N.Y. Debtor & Creditor Law § 61: Affidavit of consenting creditor

§ 61. Affidavit of consenting creditor. The consent of a creditor must

be accompanied with his affidavit, stating as follows:

1. That the petitioner is justly indebted to him, or will become

indebted to him, at a future day specified therein, in a sum therein

specified; and, if he, or the person from whom he derives title, is or

was the purchaser or assignee of the debt, he must also specify the sum,

actually and in good faith paid for the debt, as prescribed in section

fifty-eight of this chapter.

2. The nature of the demand, and whether it arose upon written

security, or otherwise, with the general ground or consideration of the

indebtedness.

3. That neither he, nor any person to his use, has received from the

petitioner, or from any other person, payment of a demand, or any part

thereof, in money or in any other way, or any gift or reward of any

kind, upon an express or implied trust, confidence, or understanding,

that he should consent to the discharge of the petitioner.

Where a consenting creditor is an executor, administrator, trustee,

receiver, or assignee, he may state the necessary facts, in his

affidavit, upon information and belief, setting forth therein the

grounds of his belief; but in that case, the consent must also be

accompanied with the affidavit of the insolvent, to the effect, that all

the matters of fact stated in the affidavit of the consenting creditor,

are true.