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Procedures to Discharge a Judgment against Bankruptcy Debtors
All of the processes below are handled at the Hastings Civil Division.
A judgment in District Court which has been discharged under bankruptcy can be discharged in the District Court in the following manner:
1. An Application for Discharge of Judgment must be filed by the judgment debtor(s) or an interested party.
2. Fee of $5.00 for each judgment to be discharged must be paid at the time of filing the application.
3. Application must include:
a) either a certified copy of bankruptcy discharge or certificate by the Clerk of the U.S. Bankruptcy Court; and
b) an affidavit of service for each judgment creditor. (NOTE: service is at the expense of the applicant on each judgment creditor either:
(1) in the manner provided for the service of a summons in a civil action and must be accompanied by an Affidavit of Service;
(2) by certified mail to the judgment creditor's last known address as it appears in the court record, and must be accompanied by an affidavit of mailing.
4. The court administrator shall discharge each judgment 20 days after service of the application except those in favor of a creditor who has filed an objection. (NOTE: No notice is required by the court administrator upon discharge.)
5. In the event of an objection:
a) an objection must be served on the judgment debtor (Note: service is to be made in the same manner as an answer in a civil action.); and
b) The creditor/debtor/interested party shall bring a motion before the court for an order.
6. After a judgment(s) has been discharged and upon a receipt of a $5.00 filing fee, the court administrator shall provide a Certification of Discharge of Judgment to the judgment debtor or other interested party.
Click here to go to the forms page to obtain the application