How do I get a judgement removed if the debt was part of a bankruptcy and the person has no further right to rcover?
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How do I get a judgement removed if the debt was part of a bankruptcy and the person has no further right to rcover?
Asked on February 1, 2013 under Bankruptcy Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the debt was listed on your bankruptcy petition and indeed discharged when your bankruptcy closed, send the creditor - as well as the credit reporting agencies - a copy of the discharge. But the judgement may indeed remain if you do not follow state law that may dictate what you need to do. For example, in New York you need to apply to the court for a marking on the record of the discharge of the judgement. You see the judgement is a court order and they are enforceable until the court says otherwise. Speak with your bankruptcy attorney. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The best way to get the debt removed that was discharged in a bankruptcy is to get a certified copy of the bankruptcy discharge order and file it in the legal action where the judgment arose and ask that the judgment debtor give you a full satisfaction of judgment. If he or she refuses, file a motion with the state court deeming that the judgment is fully satisfied due to the bankruptcy filing and get an order to that effect.
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