Florida Statute 55.145 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 55.145

Total Results: 11

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

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

Supreme Court of Florida | Filed: Feb 4, 1993 | Docket: 1392083

Cited 12 times | Published

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

Albritton v. General Portland Cement Co.

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

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 474805

Cited 6 times | Published

order of the Hillsborough County Court holding Section 55.145, Florida Statutes (1975), unconstitutional

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

127 B.R. 879, 1991 U.S. Dist. LEXIS 6127, 1991 WL 102513

District Court, N.D. Florida | Filed: Feb 12, 1991 | Docket: 293442

Cited 3 times | Published

circuit court, ordering that: ". . . pursuant to Section 55.145, Florida Statutes, the judgment against Defendant

In Re Bearden

204 B.R. 73, 10 Fla. L. Weekly Fed. B 196, 37 Collier Bankr. Cas. 2d 504, 1996 Bankr. LEXIS 1724, 1996 WL 765298

United States Bankruptcy Court, N.D. Florida | Filed: Dec 30, 1996 | Docket: 1440282

Cited 2 times | Published

obtain the benefits sought herein. Pursuant to § 55.145 Fla. Stat. (1995), at any time after a year following

Del Vecchio v. Atico Savings Bank (In Re Del Vecchio)

101 B.R. 803, 1989 Bankr. LEXIS 1062

United States Bankruptcy Court, S.D. Florida. | Filed: Jun 5, 1989 | Docket: 1644404

Cited 2 times | Published

prejudice to State court proceedings under Fla. Stat. § 55.145[1] and without prejudice to *804 any proceedings

Venn v. St. Paul Fire and Marine Ins. Co.

169 B.R. 735, 1994 U.S. Dist. LEXIS 8596, 1994 WL 380297

District Court, N.D. Florida | Filed: May 9, 1994 | Docket: 1426619

Cited 1 times | Published

judgment against Dr. Kimbell, in accordance with Section 55.145, Florida Statutes.[2] This order had the same

In re Pearlstein

349 B.R. 317, 2006 WL 2398767

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 17, 2006 | Docket: 65783108

Published

cancel or discharge such judgment.” Fla. Stats. § 55.145. However, the filing in this Court of a motion

In Re Epstein

298 B.R. 917, 16 Fla. L. Weekly Fed. B 247, 2003 Bankr. LEXIS 1179

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 29, 2003 | Docket: 1789344

Published

relief potentially afforded under Florida Statutes § 55.145.

Barnett Bank of Jacksonville v. Harris

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

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 64593190

Published

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

Melvin v. Bank of Mount Dora (In re Melvin)

13 B.R. 96, 1981 Bankr. LEXIS 3368

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 14, 1981 | Docket: 65777949

Published

vitality in the judgment and the judgment lien. Under § 55.145, Florida Statutes, the judgment may be cancelled

Melvin v. Republic National Bank of Miami (In re Melvin)

13 B.R. 95, 1981 Bankr. LEXIS 3381

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 13, 1981 | Docket: 65777948

Published

vitality in the judgment and the judgment lien. Under § 55.145, Florida Statutes, the judgment may be can-celled