/ Register

To ALL BK'ers - Judgment set aside!

Discussion in 'Credit Talk' started by SCMomof5, Jul 25, 2002.

  1. Jul 25, 2002 #1
    SCMomof5

    SCMomof5 Well-Known Member

    I said that I would keep everyone posted.

    In USC Title 11 Chapter 5 : Effect of discharge, The federal law states that the discharge of any BK under this title VOIDS any judgment... blah blah blah.

    I filed a motion to set aside (aka vacate) the judgment based on this. It was GRANTED!!!!!

    WOOO HOOOO!!!!!!

    Judgment is now gone! :)

    Go for it folks!
     
  3. Jul 25, 2002 #2
    neosmatrix

    neosmatrix Well-Known Member

    So what does this mean.... exactly.... That if i have a judgement on my credit report that shows included in bk that i could possibly get it vacated then removed from my credit reports???
     
  4. Jul 25, 2002 #3
    SCMomof5

    SCMomof5 Well-Known Member

    Exactly!!!! There is only one definition of the word void!
    Here is the exact quote:

    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;

    What I did was file a "Motion to Set Aside/Vacate Judgment" and cited this law.

    Judge granted it.
     

Share This Page