ยง 81. Proceedings upon return of order. If, upon the return of the
order, it appears that the assignment has been duly executed, and that
the petitioner has duly delivered all his property directed to be
assigned, and all the books, vouchers, and papers relating thereto,
which are capable of delivery, the court may, either
1. Grant a discharge of the petitioner, notwithstanding the neglect or
refusal of the trustee; or
2. Make an order, revoking the appointment of the trustee. Upon the
entry of such an order, the powers of the trustee, and his interest in
the assigned property, cease. If there is no other trustee, the court
must, by the same or another order, appoint one or more new trustees.
Such an appointment has the same effect, as if the person or persons so
appointed were named as trustees in the original assignment.
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.