Does a successful Chapter 7 vacate judgements?

[fins22]

I think each State may handle this differently. I spent 20 as a Bankruptcy Attorney in New Jersey. The Bankruptcy discharge did NOT vacate any prepetition judgments. In fact, you had to wait until One year after the Bankruptcy was discharged and then your Attorney had to file a motion to vacate the Judgment. If anybody filed in NJ, please be aware of this because even some Attorneys do not know and will not advise you properly. Good Luck

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[IBroke]

It simply means that you walk into the court where the judgment was entered (county court, district court, small claims court etc) with a copy of your discharge and file it with the court.

Most people tend to overthink this...The debt IS DISCHARGED by the BK and the Judgment CANNOT be enforced. However, if you actually want to remove the judgment from your record, you need to take the extra step and have it vacated at the court where the judgment was entered.

Great! Does that work in Florida as well and are there any limitations (i.e. how old such a judgement can be)?

I assume if it is vacated, it has to be removed from the credit-report as well, right?

I'm asking because I'm in a situation where I'm currently not forced to file (no income/assets). The only thing I am concerned about are Judgements on my credit-report. If they are filed close to the SOL of my debt, I could face quite a number of them for quite a while - and when I'm forced to file Chapter 7 one day, I certainly don't want BOTH on my report - a BK AND a bunch of Judgements.

[mom2three09]

I have to get at judgment lien removed from my house, my lawyer said it has to be done while the bk case is still open.

This is sorta what we're facing too. In our county in Indiana judgments automatically attach to your property. Our lawyer is amending our schedules to show that we do, in fact, have equity in our home so that the liens have something to attach to and can then be wiped out. I know it seems hard to wrap your head around why you would need equity in your home in order to do this, but when I sat down & thought about it I understood that it is the only way to get rid of the liens. Otherwise if we want to sell (which we do in 2 yrs) or refinance our home those liens will still have to be paid. We just have to fax the attorney a copy of our deed (legal description) and he's going to take care of the rest. He didn't even act like he will charge us anymore $$ for doing it. Then again, he only charged us $60 to amend & add several more unsecured creditors that we had forgotten about, so even if he does charge us it probably won't be much.

[eddiep]

I have to get at judgment lien removed from my house, my lawyer said it has to be done while the bk case is still open.

[music12]

maybe you never thought about it that way because your creditors put your judgments on your credit reports. mine didn't...

[momof3b1g]

oh, thanks for that info snrsfn!

i guess that means that if a judgment has not made it to a credit report, then it doesn't need to be vacated.

Never thought about it that way. But I already paid the $9.50 for a certified copy. Might as well get it done.

[music12]

oh, thanks for that info snrsfn!

i guess that means that if a judgment has not made it to a credit report, then it doesn't need to be vacated.

[snrsfn]

it is my understanding that you don't really need to have a judgment officially vacated. the judgment is discharged and therefore unenforceable. any attempt at collecting would be a violation of the bk code. so it's not necessary to have the state court vacate the judgment. it's already void:

This would still leave it on the credit report though and still be reported as satisfied/released. but it would stay for 10yrs as well as the bk, I spoke with a lawyer that said a judgment is a negative, no matter if it is satisfied/released or not it has to be vacated (gone) to not be a negative. If you have it vacated, it will be removed from the credit report, which would greatly increase your credit score in the long run. I realized the bk will be on the report for 10yrs, but your score will climb very well in just 2yrs, with judgments, it will not climb far until they are gone.

[music12]

it is my understanding that you don't really need to have a judgment officially vacated. the judgment is discharged and therefore unenforceable. any attempt at collecting would be a violation of the bk code. so it's not necessary to have the state court vacate the judgment. it's already void:

11 usc 524:

A discharge in a case under this title—
(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

[momof3b1g]

Once you file your discharge with the court to vacate the judgment, is the public record then removed from your credit report?

Thats what I am wondering or if you have to do it so they cannot take further action(even though i thought the bk covered that)



ANOTHER QUESTION: Does anyone know what this means? Application must include: affidavit of service or affidavit of mailing for each judgement creditor.(note: service is at the expense of the applicant. Service must be made in the same manner as a summons in a civil action or by certified mail to the judgements creditor's last known address as it appears in the court record)

[RackingJ]

Once you file your discharge with the court to vacate the judgment, is the public record then removed from your credit report?

[123ABC]

Here in Ohio you have to pay 199.00 filing cost with the courts to have your judgements vacated. they will not go away automatically!

[momof3b1g]

Make sure you apply pressure to the lawyer. You can even take a copy of your bk to the Courthouse and have it put into the docket.

You should really have no problem, but I am over-safe. I make sure. 'Hub

Its becoming more complicated then I thought. I went to turn in the paperwork they gave me to fill out. I cannot use the discharge paper the courts mailed me. I have to have a certified copy. URG! So now I have to contact them. I wonder if they will charge me for that?

Also do I have to file my discharge with the courts? What happens if I don't?

[arami008]

Thanks momof3b1g. You answered my questions. Thanks.

[momof3b1g]

I also was recently discharged and have two judgements against me. So should I just take a copy of the discharge notice and file it with the court?

Yes, Thats what I did they gave me 2 papers to fill out. It cost $5 for each judgement to be discharged.