New York § 128 Proceedings on presentation of petition

New York Statutes

§ 128 — Proceedings on presentation of petition

New York § 128

Law DCDDebtor & Creditor

Art. 5Judgment Debtor's Discharge From Imprisonment

This text of New York § 128 (Proceedings on presentation of petition) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Debtor & Creditor § 128 (2026).

Text

  § 128. Proceedings on presentation of petition. Upon the presentation\nof the petition, schedule, and affidavit, with due proof of service or\npublication, as prescribed in the last three sections, the court must\nmake an order, directing the petitioner to be brought before it, on a\nday designated therein; and on that day, or on such other days as it\nappoints, the court must, in a summary way, hear the allegations and\nproofs of the parties. If the court is satisfied that the petition and\nschedule are correct, and that the petitioner's proceedings are just and\nfair, it must make an order, directing the petitioner to execute, to one\nor more trustees, designated in the order, an assignment of all his\nproperty, not expressly exempt by law from levy and sale by virtue of an\nexecution;

Free access — add to your briefcase to read the full text and ask questions with AI

§ 128. Proceedings on presentation of petition. Upon the presentation\nof the petition, schedule, and affidavit, with due proof of service or\npublication, as prescribed in the last three sections, the court must\nmake an order, directing the petitioner to be brought before it, on a\nday designated therein; and on that day, or on such other days as it\nappoints, the court must, in a summary way, hear the allegations and\nproofs of the parties. If the court is satisfied that the petition and\nschedule are correct, and that the petitioner's proceedings are just and\nfair, it must make an order, directing the petitioner to execute, to one\nor more trustees, designated in the order, an assignment of all his\nproperty, not expressly exempt by law from levy and sale by virtue of an\nexecution; or of so much thereof as is sufficient to satisfy the\nexecution or executions, by virtue of which he is imprisoned.\n