NY Debt & Cred L § 150 (2021)
2021 New York Laws DCD - Debtor and Creditor Article 6 - Discharge of Bankrupt From Judgment 150 - Cancellation of Record of Judgment Discharged in Bankruptcy.

§ 150. Cancellation of record of judgment discharged in bankruptcy. 1.   At  any  time  after one year has elapsed since a bankrupt or debtor was   discharged from his debts, pursuant to the acts of congress relating  to   bankruptcy,  the  bankrupt or debtor, his receiver, trustee or any other   interested  person  or  corporation,  may  apply,  upon  proof  of   the   bankrupt's  or  debtor's discharge, to the court in which a judgment was   rendered against him, or if rendered in a court not of  record,  to  the   court  of which it has become a judgment by docketing it therein, for an   order, directing that a discharge or a qualified discharge of record  be   marked upon the docket of the judgment.2. If it appears upon the hearing that the bankrupt or debtor has been   discharged  from  the payment of that judgment or the debt upon which it   was recovered, an order must be  made  directing  that  a  discharge  or   qualified discharge be marked on the docket of the judgment.3.  If  it  appears  that  any lien of the judgment upon real property   owned by the bankrupt  or  debtor  prior  to  the  commencement  of  the   bankruptcy  proceedings was invalidated or surrendered in the bankruptcy   proceedings or set aside  in  an  action  brought  by  the  receiver  or   trustee, the order shall direct that a discharge be marked on the docket   of the judgment.4.  If  (a) it does not appear whether the judgment was a lien on real   property owned by the bankrupt or debtor prior to  the  commencement  of   the bankruptcy proceedings, or (b) if it appears that the judgment was a   lien on such real property and it is not established to the satisfaction   of  the  court  that  the  lien  was  invalidated  or surrendered in the   bankruptcy proceedings or set aside in an action brought by the receiver   or trustee, the order shall direct that a qualified discharge be  marked   on  the  docket  of  the judgment. If the court directs that a qualified   discharge be marked on the docket of the judgment it  shall  specify  in   its  order  which  of  the two grounds stated above was the basis of its   order.5. Upon presentation of the order for entry, or of  a  certified  copy   thereof  for filing, as the case may be, and upon payment of the fees to   which he is entitled, the clerk of the court where the order  was  made,   or  the  clerk  of any court where a transcript of the judgment has been   filed  and  docketed,  shall  mark  on  the  docket  thereof  an   entry   substantially  as  follows:  In  the case of a discharge, "Discharged by   order of the  court;  see  order  entered  (or  filed)  ................   (stating  the  date  of entry or filing of the order)"; in the case of a   qualified discharge, "Qualified discharge by order  of  the  court;  see   order  entered  (or  filed) .......... (stating the date of the entry or   filing of the order)."6. Notice of the application, accompanied by copies of the papers upon   which it is made, must be served upon  the  judgment  creditor,  or  his   attorney  of record in the action in which the judgment was rendered, in   the manner as prescribed for service of a notice in an  action,  if  the   residence  or  place  of  business  of  the judgment creditor, or of his   attorney, is known. Upon proof by affidavit that the address of  neither   the judgment creditor nor his attorney is known, and that the address of   neither  can  be  ascertained  after due diligence, or that the judgment   creditor is a non-resident of this state, and his attorney is  dead,  or   removed  from the state, or cannot be found within the state, a judge or   justice of the court may, by  order,  direct  that  the  notice  of  the   application  be published in a newspaper designated in the order, once a   week for not more than three  weeks.  Such  publication,  shown  by  the   affidavit  of  the  publisher,  shall  be  sufficient  service  upon the   judgment creditor, of the application.