N.Y. Debtor & Creditor Law Section 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 § 58 (Consent of purchaser or assignee of debt)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.

Source: Section 61 — Affidavit of consenting creditor, https://www.­nysenate.­gov/legislation/laws/DCD/61 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

50
Who may be discharged 51
To what court application to be made 52
Contents of petition 53
Consent of creditors to be annexed 54
Consent of executor, administrator, receiver, or trustee 55
Consent of corporation or joint-stock association 56
Consent of partnership 57
Effect of consent where petitioner is a joint debtor 58
Consent of purchaser or assignee of debt 59
Consenting creditor must relinquish security 60
Penalty if creditor swears falsely 61
Affidavit of consenting creditor 62
When non-resident creditor to annex accounts and securities 63
Petitioner’s schedule 64
Petitioner’s affidavit 65
Order to show cause 66
How order published and served 67
Hearing 68
Putting cause on calendar 69
Opposing creditor to file specifications, and may demand jury trial 70
Opposing creditor to file proofs, if not named in schedule 71
Proceedings if jurors do not agree 72
When insolvent required to produce his non-resident wife 73
Examination of insolvent 74
When insolvent cannot be discharged 75
When assignment to be directed 76
Assignment 77
Trustees, how designated 78
Effect of assignment 79
When discharge to be granted 80
Order to show cause where trustee refuses to give certificate 81
Proceedings upon return of order 82
Discharge and other papers to be recorded 83
Effect of discharge 84
Effect of discharge as to foreign contracts or creditors 85
Effect of discharge as to debts to the United States and the state 86
Insolvent to be released from imprisonment 87
Discharge, when void 88
Invalidity may be proved on motion to vacate order of arrest or execution
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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 61’s source at nysenate​.gov

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