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: Fla. | Date Filed: 1993-02-03T23:53:00-08:00

Citation: 616 So. 2d 12

Snippet: Kimbell's bankruptcy estate. Pursuant to section 55.145, Florida Statutes (1991),[2] the state trial court…rendered against Dr. Kimbell pursuant to section 55.145. St. Paul relies heavily on Fidelity &

Barnett Bank of Jacksonville v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 1982-11-17T00:00:00-08:00

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…judgment. Over a year later, pursuant to Section 55.145, Marian Harris, appellee herein, sought in the …the Court stated at page 576: Nothing in Section 55.145 authorizes the invalidation of liens which survive…concur. . In relevant part, the Statute provides: 55.145 Discharge of judgments in bankruptcy. At any time

Albritton v. General Portland Cement Co.

Court: Fla. | Date Filed: 1977-03-30T23:53:00-08:00

Citation: 344 So. 2d 574

Snippet: of the Hillsborough County Court holding Section 55.145, Florida Statutes (1975), unconstitutional. In …In relevant part that statute provides: "55.145 Discharge of judgments in bankruptcy. At any time …discharge in bankruptcy on August 16, 1968. Section 55.145 was enacted by the Florida Legislature in 1970.…denied Albritton's petition and declared Section 55.145 unconstitutional. The court held that the statute… We disagree on all counts and reverse. Section 55.145 was enacted to alleviate unfair burdens previously