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Vacating Judgments After BK7 Discharge

Valued Member

Vacating Judgments After BK7 Discharge

Hello Forum,

 

I've read several posts about states allowing people to have judgments vacated that were discharged in BK7 after a certain amount of time.  But mostly the information I read referred to NY & NJ.  Does anyone know if this can be done in Maryland.  Or is there a link or website that could provide more information on this issue.  I am in the credit cleanup & rebuilding process and would like to utilize this option if it's available to me.  I'd appreciate any responses.  Thanks! 

Message 1 of 6
5 REPLIES
Established Contributor

Re: Vacating Judgments After BK7 Discharge

I'm trying to do the same thing. I am in GA and what I have been told is that the attorney office would need to start the process of filing a motion to vacate.
EQ8: 646 EQ5: 652 V3.0: 665 **8/2015
TU8: 635 TU4: 700 V3.0 :663 **8/2015
EX8: 636 EX3: 670 V3.0: ? **8/2015
CCD Util 35%

Message 2 of 6
Member

Re: Vacating Judgments After BK7 Discharge

Contact your local court(s) where the judgment was granted and ask for info on how to go about this. It should be doable. In MN, one needs to file a Motion of Vacate Judgment with the court that has jurisdiction, which will "close" a judgment. You'll need a certified copy of the discharge to make this happen. Good luck.

 

Edit: Attorney would be helpful but you can save the money and do it yourself. 

Message 3 of 6
Established Contributor

Re: Vacating Judgments After BK7 Discharge

What happens if you got nothing back about it?  All I got was my discharge paperwork from my BK....The CB DO report it right with a 0 balance and IIB and satisfied.

EQ8: 646 EQ5: 652 V3.0: 665 **8/2015
TU8: 635 TU4: 700 V3.0 :663 **8/2015
EX8: 636 EX3: 670 V3.0: ? **8/2015
CCD Util 35%

Message 4 of 6
Member

Re: Vacating Judgments After BK7 Discharge

If it's included in your chap 7 and reporting as satisfied/closed, that's a good thing. However, just to be on the safe side, I would confirm that with the local court - not bk court.Just call them up and give them the case/judgment number, and if they say it's satisfied then you're good. You'll need that proof when you apply for a mortgage eventually.

Message 5 of 6
Established Contributor

Re: Vacating Judgments After BK7 Discharge

Thank you!!  I have brought them paperwork showing the BK and she updated in the court side....and ya, its closed/satisfied for the CB  EX doesn't even report it.....I did ask the court *where it was filed* and she said that the attourney office has to initiate the Motion to vacate...Problem is, Capital one wanted * and got* the file back from that attorney office they hired to sue me....So, I don't know what to do.....

EQ8: 646 EQ5: 652 V3.0: 665 **8/2015
TU8: 635 TU4: 700 V3.0 :663 **8/2015
EX8: 636 EX3: 670 V3.0: ? **8/2015
CCD Util 35%

Message 6 of 6