Release from Judgement after Ch 7 Discharge

What is the name of your state? Illinois


Civil judgement for unsecured loan included in Ch7/discharged in 2001 . At that time, was being paid via wage garnishment ( which ceased during the stay) and left a bal due. Trying to purchase a home & recently contacted the filing attorney's office in regards to getting a release from the judgement based on the Chp 7 discharge. Rep at the attorney's office very rudely informed me that the judgement was filed prior to the Chp 7 and they therefore have no obligation/refuse to release the judgement. Stated that I have no legal recourse otherwise. Is this a true statement?? If so, what happens with it then?? Does it just stay on my record indefinitly?? Will they now come back to resume garnishing my pay???? Thanks in advance...

[bigun]

You and your lawyer need to appear before the court and petition to have the judgment vacated. The bk code allows it and I'll find the section for you a bit latter. The underlying debt is gone and they won't garnish your wages.

[bigun]

Here ya go:

USCode Title 11 Chapter 5 Subchapter II Section 524: Effect of Discharge
(a)

A discharge in a case under this title -

(1)

voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

Thanks for the info. I truely appreciate it...