New York Laws
DCD - Debtor and Creditor

8 - Discharge or Removal of Assignee; Correction of Inventory or Schedule; Supplemental Inventories or Schedules. - § 8. Discharge or removal of assignee; correction of inventory...

9 - Failure to File Bond. - § 9. Failure to file bond. A failure to file...

10 - Action on Bond; Application of Recovery. - § 10. Action on bond; application of recovery. Any action...

11 - Proceedings in Case of Death of Assignee. - § 11. Proceedings in case of death of assignee. In...

12 - Notices to Parties Interested in the Estate as Creditors or Otherwise. - § 12. Notices to parties interested in the estate as...

13 - Debts Which May Be Proved Against the Estate. - § 13. Debts which may be proved against the estate....

14 - Duties of Assignee. - § 14. Duties of assignee. It shall be the duty...

15 - Power of Court. - § 15. Power of court. The court shall have power:...

16 - Examination of Witnesses. - § 16. Examination of witnesses. 1. The judge may also,...

17 - Invalid Claims. - § 17. Invalid claims. Claims which for want of record...

18 - Effect of Orders; Power of Judge and Duties of Clerk. - § 18. Effect of orders; power of judge and duties...

19 - Sale and Compromise of Claims and Property. - § 19. Sale and compromise of claims and property. The...

20 - General Powers of Court. - § 20. General powers of court. Any proceeding under this...

21 - Trial, Costs and Commissions. - § 21. Trial, costs and commissions. The court, in its...

21-A - Company Pension Plans; Deductions From Wages Trust Moneys; Preference. - § 21-a. Company pension plans; deductions from wages trust moneys;...

22 - Wages and Commissions and Preferred Claims. - § 22. Wages and commissions and preferred claims. 1. In...

23 - Limitation of Preferences. - § 23. Limitation of preferences. In all general assignments of...

24 - Appraisal of Estate in the Hands of Assignee. - § 24. Appraisal of estate in the hands of assignee....

Article 2-A - Secured Creditors

30 - Definitions. - (a) "Liquidation proceeding" includes all assignments for the benefit of...

31 - Secured Creditor's Claim to Disclose Security. - § 31. Secured creditor's claim to disclose security. In a...

32 - Effect of Concealment. - § 32. Effect of concealment. Any secured creditor who with...

33 - Value of Security Credited Upon Claims. - § 33. Value of security credited upon claims. Dividends paid...

34 - Determination of Value by Secured Creditor. - (1) By collection. When the asset constituting the security is...

35 - Alternative Determinations of Value. - (1) By compromise, if the secured creditor and the liquidator...

36 - Exempt Security Not Credited. - § 36. Exempt security not credited. When any creditor has...

37 - Constitutionality. - § 37. Constitutionality. If any provision of this article or...

38 - Uniformity of Interpretation. - § 38. Uniformity of interpretation. This article shall be so...

Article 3 - Insolvent's Discharge From Debts

50 - Who May Be Discharged. - § 50. Who may be discharged. An insolvent debtor, who...

51 - To What Court Application to Be Made. - § 51. To what court application to be made. Application...

52 - Contents of Petition. - § 52. Contents of petition. The petition must be in...

53 - Consent of Creditors to Be Annexed. - § 53. Consent of creditors to be annexed. The petitioner...

54 - Consent of Executor, Administrator, Receiver, or Trustee. - § 54. Consent of executor, administrator, receiver, or trustee. An...

55 - Consent of Corporation or Joint-Stock Association. - § 55. Consent of corporation or joint-stock association. Where a...

56 - Consent of Partnership. - § 56. Consent of partnership. Where a partnership becomes a...

57 - Effect of Consent Where Petitioner Is a Joint Debtor. - § 57. Effect of consent where petitioner is a joint...

58 - Consent of Purchaser or Assignee of Debt. - § 58. Consent of purchaser or assignee of debt. Where...

59 - Consenting Creditor Must Relinquish Security. - § 59. Consenting creditor must relinquish security. A creditor who...

60 - Penalty if Creditor Swears Falsely. - § 60. Penalty if creditor swears falsely. If a creditor...

61 - Affidavit of Consenting Creditor. - § 61. Affidavit of consenting creditor. The consent of a...

62 - When Non-Resident Creditor to Annex Accounts and Securities. - § 62. When non-resident creditor to annex accounts and securities....

63 - Petitioner's Schedule. - § 63. Petitioner's schedule. The petitioner must annex to his...

64 - Petitioner's Affidavit. - § 64. Petitioner's affidavit. An affidavit, in the following form,...

65 - Order to Show Cause. - § 65. Order to show cause. The petition and other...

66 - How Order Published and Served. - § 66. How order published and served. The order must...

67 - Hearing. - § 67. Hearing. On the day specified in the order,...

68 - Putting Cause on Calendar. - § 68. Putting cause on calendar. Where the insolvent's discharge...

69 - Opposing Creditor to File Specifications, and May Demand Jury Trial. - § 69. Opposing creditor to file specifications, and may demand...

70 - Opposing Creditor to File Proofs, if Not Named in Schedule. - § 70. Opposing creditor to file proofs, if not named...

71 - Proceedings if Jurors Do Not Agree. - § 71. Proceedings if jurors do not agree. There shall...

72 - When Insolvent Required to Produce His Non-Resident Wife. - § 72. When insolvent required to produce his non-resident wife....

73 - Examination of Insolvent. - § 73. Examination of insolvent. At the hearing or trial,...

74 - When Insolvent Cannot Be Discharged. - § 74. When insolvent cannot be discharged. In either of...

75 - When Assignment to Be Directed. - § 75. When assignment to be directed. An order, directing...

76 - Assignment; Contents, and to Whom Made. - § 76. Assignment; contents, and to whom made. The order...

77 - Trustees, How Designated. - § 77. Trustees, how designated. The trustee or trustees may...

78 - Effect of Assignment. - § 78. Effect of assignment. The assignment vests in the...

79 - When Discharge to Be Granted. - § 79. When discharge to be granted. Upon the production...

80 - Order to Show Cause Where Trustee Refuses to Give Certificate. - § 80. Order to show cause where trustee refuses to...

81 - Proceedings Upon Return of Order. - § 81. Proceedings upon return of order. If, upon the...

82 - Discharge and Other Papers to Be Recorded. - § 82. Discharge and other papers to be recorded. The...

83 - Effect of Discharge. - § 83. Effect of discharge. Except as prescribed in the...

84 - Effect of Discharge as to Foreign Contracts or Creditors. - § 84. Effect of discharge as to foreign contracts or...

85 - Effect of Discharge as to Debts to the United States and the State. - § 85. Effect of discharge as to debts to the...

86 - Insolvent to Be Released From Imprisonment. - § 86. Insolvent to be released from imprisonment. If, at...

87 - Discharge, When Void. - § 87. Discharge, when void. A discharge, granted as prescribed...

88 - Invalidity May Be Proved on Motion to Vacate Order of Arrest or Execution. - § 88. Invalidity may be proved on motion to vacate...

Article 4 - Insolvent's Exemption From Arrest and Imprisonment

100 - Who May Be Exempted, and by What Court. - § 100. Who may be exempted, and by what court....

101 - Contents of Petition. - § 101. Contents of petition. The petition must be in...

102 - Petitioner's Schedule. - § 102. Petitioner's schedule. The petitioner must annex to his...

103 - Petitioner's Affidavit. - § 103. Petitioner's affidavit. An affidavit, in the following form,...

104 - Order to Show Cause. - § 104. Order to show cause. The petition, and the...

105 - Proceedings on Return of Order. - § 105. Proceedings on return of order. The provisions of...

106 - Order Directing Assignment; Assignment Pursuant Thereto. - § 106. Order directing assignment; assignment pursuant thereto. An order,...

107 - When Discharge to Be Granted; Effect Thereof. - § 107. When discharge to be granted; effect thereof. Upon...

108 - Discharge and Other Papers to Be Recorded. - § 108. Discharge and other papers to be recorded. The...

109 - Petitioner to Be Released From Imprisonment. - § 109. Petitioner to be released from imprisonment. If, at...

110 - Debts and Demands Not Affected. - § 110. Debts and demands not affected. A debt, demand,...

111 - Discharge, When Void. - § 111. Discharge, when void. A discharge, granted to an...

Article 5 - Judgment Debtor's Discharge From Imprisonment

120 - Who May Be Discharged. - § 120. Who may be discharged. A person, imprisoned by...

121 - To What Court Application to Be Made. - § 121. To what court application to be made. Application...

122 - When Petition May Be Presented. - § 122. When petition may be presented. A person so...

123 - Contents of Petition; Schedule. - § 123. Contents of petition; schedule. The petition must be...

124 - Affidavit of Petitioner. - § 124. Affidavit of petitioner. An affidavit, in the following...

125 - Notice to Creditors. - § 125. Notice to creditors. At least fourteen days before...

126 - Notice to Creditors; When Service Cannot Be Made. - § 126. Notice to creditors; when service cannot be made....

127 - Notice to Creditors; When State a Creditor. - § 127. Notice to creditors; when state a creditor. Where...

128 - Proceedings on Presentation of Petition. - § 128. Proceedings on presentation of petition. Upon the presentation...

129 - Adjournment. - § 129. Adjournment. Upon sufficient cause being shown by a...

130 - Proceedings on Adjourned Day. - § 130. Proceedings on adjourned day. An objection to a...

131 - Assignment; Effect Thereof. - § 131. Assignment; effect thereof. The assignment must be acknowledged...

132 - Discharge; When to Be Granted. - § 132. Discharge; when to be granted. Upon the production,...

133 - Petitioner's Property Still Liable. - § 133. Petitioner's property still liable. Notwithstanding such a discharge,...

134 - When Creditor May Issue New Execution Against Person. - § 134. When creditor may issue new execution against person....

135 - Powers and Duties of Trustee. - § 135. Powers and duties of trustee. The trustee must...

136 - Creditor May Notify Debtor to Apply for Discharge. - § 136. Creditor may notify debtor to apply for discharge....

137 - Effect of Failure So to Apply. - § 137. Effect of failure so to apply. If the...

138 - Debtors to State or United States Not to Be Discharged. - § 138. Debtors to state or United States not to...

139 - Discharge on Application of Taxpayer. - § 139. Discharge on application of taxpayer. Where a person...

Article 6 - Discharge of Bankrupt From Judgment

150 - Cancellation of Record of Judgment Discharged in Bankruptcy. - § 150. Cancellation of record of judgment discharged in bankruptcy....

Article 6-A - Right of Set Off Against Unmatured Debts

151 - Right of Set Off Against Unmatured Debts. - (a) the filing of a petition under any of the...

Article 7 - Trustees for Insolvent and Imprisoned Debtors

160 - Trustees for Creditors. - § 160. Trustees for creditors. All trustees, appointed under any...

161 - Sole Trustee. - § 161. Sole trustee. When one trustee only shall be...

162 - Two or More Trustees. - § 162. Two or more trustees. When there are more...

163 - Death of Trustee; Survivor or Successor. - § 163. Death of trustee; survivor or successor. The survivor...

164 - Trustees' Oath. - § 164. Trustees' oath. Before proceeding to the discharge of...

165 - Vesting of Property in Trustees. - § 165. Vesting of property in trustees. The trustees taking...

166 - Powers of Trustees. - § 166. Powers of trustees. The said trustees shall have...

167 - Notice to Debtors, Bailees and Creditors. - § 167. Notice to debtors, bailees and creditors. The trustees,...

168 - Power to Sue Notwithstanding Notice. - § 168. Power to sue notwithstanding notice. Notwithstanding any such...

169 - Forfeiture for Failure to Comply With Notice. - § 169. Forfeiture for failure to comply with notice. Every...

170 - Warrant on Withholding Account or Property. - § 170. Warrant on withholding account or property. Whenever the...

171 - Examination of Person Arrested. - § 171. Examination of person arrested. The judge or justice...

172 - Imprisonment for Contumacy. - § 172. Imprisonment for contumacy. If any person so brought...

173 - No Discharge for Defects of Form. - § 173. No discharge for defects of form. If any...

174 - Penalties for Connivance at Escape. - § 174. Penalties for connivance at escape. Any sheriff, constable...

175 - Effect of Answers on Examination. - § 175. Effect of answers on examination. The person so...

176 - Reward to Informers. - § 176. Reward to informers. Any person who shall discover...

177 - Reference of Disputed Claims. - § 177. Reference of disputed claims. If any controversy shall...

178 - Application for Appointment of Referee. - § 178. Application for appointment of referee. If such referee...

179 - Appointment of Referee. - § 179. Appointment of referee. On the day so specified,...

180 - Entry of Order of Reference. - § 180. Entry of order of reference. The judge or...

181 - Powers, Duties and Compensation of Referees. - § 181. Powers, duties and compensation of referees. Such referees...

182 - Filing and Effect of Referees' Report. - § 182. Filing and effect of referees' report. The report...

183 - Commission to Take Testimony Out of County. - § 183. Commission to take testimony out of county. When...

184 - Sale of Property and Accounts of Trustees. - § 184. Sale of property and accounts of trustees. The...

185 - Meeting of Creditors and Notice Thereof. - § 185. Meeting of creditors and notice thereof. The trustees,...

186 - Proceedings at Creditors' Meetings. - § 186. Proceedings at creditors' meetings. At such meeting, or...

187 - Payment of Disbursements and Commissions of Trustees. - § 187. Payment of disbursements and commissions of trustees. Out...

188 - Preferred Debts. - § 188. Preferred debts. They shall pay all debts due...

189 - Distribution of Moneys. - § 189. Distribution of moneys. They shall distribute the residue...

190 - Preference of Debts Owing by Debtor as Trustee. - § 190. Preference of debts owing by debtor as trustee....

191 - Payment of Debts Before Maturity. - § 191. Payment of debts before maturity. Every person to...

192 - Set-Off of Mutual Debts or Credits. - § 192. Set-off of mutual debts or credits. Where mutual...

193 - No Set-Off in Certain Cases. - § 193. No set-off in certain cases. No set-off shall...

194 - Provision for Pending Actions. - § 194. Provision for pending actions. If, at the time...

194-A - Provision for Contingent or Unliquidated Liabilities. - § 194-a. Provision for contingent or unliquidated liabilities. If, at...

195 - Penalties Recovered. - § 195. Penalties recovered. All penalties which shall be recovered...

196 - Subsequent Dividends. - § 196. Subsequent dividends. If the whole of such debtor's...

197 - Provision for Neglectful Creditors. - § 197. Provision for neglectful creditors. Any creditor who shall...

198 - Unclaimed Dividends. - § 198. Unclaimed dividends. If any dividend that shall have...

199 - Disposition of Surplus. - § 199. Disposition of surplus. If after settling the estate...

200 - Allowance to Debtor. - § 200. Allowance to debtor. Every debtor who shall be...

201 - Accounting by Trustees. - § 201. Accounting by trustees. Within ten days after any...

202 - Trustees Subject to Order of Court. - § 202. Trustees subject to order of court. Such trustees...

203 - Appointment of Substitute Trustee. - § 203. Appointment of substitute trustee. Whenever any trustee shall...

204 - Application by Trustee for Leave to Renounce. - § 204. Application by trustee for leave to renounce. Any...

205 - Account Upon Application. - § 205. Account upon application. Such application shall be accompanied...

206 - Verification of Account. - § 206. Verification of account. To such account shall be...

207 - Order to Show Cause. - § 207. Order to show cause. The court shall thereupon...

208 - Publication of Notice. - § 208. Publication of notice. Such notice shall be published,...

209 - Hearing. - § 209. Hearing. On the day appointed for such hearing,...

210 - Order Permitting Renunciation. - § 210. Order permitting renunciation. If it shall appear that...

211 - Assignment by Renouncing Trustee. - § 211. Assignment by renouncing trustee. Such assignment shall be...

212 - Effect of Assignment. - § 212. Effect of assignment. Such assignment shall transfer to...

213 - Order for Discharge of Trustee From Trust. - § 213. Order for discharge of trustee from trust. Upon...

214 - Effect of Order. - § 214. Effect of order. Upon such order being granted,...

215 - Recording Order and Filing Papers. - § 215. Recording order and filing papers. Such new assignment,...

216 - Payment of Expense of Renunciation. - § 216. Payment of expense of renunciation. The expense of...

217 - New Trustee in Place of One Absent. - § 217. New trustee in place of one absent. Whenever...

218 - Powers and Duties of New Trustee. - § 218. Powers and duties of new trustee. The trustee...

Article 9 - Payment of Debts of Incompetent Person or Conservatee

250 - Notice to Creditors of Incompetent Person or Conservatee. - § 250. Notice to creditors of incompetent person or conservatee....

251 - Authority for Committee or Conservator to Compromise Claims. - § 251. Authority for committee or conservator to compromise claims....

252 - Payment by Committee or Conservator of Claims. - § 252. Payment by committee or conservator of claims. A...

253 - Citation to Attend Judicial Settlement of Accounts of Committee or Conservator. - § 253. Citation to attend judicial settlement of accounts of...

254 - Service of Citation. - § 254. Service of citation. A citation to the persons...

255 - Proceedings on Return of Citation. - § 255. Proceedings on return of citation. Upon the return...

Article 10 - Uniform Voidable Transactions Act.

270 - Definitions. - (a) "Affiliate" means: (1) a person that directly or indirectly...

271 - Insolvency. - (b) A debtor that is generally not paying the debtor's...

272 - Value. - (b) For the purposes of paragraph two of subdivision (a)...

273 - Transfer or Obligation Voidable as to Present or Future Creditor. - (1) with actual intent to hinder, delay or defraud any...

274 - Transfer or Obligation Voidable as to Present Creditor. - (b) A transfer made by a debtor is voidable as...

275 - When Transfer Is Made or Obligation Is Incurred. - (a) a transfer is made: (1) with respect to an...

276 - Remedies of Creditor. - (1) avoidance of the transfer or obligation to the extent...

276-A - Attorney's Fees in Action or Special Proceeding Under This Article to Avoid a Transfer or Obligation. - § 276-a. Attorney's fees in action or special proceeding under...

277 - Defenses, Liability, and Protection of Transferee or Obligee. - (b) To the extent a transfer is avoidable in an...

278 - Extinguishment of Claim for Relief. - (a) under paragraph one of subdivision (a) of section two...

279 - Governing Law. - (1) A debtor who is an individual is located at...

280 - Supplementary Provisions. - § 280. Supplementary provisions. Unless displaced by the provisions of...

281 - Uniformity of Application and Construction. - § 281. Uniformity of application and construction. This article shall...

281-A - Relation to Electronic Signatures and Global and National Commerce Act. - § 281-a. Relation to electronic signatures in global and national...

Article 10-A - Personal Bankruptcy Exemptions

282 - Permissible Exemptions in Bankruptcy. - § 282. Permissible exemptions in bankruptcy. Under section five hundred...

283 - Aggregate Individual Bankruptcy Exemption for Certain Annuities and Personal Property. - § 283. Aggregate individual bankruptcy exemption for certain annuities and...

284 - Exclusivity of Exemptions. - § 284. Exclusivity of exemptions. In accordance with the provisions...

285 - Alternative Federal Exemptions. - § 285. Alternative federal exemptions. Notwithstanding any inconsistent provision of...

Article 11 - Laws Repealed; When to Take Effect

290 - Laws Repealed. - § 290. Laws repealed. Of the laws enumerated in the...

291 - When to Take Effect. - § 291. When to take effect. This chapter shall take...

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New York Laws DCD - Debtor and Creditor

New York Laws
DCD - Debtor and Creditor