« SebelumnyaLanjutkan »
has fully complied with all the requirements of said acts and of the orders of the court touching his bankruptcy.
Wherefore he prays that he may be decreed by the court to have a full discharge from all debts provable against his estate under said bankrupt acts, except such debts as are excepted by law from such discharge. Dated this day of A. D. 189
ORDER OF NOTICE THEREON.
A. D. 189—, on reading the foregoing petition, it is
Ordered by the court, that a hearing be had upon the same on the day of -, A. D. 189—, before said court, at in said district, at o'clock in the -noon; and that notice thereof be published in a newspaper printed in said district, and that all known creditors and other persons in interest may appear at the same time and place and show cause, if any they have, why the prayer of the suid petitioner should not be granted.
And it is further ordered by the court, that the clerk shall send by mail to all known creditors copies of said petition and this order, addressed to them at their places of residence as stated.
Witness the Honorable - judge of said court, and the seal thereof, at -, in said district, on the - day of — A. D. 189—, [SEAL OF THE COURT.]
Clerk. hereby depose, on oath, that the foregoing order was published in the on the following days, viz:
On the day of — and on the -day of in the year 189—
1894 Personally appeared
and made oath that the foregoing statement by him subscribed is true. Before me,
[Official character.] I hereby certify that I have on this day of —, A. D. 189—, sent by mail copies of the above order, as therein directed.
Form No. 58.— SPECIFICATIONS OF GROUNDS OF OPPOSITION TO
In the District Court of the United States for the District of
of —, in the county of and State of —, a party interested in the estate of said
bankrupt, do hereby oppose the granting to him of a discharge from his debts, and for the grounds of such opposition do file the following specification: (Here specify the grounds of opposition.]
FORM No. 59.- DISCHARGE OF BANKRUPT.
DISTRICT COURT OF THE UNITED STATES,
} District of Whereas,
of in said district, has been duly adjudged a bankrupt, under the acts of Congress relating to bankruptcy, and appears to have conformed to all the requirements of law in that behalf, it is therefore ordered by this court that said
be discharged from all debts and claims which are made provable by said acts against his estate, and which existed on the day of — A. D. 189—, on which day the petition for adjudication was filed him; excepting such debts as are by law excepted from the operation of a discharge in bankruptcy. Witness the Honorable
judge of said District Court, and the seal thereof, this day of A. D. 1894 [SEAL OF THE COURT.]
FORM No. 60.- PETITION FOR MEETING TO CONSIDER COMPOSITION. District Court of the United States for the District of —
Bankrupt -- In Bankruptcy. To the Honorable - Judge of the District Court of the United States
· District of The above-named bankrupt respectfully represents that a composition of
per cent upon all unsecured debts, not entitled to a priority in satisfaction of debts has been proposed by to- creditors, as provided by the acts of Congress relating to bankruptcy, and verily believes that the said composition will be accepted by a majority in number and in value of creditors whose claims are allowed.
Wherefore, he prays that a meeting of — creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court.
FORM No. 61.- APPLICATION FOR CONFIRMATION OF COMPOSITION.
In the District Court of the United States for the District of
In Bankruptcy. To the Honorable -, Judge of the District Court of the United States
District of At in said district, on the
A. D. 189—, now comes the above-named bankrupt, and respectfully represents to the court that, after he had been examined in open court (or at a meeting of his creditors) and had filed in court a schedule of his property and a list of his creditors, as required by law, he offered terms of composition to his creditors, wbich terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims; that the consideration to be paid by the bankrupt to his creditors, the money necessary to pay all debts which have priority, and the costs of the proceedings, amounting in
all to the sum of dollars, has been deposited, subject to the order of the judge, in the National Bank, of , a designated depository of money in bankruptcy cases. Wherefore the said
respectfully asks that the said composition may be confirmed by the court.
FORM No. 62.- ORDER CONFIRMING COMPOSITION.
In the District Court of the United States for the District of In the Matter of l
In Bankruptcy. An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the compo sition has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims; and the consideration and the money required by law to be deposited having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it is for the best interests of the creditors; and that the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its acceptance are in good faith and have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy: It is therefore hereby ordered that the said composition be, and it hereby is, confirmed.
Witness the Honorable judge of said court, and the seal thereof, this
day of —, A. D. 189— (SEAL OF THE COURT.]
FORM No. 63.- ORDER OF DISTRIBUTION ON COMPOSITION.
UNITED STATES OF AMERICA.
In the District Court of the United States for the District of -
In Bankruptcy. The composition offered by the above-named bankrupt in this case having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to wit: 1st, to pay the several claims which have priority; 2d, to pay the costs of proceedings; 3d, to pay, according to the terms of the composition, the several claims of general creditors which have been allowed, and appear upon a list of allowed claims, on the files in this case, which list is made a part of this order.
Witness the Honorable - , judge of said court, and the seal thereof, this — day of - A. D. 189— [SEAL OF THE COURT.]
(PREPARED BY MORRIS COOPER AND FRANK RAY KIMBLEY OF THE NEW YORK BAR]
VOL I begins at 8 860, page 801.
matter in, must ordinarily be set up by plea, $ 125, p. 305.
§ 364, p. 827.
failure to make representatives of deceased persons parties,
$ 505, s. 1223,
see also PLEAS.
of suits in equity, SS 174–181, pp. 391-403.
of actions at law, $ 360, p. 803; 373, p. 867.
when interest of, in controversy is very small, $ 57, p. 181.
as a subject of relief in equity, $ 2, p. 8.
when opened by equity, 11, p. 32.
taken, $ 325, p. 714.
of officers, $ 268, pp. 595–598.
of bailiffs, 11, p. 30.
pp. 572, 573; $ 300, p. 671.
Vol. II begins at 360, p. 801.
when stockholders are necessary parties to suit for an, against corpora
tion, $ 45, p. 161.
$ 321, p. 707.
effect of decisions by accounting officers, $ 36, p. 131.
want of, whether invalidating bond given on removal of cause, $ 3856,
with decree, not a waiver of right to bring appeal or writ of error,
$ 512, p. 1262.
when not enjoined, § 12, p. 37.
survival of, S 373, p. 868.
in bills, rules relative to, and form of, $ 66, pp. 192–194.
see also POSTPONEMENT; CONTINUANCES.
of liability, as a subject of jurisdiction in equity, $ 2, p. 46
ancillary jurisdiction, $ 21, p. 73.
vest Federal court of jurisdiction over property of deceased judg-
ment debtor in its custody, & 9, p. 18.
suits against, S 9, pp. 19, 22.
intestate, $ 45, p. 156.
see EXECUTORS AND ADMINISTRATORS.
suit against, § 11, p. 27.
jurisdiction in. $ 22, p. 78; $ 25, p. 86.