Fraud in insolvency · as in force on May 31, 2026
§ 185.00 Fraud in insolvency.
1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.
2. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he
(a) conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate; or
(b) obtains any substantial part of or interest in the debtor's estate; or
(c) presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement; or
(d) misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator.
Fraud in insolvency is a class A misdemeanor.
A person commits fraud in insolvency by acting with intent to defraud a creditor, while knowing that a creditor-benefit arrangement or appointment of an administrator is underway or imminent, and:
An “administrator” includes an assignee or trustee for creditors, liquidator, receiver, or another person entitled to administer creditor-benefit property. The offense is a class A misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.