Legislation
SECTION 64
Petitioner's affidavit
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 3
§ 64. Petitioner's affidavit. An affidavit, in the following form,
subscribed and taken by the petitioner before the county judge, or, in
the city of New York, before the judge holding the term of the court, at
which the order specified in the next section is made, must be annexed
to the schedule:
"I, __________ , do swear" (or "affirm, " as the case may be), "that
the matters of fact stated in the schedule hereto annexed, are, in all
respects, just and true; that I have not, in contemplation of my
becoming insolvent, or within two years before presenting the petition
herein, disposed of or made over any part of my property, not exempt by
express provision of law from levy and sale by virtue of an execution,
for the future benefit of myself or my family, or disposed of or made
over any part of my property, in order to defraud any of my creditors;
that I have not, in any instance, created or acknowledged a debt for a
greater sum than I honestly and truly owed; and that I have not paid,
secured to be paid, or in any way compounded with, any of my creditors,
with a view fraudulently to obtain the prayer of my petition; that I
have not done, suffered or been privy to any act, matter or thing which,
if accomplished, would be ground for withholding my discharge under the
provisions of this act, or invalidate such discharge if granted."
subscribed and taken by the petitioner before the county judge, or, in
the city of New York, before the judge holding the term of the court, at
which the order specified in the next section is made, must be annexed
to the schedule:
"I, __________ , do swear" (or "affirm, " as the case may be), "that
the matters of fact stated in the schedule hereto annexed, are, in all
respects, just and true; that I have not, in contemplation of my
becoming insolvent, or within two years before presenting the petition
herein, disposed of or made over any part of my property, not exempt by
express provision of law from levy and sale by virtue of an execution,
for the future benefit of myself or my family, or disposed of or made
over any part of my property, in order to defraud any of my creditors;
that I have not, in any instance, created or acknowledged a debt for a
greater sum than I honestly and truly owed; and that I have not paid,
secured to be paid, or in any way compounded with, any of my creditors,
with a view fraudulently to obtain the prayer of my petition; that I
have not done, suffered or been privy to any act, matter or thing which,
if accomplished, would be ground for withholding my discharge under the
provisions of this act, or invalidate such discharge if granted."