New York Laws
Article 3 - Insolvent's Discharge From Debts
61 - Affidavit of Consenting Creditor.

§ 61. Affidavit of consenting creditor. The consent of a creditor must
be accompanied with his affidavit, stating as follows:

1. That the petitioner is justly indebted to him, or will become
indebted to him, at a future day specified therein, in a sum therein
specified; and, if he, or the person from whom he derives title, is or
was the purchaser or assignee of the debt, he must also specify the sum,
actually and in good faith paid for the debt, as prescribed in section
fifty-eight of this chapter.

2. The nature of the demand, and whether it arose upon written
security, or otherwise, with the general ground or consideration of the
indebtedness.

3. That neither he, nor any person to his use, has received from the
petitioner, or from any other person, payment of a demand, or any part
thereof, in money or in any other way, or any gift or reward of any
kind, upon an express or implied trust, confidence, or understanding,
that he should consent to the discharge of the petitioner.

Where a consenting creditor is an executor, administrator, trustee,
receiver, or assignee, he may state the necessary facts, in his
affidavit, upon information and belief, setting forth therein the
grounds of his belief; but in that case, the consent must also be
accompanied with the affidavit of the insolvent, to the effect, that all
the matters of fact stated in the affidavit of the consenting creditor,
are true.

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