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Florida Statute 55.145 | Lawyer Caselaw & Research
F.S. 55.145 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 55.145

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 55
JUDGMENTS
View Entire Chapter
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.

F.S. 55.145 on Google Scholar

F.S. 55.145 on Casetext

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 from cite.case.law:

In PEARLSTEIN,, 349 B.R. 317 (Bankr. S.D. Fla. 2006)

. . . . § 55.145. . . .

In EPSTEIN,, 298 B.R. 917 (Bankr. S.D. Fla. 2003)

. . . would still be able to avail themselves of the relief potentially afforded under Florida Statutes § 55.145 . . .

In BEARDEN,, 204 B.R. 73 (Bankr. N.D. Fla. 1996)

. . . Pursuant to § 55.145 Fla. . . .

In L. PIERRE, L. PIERRE, v. A. WELFARE, 194 B.R. 927 (Bankr. S.D.N.Y. 1996)

. . . The Plaintiff did not have the judgment canceled of record as provided by Florida Statutes § 55.145. . . . Florida Statutes § 55.145 Discharge of judgments in bankruptcy. . . .

E. VENN, D. Jr. M. D. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY,, 169 B.R. 735 (N.D. Fla. 1994)

. . . Kimbell, in accordance with Section 55.145, Florida Statutes. . . . order of cancellation and discharge shall have the same effect as a satisfaction of judgment.... § 55.145 . . .

CAMP, v. ST. PAUL FIRE MARINE INSURANCE COMPANY,, 616 So. 2d 12 (Fla. 1993)

. . . Pursuant to section 55.145, Florida Statutes (1991), the state trial court granted Dr. . . . Kimbell pursuant to section 55.145. St. Paul relies heavily on Fidelity & Casualty Co. v. . . .

CAMP E. D. Jr. M. D. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY,, 958 F.2d 340 (11th Cir. 1992)

. . . for an order canceling and discharging the three million dollar judgment pursuant to Fla.Stat. ch. 55.145 . . . Stat. ch. 55.145 (1991). Accordingly, St. . . .

CAMP E. D. Jr. M. D. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY,, 958 F.2d 340 (11th Cir. 1992)

. . . for an order canceling and discharging the three million dollar judgment pursuant to Fla.Stat. ch. 55.145 . . . Stat. ch. 55.145 (1991). Accordingly, St. . . .

DALLAS HILLIARD HAMILTON v. ADVENTIS HEALTH SYSTEM SUNBELT HEALTH CARE SYSTEMS, INC., 47 Fla. Supp. 2d 124 (Fla. Cir. Ct. 1991)

. . . Section 55.145, Florida Statutes (1987) provides that: “55.145 Discharge of judgments in bankruptcy. . . . Stat. §55.145 (1987). . . . It is therefore ordered pursuant to Section 55.145, that the Final Judgment rendered by the County Court . . . Section 55.145, Florida Statutes (1987). . . .

CAMP, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY,, 127 B.R. 879 (N.D. Fla. 1991)

. . . 11, 1989, an order was entered in the state circuit court, ordering that: “... pursuant to Section 55.145 . . . Section 55.145 provides in pertinent part: If it appears ... that the bankrupt or debtor has been discharged . . . order of cancellation and discharge shall have the same effect as a satisfaction of judgment. ... § 55.145 . . . Paul’s argument on this issue places special emphasis on Section 55.145, which states that a discharge . . . Section 55.145 provides that an order of cancellation and discharge shall “have the same effect as a . . .

In J. DEL VECCHIO J. DEL VECCHIO v. ATICO SAVINGS BANK,, 101 B.R. 803 (Bankr. S.D. Fla. 1989)

. . . . § 55.145 and without prejudice to any proceedings to void any lien upon other grounds which may be . . . this court now the equivalent of a State court “order of cancellation and discharge” under Fla.Stat. § 55.145 . . .

BARNETT BANK OF JACKSONVILLE, a v. G. HARRIS, a k a, 421 So. 2d 822 (Fla. Dist. Ct. App. 1982)

. . . If Section 55.145, Florida Statutes (1979), which contains no reference to judgment liens, meant literally . . . Over a year later, pursuant to Section 55.145, Marian Harris, appellee herein, sought in the Circuit . . . In the Albritton case, supra, the Court stated at page 576: Nothing in Section 55.145 authorizes the . . . In relevant part, the Statute provides: 55.145 Discharge of judgments in bankruptcy. . . .

In R. MELVIN R. MELVIN v. BANK OF MOUNT DORA,, 13 B.R. 96 (Bankr. S.D. Fla. 1981)

. . . Under § 55.145, Florida Statutes, the judgment may be cancelled in the State court if that should prove . . .

In R. MELVIN R. MELVIN v. REPUBLIC NATIONAL BANK OF MIAMI,, 13 B.R. 95 (Bankr. S.D. Fla. 1981)

. . . Under § 55.145, Florida Statutes, the judgment may be can-celled in the State court if that should prove . . .

D. ALBRITTON, v. GENERAL PORTLAND CEMENT CO., 344 So. 2d 574 (Fla. 1977)

. . . Florida Constitution, we have before us an order of the Hillsbor-ough County Court holding Section 55.145 . . . In relevant part that statute provides: “55.145 Discharge of judgments in bankruptcy. . . . Section 55.145 was enacted by the Florida Legislature in 1970. . . . The court denied Albritton’s petition and declared Section 55.145 unconstitutional. . . . Section 55.145 was enacted to alleviate unfair burdens previously placed on bankrupts by the laws of . . .