§ 61 — Affidavit of consenting creditor

New York § 61

• Jurisdiction: New York
• Law DCD: Debtor & Creditor
• Art. 3: Insolvent's Discharge From Debts

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§ 61. Affidavit of consenting creditor. The consent of a creditor must\nbe accompanied with his affidavit, stating as follows:\n 1. That the petitioner is justly indebted to him, or will become\nindebted to him, at a future day specified therein, in a sum therein\nspecified; and, if he, or the person from whom he derives title, is or\nwas the purchaser or assignee of the debt, he must also specify the sum,\nactually and in good faith paid for the debt, as prescribed in section\nfifty-eight of this chapter.\n 2. The nature of the demand, and whether it arose upon written\nsecurity, or otherwise, with the general ground or consideration of the\nindebtedness.\n 3. That neither he, nor any person to his use, has received from the\npetitioner, or from any other person, payment of a demand, or any part\nthereof, in money or in any other way, or any gift or reward of any\nkind, upon an express or implied trust, confidence, or understanding,\nthat he should consent to the discharge of the petitioner.\n Where a consenting creditor is an executor, administrator, trustee,\nreceiver, or assignee, he may state the necessary facts, in his\naffidavit, upon information and belief, setting forth therein the\ngrounds of his belief; but in that case, the consent must also be\naccompanied with the affidavit of the insolvent, to the effect, that all\nthe matters of fact stated in the affidavit of the consenting creditor,\nare true.\n