First National Bank in Toledo v. Adkins

The First National Bank in Toledo appeals an order of the circuit court of Cumberland County dismissing its petition to revive a judgment obtained against defendant John Adkins in 1987. The basis for the court’s decision was that defendant had received a discharge in bankruptcy in February 1991 and plaintiffs petition to revive was not filed until after seven years had elapsed from the date of the judgment. We now reverse this decision.

The operative facts are as follows. On March 24, 1987, plaintiff secured a judgment against defendant for $11,385.14, and a memorandum of that judgment was…