Question: Anyone know procedures or where to locate forms to file petition to vacate a judgement discharged in Ch 7 Bnkrptcy in the state of Illinois? I plan to file motion myself. Tried contacting the attorney for the creditor, but they flat out refused to take any action/offer any assistance. Stating it is their "policy" to not release judgement (even though the underlying debt was wiped out by the Ch 7). Guess it's their way of "getting even" in some way because I paid off some of it but there was a balance left due when I filed the Ch 7. This is hampering my ability to receive credit, to include a mrtage at a reasonable rate and I need to fight this by whatever legal means available. Thanks.
This is hampering my ability to receive a mortgage at a reasonable rate lostboy =============== This is one of the many screw the customer features of FICO. Nobody deserves to be raped with overcharges over something like this. ><- <>- ><- <>
I recently completed research on this subject, as I am also attempting to vacate a judgment after a BK 7. According to research, BK states a discharge voids a judgment. Section 524. Effect of discharge (a) 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; Since the judgment is void, I believe the lower court must vacate the judgment. I am not a lawyer, but i have found several examples. 11. Courts have ruled that a court has a duty to vacate void judgments. People v. Childs, 278 Ill.App.3d 65, 663 N.E.2d 161 (1996) ("The duty to vacate a void judgment is based on the inherent power of a court to expunge from its records void acts of which it has knowledge."); People v. Magnus, 262 Ill.App.3d 362, 633 N.E.2d 869, 872 (1st Dist. 1994) ("The duty to vacate a void judgment is based on the inherent power of the court to expunge from its records void acts of which it has knowledge.") ("issue was raised sua sponte by the court in fulfillment of our duty to vacate void judgments."); Irving v. Rodriquez, 27 Ill.App.2d 75, 169 N.E.2d 145 (1960). See also the below case MARK WILLIAM STANDIFER v State of Alaska Supreme Court No. S-8981, Trail Court No. 3AN-90-8941 CI I just filed my motion and am awaiting court date.
Thanks for the info. After searching further on the board, I came across another forum where someone mentions using that same statue as justificaation in a motion that they filed .... with some success. I plan to give it a try as well. What's the worse that can happen... the court denies it? Much luck in the endeavor.... let me know how yours turns out and I'll be sure to do the same. Later. LB
