Sec. 2914.
After a bankrupt has been discharged from his debts pursuant to the federal laws relating to bankruptcy, the bankrupt, his receiver, his trustee, or any other interested person or corporation may apply to have a judgment debt canceled and discharged of record upon proof of the bankrupt's discharge. Application for equitable relief shall be made to the court in which the judgment was rendered against the bankrupt, or if it was rendered in a court not of record, application shall be made to the court in which it became a judgment by docketing. If it appears upon the hearing that he has been discharged from the payment of that judgment or the debt upon which that judgment was recovered, an order shall be made directing that the judgment be canceled and discharged of record. This order shall recite that the judgment is canceled and discharged because of the bankrupt's discharge in bankruptcy. The clerk of the court shall then discharge the judgment by marking on the docket that the judgment is canceled and discharged by order of the court because of the defendant's discharge in bankruptcy, and the clerk shall mark the date and entry of the order of discharge.
(1) Notice of the application, accompanied by copies of the papers on which it is based, must be served on the judgment creditor or his attorney of record in the judgment, if the residence or place of business of either the creditor or his attorney of record is known, at least 30 days prior to the date of the hearing of the application. Upon proof by affidavit that the residences and places of business of both are unknown and after due diligence cannot be ascertained or upon proof by affidavit that the creditor is not a resident of this state and his attorney is dead or removed from this state or cannot be found within this state, the judge of the court before which the application is pending may make an order that the notice of the application be published once a week for 3 successive weeks in the newspaper that he shall designate. This publication shown by affidavit of the publisher shall be sufficient service of the application upon the judgment creditor.
(2) No action or proceeding shall be prosecuted in any of the courts of this state to enforce any judgment rendered in any court of any other state of the United States which would be subject to cancellation and discharge under the provisions of this section had the judgment been rendered by a court of this state.
(3) The word judgment as used in this section is here defined to include any decree or order for the payment of money dischargeable pursuant to the federal law relating to bankruptcy.
(4) Nothing contained in this section shall be deemed to supersede or abrogate the provisions of section 513 of Act No. 300 of the Public Acts of 1949, as amended, being section 257.513 of the Compiled Laws of 1948.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1962, Act 187, Imd. Eff. May 24, 1962
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)
Section 600.2902 - Actions Abolished; Certain Real Actions.
Section 600.2903 - Judgment in Tort; Renewal; Continuance of Remedies.
Section 600.2904 - Repealed. 1964, Act 170, Eff. July 1, 1965.
Section 600.2905 - Civil Actions by State; Laws Applicable.
Section 600.2906 - Confession of Judgment.
Section 600.2907 - Malicious Prosecution or Action; Civil Liability, Penalty.
Section 600.2907a - Violation of MCL 565.25; Liability to Owner of Encumbered Property; Penalty.
Section 600.2908 - Repealed. 1972, Act 284, Eff. Jan. 1, 1973.
Section 600.2909 - Stockholders; Individual Liability for Corporate Debts; Enforcement; Labor Debts.
Section 600.2910 - Action for Seduction.
Section 600.2911 - Action for Libel or Slander.
Section 600.2912 - Actions for Malpractice; Member of State Licensed Profession.
Section 600.2912a - Action Alleging Malpractice; Burden of Proof.
Section 600.2912g - Arbitration.
Section 600.2912h - Settlement Agreement.
Section 600.2915 - Actions for Taxes Due Other States; Reciprocity.
Section 600.2919 - Damage or Waste to Land; Damages; Injunction; Contempt.
Section 600.2921 - Survival of Actions; Death of Injured Person During Pendency of Action.
Section 600.2924 - Bill of Discovery.
Section 600.2925 - Repealed. 1974, Act 318, Imd. Eff. Dec. 15, 1974.
Section 600.2925b - Determining Pro Rata Shares of Tortfeasors.
Section 600.2925d - Effect of Release, Covenant Not to Sue, or Covenant Not to Enforce Judgment.
Section 600.2926 - Jurisdiction to Appoint Receivers; Termination.
Section 600.2929 - Lands Held in Trust; Sale by Fiduciary, Orders of Court.
Section 600.2931 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2933 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2935 - Quieting Title; Recording of Judgment.
Section 600.2943 - Quieting Title; Relief to Defendant on Rehearing.
Section 600.2944 - Access to Adjoining Property for Repairs or Improvements.
Section 600.2945 - Definitions.
Section 600.2946 - Product Liability Action; Admissible Evidence.
Section 600.2946a - Determination of Damages; Limitation.
Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.
Section 600.2948 - Death or Injury; Warnings as Evidence.
Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.
Section 600.2949a - Knowledge of Defective Product.
Section 600.2950b - Forms; Liability of Individual Providing Assistance.
Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.
Section 600.2950h - Definitions.
Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.
Section 600.2950l - Foreign Protection Order.
Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.
Section 600.2953a - Motion Picture Recording Violation.
Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.
Section 600.2956 - Several and Joint Liability.
Section 600.2956a - Certificate of Employability as Evidence of Due Care.
Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.
Section 600.2959 - Comparative Fault; Reduced Damages.
Section 600.2960 - Burden of Proof; Cause of Action.
Section 600.2962 - Malpractice Action Against Certified Public Accountant.
Section 600.2965 - Recovery of Damages by Firefighter or Police Officer; Preclusion Abolished.
Section 600.2966 - Injury to Firefighter or Police Officer; Governmental Immunity.
Section 600.2968 - Repealed. 2020, Act 367, Imd. Eff. Jan. 4, 2021.
Section 600.2969 - Repealed. 1999, Act 239, Eff. Jan. 1, 2003.
Section 600.2970 - Repealed. 1999, Act 240, Eff. Jan. 1, 2003.
Section 600.2971 - Wrongful Birth or Wrongful Life Claims; Prohibitions; Exceptions.
Section 600.2975a - Entry of Judgment for Damages; Notice to Department.
Section 600.2978 - Court Action by Victim of Female Genital Mutilation; Remedies; Definitions.