reglab/statecodes huggingface dataset:
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 53 - Consent of Creditors to Be Annexed.

§ 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, having debts owing to him
  or them in good faith, then due  or  thereafter  to  become  due,  which
  amount  to  not  less  than  two-thirds  of  all the debts, owing by the
  petitioner  to  creditors  residing  within  the  United  States.   Each
  instrument  must  be  to  the  effect,  that  the person or corporation,
  executing it, consents to the  discharge  of  the  petitioner  from  his
  debts, upon his complying with the provisions of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 54 - Consent of Executor, Administrator, Receiver, or Trustee.

§  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,  or  receiver  of  the property of a creditor of the
  petitioner, whether created by  operation  of  law  or  by  the  act  of
  parties,  may become a consenting creditor, under the order of a justice
  of the supreme court. A person who becomes  a  consenting  creditor,  as
  prescribed  in  this  section,  is  chargeable only for the sum which he
  actually receives, as a dividend of the insolvent's property.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 55 - Consent of Corporation or Joint-Stock Association.

§  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 director or other  officer  thereof,  duly  authorized  for  that
  purpose;  who  may  make  any  affidavit,  required of a creditor in the
  proceedings.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 56 - Consent of Partnership.

§ 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, may be made, by either of the
  partners.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 57 - Effect of Consent Where Petitioner Is a Joint Debtor.

§  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, as between the creditor and  the  other  joint
  debtors,  of a composition between the petitioner and the creditor, made
  as prescribed in title one of article fifteen of the general obligations
  law.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 58 - Consent of Purchaser or Assignee of Debt.

§  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 purchaser
  or  assignee, he is deemed, for all the purposes of this article, except
  as to the declaration and receipt of dividends, a creditor only  to  the
  amount,  actually and in good faith paid for the debt, by him, or by the
  decedent or other person, from whom  he  derives  title,  and  remaining
  uncollected.  This section is not affected by the recovery of a judgment
  for the debt, after the purchase or assignment; but in  that  case,  the
  consenting  creditor  may include the uncollected costs, as if they were
  part of the sum paid for the debt.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 59 - Consenting Creditor Must Relinquish Security.

§  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 of money, which is a lien upon,
  or  otherwise  affects,  real  or  personal  property  belonging  to the
  petitioner, or transferred by him since the  lien  was  created,  cannot
  become  a  consenting  creditor,  with  respect  to the debt so secured,
  unless he adds to or includes in his  consent,  a  written  declaration,
  under  his  hand,  to  the  effect,  that  he relinquishes the mortgage,
  judgment, or other security, so far as it affects that property, to  the
  trustee to be appointed pursuant to the petition, for the benefit of all
  the  creditors.  Such  a  declaration  operates,  to  that extent, as an
  assignment to the trustee, of the mortgage, judgment, or other security;
  and vests  in  him  accordingly  all  the  right  and  interest  of  the
  consenting creditor therein.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 60 - Penalty if Creditor Swears Falsely.

§  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 of money, which
  is not really due, or thereafter to become due; or in more than the true
  amount;  or  that  more  was  paid  for  a  debt, which was purchased or
  assigned, than the sum, actually and in good  faith  paid  therefor;  he
  forfeits to the trustee, to be recovered in an action, twice the sum, so
  falsely sworn to.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 61 - Affidavit of Consenting Creditor.

§ 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 become
  indebted to him, at a future day specified therein,  in  a  sum  therein
  specified;  and,  if he, or the person from whom he derives title, is or
  was the purchaser or assignee of the debt, he must also specify the sum,
  actually and in good faith paid for the debt, as prescribed  in  section
  fifty-eight of this chapter.
2.  The  nature  of  the  demand,  and  whether  it arose upon written
  security, or otherwise, with the general ground or consideration of  the
  indebtedness.
3.  That  neither he, nor any person to his use, has received from the
  petitioner, or from any other person, payment of a demand, or  any  part
  thereof,  in  money  or  in  any other way, or any gift or reward of any
  kind, upon an express or implied trust,  confidence,  or  understanding,
  that he should consent to the discharge of the petitioner.
Where  a  consenting  creditor is an executor, administrator, trustee,
  receiver, or  assignee,  he  may  state  the  necessary  facts,  in  his
  affidavit,  upon  information  and  belief,  setting  forth  therein the
  grounds of his belief; but in  that  case,  the  consent  must  also  be
  accompanied with the affidavit of the insolvent, to the effect, that all
  the  matters of fact stated in the affidavit of the consenting creditor,
  are true.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 62 - When Non-Resident Creditor to Annex Accounts and Securities.

§  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  the  original specialties or other written securities, if
  any, upon which his demand arose or  depends.  Provided,  however,  that
  when  such  original specialties, or other written securities, are lost,
  such fact must be stated as  a  reason  for  not  annexing  thereto  the
  consent,  and  the  fact of the loss, and the manner of the loss thereof
  must be stated in the affidavit of the  creditor  to  the  best  of  his
  knowledge,  or must be otherwise proved by affidavit to the satisfaction
  of the court; and the court may thereupon, in such case  or  proceeding,
  by its order, dispense with the annexing to such consent of the original
  specialties or other written securities.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 63 - Petitioner's Schedule.

§ 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 place of residence of each creditor, if it is
  known; or, if it is not known, a statement of that fact.
3. A statement of the sum which he owes  to  each  creditor,  and  the
  nature  of  each debt or demand, whether arising on written security, on
  account, or otherwise.
4. A statement of the true cause and consideration of his indebtedness
  to each creditor, and the place where the indebtedness accrued.
5. A statement of any existing judgment, mortgage,  or  collateral  or
  other security, for the payment of the debt.
6. A full and true inventory of all his property, in law or in equity,
  of  the  incumbrances  existing thereon, and of all the books, vouchers,
  and securities, relating thereto.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 64 - Petitioner's Affidavit.

§  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 judge holding the term of the court, at
  which  the  order specified in the next section is made, must be annexed
  to the schedule:
"I, __________ , do swear" (or "affirm, " as the case may  be),  "that
  the  matters  of fact stated in the schedule hereto annexed, are, in all
  respects, just and true;  that  I  have  not,  in  contemplation  of  my
  becoming  insolvent,  or within two years before presenting the petition
  herein, disposed of or made over any part of my property, not exempt  by
  express  provision  of law from levy and sale by virtue of an execution,
  for the future benefit of myself or my family, or disposed  of  or  made
  over  any  part of my property, in order to defraud any of my creditors;
  that I have not, in any instance, created or acknowledged a debt  for  a
  greater  sum  than  I honestly and truly owed; and that I have not paid,
  secured to be paid, or in any way compounded with, any of my  creditors,
  with  a  view  fraudulently  to obtain the prayer of my petition; that I
  have not done, suffered or been privy to any act, matter or thing which,
  if accomplished, would be ground for withholding my discharge under  the
  provisions of this act, or invalidate such discharge if granted."
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 65 - Order to Show Cause.

§ 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  court  must  thereupon  make  an  order,
  requiring  all  the creditors of the petitioner to show cause before it,
  at a time  and  place  therein  specified,  why  an  assignment  of  the
  insolvent's  property should not be made, and he be thereupon discharged
  from his debt, as prescribed in this article;  and  directing  that  the
  order be published and served, as prescribed in the next section.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 66 - How Order Published and Served.

§  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,  designated  in the order, published in the county; and also,
  if one-fourth part of the  insolvent's  debts  accrued  or  are  due  to
  creditors  residing in the city of New York, in a newspaper published in
  that city, designated in the order. The  publication  must  be  made  at
  least once in each of four weeks, immediately preceding the day in which
  cause is to be shown.
2.  The petitioner must also serve upon each creditor, residing within
  the United States, whose place of residence is known to him, a  copy  of
  the  order to show cause, either personally, at least twenty days before
  the day when cause is to be shown, or by depositing it, at  least  forty
  days  before  that  day,  in  the  post-office,  inclosed in a post-paid
  wrapper, addressed to the creditor at his usual place of residence.
Where the state is a creditor of the petitioner, a copy of  the  order
  must  be  served upon the attorney-general, who must represent the state
  in the subsequent proceedings.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 67 - Hearing.

§ 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 file with the clerk, proof, to the satisfaction of the court,
  that the order has been published and served, as prescribed in the  last
  section;  and  thereupon,  on the same day, or upon the day to which the
  hearing is adjourned, the court must hear the allegations and proofs  of
  the  parties appearing. Proof of personal service of a copy of the order
  upon any person, must be made, in like manner as proof of  the  personal
  service of a summons, in an action brought in the supreme court.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 68 - Putting Cause on Calendar.

§  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 parties must appear, and the
  proceedings  are  the  same,  as  in  an  action,  except  as  otherwise
  prescribed  in  this  article;  and  costs,  as in an action, except for
  proceedings before notice of trial, may be awarded to either  party,  in
  the discretion of the court.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 69 - Opposing Creditor to File Specifications, and May Demand Jury Trial.

§  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 other
  time as the court may direct, file with the clerk a specification of his
  objections; and he may then, but not afterwards, demand a  trial,  by  a
  jury,  of  the questions of fact arising thereupon. If a trial by a jury
  is not then demanded, the questions of fact must be tried by the  court,
  without  a  jury.  Where one of two or more opposing creditors demands a
  trial by a jury, all the material questions of fact,  arising  upon  the
  objections  of  all  the creditors, must be tried in like manner, and at
  the same time.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 70 - Opposing Creditor to File Proofs, if Not Named in Schedule.

§  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, that he is a creditor; and, if his debt is not set  forth  in
  the  schedule,  he must also file his affidavit, to the effect specified
  in subdivisions first and second of section sixty-one of this chapter.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 71 - Proceedings if Jurors Do Not Agree.

§ 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 reasonable, the court must discharge them, and
  determine the questions of fact, or those  questions  as  to  which  the
  jurors have not agreed, upon the evidence taken before the jury, as if a
  jury had not been demanded.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 72 - When Insolvent Required to Produce His Non-Resident Wife.

§  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 an
  order,  requiring  the petitioner to bring his wife before the court, at
  the hearing or trial, to the end that she may be examined as a  witness.
  A  copy  of  the order must be personally served upon the petitioner, at
  least three weeks before the hearing. If it appears, upon  the  hearing,
  that  service  could not, with due diligence, be so made, in consequence
  of  the  petitioner's  sickness  or  absence,  the  court  may,  in  its
  discretion,  adjourn  the  hearing  or trial, and prescribe the time and
  manner of service of the order for the  adjourned  day.  If,  after  due
  service,  the  petitioner's  wife  does not attend at the time and place
  appointed, the petitioner is not entitled to his  discharge,  unless  he
  proves,  to the satisfaction of the court, by his affidavit, or upon his
  oral examination, or otherwise,  that  he  was  unable  to  procure  her
  attendance.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 73 - Examination of Insolvent.

§  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  other  matter  stated  in  his
  schedule,  or  any  changes  that  have occurred in the situation of his
  property, since the making of the schedule; and particularly whether  he
  has  collected  any  debts  or  demands,  or  made  any transfers of, or
  otherwise affected, his real or  personal  property.  Any  creditor  may
  contradict or impeach, by other competent evidence, the testimony of the
  insolvent or of his wife.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 74 - When Insolvent Cannot Be Discharged.

§  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 making the
  schedule annexed to his petition, he has collected a debt or demand,  or
  transferred,   absolutely,  conditionally,  or  otherwise,  any  of  his
  property, not exempt  by  law  from  levy  and  sale  by  virtue  of  an
  execution,  and  he  neglects  or  refuses  forthwith to pay over to the
  clerk, the full amount of all debts and demands so  collected,  and  the
  full  value of all property so transferred, except so much of the money,
  and of the value of the property, as appears to  have  been  necessarily
  expended by him for the support of himself or his family.
2.  Where  it appears, in like manner, that the petitioner, within two
  years before presenting the  petition,  has,  in  contemplation  of  his
  becoming  insolvent, or of his petitioning for his discharge, or knowing
  of his  insolvency,  made  an  assignment,  sale,  or  transfer,  either
  absolute  or  conditional,  of  any  of his property, or of any interest
  therein, or confessed a judgment, or given any security, with a view  of
  giving a preference to a creditor for an antecedent debt.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 75 - When Assignment to Be Directed.

§  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 a jury has not been demanded, or  the
  jurors have been discharged by reason of their inability to agree, where
  it satisfactorily appears to the court; as follows:
1.  That the petitioner is justly and truly indebted to the consenting
  creditors, in sums which amount, in the aggregate, to two-thirds of  all
  the  debts,  which  the  petitioner  owed, at the time of presenting his
  petition, to creditors residing within the United States.
2. That he has honestly  and  fairly  given  a  true  account  of  his
  property.
3.  That  he  has, in all things, conformed to the matters required of
  him by this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 76 - Assignment; Contents, and to Whom Made.

§ 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  of  all  his
  property,  at  law or in equity, in possession, reversion, or remainder,
  excepting only so much thereof, as is exempt by law from levy and  sale,
  by  virtue  of  an  execution.  The  assignment  must be acknowledged or
  proved, and certified, in like manner as a deed to be  recorded  in  the
  county,  and must be recorded in the clerk's office of the county. Where
  it appears, from the schedule or otherwise, that real property will pass
  thereby, it must be also recorded as a deed, in the  proper  office  for
  recording deeds, of each county where the real property is situated.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 77 - Trustees, How Designated.

§  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 persons must be appointed by the
  court for the purpose. The nomination may be included in the consent, or
  made in a separate paper, or orally  upon  the  hearing  or  trial,  and
  entered in the minutes.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 78 - Effect of Assignment.

§  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 personal property, not exempt by law
  from levy and sale  by  virtue  of  an  execution;  and  any  contingent
  interest which may vest within three years thereafter. When a contingent
  interest  so  vests,  it passes to the trustee, in the same manner as it
  would have vested in the petitioner, if he had not made an assignment.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 79 - When Discharge to Be Granted.

§  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 deed to be
  recorded in the county, to the effect, that the insolvent has  assigned,
  for the benefit of all his creditors, all his property so directed to be
  assigned,  and all the books, vouchers, and papers relating thereto, and
  that he has delivered so much thereof as is  capable  of  delivery;  and
  also  of a certificate of the county clerk, that the assignment has been
  duly recorded in his office; the court must grant  to  the  insolvent  a
  discharge from his debts, which has the effect declared in the following
  sections of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 80 - Order to Show Cause Where Trustee Refuses to Give Certificate.

§  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, as  prescribed  in  the  last  section,  or  to  cause  the
  assignment  to be recorded, as therein prescribed, the court, upon proof
  by affidavit of the facts, must make an order, requiring the trustee  to
  show  cause,  at  a time and place therein specified, why the petitioner
  should not be discharged, notwithstanding his neglect  or  refusal;  and
  why the trustee's appointment should not be revoked.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 81 - Proceedings Upon Return of Order.

§  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  property directed to be
  assigned, and all the books,  vouchers,  and  papers  relating  thereto,
  which are capable of delivery, the court may, either
1. Grant a discharge of the petitioner, notwithstanding the neglect or
  refusal of the trustee; or
2.  Make  an  order, revoking the appointment of the trustee. Upon the
  entry of such an order, the powers of the trustee, and his  interest  in
  the  assigned  property,  cease. If there is no other trustee, the court
  must, by the same or another order, appoint one or  more  new  trustees.
  Such  an appointment has the same effect, as if the person or persons so
  appointed were named as trustees in the original assignment.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 82 - Discharge and Other Papers to Be Recorded.

§  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
  recorded in the clerk's office of the county, within three months  after
  the  discharge  is  granted.  In  default thereof, the discharge becomes
  inoperative, from and after  that  time.  The  original  discharge,  the
  record  thereof,  or  a  transcript of the record duly authenticated, is
  conclusive evidence of the proceedings and facts therein contained.  The
  other  papers  specified  in  this  section,  the  record  thereof, or a
  transcript of the record duly authenticated, are presumptive evidence of
  the proceedings and facts therein contained.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 83 - Effect of Discharge.

§  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 at the time when he
  executed his assignment, including a debt contracted before  that  time,
  though  payable afterwards; and from every liability incurred by him, by
  making or indorsing a promissory note,  or  by  accepting,  drawing,  or
  indorsing a bill of exchange, before the execution of his assignment; or
  incurred  by  him, in consequence of the payment, by any party to such a
  note or bill, of the whole or any part of  the  money  secured  thereby,
  whether  the  payment  is  made  before  or  after  the execution of the
  assignment. At any time after one year has elapsed, since the  recording
  of  the  discharge,  and  the petition, affidavits, orders, schedule and
  other papers upon which the discharge  was  granted,  as  prescribed  in
  section eighty-two of this chapter, the petitioner may apply, upon proof
  of  his  discharge,  to  the  court  in which a judgment shall have been
  rendered against him, for an order directing the judgment to be canceled
  and discharged of record. If it appears that he has been discharged from
  the payment of that judgment, an order must  be  made  accordingly,  and
  thereupon  the clerk must cancel and discharge the docket thereof, as if
  the proper satisfaction-piece of the judgment was filed. Notice  of  the
  application,  accompanied  with  copies  of  the papers upon which it is
  made, must be given to the judgment creditor, unless his written consent
  to the granting of the order, with satisfactory proof of  the  execution
  thereof,  and  if  he  is  not the party in whose favor the judgment was
  rendered, that he is the owner thereof, is presented to the  court  upon
  the application.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 84 - Effect of Discharge as to Foreign Contracts or Creditors.

§  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 the
  petition was presented, to a resident of the state; or the creditor  has
  executed a consent to the discharge; or has appeared in the proceedings;
  or has received a dividend from the trustee:
1.  Where  the  contract was made with a person, not a resident of the
  state.
2. Where it was made and to be performed without the state.
3. Where the creditor was  not,  at  the  time  of  the  discharge,  a
  resident of the state.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 85 - Effect of Discharge as to Debts to the United States and the State.

§  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 taxes or  for  money  received  or
  collected by any person as a public officer, or in a fiduciary capacity,
  or a cause of action specified in section sixty-three-c of the executive
  law or a judgment recovered upon such a cause of action.
Except  as  prescribed  in  this section, the discharge exonerates the
  petitioner from a debt or other liability to the state, in  like  manner
  and to the same extent, as from a debt or liability to an individual.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 86 - Insolvent to Be Released From Imprisonment.

§ 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 order of arrest  made,  in
  an  action  or special proceeding, founded upon a debt or liability from
  which he is discharged, as prescribed in the foregoing sections of  this
  article,  he  must  be  released  from the arrest, upon producing to the
  officer his discharge, or a certified copy of the record thereof. If the
  adverse party wishes to test the  validity  of  the  discharge,  he  may
  procure a new order of arrest, or cause a new execution to be issued, as
  the case requires.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 87 - Discharge, When Void.

§ 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 affidavit
  annexed to his  petition  or  schedule,  or  upon  his  examination,  in
  relation  to any material fact, concerning his property or his debts, or
  to any other material fact.
2. Where, after presenting his petition,  he  sells,  or  in  any  way
  transfers  or  assigns,  any  of  his  property, or collects any debt or
  demand owing to him, and does not give a just and true account  thereof,
  upon  the  hearing or trial, and does not pay the money so collected, or
  the value  of  the  property  so  sold,  transferred,  or  assigned,  as
  prescribed in this article.
3.  Where he secretes any part of his property, or a book, voucher, or
  paper relating thereto, with intent to defraud his creditors.
4. Where he fraudulently conceals the name of any creditor, or the sum
  owing to any creditor, or fraudulently misstates such a sum.
5. Where, in order to obtain his discharge, he procures any person  to
  become  a  consenting  creditor, wilfully, intentionally, and knowingly,
  for a sum not due from him to that person in good faith, or  for  a  sum
  greater  than  that  for  which  the  holder  of  a demand, purchased or
  assigned, is deemed a creditor, as prescribed in this article.
6. Where he pays, or consents to the payment of, any  portion  of  the
  debt  or  demand of a creditor, or grants or consents to the granting of
  any gift or reward to a creditor, upon an express or  implied  contract,
  trust, or understanding, that the creditor so paid or rewarded should be
  a  consenting  creditor,  or  should abstain or desist from opposing the
  discharge.
7. Where he is guilty of any fraud whatsoever, contrary  to  the  true
  intent of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 3 - Insolvent's Discharge From Debts › 88 - Invalidity May Be Proved on Motion to Vacate Order of Arrest or Execution.

§  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 execution issued, in an action founded upon a debt or liability  from
  which  he is so discharged, the adverse party may oppose his application
  to be released from the arrest, by proof, by affidavit, of any cause for
  avoiding the discharge, for want of jurisdiction, or as specified in the
  last section. If such a cause is established, the  application  must  be
  denied.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 100 - Who May Be Exempted, and by What Court.

§ 100. Who may be exempted, and by what court. An insolvent debtor may
  be  exempted from arrest, or discharged from imprisonment, as prescribed
  in this article. For that purpose, he must apply, by  petition,  to  the
  county court of the county in which he resides, or is imprisoned; or, if
  he  resides  or  is  imprisoned  in the city of New York, to the supreme
  court. A person, who has been admitted to the jail liberties, is  deemed
  to be imprisoned, within the meaning of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 101 - Contents of Petition.

§  101. Contents of petition. The petition must be in writing; it must
  be signed by the insolvent, and specify his residence, and also,  if  he
  is in prison, the county in which he is imprisoned, and the cause of his
  imprisonment.  It must set forth, in substance, that he is unable to pay
  all his debts in full; that he is willing to assign his property for the
  benefit of all his creditors, and in all other respects to  comply  with
  the  provisions  of this article, for the purpose of being exempted from
  arrest and imprisonment, as prescribed therein; and it must  pray,  that
  upon  his so doing, he may thereafter be exempted from arrest, by reason
  of a debt, arising upon a contract previously made; and also, if  he  is
  imprisoned,  that he may be discharged from his imprisonment. It must be
  verified by the affidavit of the insolvent, annexed  thereto,  taken  on
  the day of the presentation thereof, to the effect, that the petition is
  in all respects true in matter of fact.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 102 - Petitioner's Schedule.

§  102.  Petitioner's  schedule.  The  petitioner  must  annex  to his
  petition, a schedule, in all respects similar to  that  required  of  an
  insolvent, as prescribed in section sixty-three of this chapter.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 103 - Petitioner's Affidavit.

§  103.  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 a justice of the supreme court, must be
  annexed to the schedule:
"I, ---------, do swear" (or "affirm," as the case may be,) "that  the
  matters  of  fact,  stated  in  the schedule hereto annexed, are, in all
  respects, just and true; that I have not, at any time, or in any  manner
  whatsoever, disposed of or made over any part of my property, not exempt
  by  express  provision  of  law  from  levy  and  sale  by  virtue of an
  execution, for the future benefit of myself or my family, or disposed of
  or made over any part of my property, in order  to  defraud  any  of  my
  creditors;  and  that I have not paid, secured to be paid, or in any way
  compounded with, any of my creditors, with a view that they  or  any  of
  them should abstain from opposing my discharge."
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 104 - Order to Show Cause.

§  104.  Order  to  show  cause.  The petition, and the papers annexed
  thereto, must be presented to the court, and filed with the  clerk.  The
  court  must  thereupon make an order, requiring all the creditors of the
  petitioner to show  cause  before  it,  at  a  time  and  place  therein
  specified,  why  the prayer of the petitioner should not be granted; and
  directing that  the  order  be  published  and  served,  in  the  manner
  prescribed  in section sixty-six of this chapter for the publication and
  service of an order, made as therein prescribed.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 105 - Proceedings on Return of Order.

§  105.  Proceedings  on  return  of order. The provisions of sections
  sixty-seven,    sixty-eight,    sixty-nine,    seventy,     seventy-one,
  seventy-three,  and  seventy-four  of  this  chapter  apply to a special
  proceeding, taken as prescribed in this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 106 - Order Directing Assignment; Assignment Pursuant Thereto.

§  106.  Order  directing  assignment; assignment pursuant thereto. 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 a jury has
  not been demanded, or the jurors have been discharged by reason of their
  inability to agree, where it satisfactorily appears  to  the  court,  as
  follows:
1. That the petitioner is unable to pay his debts.
2. That the schedule annexed to his petition is true.
3.  That  he  has  not  been  guilty  of  any fraud or concealment, in
  violation of the provisions of this article.
4. That he has, in all things, conformed to the  matters  required  of
  him by this article.
The   provisions   of   sections   seventy-six,   seventy-seven,   and
  seventy-eight of this chapter apply to  the  order  prescribed  in  this
  section,  and  to  the assignment made in pursuance thereof, except that
  the trustee or trustees must be nominated, as well as appointed, by  the
  court.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 107 - When Discharge to Be Granted; Effect Thereof.

§  107.  When  discharge  to  be  granted;  effect  thereof.  Upon the
  production by the petitioner, of the  certificates  of  the  trustee  or
  trustees,  and  the  county  clerk,  to the effect prescribed in section
  seventy-nine of this chapter, the court must grant to the  petitioner  a
  discharge,  declaring that the petitioner is forever thereafter exempted
  from arrest or imprisonment, by reason of any debt due at  the  time  of
  making  the  assignment,  or contracted before that time, though payable
  afterwards; or by reason of any liability incurred by him, by making  or
  indorsing  a  promissory  note, or by accepting, drawing, or indorsing a
  bill of  exchange,  before  the  execution  of  the  assignment;  or  in
  consequence  of the payment, by any party to such a note or bill, of the
  whole or any part of the money secured thereby, whether the  payment  is
  made  before  or  after  the  execution  of  the  assignment,  with  the
  exceptions specified in section one hundred  and  thirty-eight  of  this
  chapter.  The  discharge  shall  have  the  effect  therein declared, as
  prescribed in this section.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 108 - Discharge and Other Papers to Be Recorded.

§  108.  Discharge  and other papers to be recorded. The provisions of
  section eighty-two of this chapter apply to the discharge,  and  to  the
  petition and other papers upon which it was granted.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 109 - Petitioner to Be Released From Imprisonment.

§  109.  Petitioner  to be released from imprisonment. If, at the time
  the discharge is granted, the petitioner is imprisoned, by virtue of  an
  execution  against  his person issued, or of an order of arrest made, in
  an action or special proceeding  founded  upon  a  debt,  liability,  or
  judgment,  as  to  which  he is exempted from arrest or imprisonment, as
  prescribed in the last section  but  one,  the  officer  must  forthwith
  release  him, on production of the discharge, or a certified copy of the
  record thereof.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 110 - Debts and Demands Not Affected.

§  110.  Debts  and demands not affected. A debt, demand, judgment, or
  decree, against an insolvent, discharged as prescribed in this  article,
  is  not  affected or impaired by the discharge; but it remains valid and
  effectual, against all his property, acquired after the execution of the
  assignment. The lien, acquired by or under a judgment  or  decree,  upon
  any property of the insolvent, is not affected by the discharge.
2023 New York Laws › DCD - Debtor and Creditor › Article 4 - Insolvent's Exemption From Arrest and Imprisonment › 111 - Discharge, When Void.

§  111.  Discharge, when void. A discharge, granted to an insolvent as
  prescribed in this article, is void, in the same cases, so far  as  they
  are  applicable,  in which a discharge, granted as prescribed in article
  third of this chapter, is therein declared to be void; and the  validity
  of such a discharge may be tested in the same manner.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 120 - Who May Be Discharged.

§  120.  Who  may  be discharged. A person, imprisoned by virtue of an
  execution to collect a sum of money, issued in a civil action or special
  proceeding, may be discharged from the imprisonment,  as  prescribed  in
  this  article.  A person who has been admitted to the jail liberties, is
  deemed to be imprisoned, within the meaning of this article.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 121 - To What Court Application to Be Made.

§  121.  To  what court application to be made. Application for such a
  discharge must be made by petition, addressed to the  court  from  which
  the  execution  issued; or to the county court of the county in which he
  is imprisoned; or, if he is imprisoned in the city of New York,  to  the
  supreme court.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 122 - When Petition May Be Presented.

§  122.  When  petition  may  be presented. A person so imprisoned may
  apply for such a discharge, at any time; unless the sum, or, where he is
  imprisoned by virtue of two or more executions,  the  aggregate  of  the
  sums, for which he is imprisoned, exceeds five hundred dollars; in which
  case,  he  cannot present such a petition, until he has been imprisoned,
  by virtue of the execution or executions, for at least three months.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 123 - Contents of Petition; Schedule.

§  123.  Contents  of  petition;  schedule.  The  petition  must be in
  writing; it must be signed by the petitioner;  and  it  must  state  the
  cause  of his imprisonment, by setting forth a copy, or the substance of
  the execution, or, if there are two or more executions, of each of them.
  The petitioner must annex thereto, and present  therewith,  a  schedule,
  containing  a  just  and  true  account  of all his property, and of all
  charges affecting the same; as the property and charges existed  at  the
  time  when  he  was first imprisoned, and also as they exist at the time
  when the petition is prepared; together with a just and true account  of
  all  deeds,  securities,  books,  vouchers,  and papers, relating to the
  property, and to the charges thereupon.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 124 - Affidavit of Petitioner.

§  124.  Affidavit of petitioner. An affidavit, in the following form,
  subscribed and taken by the petitioner, on the day of  the  presentation
  of the petition, must be annexed to the petition and schedule:
"I, ----------, do swear" (or "affirm," as the case may be), "that the
  matters  of  fact,  stated  in the petition and schedule hereto annexed,
  are, in all respects, just and true; and that I have not, at any time or
  in any manner whatsoever, disposed of  or  made  over  any  part  of  my
  property,  not  exempt by express provision of law from levy and sale by
  virtue of an execution, for the future benefit of myself or  my  family,
  or  disposed  of  or  made  over any part of my property, with intent to
  injure or defraud any of my creditors."
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 125 - Notice to Creditors.

§ 125. Notice to creditors. At least fourteen days before the petition
  is  presented,  the  petitioner  must  serve,  upon the creditor in each
  execution, by virtue of which he is imprisoned, a copy of the  petition,
  and  of  the  schedule; together with a written notice of the time when,
  and place where, they will  be  presented.  If,  by  reason  of  changes
  occurring  after  the  service,  it  is necessary, before presenting the
  petition and  schedule,  to  correct  any  statement  contained  in  the
  schedule,  the correction may be made by a supplemental schedule, a copy
  of which need not be served, unless the court so directs.
2023 New York Laws › DCD - Debtor and Creditor › Article 5 - Judgment Debtor's Discharge From Imprisonment › 126 - Notice to Creditors; When Service Cannot Be Made.

§  126.  Notice to creditors; when service cannot be made. The papers,
  specified in the last section, may be served, either upon  the  creditor
  or  his representative, or upon the attorney whose name is subscribed to
  the execution; and, in either case, in  the  manner  prescribed  in  the
  civil  practice  law  and  rules  for  the  service  of  a paper upon an
  attorney, in an action in the supreme court. Where it is made to  appear
  by  affidavit,  to  the  satisfaction of the court, that service cannot,
  with due diligence, be so made within the state, upon either, the  court
  may  make  an  order,  prescribing the mode of service, or directing the
  publication of a notice in lieu of service, in such manner and for  such
  a  length  of time, as it thinks proper; and thereupon, it may direct an
  adjournment of the hearing to such a time as it thinks proper.