§ 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; contents, and to whom made
§ 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

Terms Used In New York Laws > Debtor and Creditor > Article 3 - Insolvent's Discharge From Debts

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.