Legal Question in Bankruptcy in South Dakota

I filed a chapter 13 on 08/11/2003, then converted to chapter 7 on 06/04/2004. A debtor listed on chapter 13 as business debt filed a judgement for the debt on 11/03/2003. Chapter 7 discharged debtors on 09/08/2004. The judgement is still on record, can this be removed?


Asked on 3/21/13, 8:39 am

1 Answer from Attorneys
Jim Craig Craig Law Office

Yes. An application has to be filed with the county in which the judgment is recorded. It must comply with the requirements of SDCL 15-16-39 (including being filed with certified copy of bankruptcy discharge) , be served by certified mail on the judgment creditor, and 10 days later if no objection is filed the clerk will mark it discharged

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Answered on 3/21/13, 9:00 am


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