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Discharging a state court judgment after Bankruptcy
APPLICATION FOR DISCHARGE OF DISTRICT COURT JUDGMENTS
MINN. STAT. 548.181
To download an application for discharge of a state court judgment scroll to the bottom of this page.
A judgment in Minnesota District Court which has been discharged in a Federal
Bankruptcy proceeding must also be discharged in District Court.
The judgment debtor or any other interested party may file an Application for Discharge with the district court in the county where the lawsuit was started and where the judgment was entered.
The judgment debtor or interested party must:
1 Fill out an Application for Discharge. This form is available in Room 600 of the Ramsey County Courthouse located at 15 West Kellogg Blvd., Saint Paul, Minnesota 55102 or online at www.mncourts.gov/district/2/. The Application must list each judgment to be discharged and must include all required information.
2 Make a copy of the Application for each judgment creditor and keep the original to be filed with the court.
3 Obtain a certified copy of the Bankruptcy Discharge or a certificate from the Clerk of U.S. Bankruptcy Court. This will be attached to the original Application for Discharge when the application is filed with the court. The judgment must be listed in the Bankruptcy discharge. Judgments cannot be discharged if a bankruptcy petition is pending or is not otherwise final.
4 Serve each judgment creditor with a copy of the Application of Discharge. You may also include a courtesy copy of the Bankruptcy discharge. Service is made by certified mail. The judgment debtor or other interested party cannot serve the Application for Discharge. Any disinterested party over the age of 18 may mail the copy of the Application by certified mail and must complete an Affidavit of Service by certified mail for each judgment creditor. The Affidavit of Service form and instructions can be obtained from district court.
Twenty (20) days after the date that the judgment creditor was mailed your application for discharge, the following documents must be filed with the District Court: 1) the original Application for Discharge, 2) Affidavit of Service by certified mail for each creditor, 3) your certified bankruptcy discharge or certificate from the Clerk of U.S. Bankruptcy Court. You must pay a filing fee of $5.00 for each judgment to be discharged. Checks or money orders should be make out to "District Court Administrator". You may file these documents in person in room 600 of the Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102 or by mail to the same address.
The court administrator shall discharge the judgment(s) after receipt of the application and attachments unless a creditor files an objection. If an objection is filed, the debtor or other interested party may file a motion before a judge for an order to have the judgment discharged. If you wish to make a motion, forms and instructions are available from the Civil Division, Room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.
download application for discharge form
download affidavit of service by certified mail form