State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 74

§  74. When insolvent cannot be discharged. In either of the following  cases, the petitioner is not entitled to a discharge:    1. Where it appears, upon the hearing or trial, that, after making the  schedule annexed to his petition, he has collected a debt or demand,  or  transferred,   absolutely,  conditionally,  or  otherwise,  any  of  his  property, not exempt  by  law  from  levy  and  sale  by  virtue  of  an  execution,  and  he  neglects  or  refuses  forthwith to pay over to the  clerk, the full amount of all debts and demands so  collected,  and  the  full  value of all property so transferred, except so much of the money,  and of the value of the property, as appears to  have  been  necessarily  expended by him for the support of himself or his family.    2.  Where  it appears, in like manner, that the petitioner, within two  years before presenting the  petition,  has,  in  contemplation  of  his  becoming  insolvent, or of his petitioning for his discharge, or knowing  of his  insolvency,  made  an  assignment,  sale,  or  transfer,  either  absolute  or  conditional,  of  any  of his property, or of any interest  therein, or confessed a judgment, or given any security, with a view  of  giving a preference to a creditor for an antecedent debt.

State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 74

§  74. When insolvent cannot be discharged. In either of the following  cases, the petitioner is not entitled to a discharge:    1. Where it appears, upon the hearing or trial, that, after making the  schedule annexed to his petition, he has collected a debt or demand,  or  transferred,   absolutely,  conditionally,  or  otherwise,  any  of  his  property, not exempt  by  law  from  levy  and  sale  by  virtue  of  an  execution,  and  he  neglects  or  refuses  forthwith to pay over to the  clerk, the full amount of all debts and demands so  collected,  and  the  full  value of all property so transferred, except so much of the money,  and of the value of the property, as appears to  have  been  necessarily  expended by him for the support of himself or his family.    2.  Where  it appears, in like manner, that the petitioner, within two  years before presenting the  petition,  has,  in  contemplation  of  his  becoming  insolvent, or of his petitioning for his discharge, or knowing  of his  insolvency,  made  an  assignment,  sale,  or  transfer,  either  absolute  or  conditional,  of  any  of his property, or of any interest  therein, or confessed a judgment, or given any security, with a view  of  giving a preference to a creditor for an antecedent debt.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Dcd > Article-3 > 74

§  74. When insolvent cannot be discharged. In either of the following  cases, the petitioner is not entitled to a discharge:    1. Where it appears, upon the hearing or trial, that, after making the  schedule annexed to his petition, he has collected a debt or demand,  or  transferred,   absolutely,  conditionally,  or  otherwise,  any  of  his  property, not exempt  by  law  from  levy  and  sale  by  virtue  of  an  execution,  and  he  neglects  or  refuses  forthwith to pay over to the  clerk, the full amount of all debts and demands so  collected,  and  the  full  value of all property so transferred, except so much of the money,  and of the value of the property, as appears to  have  been  necessarily  expended by him for the support of himself or his family.    2.  Where  it appears, in like manner, that the petitioner, within two  years before presenting the  petition,  has,  in  contemplation  of  his  becoming  insolvent, or of his petitioning for his discharge, or knowing  of his  insolvency,  made  an  assignment,  sale,  or  transfer,  either  absolute  or  conditional,  of  any  of his property, or of any interest  therein, or confessed a judgment, or given any security, with a view  of  giving a preference to a creditor for an antecedent debt.