ยง 128. Proceedings on presentation of petition. Upon the presentation
of the petition, schedule, and affidavit, with due proof of service or
publication, as prescribed in the last three sections, the court must
make an order, directing the petitioner to be brought before it, on a
day designated therein; and on that day, or on such other days as it
appoints, the court must, in a summary way, hear the allegations and
proofs of the parties. If the court is satisfied that the petition and
schedule are correct, and that the petitioner's proceedings are just and
fair, it must make an order, directing the petitioner to execute, to one
or more trustees, designated in the order, an assignment of all his
property, not expressly exempt by law from levy and sale by virtue of an
execution; or of so much thereof as is sufficient to satisfy the
execution or executions, by virtue of which he is imprisoned.
Structure New York Laws
Article 5 - Judgment Debtor's Discharge From Imprisonment
121 - To What Court Application to Be Made.
122 - When Petition May Be Presented.
123 - Contents of Petition; Schedule.
124 - Affidavit of Petitioner.
126 - Notice to Creditors; When Service Cannot Be Made.
127 - Notice to Creditors; When State a Creditor.
128 - Proceedings on Presentation of Petition.
130 - Proceedings on Adjourned Day.
131 - Assignment; Effect Thereof.
132 - Discharge; When to Be Granted.
133 - Petitioner's Property Still Liable.
134 - When Creditor May Issue New Execution Against Person.
135 - Powers and Duties of Trustee.
136 - Creditor May Notify Debtor to Apply for Discharge.
137 - Effect of Failure So to Apply.
138 - Debtors to State or United States Not to Be Discharged.