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