Section 150. Cancellation of record of judgment discharged in bankruptcy


Latest version.
  • 1.
      At  any  time  after one year has elapsed since a bankrupt or debtor was
      discharged from his debts, pursuant to the acts of congress relating  to
      bankruptcy,  the  bankrupt or debtor, his receiver, trustee or any other
      interested  person  or  corporation,  may  apply,  upon  proof  of   the
      bankrupt's  or  debtor's discharge, to the court in which a judgment was
      rendered against him, or if rendered in a court not of  record,  to  the
      court  of which it has become a judgment by docketing it therein, for an
      order, directing that a discharge or a qualified discharge of record  be
      marked upon the docket of the judgment.
        2. If it appears upon the hearing that the bankrupt or debtor has been
      discharged  from  the payment of that judgment or the debt upon which it
      was recovered, an order must be  made  directing  that  a  discharge  or
      qualified discharge be marked on the docket of the judgment.
        3.  If  it  appears  that  any lien of the judgment upon real property
      owned by the bankrupt  or  debtor  prior  to  the  commencement  of  the
      bankruptcy  proceedings was invalidated or surrendered in the bankruptcy
      proceedings or set aside  in  an  action  brought  by  the  receiver  or
      trustee, the order shall direct that a discharge be marked on the docket
      of the judgment.
        4.  If  (a) it does not appear whether the judgment was a lien on real
      property owned by the bankrupt or debtor prior to  the  commencement  of
      the bankruptcy proceedings, or (b) if it appears that the judgment was a
      lien on such real property and it is not established to the satisfaction
      of  the  court  that  the  lien  was  invalidated  or surrendered in the
      bankruptcy proceedings or set aside in an action brought by the receiver
      or trustee, the order shall direct that a qualified discharge be  marked
      on  the  docket  of  the judgment. If the court directs that a qualified
      discharge be marked on the docket of the judgment it  shall  specify  in
      its  order  which  of  the two grounds stated above was the basis of its
      order.
        5. Upon presentation of the order for entry, or of  a  certified  copy
      thereof  for filing, as the case may be, and upon payment of the fees to
      which he is entitled, the clerk of the court where the order  was  made,
      or  the  clerk  of any court where a transcript of the judgment has been
      filed  and  docketed,  shall  mark  on  the  docket  thereof  an   entry
      substantially  as  follows:  In  the case of a discharge, "Discharged by
      order of the  court;  see  order  entered  (or  filed)  ................
      (stating  the  date  of entry or filing of the order)"; in the case of a
      qualified discharge, "Qualified discharge by order  of  the  court;  see
      order  entered  (or  filed) .......... (stating the date of the entry or
      filing of the order)."
        6. Notice of the application, accompanied by copies of the papers upon
      which it is made, must be served upon  the  judgment  creditor,  or  his
      attorney  of record in the action in which the judgment was rendered, in
      the manner as prescribed for service of a notice in an  action,  if  the
      residence  or  place  of  business  of  the judgment creditor, or of his
      attorney, is known. Upon proof by affidavit that the address of  neither
      the judgment creditor nor his attorney is known, and that the address of
      neither  can  be  ascertained  after due diligence, or that the judgment
      creditor is a non-resident of this state, and his attorney is  dead,  or
      removed  from the state, or cannot be found within the state, a judge or
      justice of the court may, by  order,  direct  that  the  notice  of  the
      application  be published in a newspaper designated in the order, once a
      week for not more than three  weeks.  Such  publication,  shown  by  the
      affidavit  of  the  publisher,  shall  be  sufficient  service  upon the
      judgment creditor, of the application.