ยง 74. When insolvent cannot be discharged. In either of the following
cases, the petitioner is not entitled to a discharge:
1. Where it appears, upon the hearing or trial, that, after making the
schedule annexed to his petition, he has collected a debt or demand, or
transferred, absolutely, conditionally, or otherwise, any of his
property, not exempt by law from levy and sale by virtue of an
execution, and he neglects or refuses forthwith to pay over to the
clerk, the full amount of all debts and demands so collected, and the
full value of all property so transferred, except so much of the money,
and of the value of the property, as appears to have been necessarily
expended by him for the support of himself or his family.
2. Where it appears, in like manner, that the petitioner, within two
years before presenting the petition, has, in contemplation of his
becoming insolvent, or of his petitioning for his discharge, or knowing
of his insolvency, made an assignment, sale, or transfer, either
absolute or conditional, of any of his property, or of any interest
therein, or confessed a judgment, or given any security, with a view of
giving a preference to a creditor for an antecedent debt.
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.