Florida/Georgia Personal Injury & Workers Compensation

...dict in Mrs. Camp's favor for more than three million dollars. [1] The bankruptcy court issued an order that allowed the excess judgment to be classified as a general, non-priority unsecured claim against Dr. Kimbell's bankruptcy estate. Pursuant to section 55.145, Florida Statutes (1991), [2] the state trial court granted Dr....

...Kimbell received his discharge in bankruptcy before Camp's state court lawsuit ever proceeded to trial and, consequently, he was never liable for the adverse judgment in favor of Mrs. Camp. Second, the court canceled and discharged the judgment rendered against Dr. Kimbell pursuant to section 55.145....

...Damsker, Gordon & Maney, Tampa, for appellant. Charles H. Ross, Tampa, for appellee. ENGLAND, Justice. By direct appeal pursuant to Article V, Section 3(b)(1) of the Florida Constitution, we have before us an order of the Hillsborough County Court holding Section 55.145, Florida Statutes (1975), unconstitutional. In relevant part that statute provides: "55.145 Discharge of judgments in bankruptcy....

...Article X of the 1885 Florida Constitution then in effect. On March 13, 1968, Albritton filed for bankruptcy, listing the judgment debt to Portland among the claims of unsecured creditors. He received his discharge in bankruptcy on August 16, 1968. Section 55.145 was enacted by the Florida Legislature in 1970. [2] On March 29, 1975, Albritton petitioned the county court under the statute in order to discharge Portland's judgment. The court denied Albritton's petition and declared Section 55.145 unconstitutional....

...The court held that the statute would deprive Portland of due process of law in that it purported to affect pre-existing liens, impaired the obligation of Portland's contract, and constituted an ex post facto law. We disagree on all counts and reverse. Section 55.145 was enacted to alleviate unfair burdens previously placed on bankrupts by the laws of this state....

...an enforceable encumbrance against discharged property or property acquired after March 13, 1968. The courts of states having like statutes have held that the discharge of a judgment will not affect a judgment lien which survives the bankruptcy. [8] Section 55.145, like its counterparts in other states, was designed to allow discharged bankrupts to "clear up the record by making it show upon its face that the judgment no longer attaches as a lien on real estate subsequently acquired and constitutes no personal liability against the debtor... ." [9] Nothing in Section 55.145 authorizes the invalidation of liens which survive bankruptcy, to the extent there existed property subject to lien when the petition was filed....

...The state circuit court judge referred to the April 13, 1987, bankruptcy order in the final judgment. Thereafter Dr. Kimbell moved for an order to cancel and discharge the judgment. On January 11, 1989, an order was entered in the state circuit court, ordering that: ". . . pursuant to Section 55.145, Florida Statutes, the judgment against Defendant Fariss D. Kimbell is hereby canceled and discharged." See doc. 106, Ex. A. Section 55.145 provides in pertinent part: If it appears . . . that the bankrupt or debtor has been discharged . . . the Court shall enter an order canceling and discharging said judgment. The order of cancellation and discharge shall have the same effect as a satisfaction of judgment. . . . § 55.145, Fla.Stat....

...hat judgment as a general, non-priority unsecured claim. See attachments to doc. 2. The court again ordered that "such judgment and such claim shall not be enforceable against Debtor." Id. St. Paul's argument on this issue places special emphasis on Section 55.145, which states that a discharge in bankruptcy shall "have the same effect as a satisfaction of judgment." If the judgment has been "satisfied" as to the insured, St....

...Therefore, the rationale of the decedent's estate cases does not necessarily apply to an estate in bankruptcy. *885 Second, these cases cited by plaintiff are not dealing with the specific law of Florida. Under Cope, a satisfaction or release of the insured destroys the third party's derivative cause of action for bad faith. Section 55.145 provides that an order of cancellation and discharge shall "have the same effect as a satisfaction of the judgment." That is the status of the Camp judgment....

...bank. Defendant's motion to dismiss (CP 4) was heard, May 25, before trial. For the reasons which follow, the motion is granted and this complaint is dismissed without leave to amend, but without prejudice to State court proceedings under Fla. Stat. § 55.145 [1] and without prejudice to *804 any proceedings to void any lien upon other grounds which may be applicable under bankruptcy law....

...They have made no effort to sell their residence and contemplate no sale. Plaintiffs Seek More Than § 522(f)(1) Permits Plaintiffs acknowledge that they seek from this court now the equivalent of a State court "order of cancellation and discharge" under Fla.Stat. § 55.145, supra n....

...ler of homestead property, such "comfort orders" should not be required under the law. Secondly, the debtor does not need the lien avoidance power of the bankruptcy code nor the efforts of this court to obtain the benefits sought herein. Pursuant to § 55.145 Fla....

...nkruptcy estate. In doing so, the bankruptcy court again stated that Camp's claim could not be enforced against Dr. Kimbell personally. The Florida court entered an order canceling and discharging the judgment against Dr. Kimbell, in accordance with Section 55.145, Florida Statutes....

...the payment of that judgment or of the debt upon which it was recovered, the Court shall enter an order canceling and discharging said judgment. The order of cancellation and discharge shall have the same effect as a satisfaction of judgment. . . . § 55.145, Fla.Stat....

OWEN, WILLIAM C., Jr. (Retired) Associate Judge. If Section 55.145, Florida Statutes (1979), which contains no reference to judgment liens, meant literally what it so plainly says, 1 the trial court’s summary final judgment ordering appellant to satisfy of record a certain money judgment held by it surely would have been correct....

...Harris conveyed his interest in the property to Marian Harris. In 1979, John D. Harris filed a petition for personal bankruptcy, and later that year was discharged from personal liability on or for appellant’s judgment. Over a year later, pursuant to Section 55.145, Marian Harris, appellee herein, sought in the Circuit Court of Duval County, a satisfaction of the judgment....

...sed John Harris from personal liability on the judgment, the lien itself was not discharged, but survived the bankruptcy. 1A Collier on Bankruptcy, § 17.29 (14th ed. rev. 1978). In the Albritton case, supra, the Court stated at page 576: Nothing in Section 55.145 authorizes the invalidation of liens which survive bankruptcy, to the extent there existed property subject to lien when the petition was filed....

...The judgment, as well as the separate order assessing attorney’s fees and costs, are severally reversed and the cause remanded for further proceedings consistent herewith. REVERSED AND REMANDED. MILLS and WENTWORTH, JJ., concur. . In relevant part, the Statute provides: 55.145 Discharge of judgments in bankruptcy....

...thereof, or obligations contracted for . . . labor performed on the realty . . ." [6] Debtors seeking to remove clouds upon title to homestead property would still be able to avail themselves of the relief potentially afforded under Florida Statutes § 55.145.

...t the lien did not attach to the debtor’s home (or so far as this record reflects any other property) before bankruptcy. Therefore, a bankruptcy discharge will effectively eliminate any further vitality in the judgment and the judgment lien. Under § 55.145, Florida Statutes, the judgment may be cancelled in the State court if that should prove necessary....

...I reject this defense, because the judgment lien did not attach to the debtors’ home (or so far as this record reflects, any other property) before bankruptcy. Therefore, a bankruptcy discharge will effectively eliminate any further vitality in the judgment and the judgment lien. Under § 55.145, Florida Statutes, the judgment may be can-celled in the State court if that should prove necessary....

...t pursuant to Bankruptcy Rule 7001. Alternatively, a debtor could obtain relief as to a judgment of record by the filing of a petition with the state court in which the judgment was entered “... to cancel or discharge such judgment.” Fla. Stats. § 55.145....