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Vacating a judgment after bankruptcy

Paterson, NJ |

Which form do I need to file to vacate a judgment that was included in bankruptcy in NJ?

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Attorney answers 3

Posted

First, why would you need to vacate a judgment that was discharged in bankruptcy? It is now uncollectable, so there is no point in vacating it. Second, you are talking about 2 separate issues - vacating a judgment has to be done in the court that issued it, not with the bankruptcy court, and you'll need a reason other than it was discharged in bankruptcy.

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Asker

Posted

In NJ you have to wait one year, and then file to vacate a judgment that was discharged in bankruptcy.

Michael J Corbin

Michael J Corbin

Posted

You aren't talking about vacating a judgment - you are talking about a motion for cancellation of judgment - that is done in the local court, not the bankruptcy court.

Asker

Posted

Do you know which form is used to cancel a judgment in NJ?

Michael J Corbin

Michael J Corbin

Posted

Contact court administration where the judgment is entered - they can give you the paperwork.

Posted

I agree with Attorney Corbin. You cannot vacate a judgment because of bankruptcy. The judgment is valid; it is simply unenforcable because it is subject to the bankruptcy discharge and permanent stay.

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Posted

Atorney Corbin is corect. I am an NJ Bankruptcy Counsel and Counselor Corbin explained it properly

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