N.Y. Debtor & Creditor Law Section 79
When discharge to be granted


Upon the production by the petitioner of a certificate of the trustee or trustees, duly acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, to the effect, that the insolvent has assigned, for the benefit of all his creditors, all his property so directed to be assigned, and all the books, vouchers, and papers relating thereto, and that he has delivered so much thereof as is capable of delivery; and also of a certificate of the county clerk, that the assignment has been duly recorded in his office; the court must grant to the insolvent a discharge from his debts, which has the effect declared in the following sections of this article.

Source: Section 79 — When discharge to be granted, https://www.­nysenate.­gov/legislation/laws/DCD/79 (updated Sep. 22, 2014; accessed Jun. 22, 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

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 79’s source at nysenate​.gov

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