2012 New York Consolidated Laws
DCD - Debtor & Creditor
Article 3 - (50 - 88) INSOLVENT'S DISCHARGE FROM DEBTS
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.