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FORM No. 13-15

ORDER CONFIRMING PLAN

[Caption, other than designation, as in Form No. 13-1]

ORDER CONFIRMING PLAN

The debtor's plan filed on

as modified by a modification filed on

having been transmitted to his creditors; and

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[If appropriate] The deposit required by the plan in the sum of $........ having been made; and

It having been determined after hearing on notice:

(1) That the plan has been accepted in writing, or is deemed to have been accepted, by the creditors whose acceptance is required by law [or by all creditors affected thereby]; and

(2) That the plan has been proposed and its acceptance procured in good faith and not by any means, promises, or acts forbidden by law [and, if the plan is accepted by less than all affected creditors, the provisions of Chapter XIII of the Act have been complied with, the plan is for the best interests of the creditors and is feasible, and the debtor has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to the discharge of a bankrupt];

It is ordered that:

1. The debtor's plan [if appropriate, as modified] is confirmed. 2. On .. thereafter until further order, the debtor shall pay [or ..

and each .....

......

the employer of the debtor, shall deduct from the wages, salary, or commissions of the debtor

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FORM NO. 13-16

DISCHARGE OF DEBTOR

[Caption, other than designation, as in Form No. 13-1]

DISCHARGE OF DEBTOR

It appearing that the above-named debtor has filed a petition commencing a case under Chapter XIII of the Bankruptcy Act on ..., has had a plan confirmed, and has completed all payments under said plan [or has failed to complete payments under the plan due to circumstances for which he cannot justly be held accountable], it is ordered that:

1. The above-named debtor is released from all dischargeable debts.

2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following:

(a) debts dischargeable under § 17a and b and § 660 [or § 661] of the Act;

(b) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clauses (2) and (4) of § 17a of the Act;

(c) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clause (8) of § 17a of the Act, except those debts on which an action was pending on the date when the petition was filed as specified above in which a right to jury trial existed and a party has either made a timely demand therefor or has submitted to this court a signed statement of intention to make such a demand; (d) debts determined by this court to be discharged under 17c (3) of the Act.

3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process to collect such debts as personal liabilities of the above-named debtor.

Dated:

Bankruptcy Judge.

INDEX

ABSTENTION. See also Civil Rights Act of 1871, 2; Injunctions;
Optometry; Procedure, 5.

Issuance of injunction by District Court-Action pending in state
court-Practice of optometry in Alabama.-Though the District
Court did not abuse its discretion in not abstaining until the Lee
Optical decision was rendered by the Alabama Supreme Court, the
principles of equity, comity, and federalism warrant reconsideration
of this case in the light of that decision. Gibson v. Berryhill, p. 564.
ABUSE OF DISCRETION. See Abstention; Administrative Pro-
cedure, 1, 6; Civil Rights Act of 1871, 1; Elections; Injunc-
tions; Judicial Review, 1, 4; Jurisdiction, 1-2; Optometry;
Procedure, 5; Waivers.

ACCELERATED DEPRECIATION. See Administrative Proce-
dure, 4; Taxes, 4.

ACCOUNTING PRACTICES. See Administrative Procedure, 4;
Taxes, 4.

ACQUISITION-OF-ASSETS

AGREEMENTS. See Antitrust

Acts; Federal Maritime Commission.

ADMINISTRATIVE CONSTRUCTION. See Rivers and Harbors
Act of 1899, 1-2.

ADMINISTRATIVE CONVENIENCE. See Armed Forces; Con-
stitutional Law, I, 1.

ADMINISTRATIVE PROCEDURE. See also Abstention; Anti-
trust Acts; Civil Rights Act of 1871, 2; Constitutional Law,
III; Federal Maritime Commission; Federal Power Commis-
sion; Injunctions; Judicial Review, 1-4; Optometry; Penalties;
Procedure, 2; Taxes, 4.

1. Comptroller of the Currency-Denial of national bank charter-
Judicial review-Standard of judicial review of Comptroller of Cur-
rency's denial of national bank charter is whether his adjudication
was "arbitrary, capricious, an abuse of discretion or otherwise not
in accordance with law." District Court is to review the admin-
istrative record already in existence, supplemented if necessary by
affidavits or testimony amplifying reasons for Comptroller's de-

ADMINISTRATIVE PROCEDURE Continued.

cision, and is not authorized to conduct a de novo hearing at which
the "substantial evidence" test is to be applied. Camp v. Pitts, p.
138.

2. Federal Power Commission—Authorization to issue bonds—
Anticompetitive effects.-The FPC, as a general rule, must consider
the anticompetitive consequences of a security issue under § 204 of
the Federal Power Act, as the Act did not render antitrust policy
irrelevant to the FPC's regulation of the electric power industry.
Gulf States Utilities Co. v. FPC, p. 747.

3. Federal Power Commission-Hearings-Summary disposition.-
Though the FPC is not necessarily required to hold a hearing or
make a full investigation in all cases, its summary disposition of
proffered objections to the security issue requires strict scrutiny by
a reviewing court in light of the FPC's obligation to protect the
public interest and enforce the antitrust laws. Unexplained sum-
mary action is incompatible with the requirements of § 204 of the
Federal Power Act and precludes appropriate judicial review. Gulf
States Utilities Co. v. FPC, p. 747.

4. Federal Power Commission-Tax Reform Act of 1969-Change
in depreciation for utility companies.-Section 441 of the Act does
not deprive the FPC of the authority to permit a utility subject to
its Natural Gas Act jurisdiction to change depreciation method that
it uses for ratemaking from accelerated depreciation with "flow
through" of the utility's tax savings to customers to accelerated
depreciation with normalization, with respect to pre-1970 property
as well as replacement property. FPC v. Memphis Light, Gas &
Water Div., p. 458.

5. Federal Reserve Board-Regulation Z-Disclosure in credit
transactions-"Four Installment Rule" of Regulation Z is a valid ex-
ercise of Federal Reserve Board's rulemaking authority under the
Truth in Lending Act. Congress, which was well aware that mer-
chants could evade disclosure requirements of the Act by concealing
credit charges, gave the Board broad rulemaking power to prevent
such evasion. Mourning v. Family Publications Service, Inc., p. 356.
6. Packers and Stockyards Act-Suspension of stockyard opera-
tor Judicial review.-In setting aside 20-day suspension order
against stockyard operator for short-weighting, Court of Appeals ex-
ceeded scope of proper judicial review of administrative sanctions,
since Secretary of Agriculture had full authority to make the sus-
pension order as a deterrent to violations whether intentional or
negligent, and issuance of order against respondent, who had ignored

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