Getting a judgment vacated due to C

I'm not an attorney, but vacating a judgment means getting a judge to agree that there was something wrong with the judgment to begin with. The bankruptcy doesn't have anything to do with that.

 

Mycroft,

I think you might be wrong on this one...I'm almost positive I read somewhere about judgments being vacated if the debt was incurred pre-BK.

 

This is from SC Mom of 5

OK here you go....

Using the same case number as the original judgment, file a (simple) "Motion to Vacate (or Set Aside)". In this motion you state that your reason for requesting this is pursuant to USC Title 11 Chapter 5 Subchapter II Section 524:
" Sec. 524. Effect of discharge

-STATUTE-
(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;"

(web page: http://uscode.house.gov/DOWNLOAD/11C5.DOC).

Include the BK Case number, the list of creditors (highlighting this one) and a copy of the discharge.

*****************
I did this, handwritten, mailed to the court in another state and within the month, I had my judgment vacated. I faxed copies of it to the 3 CRAs and it was off by the end of the week!!!

HUH?
EQ - 517 4/02 -> 693 5/02 -> 687 2/03
EXP - 542 4/02 -> 590 5/02 -> 581 9/02 > 635 2/03
TU fake- 432 4/02 -> 486 6/02 -> 520 9/02 -> 698 2/03
tu's fico 566 7/10 608 11/02 -> 658 1/03

Do a search using the term "vacating a judgment in bankruptcy "for the entire thread.

 

Re: Re: Getting a judgment vacated due to C

I stand corrected.

 

Re: Re: Getting a judgment vacated due to C

Do a search using the term "vacating a judgment in bankruptcy "for the entire thread.

 

My thought is if the debt/judgement was included in the bk paperwork then yes it can be removed. I filed chp 7 in 1991 and anything included had to be written on the paperwork, except for obvious exlusions IE Student loans, tax liens, etc....