A Treatise on Federal Practice

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. day of, A. D. 189—.

Dated this

Bankrupt.

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 said 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

the

—, in said district, on the [SEAL OF THE COURT.]

judge of said court, and the seal thereof,
day of
A. D. 189-.

Clerk.

hereby depose, on oath, that the foregoing order was published in on the following days, viz.:

and made oath that the foregoing state

Personally appeared

ment by him subscribed is true. Before me,

I hereby certify that I have on this day of mail copies of the above order, as therein directed.

[Official character.]
A. D. 189-, sent by
Clerk.

FORM No. 58.- - SPECIFICATIONS OF GROUNDS OF OPPOSITION TO

BANKRUPT'S DISCHARGE.

In the District Court of the United States for the

of - in the county of - and State of —, a party inter-, bankrupt, do hereby oppose the grant

ested in the estate of said

ing 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.]

Creditor.

FORM No. 59.- DISCHARGE OF BANKRUPT.

DISTRICT COURT OF THE UNITED STATES,

Whereas,

District of
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. judge of said District Court, and the A. D. 189

Witness the Honorable seal thereof, this day of [SEAL OF THE COURT.]

Clerk.

FORM No. 60.- PETITION FOR MEETING TO CONSIDER COMPOSITION.

District Court of the United States for the

Bankrupt - In Bankruptcy.

District of

To the Honorable —— Judge of the District Court of the United States for the 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.

Bankrupt.

FORM No. 61.- APPLICATION FOR CONFIRMATION OF COMPOSITION.

In the District Court of the United States for the

In the Matter of

Bankrupt.

To the Honorable

for the

In Bankruptcy.

District of

Judge of the District Court of the United States

District of -:

in said district, on the day of 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, which 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

dollars, has been deposited, subject to the order of National Bank, of a designated depository of

all to the sum of

the judge, in the

money in bankruptcy cases.

Wherefore the said

may be confirmed by the court.

respectfully asks that the said composition Bankrupt.

FORM No. 62.- ORDER CONFIRMING COMPOSITION.

In the District Court of the United States for the District of In the Matter of In Bankruptcy.

An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing that the composition 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.]

Clerk.

FORM No. 63.-ORDER OF DISTRIBUTION ON COMPOSITION. UNITED STATES OF AMERICA.

In the District Court of the United States for the
In the Matter of

Bankrupt. In Bankruptcy.

District of

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

this day of, A. D. 189

-, judge of said court, and the seal thereof,

[SEAL OF THE COURT.]

Clerk.

INDEX.

[PREPARED BY MORRIS COOPER AND FRANK RAY KIMBLEY OF THE NEW YORK BAR]

ABATEMENT —

Vol. II begins at § 860, page 801.

matter in, must ordinarily be set up by plea, § 125, p. 305.

and not by answer, § 125, p. 306.

defect in jurisdiction may be set up at any time, § 125, p. 306; § 293,
pp. 658-661.

pleas in, § 125, p. 305.

cured by filing bill of revivor, § 174, p. 391.

what causes abatement of suits in equity, § 174, pp. 391–393.

effect of, § 175, p. 393.

common-law procedure respecting, § 360, p. 803; § 373, pp. 867-870;
$364, p. 827.

of appeal or writ of error in Supreme Court of the United States, for
failure to make representatives of deceased persons parties,
§ 505, r. 1223.

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A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ...