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New York · Through 2026-09-11

N.Y. Debtor & Creditor Law § 83: Effect of discharge

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Where this section sits in the code
  1. Debtor & Creditor Law
  2. Article 3. Insolvent's Discharge From Debts

§ 83. Effect of discharge. Except as prescribed in the next two

sections, a discharge granted as prescribed in this article, exonerates

and discharges the petitioner from every debt, due at the time when he

executed his assignment, including a debt contracted before that time,

though payable afterwards; and from every liability incurred by him, by

making or indorsing a promissory note, or by accepting, drawing, or

indorsing a bill of exchange, before the execution of his assignment; or

incurred by him, in consequence of the payment, by any party to such a

note or bill, of the whole or any part of the money secured thereby,

whether the payment is made before or after the execution of the

assignment. At any time after one year has elapsed, since the recording

of the discharge, and the petition, affidavits, orders, schedule and

other papers upon which the discharge was granted, as prescribed in

section eighty-two of this chapter, the petitioner may apply, upon proof

of his discharge, to the court in which a judgment shall have been

rendered against him, for an order directing the judgment to be canceled

and discharged of record. If it appears that he has been discharged from

the payment of that judgment, an order must be made accordingly, and

thereupon the clerk must cancel and discharge the docket thereof, as if

the proper satisfaction-piece of the judgment was filed. Notice of the

application, accompanied with copies of the papers upon which it is

made, must be given to the judgment creditor, unless his written consent

to the granting of the order, with satisfactory proof of the execution

thereof, and if he is not the party in whose favor the judgment was

rendered, that he is the owner thereof, is presented to the court upon

the application.

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

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