2023 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.