Section 87. Discharge, when void  


Latest version.
  • A discharge, granted as prescribed in this
      article, is void, in either of the following cases:
        1.  Where  the  petitioner  wilfully  swears falsely, in the affidavit
      annexed to his  petition  or  schedule,  or  upon  his  examination,  in
      relation  to any material fact, concerning his property or his debts, or
      to any other material fact.
        2. Where, after presenting his petition,  he  sells,  or  in  any  way
      transfers  or  assigns,  any  of  his  property, or collects any debt or
      demand owing to him, and does not give a just and true account  thereof,
      upon  the  hearing or trial, and does not pay the money so collected, or
      the value  of  the  property  so  sold,  transferred,  or  assigned,  as
      prescribed in this article.
        3.  Where he secretes any part of his property, or a book, voucher, or
      paper relating thereto, with intent to defraud his creditors.
        4. Where he fraudulently conceals the name of any creditor, or the sum
      owing to any creditor, or fraudulently misstates such a sum.
        5. Where, in order to obtain his discharge, he procures any person  to
      become  a  consenting  creditor, wilfully, intentionally, and knowingly,
      for a sum not due from him to that person in good faith, or  for  a  sum
      greater  than  that  for  which  the  holder  of  a demand, purchased or
      assigned, is deemed a creditor, as prescribed in this article.
        6. Where he pays, or consents to the payment of, any  portion  of  the
      debt  or  demand of a creditor, or grants or consents to the granting of
      any gift or reward to a creditor, upon an express or  implied  contract,
      trust, or understanding, that the creditor so paid or rewarded should be
      a  consenting  creditor,  or  should abstain or desist from opposing the
      discharge.
        7. Where he is guilty of any fraud whatsoever, contrary  to  the  true
      intent of this article.