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SB 0087 - Bankruptcy; judgments against exempt property; provide for the discharge

Tracking Level: Monitor
Sponsor: Jesse Stone
Last Action: 7/1/2017 - Effective Date
Senate Committee: Banking and Financial Institutions
House Committee: Judiciary

Staff Analysis of the Legislation

SB 87 amends Code Section 44-13-100 by adding a new subsection (d). The subsection states that after a debtor who has claimed bankruptcy has paid his debt, he or she can file a motion in civil action to cancel and discharge the judgment on his or her property. The motion will need a certified copy of the discharge, and can then be served to the judgment creditor with a consent order for relief. The court can then decide to cancel or discharge the order, effective the same date of judgment.

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