Gaskill v. Citi Mortgage, Inc.

The opinion of the court was delivered by

CUFF, P.J.A.D.

In this appeal, we address N.J.S.A. 2A:16-49.1, which permits a debtor, who has received a discharge of his debts in bankruptcy, to cancel a judgment entered in state court and discharge the record of that judgment. The Chancery Division judge held that the debtors could not avail themselves of this remedy against the judgment creditor because the judgment creditor did not receive notice of the bankruptcy proceedings, including the discharge of debts, and could not, therefore, levy on the debtors’ property within the year permitted by…