Legal Question in Bankruptcy in Florida

Judgment versus Discharge?

In 2002 one of my credit card companies filed and won a judgment against me in court, but also filed an agreement for payment wherein it would not be actioned against me while I paid it off. The next year I filed chptr 7, and the debt was fully discharged. Judgment is still on credit report. Has different acct # than the record of the discharge, though both state it is a Discover Bank account. Called the lawyer who filed, stated because the got a judgment against me prior to filing chapter 7, I'm legally bound to pay THEM the full amount, even though Discover's legal team says I owe them nothing and doesn't know why that judgment is still there. Another lawyer stated, different acct # or not, just get a record of discharge from Tampa Bankruptcy Court and take to the county clerk where the judgment was filed and that will solve the matter. Who is telling me the truth? Need answer asap, 2 weeks from moving to new house and this is holding up my loan approval.


Asked on 1/02/07, 1:46 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgment versus Discharge?

Semms you are shopping for opinions until you find one that suits your need.

If the judgment was obtained prior to your filing, then it is properly of record.

If the debts were discharged, then you are not bound to pay them.

Obtain a certified copy of your discharge and record it.

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Answered on 1/02/07, 6:27 pm


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