Statute · New York Debtor & Creditor Law
N.Y. Debt. & Cred. Law § 81 — Proceedings upon return of order
N.Y. Debt. & Cred. Law § 81
- Type
- Statute
- Source
- New York Debtor & Creditor Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 81. Proceedings upon return of order. If, upon the return of the order, it appears that the assignment has been duly executed, and that the petitioner has duly delivered all his property directed to be assigned, and all the books, vouchers, and papers relating thereto, which are capable of…
Citator
N.Y. Debt. & Cred. Law § 81 — Proceedings upon return of order is in force in the current edition of the Code, and nothing recorded condemns it.
§ 81. Proceedings upon return of order. If, upon the return of the order, it appears that the assignment has been duly executed, and that the petitioner has duly delivered all his property directed to be assigned, and all the books, vouchers, and papers relating thereto, which are capable of delivery, the court may, either
1. Grant a discharge of the petitioner, notwithstanding the neglect or refusal of the trustee; or
2. Make an order, revoking the appointment of the trustee. Upon the entry of such an order, the powers of the trustee, and his interest in the assigned property, cease. If there is no other trustee, the court must, by the same or another order, appoint one or more new trustees. Such an appointment has the same effect, as if the person or persons so appointed were named as trustees in the original assignment.