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New York Consolidated Laws, Debtor and Creditor Law - DCD § 135. Powers and duties of trustee

Current as of January 01, 2026 | Updated by Findlaw Staff

The trustee must collect the demands, and sell the other property assigned to him.  He must apply the proceeds thereof, after deducting his commissions and expenses allowed by law, as follows:

1. To the payment of the jail fees, upon the imprisonment and discharge of the petitioner.

2. If any surplus remains, to the payment of the creditors, by virtue of whose executions the petitioner was imprisoned, when he presented his petition;  or, if there is not enough to pay them in full, to the payment, to each, of a proportionate part of the sum due upon his execution.

3. If any surplus remains, he must pay it over to the petitioner, or his executor or administrator.

Personal service upon a creditor, or his attorney, of written notice of the time and place of making a distribution, as prescribed in subdivision second of this section, has the same effect as publishing a notice thereof, in a case prescribed by law.

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Cite this article: FindLaw.com - New York Consolidated Laws, Debtor and Creditor Law - DCD § 135. Powers and duties of trustee - last updated January 01, 2026 | https://codes.findlaw.com/ny/debtor-and-creditor-law/dcd-sect-135/

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