The Pamphlet Collection of Sir Robert Stout: Volume 43

Forms for use in Composition Proceedings

Forms for use in Composition Proceedings.

[ Petition for Composition.]

In the District Court of the United States,

For the______District of______

In the Matter of

______ In Bankruptcy, To the Hon______Judge of said Court:

The petition of______respectfully shows:

I. That a petition has been duly filed in this court, praying that the above-named debtor____may be adjudged bankrupt____, and that proceedings are now pending in this matter.

II. That the said debtor___________unable to pay________debts in full, and, subject to the priorities declared in the acts of Congress relating to bankruptcy, ha____proposed a composition to____creditors, in money, in full satisfaction and discharge of____respective debts, which said proposed composition is as follows, to wit: [here set forth the proposed composition] and that your petitioner____verily believe____that such proposed composition will be accepted by two-thirds in number and one-half in value of all of the creditors of said debtor____in satisfaction of debts to them respectively, as aforesaid.

III. That the schedule hereto annexed, marked "A," contains a true statement of the names and addresses, and of the amounts of the debts due to' each, of the creditors of said debtor____respectively, and where the debt, or any portion thereof, arises on a bill of exchange or promissory note, the said debtor____ha____stated in said schedule the amount of such bill or note, the date on which it falls due, the name of the acceptor and of the person to whom it is payable, and such other particulars as are within the knowledge of said debtor____

IV. That________Wherefore, your petitioner____pray____that a meeting of the creditors may be called under the direction of the court, pursuant to notice, for the purpose of acting upon a composition proposed by the debtor____to____creditors, as afore-said, and that if, at such meeting, the creditors shall legally accept such proposed composition, such further proceedings may be had herein as may be: authorized by law, or to the court shall seem proper.

____, Petitioner ____, Attorneys for petitioner____

[ List of Creditors to Accompany Petition.]

Schedule "A."

Referred to in annexed petition of____, and containing a true statement of the names and addresses of the creditors of____, the amount due to each creditor, the dates of notes and bills, and particulars in relation thereto.

No. Name of Creditors. Address. Description Of Debt. Amount.

United States of America, ____ District of____ ss.

I, ____clerk of the district court of the United States, for said ____district of____do____hereby certify the above and foregoing to be a true, correct, and complete copy of an order entered of record in said court on the____day of____A. D. 187____, in the matter of_____in bankruptcy, as appears from the records of said court now in my custody.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of said court, at my office in____, in said [ Seal.] district, this____day of ____A. D. 187____

____ Clerk. [The notice to be sent to the creditor is a copy of the above order.]

[ Statement Of Assets And Debts Filed By Debtor At Meeting.]

In the District Court of the United States,

For the____District of____

In the Matter of

____ In Bankruptcy.

Statement showing the whole of the assets and debts of said____and the names and addresses of the creditors to whom such debts respectively are due, on the_____day of____A. D. 187____

Assets. Cash on hand____ 'Stock and fixtures____ Promissory notes and bills of exchange, as per schedule "A"____ Open accounts, as per schedule "B" Real estate and interests therein, as per schedule "C" Miscellaneous assets, as per schedule "D"____ Total assets____ Debts. Preferred debts, as per schedule "E" Secured debs, as per schedule "F" Unsecured debts, as per schedule "G" Contingent debts and accommodation paper, as per schedule "H,"

[ Schedule "B" to Statement.]

Schedule "B."

Open Accounts.

No. Names Of Debtors Addresses. Description Of Debt. When Due. Amount.

[ Schedule "D" to Statement.]

Schedule "D."

Miscellanous Assets.

Nature And Descrption. Estimated Value.

[ Schedule "F" to Statement.]

Schedule "F".

Secured Debts.

No. Names Of Creditors. Addresses Description Of Debt. Amount.

[ Schedule "H" to Statement.]

Schedule "H".

Contingent Debts and Accommodation Paper.

No. Names Of Creditors. Addresses Description Of Debt. Amount.

[ Report of Register of Proceedings.]

In the District Court of the United States,

For the____District of.____

In the Matter of

____ In Bankruptcy. To the Hon____Judge of said court:

I,____one of the registers in bankruptcy in and for said district, do respectfully certify and report: That, pursuant to an order of this court directing the same, a meeting of the Creditors of the above-named debtor____was held before me, on the____day of____, A. D. 187____, at____o'clock in the____noon, at____my office, in the city of____in said district, to act upon a composition proposed by said debtor____

That more than ten days prior thereto [or, that____clerk, has caused to be mailed to each known creditor of said debtor____a notice of the time, place, and purpose of such meeting, as will appear by copy of said notice and the clerk's return thereon, which is herewith returned, marked "A," and made a part of this report], I caused to be mailed to each known creditor of said debtor____a notice of the time, place, and purpose of such meeting, a copy of which said notice is hereto annexed, marked "A," and made a part, of this report.

That, at the time and place appointed for said meeting, the debtor____duly and personally attended, produced____, books of accounts, and____duly Sworn and examined in relation to____affairs, and presented to the said meeting____proposed composition, in writing, duly signed by____, which said proposition for composition is hereto annexed, marked "B," and made: a part of this report.

That the said debtor____also presented to said meeting a sworn statement, showing the whole of____assets and debts, and the names and addresses of the creditors to whom such debts respectively are due, which said statement is hereto annexed, marked "C," and made a part hereof.

That thereupon a resolution was introduced accepting such proposed composition, and the same was then and there passed, and the said composition was then and there accepted by a majority in number and three-fourths in value of the creditors of the debtor-assembled at such meeting, either in person or by proxy. Said resolution is hereto annexed, marked "D," and made a part hereof.

That the schedule hereto annexed, marked "E," is a true statement of the: names and addresses of all the creditors assembled at said meeting, either in person or by proxy, and shows the residences of said creditors, the amounts of their respective claims, and the manner in which each of said creditors voted upon said resolution.

That thereupon the said resolution was duly confirmed by the signatures thereto of the said debtor____, and two-thirds in number and one-half in value of all the creditors of said debtor____, which said confirmation is hereto annexed, marked "F," and made a part hereof.

And I do further certify and report that all of the proceedings had before me were bona fide and regular in all respects. All of which is respect-fully submitted.

Dated,____ ____ Register.

In the District Court of the United States,

For the____District of____

In the Matter of

____ In Bankruptcy. Bankrupt

The resolution of the creditors of said bankrupt, accepting his proposed composition, together with a statement of his assets and debts, having been presented to this court, it is ordered, this day of____A. D. 187____, that the matter of said resolution stand for hearing on the____day of____, 187____, at which time this court will enquire whether the said resolution has been passed in the manner directed by law; provided, a copy of this order be served upon, or mailed to, each of the creditors of said bankrupt at least five days before the said day of____187____

Judge. True copy. Test,____ Clerk of said district court. [The notice to be sent to the creditors is the copy of the above order]

[ Order of Court for Recording Composition.]

In the District Court of the United States,

For the____District of____

In the Matter of

In Bankruptcy. Bankrupt.

At a stated term of the district court of the United States of America, for the____district of____held at the United States court rooms in the city of____, on the____day of____, in the year one thousand eight hundred and seventy____Present, the honorable____, district judge.

It appearing satisfactorily to the court, from the report of____, and from all the papers and proceedings herein, that an order was made herein on the____day of____A. D. 187____, whereby the clerk of this court was ordered to call a meeting of the creditors of said____, bankrupt, proposing a composition to____creditors, in accordance with section 17 of the Bankruptcy Amendment Act, approved June 22, 1874; that such meeting was called, and was held at said time; that said____bankrupt, was present at said meeting and answered all enquiries made of____and produced to said meeting a statement, verified by oath, showing____the whole of the assets and debts of said____bankrupt, and the names and addresses of the creditors to whom such debts respectively are due, in accordance with the requirements of said section 17; that the composition specified in the resolution hereto annexed was, at said meeting, proposed by said____, bankrupt; that the same was accepted by the passing, at said meeting, of said resolution, by a majority in number and three-fourths in value of the creditors of said____, bankrupt, assembled at said meeting, and was confirmed by the signatures thereto of the said____bankrupt, and of two-thirds in number and one-half in value of all the creditors of said bankrupt; that said resolution so passed and so confirmed, and said statement of assets and debts, were presented to this court; that on the____day of____A. D. 187____, an order was made herein, whereby the clerk of this court was ordered to call a meeting of the creditors of said ____, bankrupt, to be held on the____day of____A. D. 187____, for the purpose of said____enquiring, upon hearing, whether the said resolution accepting such composition was passed in the manner required by said section 17, and was confirmed by the signatures required by said section, and whether it is for the best interest of all concerned that the said resolution should be recorded, and that the said statement of assets and debts should be filed; that such last-mentioned meeting was held, as by said order required, on the____day of____A. D. 187____; that the said resolution was passed in the manner directed by said section 17, and has been confirmed by the signatures required by said section 17; and that it is for the best interest of all concerned that the said resolution accepting the composition proposed as aforesaid be recorded, and that the said statement showing the whole of the assets and debts of said____, bankrupt, be filed.

Now, therefore, it is ordered that the said resolution, accepting the composition proposed by said____, bankrupt, at a meeting of____creditors, held at the office of____on the,____day of____, A. D. 187____, be recorded, and that the said statement of assets and debts of said____bankrupt, produced by____to said last-mentioned meeting, be filed with the clerk of this court

Witness, the honorable____, judge of the said court, and the seal thereof, at the city of____[ Seal.] in said district, on this____day of____, A. D. 187____Clerk.