50 – Who May Be Discharged.

§ 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 in this article.

51 – To What Court Application to Be Made.

§ 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 resides; or, if he resides in the city of New York, to the supreme court.

52 – Contents of Petition.

§ 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 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, […]

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 […]

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 […]

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.

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.

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, __________ […]

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 […]

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 […]

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, […]

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 […]

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 […]