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Current as of January 01, 2024 | Updated by FindLaw Staff
An affidavit, in the following form, subscribed and taken by the petitioner before the county judge, or, in the city of New York, before the judge holding the term of the court, at which the order specified in the next section is made, must be annexed to the schedule:
“I, ______, do swear” (or “affirm,” as the case may be), “that the matters of fact stated in the schedule hereto annexed, are, in all respects, just and true; that I have not, in contemplation of my becoming insolvent, or within two years before presenting the petition herein, disposed of or made over any part of my property, not exempt by express provision of law from levy and sale by virtue of an execution, for the future benefit of myself or my family, or disposed of or made over any part of my property, in order to defraud any of my creditors; that I have not, in any instance, created or acknowledged a debt for a greater sum than I honestly and truly owed; and that I have not paid, secured to be paid, or in any way compounded with, any of my creditors, with a view fraudulently to obtain the prayer of my petition; that I have not done, suffered or been privy to any act, matter or thing which, if accomplished, would be ground for withholding my discharge under the provisions of this act, or invalidate such discharge if granted.”
Cite this article: FindLaw.com - New York Consolidated Laws, Debtor and Creditor Law - DCD § 64. Petitioner's affidavit - last updated January 01, 2024 | https://codes.findlaw.com/ny/debtor-and-creditor-law/dcd-sect-64/
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