Can a default judgement be vacated after Chapter 7 Bankruptcy Discharge?

Asked over 1 year ago - Laplata, MD

In August 2012, a creditor filed a Motion to Vacate Dismissal, which the judge ordered to Vacate Dismissal and further ordered Default Judgment. 1 week later I filed a Motion to Vacate Judgment and Motion for New Trial, which was placed on a 15 day hold by the clerk. 9 Days later I filed for Ch. 7 and a copy of my filing was given to the court. The court took no action on my motion(s). When my Order Granting Discharge of Debtor was signed, I filed a Motion to Vacate Judgment.

The judge's response was "No Action. Case has been stayed by bankruptcy".

As I had filed my motions properly and timely, and this judgment was never made final, is there a way to request once again that the judgment be vacated?

Attorney answers (4)

  1. Thomas C Valkenet

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . No action is required. Your discharge wiped out the underying debt, and there was no final judgment at the time you filed for bankruptcy. Confirm this with your bankruptcy attorney, but otherwise smile and quietly get on with your new life.

  2. Lawrence Roger Holzman

    Contributor Level 13

    4

    Lawyers agree

    Answered . That judgment was nit final and it is now discharged. If you want clear it up fir some reason, give me a call and I can give you sine ideas.

  3. Harry Edward Hudson Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . Once you filed bankrutcy, the state trial court had no jurisdiction/authority to do anything. The discharge means that the creditor cannot now reopen the action. Forget about it. Sure that you have much better things to occupy your time.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. David W Kestner

    Contributor Level 8

    Answered . If there was a final judgment entered before your bankruptcy was filed, and if the judgment was in the Circuit Court of the county in which your real property is located, you would want to vacate the judgment or otherwise try to avoid the lien as a preference. If you don't own real property, or if the judgment was in District Court and no notice of lien is filed the judgment is a nullity and no action is needed. If the bankruptcy has closed there is no stay of your action in the case and you can pursue the motion to vacate.

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