ยง 83. Effect of discharge. Except as prescribed in the next two
sections, a discharge granted as prescribed in this article, exonerates
and discharges the petitioner from every debt, due at the time when he
executed his assignment, including a debt contracted before that time,
though payable afterwards; and from every liability incurred by him, by
making or indorsing a promissory note, or by accepting, drawing, or
indorsing a bill of exchange, before the execution of his assignment; or
incurred by him, in consequence of the payment, by any party to such a
note or bill, of the whole or any part of the money secured thereby,
whether the payment is made before or after the execution of the
assignment. At any time after one year has elapsed, since the recording
of the discharge, and the petition, affidavits, orders, schedule and
other papers upon which the discharge was granted, as prescribed in
section eighty-two of this chapter, the petitioner may apply, upon proof
of his discharge, to the court in which a judgment shall have been
rendered against him, for an order directing the judgment to be canceled
and discharged of record. If it appears that he has been discharged from
the payment of that judgment, an order must be made accordingly, and
thereupon the clerk must cancel and discharge the docket thereof, as if
the proper satisfaction-piece of the judgment was filed. Notice of the
application, accompanied with copies of the papers upon which it is
made, must be given to the judgment creditor, unless his written consent
to the granting of the order, with satisfactory proof of the execution
thereof, and if he is not the party in whose favor the judgment was
rendered, that he is the owner thereof, is presented to the court upon
the application.
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.