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 […]
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.