§ 83. Effect of discharge.
300 words·~1 min read·
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§ 83. Effect of discharge. Except as prescribed in the next two
sections, a discharge granted as prescribed in this article, exonerates
and discharges the petitioner from every debt, due at the time when he
executed his assignment, including a debt contracted before that time,
though payable afterwards; and from every liability incurred by him, by
making or indorsing a promissory note, or by accepting, drawing, or
indorsing a bill of exchange, before the execution of his assignment; or
incurred by him, in consequence of the payment, by any party to such a
note or bill, of the whole or any part of the money secured thereby,
whether the payment is made before or after the execution of the
assignment. At any time after one year has elapsed, since the recording
of the discharge, and the petition, affidavits, orders, schedule and
other papers upon which the discharge was granted, as prescribed in
section eighty-two of this chapter, the petitioner may apply, upon proof
of his discharge, to the court in which a judgment shall have been
rendered against him, for an order directing the judgment to be canceled
and discharged of record. If it appears that he has been discharged from
the payment of that judgment, an order must be made accordingly, and
thereupon the clerk must cancel and discharge the docket thereof, as if
the proper satisfaction-piece of the judgment was filed. Notice of the
application, accompanied with copies of the papers upon which it is
made, must be given to the judgment creditor, unless his written consent
to the granting of the order, with satisfactory proof of the execution
thereof, and if he is not the party in whose favor the judgment was
rendered, that he is the owner thereof, is presented to the court upon
the application.