Section 83. Effect of discharge  


Latest version.
  • 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.