NY Debt & Cred L § 4 (2021)
2021 New York Laws DCD - Debtor and Creditor Article 2 - General Assignments for the Benefit of Creditors 4 - Debtor's Schedule.

§ 4. Debtor's schedule. 1. A debtor making an assignment shall, at the date  thereof  or  within  twenty days thereafter, cause to be made, and filed with the county clerk of  the  county  where  such  assignment  is recorded,  and  file a duplicate thereof with the assignee, an inventory or schedule containing:  (a) The name, occupation, place of residence, and place  of  business, of such debtor;  (b) The name and place of residence of the assignee;  (c)  A  full  and  true  account  of all the creditors of such debtor, stating the last known place of residence or business of each, if known, if unknown the fact to be stated, the sum owing to each, with  the  true cause  and  consideration therefor, and a full statement of any existing security for the payment of the same;  (d) A full and true inventory of all such debtor's estate at the  date of  such  assignment, both real and personal, in law and in equity, with the incumbrances existing thereon, and the  actual  value  of  the  same according  to  the  best  knowledge of such debtor; and a claim for such exemptions as he may be entitled to;  (e) An affidavit made by such debtor, that the same is in all respects just and true.   2. In case such debtor shall omit, neglect or refuse to make and  file such inventory or schedule within the twenty days required, the assignee named  in  such  assignment  shall,  within  thirty  days after the date thereof, cause to be made, and filed  as  aforesaid  such  inventory  or schedule  as  above  required, in so far as he can; and for such purpose the judge shall, at any time, upon the  application  of  such  assignee, compel  by  order such delinquent debtor, and any other person to appear before him and disclose, upon oath, any knowledge or information he  may possess,  necessary  to the proper making of such inventory or schedule. The assignee shall verify the inventory and schedule so made by him,  to the effect that the same is in all respects just and true to the best of his knowledge and belief.   3.  In  case  the  said assignee shall be unable to make and file such inventory or schedule, within said thirty  days,  the  judge  may,  upon application  upon  oath,  showing such inability, allow him such further time as shall be necessary, not exceeding sixty days.  If  the  assignee fail to make and file such inventory or schedule within said thirty days or  such  further  time  as  may be allowed, the judge shall require, by order, the assignee forthwith to appear before him, and show  cause  why he  should not be removed. Any person interested in the trust estate may apply for such order and demand such removal. The books  and  papers  of such  delinquent  debtor shall at all times be subject to the inspection and examination of any creditor. The judge is authorized, by  order,  to require such debtor or assignee to allow such inspection or examination. Disobedience  to  such  order is a contempt, and obedience to such order may be enforced by attachment.   4. The assignor shall comply with all  lawful  orders  of  the  judge; examine  the  correctness of all claims presented against his estate, if ordered by the judge so to do, and if any is incorrect or  false  notify his assignee thereof immediately; deliver to his assignee all his books, papers  and records; execute and deliver such papers as shall be ordered by the judge; and execute and deliver to his assignee transfers  of  all his  property  outside  the  state  of  New York. When so ordered by the judge, the assignor shall attend before the assignee, a referee  or  the court  in  the  county  where  the  assignor  resides,  and submit to an examination under oath concerning the conducting of  his  business,  the cause of his inability to pay his debts, his dealings with his creditors and other persons, the amount, kind and whereabouts of his property, and  all  matters  which  may affect the administration and settlement of his estate.   5. In any examination of the assignor ordered by the judge pursuant to subdivision  four  of  this  section,  the  court may confer immunity in accordance  with  the  provisions  of  section  50.20  of  the  criminal procedure  law;  provided,  however, that no immunity shall be conferred except upon twenty-four hours prior written notice  to  the  appropriate district attorney having an official interest therein.   6.  The  court  may  allow as an administrative expense one reasonable fee, irrespective  of  the  number  of  attorneys  employed,  for  legal services  rendered  to  the  assignor  in  preparing  the assignment and assisting the assignor to comply with his duties in respect of schedules and inventory. If  a  debtor,  in  contemplation  of  making  a  general assignment  for  the  benefit  of creditors, shall pay money or transfer property, directly or indirectly, to an attorney for  services  rendered or  to  be  rendered  in connection with the assignment, the transaction shall be reexamined by the court on petition  of  the  assignee  or  any creditor  and  shall  be  held  valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the assignee for the benefit of the estate.