N.Y. Debtor & Creditor Law Section 72
When insolvent required to produce his non-resident wife

Where the petitioner’s wife resides without the state, the court, or a judge thereof out of court, may, upon the application of any creditor, make an order, requiring the petitioner to bring his wife before the court, at the hearing or trial, to the end that she may be examined as a witness. A copy of the order must be personally served upon the petitioner, at least three weeks before the hearing. If it appears, upon the hearing, that service could not, with due diligence, be so made, in consequence of the petitioner’s sickness or absence, the court may, in its discretion, adjourn the hearing or trial, and prescribe the time and manner of service of the order for the adjourned day. If, after due service, the petitioner’s wife does not attend at the time and place appointed, the petitioner is not entitled to his discharge, unless he proves, to the satisfaction of the court, by his affidavit, or upon his oral examination, or otherwise, that he was unable to procure her attendance.

Source: Section 72 — When insolvent required to produce his non-resident wife, https://www.­nysenate.­gov/legislation/laws/DCD/72 (updated Sep. 22, 2014; accessed Oct. 26, 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:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 72’s source at nysenate​.gov

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