55.145

Discharge of judgments in bankruptcy.

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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.

Notes of Decisions

Cited in 12 cases, 1977–2006 · leading case: Albritton v. General Portland Cement Co.

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Albritton v. General Portland Cement Co. (1977) fla · cites it 7× “By direct appeal pursuant to Article V, Section 3(b)(1) of the Florida Constitution, we have before us an order of the Hillsborough County Court holding Section 55.145, Florida Statutes (1975), unconstitutional.”

Camp v. St. Paul Fire and Marine Ins. Co. (1991) flnd · cites it 7× “§ 55.145, Fla.Stat. (1985) (emphasis added).”

Camp v. St. Paul Fire & Marine Ins. Co. (1993) fla · cites it 3× “Pursuant to section 55.145, Florida Statutes (1991), [2] the state trial court granted Dr.”

Venn v. St. Paul Fire and Marine Ins. Co. (1994) flnd · cites it 4× “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.”

In Re Epstein (2003) flsb “Debtors seeking to remove clouds upon title to homestead property would still be able to avail themselves of the relief potentially afforded under Florida Statutes § 55.145.”

In Re Bearden (1996) flnb · cites it 2× “Pursuant to § 55.145 Fla. Stat. (1995), at any time after a year following the receipt of a discharge in bankruptcy, the debtor may petition the court in which the judgment was entered and obtain an order which cancels and discharges such judgment.”

Del Vecchio v. Atico Savings Bank (In Re Del Vecchio) (1989) flsb · cites it 2× “§ 55.145 1 and without prejudice to *804 any proceedings to void any lien upon other grounds which may be applicable under bankruptcy law.”

Barnett Bank of Jacksonville v. Harris (1982) fladistctapp · cites it 4× “If Section 55.145, Florida Statutes (1979), which contains no reference to judgment liens, meant literally what it so plainly says, 1 the trial court’s summary final judgment ordering appellant to satisfy of record a certain money judgment held by it surely would have been…”

Melvin v. Bank of Mount Dora (In re Melvin) (1981) flsb “Under § 55.145, Florida Statutes, the judgment may be cancelled in the State court if that should prove necessary.”

Melvin v. Republic National Bank of Miami (In re Melvin) (1981) flsb “I reject this defense, because the judgment lien did not attach to the debtors’ home (or so far as this record reflects, any other property) before bankruptcy.”

Hamilton v. Adventis Health System/Sunbelt Health Care Systems, Inc. (1991) flacirct · cites it 6× “Section 55.145, Florida Statutes (1987) provides that: “55.”

In re Pearlstein (2006) flsb “§ 55.145. However, the filing in this Court of a motion to avoid or remove a “judgment lien”, pursuant to 11 U.”

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