§ 83 — Effect of discharge

New York § 83

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

Text

§ 83. Effect of discharge. Except as prescribed in the next two\nsections, a discharge granted as prescribed in this article, exonerates\nand discharges the petitioner from every debt, due at the time when he\nexecuted his assignment, including a debt contracted before that time,\nthough payable afterwards; and from every liability incurred by him, by\nmaking or indorsing a promissory note, or by accepting, drawing, or\nindorsing a bill of exchange, before the execution of his assignment; or\nincurred by him, in consequence of the payment, by any party to such a\nnote or bill, of the whole or any part of the money secured thereby,\nwhether the payment is made before or after the execution of the\nassignment. At any time after one year has elapsed, since the recording\nof the discharge, and the petition, affidavits, orders, schedule and\nother papers upon which the discharge was granted, as prescribed in\nsection eighty-two of this chapter, the petitioner may apply, upon proof\nof his discharge, to the court in which a judgment shall have been\nrendered against him, for an order directing the judgment to be canceled\nand discharged of record. If it appears that he has been discharged from\nthe payment of that judgment, an order must be made accordingly, and\nthereupon the clerk must cancel and discharge the docket thereof, as if\nthe proper satisfaction-piece of the judgment was filed. Notice of the\napplication, accompanied with copies of the papers upon which it is\nmade, must be given to the judgment creditor, unless his written consent\nto the granting of the order, with satisfactory proof of the execution\nthereof, and if he is not the party in whose favor the judgment was\nrendered, that he is the owner thereof, is presented to the court upon\nthe application.\n