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New York · Through 2026-09-11

N.Y. Debtor & Creditor Law § 18: Effect of orders; power of judge and duties of clerk

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Where this section sits in the code
  1. Debtor & Creditor Law
  2. Article 2. General Assignments For the Benefit of Creditors

§ 18. Effect of orders; power of judge and duties of clerk. All orders

or decrees in proceedings under this article shall have the same force

and effect, and may be entered, docketed and enforced and appealed from

the same as if made in an original action brought in the court in which

the proceeding is pending; provided, however, that a final decree,

directing the payment of money, may be enforced by serving a certified

copy thereof personally upon the assignee for the benefit of creditors,

and if said assignee wilfully neglects to obey said decree, by punishing

him for a contempt of court. The imprisonment of said assignee, by

virtue of proceedings to punish him for contempt, as prescribed in this

section, or a levy upon his property by virtue of an action, shall not

bar, suspend or otherwise affect an action against the sureties on his

final bond. All proceedings under this article shall be deemed to be had

in court. The said court shall always be open for proceedings under this

article. The judge, when named in this article, shall, in such

proceedings, be deemed to be acting as the court. The clerk of the court

shall keep a separate book, in which shall be entered, in each case, the

date and place of record of the assignment, and a minute of all

proceedings therein, under this article, with such particularity as the

court shall direct by general order. He shall record therein the orders

and decrees of the court, settling, rejecting or adjusting claims, and

directing the payment of money, or releasing assets by the assignee, and

removing or discharging the assignee and his sureties, and such other

orders as the courts shall direct by general order. The said clerk shall

securely keep the papers in each case in a file by themselves, and shall

be entitled to a fee, except as otherwise provided by law, of one dollar

for filing all the papers in each case, and entering the proceedings in

the minute-book, and fifty cents to be paid by the assignee, unless

otherwise directed, for recording each order or decree required by this

article or the general order of the court. The clerk shall not record at

length any order except the final order in a proceeding under this

article, unless directed to do so by the court.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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