ยง 135. Powers and duties of trustee. The trustee must collect the
demands, and sell the other property assigned to him. He must apply the
proceeds thereof, after deducting his commissions and expenses allowed
by law, as follows:
1. To the payment of the jail fees, upon the imprisonment and
discharge of the petitioner.
2. If any surplus remains, to the payment of the creditors, by virtue
of whose executions the petitioner was imprisoned, when he presented his
petition; or, if there is not enough to pay them in full, to the
payment, to each, of a proportionate part of the sum due upon his
execution.
3. If any surplus remains, he must pay it over to the petitioner, or
his executor or administrator.
Personal service upon a creditor, or his attorney, of written notice
of the time and place of making a distribution, as prescribed in
subdivision second of this section, has the same effect as publishing a
notice thereof, in a case prescribed by law.
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.