The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-29
38 RULES.
Promulgated by the U. s.
Supreme Court.
Governing the Proceedings in
Bankruptcy
UNDER THE NEW LAW
The Announcement is Made by
Justice Gray
Plenty of Work Provided for
Attorneys.
UNDER THE NEW LAW.

which it was authorized to frame and
promulgate under the national bank
ruptcy act of July 1, 1898
The rules are preceded by an order
prescribing the proceedings in bank
ruptcy under the law previous to the
day in which the rules go into effect
This order is to the effect that where
the proceedings are Sin substantial con-
formity either with the provisions of
these general orders, or else with the
general orders esta blished by this court
under the bankruptcy act Of 1867 and
with any general rules or special orders
of the courts in bankruptcy, they shall
stand good, subject, however, to such
further regulation by rule or order Of
those courts as may be necessary or
proper to carry into force and effect
the bankrupt act of 1898 and the gen
eral orders of this court"
The first rule requires the clerk of
the court to keep a docket for entering
cases in their order, with a memoran-
dunn of all proceedings except those en-
tered by the referee. The docket is to
be at all times open to public inspec-
ton.
Rules 2, and 5, relate successfully to
the filing of papers, to processes, to the
conduct OF proceedings, and to the
framing OF petitions. The clerk is re-
quired to endorse on each paper filed
the time of it's receipt. All processes
are to issue under the seal of the court.
1t is required that all petitions and
schedules shall be plainly written and
without abbreviation or interlineation.
Under the head of conduct of pro-
ceedings,'' rule four, it is provided that
proceedings may be conducted by the
bankrupt in person in his own behalf
or by petition or opposing creditor;
but creditor will only be allowed to
manage before the court his individual
interest Every party may appear and
conduct the proceedings by attorney,
who shall De an attorney or counsellor
authorized to practice in the circuit or
district court.
served on the party personally may be
served upon his attorney.
Rule 6, relating to petitions in differ
ent districts:
be filed against the same Individual in
different districts, the first hearing
shall be had in the district in which the
debtor has his dOTniciIe and the petition
be amended by inserting an allegation
of an act of bankruptcy committed at
an earlier period than that first alleged
of such earlier act is charged in either
of the other petitions; and in cases of
partnership in different courts, each
having jurisdiction over the case the
petition first filed shall be first heard
and may be amended by the insertion
of an allegation of an earlier act of
bankruptcy than first, if such earlier
act is charged in either of the other pc
titions, and, in either case the proceed
1ngS upon the other petitions may be
stayed until an adjudication is made
upon the petition first heard and the
court which makes the first adjudica-
ton of bankruptcy shall retain juriS-
diction over all proceedings therein IN
til closed
In the matter of priority and in cases
where two or more petitions are filed
alleging separate acts of bankruptcy
on different days, it is provided by rule
seven that preference shall be given to
the petition alleging the earliest act Of
bankruptcy. In case all the petitions
name the same day for the act the
cases are to be consolidated.
Rule eight provides that any member
of a partnership who refuses to join
in a petition to have the partnership
declared bankrupt shall be entitled to
resist the prayer of the petition in the
same manner as if the petition had
been filed by creditor of the partner
ship and to make all defenses which
any debtor proceeded against is entitled
to take by the provisions of the act.
Rule nine-In all cases of involuntary
bankruptcy, in which the bankrupt is
absent or can not be found, it is made
the duty Of the petitioning creditor TO
file within days, a schedule giving
itors of the bankrupt, according to his
best information. If the debtor is
found, the petitioner may apply for an
attachment against the debtor to furn-
ish a schedule.
Rule ten provides for the indemnity
of officers of the court for expenses pri-
or to the performance of duties.
Rule eleven allows amendments to
petitions and schedules.
The duties of referees are prescribed
by the twelfth rule. This rule provides
that the order referring a case shall
name a day upon which the bankrupt
al before referee.
that from that date the bankrupt shall
be subject to the orders of the court
in all matters relating to his bank
ruptcy. The referee is to be immediate
" notified of his appointment, ana
thereafter practically all the proceed
ings are to be had before the referee.
It is also required that time and place
the referees shall act shall be fixed by
special order of the judge or by the
referee. Applications for a. discharge
or for approval of a composition or for
an injunction to stay proceedings are
to be heard and decided by the judge
But he may refer the application to the
referee to ascertain and report the
facts.
or the referee to pass upon a trustee
appointed by creditors, but allows his
removal by the judge only.
Rule fourteen fOrbldS the appoint
ment of trustees by the courts.
Rule fifteen renders it allowable TO
dispense with trustees in cases where
there are no assets.
Rule sixteen provides for the immed-
late notification to the referee OF his ac-
ceptance-
The duties of trustees are outlined by
rule seventeen. One of these requires
him to prepare a complete inventory of
all the bankrupt's property coming into
his possession. He is to make report
to the court under this proceeding with
in twenty days, giving the estimated
value of each article. To this schedule
creditors are allowed to take exceptions
within twenty days. In such cases the
referee is authorized to require the ex-