Subdivision 1. Application for discharge. A judgment debtor who has received a discharge under United States Code, title 11, or an interested party, upon paying a filing fee of $5 for each judgment, may apply to the court administrator of any court for the discharge of all judgments entered in that court against the judgment debtor that were ordered discharged by the bankruptcy discharge.
Subd. 2. Application requirements; service. An application under subdivision 1 must identify each judgment to be discharged, must be accompanied by a certified copy of the judgment debtor's bankruptcy discharge or a certificate by the clerk of the United States Bankruptcy Court of the discharge, must state the time the judgment creditor has to object as specified in subdivision 3 and the grounds for objection as specified in subdivision 4, must be served 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; or
(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.
Subd. 3. Objection to discharge. The court administrator, without further notice or hearing, shall discharge each judgment except a judgment in favor of a judgment creditor who has filed an objection to discharge of the judgment within 20 days after service of the application on the judgment creditor. An objection to discharge of a judgment must be served on the judgment debtor in the same manner as an answer in a civil action.
Subd. 3a. Certification of discharge. Upon receipt of a filing fee of $5, the court administrator shall certify to the judgment debtor or other interested party the judgments against a person that have been discharged by the administrator.
Subd. 4. Court order. If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that: (1) the debt represented by the judgment was not discharged by the bankruptcy discharge; or (2) the judgment was an enforceable lien on real property when the bankruptcy discharge was entered. If the judgment was an enforceable lien on some, but not all, real property of the judgment debtor, the discharge shall only be entered as to real property not subject to an enforceable lien.
1987 c 26 s 6; 1989 c 229 s 5-7; 2001 c 34 s 1
Structure Minnesota Statutes
Chapters 540 - 552 — Civil Procedure
Section 548.04 — Judgment In Replevin.
Section 548.05 — Treble Damages For Trespass.
Section 548.06 — Damages For Libel.
Section 548.07 — Judgment After Death Of Party.
Section 548.08 — Judgment Roll, How Made Up.
Section 548.09 — Lien Of Judgment.
Section 548.091 — Support, Maintenance, Or County Reimbursement Judgments.
Section 548.10 — New County; Docketing Old Judgments; Real Estate Tax Judgments.
Section 548.101 — Assigned Consumer Debt Default Judgments.
Section 548.11 — Federal Court Judgment; Docketing.
Section 548.12 — Lien Discharged By Deposit Of Money, When.
Section 548.13 — Assignment Of Judgment; Mode And Effect.
Section 548.14 — Judgments, Procured By Fraud, Set Aside By Action.
Section 548.15 — Discharge Of Record.
Section 548.16 — Satisfaction And Assignment By State.
Section 548.17 — Payment And Satisfaction By Court Administrator.
Section 548.181 — Discharge Of Judgments Against Bankruptcy Debtors.
Section 548.19 — Joint Debtors; Contribution And Subrogation.
Section 548.20 — Several Judgments Against Joint Debtors.
Section 548.21 — Discharge Of Joint Debtor.
Section 548.22 — Confession Of Judgment.
Section 548.23 — Plea Of Confession.
Section 548.24 — Submission Without Action.
Section 548.25 — Vacating Real Estate Judgment; Within What Time.
Section 548.251 — Collateral Source Calculations.
Section 548.27 — Filing And Status Of Foreign Judgments.
Section 548.28 — Notice Of Filing.
Section 548.31 — Optional Procedure.
Section 548.32 — Uniformity Of Application And Construction.
Section 548.42 — Variation By Agreement.
Section 548.43 — Determining Money Of The Claim.
Section 548.44 — Determining Amount Of The Money Of Certain Contract Claims.
Section 548.45 — Asserting And Defending Foreign-money Claim.
Section 548.47 — Conversions Of Foreign Money In Distribution Proceeding.
Section 548.48 — Prejudgment And Judgment Interest.
Section 548.49 — Enforcement Of Foreign Judgments.
Section 548.51 — Effect Of Currency Revalorization.
Section 548.52 — Supplementary General Principles Of Law.
Section 548.56 — Applicability.
Section 548.57 — Standards For Recognition Of Foreign-country Judgment.
Section 548.58 — Personal Jurisdiction.
Section 548.59 — Procedure For Recognition Of Foreign-country Judgment.
Section 548.60 — Effect Of Recognition Of Foreign-country Judgment.
Section 548.61 — Stay Of Proceedings Pending Appeal Of Foreign-country Judgment.
Section 548.62 — Statute Of Limitations.
Section 548.63 — Saving Clause.
Section 548.66 — Applicability.
Section 548.67 — Registration Of Canadian Judgment.
Section 548.68 — Effect Of Registration.
Section 548.69 — Notice Of Registration.
Section 548.70 — Petition To Vacate Registration.
Section 548.71 — Stay Of Enforcement Of Judgment Pending Determination Of Petition.
Section 548.72 — Relationship To Uniform Foreign-country Money Judgments Recognition Act.
Section 548.73 — Uniformity Of Application And Interpretation.