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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Help! I just received a proof of service of documents that

Resolved Question:

Help! I just received a proof of service of documents that indicate a collection attorney has bought the right to collect on a judgment that I thought had been discharged 18 years ago in BK. It appears that the judgment was renewed once, 10 years ago.

It seems that it will take quite a while for the clerk to retrieve copies of BK docs now, since the case predates electronic media--if they still have them at all.

Is it possible to renew a judgment, even though the obligation to pay that judgment was discharged in BK? Or, does does the fact of the judgment's renewal actually prove that--unbeknownst to me all these years--the BK was dismissed or terminated without the discharge?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi JACustomer,
If your bankruptcy case were dismissed, you would have received notice of that fact.
It is possible to renew a judgment in spite of the fact that is was discharged in a bankruptcy. This is an indication of poor record keeping on the part of the original creditor (who should have entered this information on your account), or any intermediary collection agency. And when the case is as old as yours, this information is not readily available, because non-electronic.
If your case cannot be found, perhaps you can file another bankruptcy.
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