ยง 64. Petitioner's affidavit. An affidavit, in the following form,
subscribed and taken by the petitioner before the county judge, or, in
the city of New York, before the judge holding the term of the court, at
which the order specified in the next section is made, must be annexed
to the schedule:
"I, __________ , do swear" (or "affirm, " as the case may be), "that
the matters of fact stated in the schedule hereto annexed, are, in all
respects, just and true; that I have not, in contemplation of my
becoming insolvent, or within two years before presenting the petition
herein, disposed of or made over any part of my property, not exempt by
express provision of law from levy and sale by virtue of an execution,
for the future benefit of myself or my family, or disposed of or made
over any part of my property, in order to defraud any of my creditors;
that I have not, in any instance, created or acknowledged a debt for a
greater sum than I honestly and truly owed; and that I have not paid,
secured to be paid, or in any way compounded with, any of my creditors,
with a view fraudulently to obtain the prayer of my petition; that I
have not done, suffered or been privy to any act, matter or thing which,
if accomplished, would be ground for withholding my discharge under the
provisions of this act, or invalidate such discharge if granted."
Structure New York Laws
Article 3 - Insolvent's Discharge From Debts
51 - To What Court Application to Be Made.
53 - Consent of Creditors to Be Annexed.
54 - Consent of Executor, Administrator, Receiver, or Trustee.
55 - Consent of Corporation or Joint-Stock Association.
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.
66 - How Order Published and Served.
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.
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.
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.
88 - Invalidity May Be Proved on Motion to Vacate Order of Arrest or Execution.