of a receiver of the property of the said alleged bankrupt.

3. That on said day this Court appointed

receiver.

.....

Esq., as

4. That thereafter petitioner caused a certified copy of the order of appointment to be served on such officer.

5. That on the ... .. day of .. was filed herein by

19..., an answer

the bankrupt (or a creditor of said bankrupt), and the issues raised were thereafter brought to trial by your petitioner on the

...

.. day of

sulting in a decree of adjudication herein.

Here allege in detail service rendered on the trial.]

19..., re

6. That petitioner has received no compensation for his services. rendered in this proceeding and deems same to be reasonably worth the sum of $...........

7. Petitioner has incurred the following disbursements as attorney for the petitioning creditors, none of which has been repaid, to wit: [Schedule of disbursements.]

Wherefore, petitioner prays for such allowance for his services rendered by him in this proceeding on behalf of the petitioning creditors as to the Court may seem just and reasonable, and for his disbursements.

Petitioner.

[Verification.]

Compensation of attorney for petitioning creditors.-[See § 62, Vol. II, ante.] In re Southern Steel Co., 22 Am. B. R. 476, 169 Fed. 702; In re Baxter & Co. (C. C. A., 2d Cir.), 18 Am. B. R. 450, 154 Fed. 22, 83 C. C. A. 106.

In re Young, 16 Am. B. R. 106, 142 Fed. 891.

In re Hart & Co., 16 Am. B. R. 725.

In re Felson, 15 Am. B. R. 185, 139 Fed. 275.

In re Goldville Mfg. Co., 10 Am. B. R. 552, 123 Fed. 579.

In re Carr, 9 Am. B. R. 58, 117 Fed. 572.

Smith v. Cooper, 9 Am. B. R. 755, 120 Fed. 230.

In re Curtiss, 4 Am. B. R. 17, 100 Fed. 784.

In re Burns, 3 Am. B. R. 296, 97 Fed. 926.

In re Silverman & Schoor, 3 Am. B. R. 227, 97 Fed. 325.

In re Stratemeyer, 14 Am. B. R. 120.

No fee for filing a second petition.

Frank v. Dickey (C. C. A., 8th Cir.), 15 Am. B. R. 155, 139 Fed. 744, 77 C. C. A. 562.

Fees of attorneys assisting in recovering assets.

In re Medina Quarry Co. (C. C. A., 2d Cir.), 27 Am. B. R. 466, 191 Fed. 805, 112 C. C. A. 329, revg. 25 Am. B. R. 405.

In re R. E. Smith (D. C., N. J.), 32 Am. B. R. 363.

In re Sage (D. C., Ia.), 35 Am. B. R. 625, 225 Fed. 397.

In re Gillaspie (D. C., W. Va.), 27 Am. B. R. 59, 190 Fed. 80.

No fee for services necessitated by own negligence.

In re Francis Levy Outfitting Co., Ltd., 29 Am. B. R. 8 and foot-note.

Payment for nominal services out of proceeds of mortgaged property.

In re Freeman (D. C., Ga.), 27 Am. B. R. 16, 190 Fed. 48.

Attorneys who file a petition defective and insufficient to warrant an adjudication, which was made by other creditors on another petition are not entitled to an allowance of fees from estate.

In re Fischer (C. C. A., 2d Cir.), 23 Am. B. R. 427, 175 Fed. 531, 99 C. C. A. 153.

But one allowance may be made.

In re Coney Island Lumber Co. (D. C., N. Y.), 29 Am. B. R. 91, 199 Fed. 197. When divided upon consolidation of petitions.

In re McCracken & McLeod, 12 Am. B. R. 95, 129 Fed. 621.