Forms. No. 11. Creditor's Petition for Administration of Estate of Deceased Debtor under Sect. 125. S. 125. I, C. D., of (Title.) [or we, C. D., of and E. F., of ], hereby petition the Court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor], who died on the day of 188 and say: 1. That the said A. B. for the greater part of the six months next preceding his decease resided [or carried on business] at within the district of this Court [or, as the case may be, following the terms of Sect. 95]. 1. [set out 2. That the estate of the said A. B. is justly and truly indebted to me [or us in the aggregate] in the sum of amount of debt or debts and the consideration]. 3. That [I] do not, nor does any person on [my] behalf hold any security on the said deceased debtor's estate, or on any part thereof, &c. [or, as in Form No. 10, Creditor's Petition]. 4. That A. B. within three months next before the said date of his decease committed the following act [or acts] of bankruptcy, namely [here set out separately the acts of bankruptcy]. Or, That the will of the said A. B. [or, as the case may be] was on the G. H., of day of That letters of 188 proved by J. S., of who consent to this petition. Or, and administration [or, as the case may be] were on the 188 , granted to J. S., of and G. H., of and that the estate of the said A. B. is [according to my information and belief] insufficient to pay his debts. This petition having been presented to the Court on the If you, the said J. S. or G. H., intend to dispute the matter of any of the statements contained in the petition, you must file with the registrar of this Court a notice showing the grounds upon which you intend to dispute the same. Forms. No. 12. Affidavit of Truth of Statements in Petition. (Title.) I, the petitioner named in the petition hereunto annexed make S. 7. oath [if the petitioner declare or affirm, alter the form accordingly] and say : 1. That the several statements in the said petition are within my own knowledge true. Sworn at, &c. C. D. NOTE.-If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to, and file a further affidavit by some person or persons who can depose to the truth of the remaining statements. No. 13. Affidavit of Truth of Statements in Petition. (Title.) We, C. D., E. F., G. H., &c., the petitioners named in the petition S. 7, subs. (1). hereunto annexed, severally make oath and say : And first I the said C. D. for myself say 1. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition. 2. That the said A. B. committed the act of bankruptcy stated to have been committed by him in the said before-mentioned petition. And I the said E. F. for myself say 3. That A. B. is justly and truly indebted to me in the sum of pounds, as stated in the said before-mentioned petition. And I the said G. H. for myself say— Forms. S. 9. No. 14. Application for Interim Receiver. (Title.) I, C. D., of do, on the grounds set forth in the annexed affidavit, apply to the Court to appoint the official receiver of this Court as interim receiver of the property of the said A. B., and [here insert any special directions to the receiver that may be desired]. (Signed) C. D. Order thereon. 1. Upon reading this application and the affidavit therein referred to, and hearing it is ordered that upon a deposit of being lodged by the applicant in Court, the official receiver of this Court be thereupon constituted interim receiver of the property of the said A. B., and [here insert directions, if any]. Dated No. 15. By the Court, Registrar. make oath and say: day of 1. That I did, on the 2. A sealed copy of the said petition is hereunto annexed. solicitor or his clerk. Take notice, that a bankruptcy petition has been presented against you to this Court by C. D. of and the Court has ordered that the publication of this notice in the London Gazette and in the newspapers, shall be deemed to be service of the petition upon you; and further take notice that the said petition will be heard at this Court on the day of noon, on which day you are re quired to appear, and if you do not appear the Court may make a receiving order against you in your absence. The petition can be inspected by you on application at this Court. Dated Forms. No. 17. Registrar. Notice by Debtor of intention to oppose Petition. In the matter of a bankruptcy petition presented against me on S. 7, subs. (5). (Title.) by C. D. of the [or I, the above A. B., do hereby give you notice that I intend to oppose the making of a receiving order as prayed, and that I intend to dispute the petitioning creditor's debt [or the act of bankruptcy, or as the case may be]. Dated this day of and to A. B., and to the registrar of the said Court. To C. D. of No. 18. Order to stay Proceedings on Petition. (Title.) In the matter of a bankruptcy petition against A. B. of Upon the hearing of this petition this day, and the said A. B. S. 7, subs. (5). appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or that he is indebted to the petitioner in a sum of a less amount than fifty pounds], [or that he is indebted to C. D., one of the petitioners, in a sum less than the sum stated to be due from him in the petition], it is ordered that the said A. B. shall within enter into a bond in the penal sum of [the amount of the alleged debt and probable costs, or such other sum as the Court may direct] with such two sufficient sureties as the Court shall approve of to pay [or deposit with the registrar the sum of as security for the days payment of] such sum or sums as shall be recovered against the said A. B. by C. D. the petitioner [or one of the petitioners] in any proceeding taken or continued by him against the said A. B., together with such costs as shall be given by the Court in which the proceedings are had. And it is further ordered, that upon the said A. B. entering into the bond aforesaid, all proceedings on this petition shall be stayed until after the Court in which the proceedings shall be taken shall have come to a decision thereon. Dated By the Court, Registrar. Forms. S. 7, subs. (5). No. 19. Bond on stay of Proceedings, &c. (Title.) Know all men by these presents, that we, A. B., of, &c., and C. D., of, &c., and E. F., of, &c., are jointly and severally held and firmly bound to L. M., of, &c., in pounds to be paid to the said L. M., or his certain attorney, executors, administrators, or assigns. For which payment to be made we bind ourselves and each and every of us, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this one thousand eight hundred and day of WHEREAS a bankruptcy petition against the said A. B. having been presented to the High Court [or County Court, &c.], he did appear at the hearing of the said petition and deny that he was indebted to the petitioner [or to one or more of the petitioners], [or allege that he was indebted to the petitioner in the sum of pounds only]. [or Whereas the said A. B. having been duly served with a bankruptcy notice by L. M., of in accordance with provisions of the Bankruptcy Act, 1883, issued out of the High Court [or the County Court of holden at ], applied to the said Court to dismiss such notice on the ground that he was not indebted to the said L. M. [or that he was not indebted to him to such an amount as would support a petition in bankruptcy]. Now, therefore, the condition of this obligation is such that if the above-bounden A. B., or the said C. D. or E. F., shall on demand well and truly pay or cause to be paid to L. M., his attorney or agent, such sum or suins as shall be recovered against the said A. B. by any proceedings taken or continued within twenty-one days from the date hereof in any competent Court by the said L. M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L. M. by such Court, this obligation shall be void, otherwise shall remain in full force. NOTE.-If a deposit of money be made, the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases. |