N.Y. Debtor & Creditor Law Section 83
Effect of discharge

Except as prescribed in the next two sections, a discharge granted as prescribed in this article, exonerates and discharges the petitioner from every debt, due at the time when he executed his assignment, including a debt contracted before that time, though payable afterwards; and from every liability incurred by him, by making or indorsing a promissory note, or by accepting, drawing, or indorsing a bill of exchange, before the execution of his assignment; or incurred by him, in consequence of the payment, by any party to such a note or bill, of the whole or any part of the money secured thereby, whether the payment is made before or after the execution of the assignment. At any time after one year has elapsed, since the recording of the discharge, and the petition, affidavits, orders, schedule and other papers upon which the discharge was granted, as prescribed in § 82 (Discharge and other papers to be recorded)section eighty-two of this chapter, the petitioner may apply, upon proof of his discharge, to the court in which a judgment shall have been rendered against him, for an order directing the judgment to be canceled and discharged of record. If it appears that he has been discharged from the payment of that judgment, an order must be made accordingly, and thereupon the clerk must cancel and discharge the docket thereof, as if the proper satisfaction-piece of the judgment was filed. Notice of the application, accompanied with copies of the papers upon which it is made, must be given to the judgment creditor, unless his written consent to the granting of the order, with satisfactory proof of the execution thereof, and if he is not the party in whose favor the judgment was rendered, that he is the owner thereof, is presented to the court upon the application.

Source: Section 83 — Effect of discharge, https://www.­nysenate.­gov/legislation/laws/DCD/83 (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

§ 83’s source at nysenate​.gov

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