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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Debtor and Creditor Law - DCD § 87. Discharge, when void - last updated January 01, 2024 | https://codes.findlaw.com/ny/debtor-and-creditor-law/dcd-sect-87/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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