§ 87. Discharge, when void.
314 words·~1 min read·
/ny/debtor-creditor/insolvent-s-discharge-from-debts/87·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 87. Discharge, when void. A discharge, granted as prescribed in this
article, is void, in either of the following cases:
1. Where the petitioner wilfully swears falsely, in the affidavit
annexed to his petition or schedule, or upon his examination, in
relation to any material fact, concerning his property or his debts, or
to any other material fact.
2. Where, after presenting his petition, he sells, or in any way
transfers or assigns, any of his property, or collects any debt or
demand owing to him, and does not give a just and true account thereof,
upon the hearing or trial, and does not pay the money so collected, or
the value of the property so sold, transferred, or assigned, as
prescribed in this article.
3. Where he secretes any part of his property, or a book, voucher, or
paper relating thereto, with intent to defraud his creditors.
4. Where he fraudulently conceals the name of any creditor, or the sum
owing to any creditor, or fraudulently misstates such a sum.
5. Where, in order to obtain his discharge, he procures any person to
become a consenting creditor, wilfully, intentionally, and knowingly,
for a sum not due from him to that person in good faith, or for a sum
greater than that for which the holder of a demand, purchased or
assigned, is deemed a creditor, as prescribed in this article.
6. Where he pays, or consents to the payment of, any portion of the
debt or demand of a creditor, or grants or consents to the granting of
any gift or reward to a creditor, upon an express or implied contract,
trust, or understanding, that the creditor so paid or rewarded should be
a consenting creditor, or should abstain or desist from opposing the
discharge.
7. Where he is guilty of any fraud whatsoever, contrary to the true
intent of this article.