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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]