§ 150 — Cancellation of record of judgment discharged in bankruptcy

New York § 150

• Jurisdiction: New York
• Law DCD: Debtor & Creditor
• Art. 6: Discharge of Bankrupt From Judgment

Text

§ 150. Cancellation of record of judgment discharged in bankruptcy. 1.\nAt any time after one year has elapsed since a bankrupt or debtor was\ndischarged from his debts, pursuant to the acts of congress relating to\nbankruptcy, the bankrupt or debtor, his receiver, trustee or any other\ninterested person or corporation, may apply, upon proof of the\nbankrupt's or debtor's discharge, to the court in which a judgment was\nrendered against him, or if rendered in a court not of record, to the\ncourt of which it has become a judgment by docketing it therein, for an\norder, directing that a discharge or a qualified discharge of record be\nmarked upon the docket of the judgment.\n 2. If it appears upon the hearing that the bankrupt or debtor has been\ndischarged from the payment of that judgment or the debt upon which it\nwas recovered, an order must be made directing that a discharge or\nqualified discharge be marked on the docket of the judgment.\n 3. If it appears that any lien of the judgment upon real property\nowned by the bankrupt or debtor prior to the commencement of the\nbankruptcy proceedings was invalidated or surrendered in the bankruptcy\nproceedings or set aside in an action brought by the receiver or\ntrustee, the order shall direct that a discharge be marked on the docket\nof the judgment.\n 4. If (a) it does not appear whether the judgment was a lien on real\nproperty owned by the bankrupt or debtor prior to the commencement of\nthe bankruptcy proceedings, or (b) if it appears that the judgment was a\nlien on such real property and it is not established to the satisfaction\nof the court that the lien was invalidated or surrendered in the\nbankruptcy proceedings or set aside in an action brought by the receiver\nor trustee, the order shall direct that a qualified discharge be marked\non the docket of the judgment. If the court directs that a qualified\ndischarge be marked on the docket of the judgment it shall specify in\nits order which of the two grounds stated above was the basis of its\norder.\n 5. Upon presentation of the order for entry, or of a certified copy\nthereof for filing, as the case may be, and upon payment of the fees to\nwhich he is entitled, the clerk of the court where the order was made,\nor the clerk of any court where a transcript of the judgment has been\nfiled and docketed, shall mark on the docket thereof an entry\nsubstantially as follows: In the case of a discharge, "Discharged by\norder of the court; see order entered (or filed) ................\n(stating the date of entry or filing of the order)"; in the case of a\nqualified discharge, "Qualified discharge by order of the court; see\norder entered (or filed) .......... (stating the date of the entry or\nfiling of the order)."\n 6. Notice of the application, accompanied by copies of the papers upon\nwhich it is made, must be served upon the judgment creditor, or his\nattorney of record in the action in which the judgment was rendered, in\nthe manner as prescribed for service of a notice in an action, if the\nresidence or place of business of the judgment creditor, or of his\nattorney, is known. Upon proof by affidavit that the address of neither\nthe judgment creditor nor his attorney is known, and that the address of\nneither can be ascertained after due diligence, or that the judgment\ncreditor is a non-resident of this state, and his attorney is dead, or\nremoved from the state, or cannot be found within the state, a judge or\njustice of the court may, by order, direct that the notice of the\napplication be published in a newspaper designated in the order, once a\nweek for not more than three weeks. Such publication, shown by the\naffidavit of the publisher, shall be sufficient service upon the\njudgment creditor, of the application.\n