Norwich bulletin., 1914-09-23
NEW BANKRUPTCY REGULATIONS
Are Now Efec-New Rules of Procedure Were Prepared by Referees-Have Been Adopted by Judge Thomas of U s. Comt-Cover Many Important Points,

The new rules pertaining to bank rrptcy, which were recently prepared by the referees in bankruptcy, and subsequently, adopted by Judge Ed win $. Thomas of the United States court. have now gone into effect and row form the basis of procedure in the United States court in all matters re-
 garding bankruptcy. There are some things in the new rules that the soon-
 CT lawyers get wise to the better.
 One of the rules provides that all bankruptcy papers must be legally
 written. Anyone who has had any
 tf ing to do with bankruptcy papers
 kICws that some of the writing is
 horrible, and in the past many have
 been led to believe that some lawyers
 apparently do not know that type
 writers are being manufactured, and
 ti:en, too, it has appeared that the
 study of pennanship was sadly neg-
 iscted when some of the lawyers went
 to school. The new rules provide that
 all papers filed must be 1egibly written
 or printed on paper with a margin ot
 at least one and one-haif inches on
 the upper end of each page and one
 inch on the left of each page. They -Gorsed outside with number of case,
 title of court. title of case, chara cter
 Of paper, name and address of attor- Eey presenting same.
 fTequently those filing petitions in
 bankruptcy make oath that they have
 rot the s30 with which to pay the ding fee. Even though the fee is not paid at the time of the filing of the peti- ton in Bankruptcy, it has to be paid
 before the bankrupt can hope for dis charge. Under the new rules 1t is pro- Vlded that petitioners making no de-
 DC sit for officers fees should be exam fred by the referee in regard to their means. If he is not satisfied as to the inability Of the bankrupt to make deposit, he should so report to the court, and further proceedings witl meantime be stayed.
 Rule four of the new procedure pro- Eides that all writs or subpoenas Tn involuntary eases should be made re- tGrnable on the first Monday after Hling Of petition, which will allow six days notice to be served on the debt Or. The writ should contain notice to tfe debtor or defendant that he need rot appear on the return day and that hve days are allowed thereafter for such appearance and answer
 In case the debtor is not found to De served, the marshal shall forthwith make return of such fact to the court, ard the clerk shall issue an order for puollcation of notice of pendency of such petition and of the return day thereon two times in some newspaper published near the last place of debt CTS abode. and until fifteen days after such notice shall have been published TO adjudication or reference shall be made.
 As to the intention of a bankrupt to offer terms of composition to his creditors, the rules say that he may notify the referee of his intention to do so before the order for the first IS made; and in such case the referee shall include in the notice of the first meeting a statement of the terms Of composition to be proposed.
 Specifications in opposition to dis Charge or confirmation, the rules say. must be verified by the party inter- posing the same. and filed in duplicate with the special master within ten days after the return day, one of which duplicates shall be forthwith mailed by the special master to the Bankrupt or his lawyer. The rules say that ill cases where person shall pe entitled to have a trial by jury and shall have duly applied therefor. the cause may be continued to the next regular term of the district court
 Alter cause shall be placed on the t1ial calendar, it may be passed over to another day of the same term by consent of counsel or order of the court, but shall not be continued be- yond the term save in exceptionaI Cases by order of the court upon eool cause shown by affidavit and upon such terms as the court shall in it's discre- hor impose. Continuances beyond the Et rm by consent of the parties shall -e allowed on condition only that a stipulation be signed by counsel for all the parties and that all costs in cured heretofore shall be paid. Thereupon an order shall be entered cropping the case from the trial cal sudar, subject to reinstatement with IT one year upon application to the O rfy fv- ;1I- It shall be heard at the earliest con tenient day. If not so reinstatel within the year, the suit shall be dis missed without prejudice.
 one or the rules that relates to costs in actions brought by creditors provides that costs in actions by cred tors ID which an attachment has been dissolved by the adjudication in bank 'uptcy shall be entitled to priority only, where they have necessarily in- ,urred in good faith, and have result "a Tn preserving the assets of the leptor. Claims for such costs shall De proven in the name of the creditor. put may be verified by the attorney in | ne action as agent or attorney for he creditor.
 Rule seventeen provides that within he first month after his appointment | .nd at the expiration of every two months thereafter the trustee or re- ,eIEer shall file with the referee a. re- port in writing of the condition of inc iLtalrs Of the estate, giving full detail l , ,I ms actions as trustee or receiver. 1 mere IS a feature that will be appre- | .lated by creditors of bankrupt estates. l II IS In line with the rule of the s,1per l or court which requires receiver D nie a monthly statement of condi- 1 Ion or the estate he has in charge,
 One or the rules provides that the i eIeree Will hear matters in bank | 'uptcy Mondays at D. m, but since ne new rules were adopted this rule las been changed. Hearings will be | on the hrst Monday of each month "ltn the exceptions of July and Au-