The Bankruptcy Court has the power to cancel and discharge debts.
The bankruptcy filing creates the automatic stay or injunction of collection efforts of debts.
Once a bankruptcy discharge is entered, you must wait one (1) year after your bankruptcy discharge before we can file a motion with the State Court to cancel the judgment. A judgment that has been obtained against you in the Superior Court of New Jersey and docketed (filed) with the Superior Court's Judgment Unit in Trenton becomes a lien on all real estate you own in the State of New Jersey.
New Jersey Statute N.J.S.A. 2A:16-49.1 requires that you wait one (1) year before a motion can be filed to cancel the judgment of record in the State of New Jersey Superior Court Judgment Unit. This work is not included in your bankruptcy case. It is not part of your bankruptcy lawyer's legal fees.
Once we have your bankruptcy discharge, we can diary ahead one year and send you a reminder to see if you want us to do this work.
In the past, title companies who may want to insure refinancing your mortgage or a second mortgage or who may want to insure the title of the buyer of your home may require this be done. The motion can be filed at any time after one (1) year from your bankruptcy discharge. If you have questions or want to have this work done, please contact our office.
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