§ 87 — Discharge, when void

New York § 87

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

Text

§ 87. Discharge, when void. A discharge, granted as prescribed in this\narticle, is void, in either of the following cases:\n 1. Where the petitioner wilfully swears falsely, in the affidavit\nannexed to his petition or schedule, or upon his examination, in\nrelation to any material fact, concerning his property or his debts, or\nto any other material fact.\n 2. Where, after presenting his petition, he sells, or in any way\ntransfers or assigns, any of his property, or collects any debt or\ndemand owing to him, and does not give a just and true account thereof,\nupon the hearing or trial, and does not pay the money so collected, or\nthe value of the property so sold, transferred, or assigned, as\nprescribed in this article.\n 3. Where he secretes any part of his property, or a book, voucher, or\npaper relating thereto, with intent to defraud his creditors.\n 4. Where he fraudulently conceals the name of any creditor, or the sum\nowing to any creditor, or fraudulently misstates such a sum.\n 5. Where, in order to obtain his discharge, he procures any person to\nbecome a consenting creditor, wilfully, intentionally, and knowingly,\nfor a sum not due from him to that person in good faith, or for a sum\ngreater than that for which the holder of a demand, purchased or\nassigned, is deemed a creditor, as prescribed in this article.\n 6. Where he pays, or consents to the payment of, any portion of the\ndebt or demand of a creditor, or grants or consents to the granting of\nany gift or reward to a creditor, upon an express or implied contract,\ntrust, or understanding, that the creditor so paid or rewarded should be\na consenting creditor, or should abstain or desist from opposing the\ndischarge.\n 7. Where he is guilty of any fraud whatsoever, contrary to the true\nintent of this article.\n