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RULES IN BANKRUPTCY
SOUTHERN DISTRICT OF NEW YORK
Rule I. Petitions
Petitions should state where the debtor has resided, including the street and number, if any, and also where his principal place of business, if any, has been during the preceding six months, or the greater part thereof, and the schedules, as respects creditors in the city of New York, should state the street and number of their residence, or place of business, so far as known. Petitions by one or more of several copartners should state, in case a discharge from copartnership debts is desired, whether there are firm assets, and, if there are, the petition should further state whether the firm and any other partners not joining in the petition are solvent or insolvent, and, if insolvent, the place of residence and whereabouts of such other partners, so far as known, or ascertainable, in order that they may be brought in as parties in case they refuse to join in the petition. Petitions, schedules and other papers filed shall be upon law cap, not more than nine inches wide by fourteen inches long.
Rule II. Service of subpena; publication In involuntary proceedings, if personal service of the subpæna cannot be made by a delivery of a copy thereof to the debtor or to some adult person who is a member or resident in the debtor's family at his dwelling house or usual place of abode within the district, and if the debtor shall not file an appearance within ten days after the
return day of the subpæna, the court, on proof by affidavit of the foregoing facts, and of the whereabouts of the debtor, will make an order directing such debtor to appear, plead, answer, or demur by a day certain to be designated therein, pursuant to section 738 of the United States Revised Statutes, which order shall be served upon such absent debtor, if practicable, wherever found, or if personal service of such order upon such absent debtor is not practicable, such order shall be published once a week for six consecutive weeks as the court may direct; and upon proof of such service or publication of said order and of compliance with the terms thereof, proceedings shall be had as upon personal service of the debtor within the district.
Upon the petition of one or more of several copartners, where some other member or members of the firm refuse to join in the petition, the like proceedings, if there are firm assets, must be had to bring in the other copartners.
Rule III. Deposit Petitioners who have made no deposit with the clerk for services of officers should be examined by or under the direction of the referee, on their appearance before him, as regards their means; and if the referee is not satisfied of the bankrupt's inability to make the deposit, a report thereof should be made to the judge.
Rule IV. Laches
In case of unreasonable delay in the bankruptcy proceedings after an injunction or stay of any other proceed ing has been granted, application may be made on any motion day in bankruptcy, on four days' notice, to dissolve the stay, though the time limited in the order granting the stay has not expired.
In involuntary cases where an answer is interposed denying insolvency or acts of bankruptcy, the issues may be brought to trial on any Monday at 10:30 A. M., on eight days' prior notice of trial by either party. Demurrers may be brought to a hearing on any Monday at 10:30 A. M., on four days' notice. A note of issue must be filed with the clerk two days before the hearing or trial,
Rule VI. Motions
Until further ordered, bankruptcy motions will be heard on Mondays at 10:30 A. M., on four days' notice. A motion calendar will be made up by the clerk from notes of issue to be filed three days previous.
Rule VII. Publication
Notices for the first meeting of creditors shall be published once only, unless otherwise ordered.
Rule VIII. Newspapers
The following newspapers are designated, in pursuance of section 28 of the act, for publication of notices and orders:
In New York County - “The New York Times.
In Putnam County — “The Putnam County Republican.”
In Dutchess County “The Poughkeepsie Daily Eagle.”
In Columbia County — “The Columbia Republican.”
Depositories; discharge and compositions - Rules 9-11
In Orange County - "The Newburgh Journal.”
Rule IX. Depositories The following banking institutions are hereby designated as depositories for money of bankrupt estates:
In New York County - The Citizens Central National Bank of the City of New York, The Manhattan Trust Company, The Trust Company of America, The Bankers Trust Company, The Central Trust Company of New York and The New York Trust Company.
In Westchester County - The Westchester Trust Company and The Mount Vernon Trust Company.
In Putnam County - The Putnam County National Bank.
In Dutchess County—The Poughkeepsie National Bank.
In Columbia County – The National Hudson River Bank of Hudson.
In Greene County The Catskill National Bank.
In Ulster County – The First National Bank of Rondout.
In Orange County The Quassaick National Bank. In Rockland County - The Nyack National Bank.
Rule X. Warrants and checks
The referee before whom a case is pending is designated as the one to countersign all warrants and checks for the withdrawal of money from the depository under Rule 29 of the General Orders, unless otherwise specially ordered by the judge.
Rule XI. Discharge and compositions Applications for the discharge of the bankrupt, or for confirmation of a discharge, duly verified, should be filed
Discharge — Rule 12
in the first instance with the referee in charge, who will thereupon fix a day for the hearing before the judge, which may be upon any Monday at 10:30 A. M., and give the requisite notices thereof to all creditors or other persons interested, and thereafter transmit to the clerk of the court three days prior to the return day, due proof of the service of such notices together with the petition for discharge or composition and a certificate or report of the referee as to the fact whether the bankrupt has in all things conformed to the requirements of the act, and has committed none of the offenses and done none of the acts prohibited in subdivision B of section 14, and whether the bankrupt, in the opinion of the referee, is entitled to his discharge. On the return day, the default of all creditors not appearing in opposition to the discharge or composition shall be entered. Upon due filing of written specifications of the grounds of opposition to the discharge or composition, the same shall be referred to the referee in charge to take the proofs and testimony offered by the parties, and to ascertain and report the facts. The hearing thereon before the referee may be brought on by any party on four days' notice thereof to the attorneys of the other parties.
Rule XII. Opposing discharge; examination; exceptions
On the return day of the application for discharge or composition the default of all creditors not appearing in opposition thereto shall be entered. If there is no appearance in opposition the bankrupt, if he appears to be entitled thereto, shall be forthwith discharged or the composition allowed. If any appearance in opposition is filed the bankrupt, who must be personally present, may be examined instanter, if desired by the parties appearing, and specifications in opposition to the discharge must be verified, and filed in the clerk's office, as required, within