Planning to file for Ch. 7 soon. Need to know PROCEDURALLY how to remove judgment.

[bcohen]

I currently have a civil judgment from Gurstel Chargo/Discover Bank, which was awarded a little over a month ago. I was waiting to file for bankruptcy until I received my state and federal tax returns, which I have already received and cashed. Therefore, I am planning to file within the next week or two.

I have many other debts, and I'm not interested in trying to settle this debt, nor pay anything toward the judgment. (I currently don't have anything to pay, anyways.)

That being said, I need to know what to do procedurally with regard to the civil judgment. I expect to graduate from college in December, and I need this judgment off my credit reports, or at least marked as "satisfied". Prospective employers have made this clear to me.

So my question is, what do I need to do or file with the county court in order to resolve this. Is it too late to file a "suggestion of bankruptcy"? Do I need to ask the judgment creditor to file a satisfaction of the debt (as soon as I file for bankruptcy, or after discharge), or is there something I can file with the court that will result in the judgment being removed?

[Pjmax]

If you include it in BK, it should update to satisfied on your CR's. Getting it removed is another story. You need an Order to Dismiss or an Order to Vacate. I lucked out with a Judgement I BK'd, I received an Order of Dismissal (filed by the Plaintiff attorney), within a few weeks of filing. TU and EX dropped it on first dispute, I had to fax the Order to EQ.

As far as procedurally getting that Order that isn't initiated by the opposition, hopefully the experts will chime in.

Just adding, the first time I looked at my reports was about 6 weeks after discharge, and the Judgement was marked 'satisfied'. I didn't have to do anything to get it there.

[tobee43]

it will depend on what state you are in. in florida you have to wait a year after your discharge to vacate the judgement while in other states you can do it as soon as you get discharged.

you need to file the motion to vacate first, if you are doing this yourself the bk clerk should be of some assistance. also remember, even if the motion is granted and you rec the order from the court dismissing the judgement many times you have to file that with your county where the judgement is recorded. it was easy to get the order, harder to get all the records to catch up with the dismissal and get the judgement removed (as Pj says), from the record, but it can be done!

we used an atty, even though i could have done it myself, i wanted to make certain it was followed through to the end, so to speak. it was worth the money.

good luck!