New York Debtor & Creditor Law Article 3 - INSOLVENT'S DISCHARGE FROM DEBTS

• 50 - Who May Be Discharged.
  An insolvent debtor, who is a resident of the state at the time of presenting his petition, may be discharged from his debts, as prescribed...
• 51 - To What Court Application to Be Made.
  Application for such a discharge must be made, by the petition of the insolvent, addressed to the county court of the county in which he...
• 52 - Contents of Petition.
  The petition must be in writing; it must be signed by the insolvent, and specify his residence; it must set forth, in substance, that he...
• 53 - Consent of Creditors to Be Annexed.
  The petitioner must annex to his petition one or more written instruments, executed by one or more of his creditors, residing in the United States,...
• 54 - Consent of Executor, Administrator, Receiver, or Trustee.
  An executor or administrator may become a consenting creditor, under the order of the surrogate's court from which his letters issued. A trustee, official assignee,...
• 55 - Consent of Corporation or Joint-Stock Association.
  Where a corporation or joint-stock association becomes a consenting creditor, its consent must be executed under its common seal, and may be attested by any...
• 56 - Consent of Partnership.
  Where a partnership becomes a consenting creditor, the consent may be executed in its behalf, and any affidavit, required of a creditor in the proceedings,...
• 57 - Effect of Consent Where Petitioner is a Joint Debtor.
  A creditor's consent does not affect his remedy against any person or persons indebted jointly with the petitioner; and the petitioner's discharge has the effect,...
• 58 - Consent of Purchaser or Assignee of Debt.
  Where a consenting creditor is the purchaser or assignee of a debt against the petitioner, or the executor, administrator, trustee, or receiver of such a...
• 59 - Consenting Creditor Must Relinquish Security.
  A creditor who has, in his own name, or in trust for him, a mortgage, judgment, or other security, for the payment of a sum...
• 60 - Penalty If Creditor Swears Falsely.
  If a creditor knowingly swears, in any proceedings authorized by this article, that the petitioner is, or will become, indebted to him, in a sum...
• 61 - Affidavit of Consenting Creditor.
  The consent of a creditor must be accompanied with his affidavit, stating as follows: 1. That the petitioner is justly indebted to him, or will...
• 62 - When Non-Resident Creditor to Annex Accounts and Securities.
  A consenting creditor, residing without the state, and within the United States, must annex to his consent the original accounts, or sworn copies thereof, and...
• 63 - Petitioner's Schedule.
  The petitioner must annex to his petition a schedule, containing: 1. A full and true account of all his creditors. 2. A statement of the...
• 64 - Petitioner's Affidavit.
  An affidavit, in the following form, subscribed and taken by the petitioner before the county judge, or, in the city of New York, before the...
• 65 - Order to Show Cause.
  The petition and other papers, specified in the foregoing sections of this article, must be presented to the court, and filed with the clerk. The...
• 66 - How Order Published and Served.
  The order must be published and served in the following manner: 1. The petitioner must cause a copy thereof to be published in a newspaper,...
• 67 - Hearing.
  On the day specified in the order, and before any other proceedings are taken in the matter, the petitioner must present to the court, and...
• 68 - Putting Cause on Calendar.
  Where the insolvent's discharge is opposed, the court may direct the special proceeding to be placed upon the calendar for trial. In that case, the...
• 69 - Opposing Creditor to File Specifications, and May Demand Jury Trial.
  In order to entitle a creditor to oppose the discharge of the insolvent, he must, on the day fixed to show cause, or at such...
• 70 - Opposing Creditor to File Proofs, If Not Named in Schedule.
  Where the name of an opposing creditor does not appear in the schedule, he must file, with the specification of his objections, proof, by affidavit,...
• 71 - Proceedings If Jurors Do Not Agree.
  There shall be but one trial by jury. If the jurors cannot agree, after being kept together for such a time as the court deems...
• 72 - When Insolvent Required to Produce His Non-Resident Wife.
  Where the petitioner's wife resides without the state, the court, or a judge thereof out of court, may, upon the application of any creditor, make...
• 73 - Examination of Insolvent.
  At the hearing or trial, the petitioner must be examined under oath, at the instance of any creditor, touching his property or debts, or any...
• 74 - When Insolvent Cannot Be Discharged.
  In either of the following cases, the petitioner is not entitled to a discharge: 1. Where it appears, upon the hearing or trial, that, after...
• 75 - When Assignment to Be Directed.
  An order, directing the execution of an assignment, must be made by the court, where it appears, by the verdict of the jury; or, if...
• 76 - Assignment; Contents, and to Whom Made.
  The order must designate one or more trustees, residents of the state; and must direct the petitioner to execute, to him or them, an assignment...
• 77 - Trustees, How Designated.
  The trustee or trustees may be nominated by a majority in amount of the consenting creditors. If no person is so nominated, one or more...
• 78 - Effect of Assignment.
  The assignment vests in the trustee or trustees all the petitioner's interest, legal or equitable, at the time of its execution, in any real or...
• 79 - When Discharge to Be Granted.
  Upon the production by the petitioner of a certificate of the trustee or trustees, duly acknowledged or proved, and certified, in like manner as a...
• 80 - Order to Show Cause Where Trustee Refuses to Give Certificate.
  If a trustee refuses or neglects, upon payment or tender by the petitioner of the expense of so doing, to execute or acknowledge a certificate,...
• 81 - Proceedings Upon Return of Order.
  If, upon the return of the order, it appears that the assignment has been duly executed, and that the petitioner has duly delivered all his...
• 82 - Discharge and Other Papers to Be Recorded.
  The discharge, and the petition, affidavits, orders, schedule, and other papers, upon which the discharge is granted, exclusive of the minutes of testimony, must be...
• 83 - Effect of Discharge.
  Except as prescribed in the next two sections, a discharge granted as prescribed in this article, exonerates and discharges the petitioner from every debt, due...
• 84 - Effect of Discharge As to Foreign Contracts or Creditors.
  In either of the following cases, such a discharge does not affect a debt or liability, founded upon a contract, unless it was owing, when...
• 85 - Effect of Discharge As to Debts to the United States and the State.
  Such a discharge does not affect: 1. A debt or duty to the United States; or 2. A debt or duty to the state, for...
• 86 - Insolvent to Be Released From Imprisonment.
  If, at the time when the discharge is granted, the petitioner is under arrest, by virtue of an execution against his person issued, or an...
• 87 - Discharge, When Void.
  A discharge, granted as prescribed in this article, is void, in either of the following cases: 1. Where the petitioner wilfully swears falsely, in the...
• 88 - Invalidity May Be Proved on Motion to Vacate Order of Arrest or Execution.
  Where a person, who has been discharged as prescribed in this article, is afterwards arrested by virtue of an order of arrest made, or an...

Last modified: February 3, 2019