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amount to which each is entitled under the composition; also all expenses and allowances and to whom made and payable.
The order of distribution will provide that the same be made by the referee and specify the names of creditors, etc., and the amount to be paid to each.
Rule XXXIII. Inventories Inventories by receivers and trustees of bankrupt estates shall be made and executed in duplicate; one to be filed with the clerk of this court within ten days after completion, the other to be filed with the referee. Failure to comply with this rule shall be ground for removal.
Rule XXXIV. Attorney for trustee Referees shall in no case nominate or appoint an attorney or attorneys for a trustee unless specially directed so to do by the judge.
FOR THE EASTERN DISTRICT OF NEW YORK
RULES GOVERNING REFEREES
Examine schedules and require them to conform to the provisions of the rules of the United States Supreme Court and the rules of this court.
Notify bankrupt and his attorney to be present before referee on the day fixed by the court in the order of reference.
Rule III The day and hour of filing shall be endorsed on each paper filed with referee.
Rules governing referees
Fix day for first meeting of creditors.
Publish first meeting of creditors in newspaper designated by the court in the county for which the referee is appointed. Such publication to be made once only, unless otherwise ordered by the court.
After first meeting of creditors file with clerk of the bankruptcy court a list of the claims proved, under the heading of Unsecured, Secured and Preferred, with address of each creditor.
Rule VII File with clerk of bankruptcy court the appointment of the trustee, signed by all persons voting, with proof of publication and certificate of mailing notices.
Rule VIII Notify trustee of his appointment and the amount of the bond as fixed by creditors or referee.
Rule IX Referee shall enclose to trustee a form for his acceptance of the trust.
Rule x Referee shall file with the clerk of the bankruptcy court notification to trustee and his acceptance, and approve bond of trustee.
If no creditors appear at first meeting and no claims are proved, and schedule discloses no assets, referee shall enter order that no trustee be appointed until further order of the court.
If no creditors appear at first meeting, but proofs of claims are filed, referee shall appoint a trustee; but amount of bond fixed by him may be nominal if schedules disclose no assets.
If creditors fail to appoint a trustee at first meeting, referee shall appoint trustee and fix the bond in proportion to the amount of assets disclosed in schedules.
Referees shall appoint appraisers whenever the schedules or the examination of the bankrupt discloses real or personal property of a kind requiring appraisal. Appraisers should be persons thoroughly competent to appraise the property of the bankrupt.
On the coming in of the final report of the trustee, referees shall declare the amount of dividends on claims proved and allowed, and deliver to the trustee dividend sheets showing the amount to be paid on each claim allowed, and on the distribution of all assets in hands of trustee, enter order discharging him of his trust.
If the schedules of bankrupt or his examination disclose no assets, or the report of the trustee shows no
assets, referee may enter order discharging trustee of his trust.
RULES GOVERNING TRUSTEES
The attention of trustees is specially called to Rule XVII of United States Supreme Court, which must be strictly observed.
Motion days in bankruptcy will be on Friday of each week at 3 P. M.
The residence and post-office address of the bankrupt must be given in his petition.
Where an involuntary petition is filed and conforms to the requirements of law, it shall be the duty of the clerk to enter an order to show cause, and issue a subpæna, returnable on a motion day, stating the time and place when the debtor is to appear, and attach to the subpæna the following notice:
“NOTICE TO ALLEGED BANKRUPT. You (and each of you is) are required to plead to the petition in the above matter within ten days after the return day, ( within such further time as the court may allow, failing to do so the petition will be taken pro confesso.”
In case it is impossible to make said subpæna returnable on a motion day within the fifteen days provided
by section 18 of the act, the clerk shall attach to the subpana the following notice:
“The return of the subpæna is made on the day of
at 10:30 A. M., for the following cause: that the return be made on a motion day of this court."
All proofs of claims shall be endorsed with title of proceeding, amount of claim, name of creditor and post-office address, and, if represented by agent or attorney, the name of the agent or attorney and his post-office address, and the referee shall endorse thereon “Allowed," or "Disallowed.”
All orders for examination of bankrupt shall be signed by referee to whom proceedings are referred.
All summons for attendance of witnesses shall be signed by the clerk of bankruptcy court.
All applications for receivers or special warrants to marshal must be made to the judge of the court.
All sales of real or personal property of the bankrupt, or redemption of property from lien, or compounding of claims, must be subject to the approval of the judge of the court before title thereto is passed.