New York Laws
Article 3 - Insolvent's Discharge From Debts
87 - Discharge, When Void.

ยง 87. Discharge, when void. A discharge, granted as prescribed in this
article, is void, in either of the following cases:

1. Where the petitioner wilfully swears falsely, in the affidavit
annexed to his petition or schedule, or upon his examination, in
relation to any material fact, concerning his property or his debts, or
to any other material fact.

2. Where, after presenting his petition, he sells, or in any way
transfers or assigns, any of his property, or collects any debt or
demand owing to him, and does not give a just and true account thereof,
upon the hearing or trial, and does not pay the money so collected, or
the value of the property so sold, transferred, or assigned, as
prescribed in this article.

3. Where he secretes any part of his property, or a book, voucher, or
paper relating thereto, with intent to defraud his creditors.

4. Where he fraudulently conceals the name of any creditor, or the sum
owing to any creditor, or fraudulently misstates such a sum.

5. Where, in order to obtain his discharge, he procures any person to
become a consenting creditor, wilfully, intentionally, and knowingly,
for a sum not due from him to that person in good faith, or for a sum
greater than that for which the holder of a demand, purchased or
assigned, is deemed a creditor, as prescribed in this article.

6. Where he pays, or consents to the payment of, any portion of the
debt or demand of a creditor, or grants or consents to the granting of
any gift or reward to a creditor, upon an express or implied contract,
trust, or understanding, that the creditor so paid or rewarded should be
a consenting creditor, or should abstain or desist from opposing the
discharge.

7. Where he is guilty of any fraud whatsoever, contrary to the true
intent of this article.

Structure New York Laws

New York Laws

DCD - Debtor and Creditor

Article 3 - Insolvent's Discharge From Debts

50 - Who May Be Discharged.

51 - To What Court Application to Be Made.

52 - Contents of Petition.

53 - Consent of Creditors to Be Annexed.

54 - Consent of Executor, Administrator, Receiver, or Trustee.

55 - Consent of Corporation or Joint-Stock Association.

56 - Consent of Partnership.

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.

63 - Petitioner's Schedule.

64 - Petitioner's Affidavit.

65 - Order to Show Cause.

66 - How Order Published and Served.

67 - Hearing.

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.

78 - Effect of Assignment.

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.

83 - Effect of Discharge.

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.

87 - Discharge, When Void.

88 - Invalidity May Be Proved on Motion to Vacate Order of Arrest or Execution.