ยง 88. Invalidity may be proved on motion to vacate order of arrest or
execution. Where a person, who has been discharged as prescribed in this
article, is afterwards arrested by virtue of an order of arrest made, or
an execution issued, in an action founded upon a debt or liability from
which he is so discharged, the adverse party may oppose his application
to be released from the arrest, by proof, by affidavit, of any cause for
avoiding the discharge, for want of jurisdiction, or as specified in the
last section. If such a cause is established, the application must be
denied.
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.