Florida Statute 55.145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 55
JUDGMENTS

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F.S. 55.145

55.145 Discharge of judgments in bankruptcy.—At any time after 1 year has elapsed since a bankrupt or debtor was discharged from his or her debts, pursuant to the act of congress relating to bankruptcy, the bankrupt or debtor, his or her receiver or trustee, or any interested party may petition the court in which the judgment was rendered against such bankrupt or debtor for an order to cancel and discharge such judgment. The petition shall be accompanied by a certified copy of the discharge of said bankrupt or by a certified copy of the order of confirmation of the arrangement filed by said debtor. The petition, accompanied by copies of the papers upon which it is made, shall be served upon the judgment creditor in the manner prescribed for service of process in a civil action. If it appears upon the hearing that the bankrupt or debtor has been discharged from the payment of that judgment or of the debt upon which it was recovered, the court shall enter an order canceling and discharging said judgment. The order of cancellation and discharge shall have the same effect as a satisfaction of judgment, and a certified copy thereof may be recorded in the same manner as a satisfaction of judgment. This section shall apply only to liens under judgments or obligations duly scheduled in the bankruptcy proceedings.

History.—s. 1, ch. 70-12; s. 297, ch. 95-147.

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Amendments to 55.145

Arrestable Offenses / Crimes under Fla. Stat. 55.145

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 55.145.

Annotations, Discussions, Cases:

Cases Citing Statute 55.145

Total Results: 3

Camp v. St. Paul Fire & Marine Ins. Co.

Court: Supreme Court of Florida | Date Filed: 1993-02-04

Citation: 616 So. 2d 12, 18 Fla. L. Weekly Supp. 94, 1993 Fla. LEXIS 178, 1993 WL 25140

Snippet: Kimbell's bankruptcy estate. Pursuant to section 55.145, Florida Statutes (1991),[2] the state trial court

Barnett Bank of Jacksonville v. Harris

Court: District Court of Appeal of Florida | Date Filed: 1982-11-17

Citation: 421 So. 2d 822, 1982 Fla. App. LEXIS 21695

Snippet: WILLIAM C., Jr. (Retired) Associate Judge. If Section 55.145, Florida Statutes (1979), which contains no reference

Albritton v. General Portland Cement Co.

Court: Supreme Court of Florida | Date Filed: 1977-03-31

Citation: 344 So. 2d 574, 1977 Fla. LEXIS 3893

Snippet: of the Hillsborough County Court holding Section 55.145, Florida Statutes (1975), unconstitutional. In