New Jersey § 2a:16-49

§ 2a:16-49.

At any time after 1 year has elapsed, since a bankrupt was discharged from his debts,

pursuant to the acts of Congress relating to bankruptcy, he may apply, upon proof

of his discharge, to the court in which a judgment was rendered against him, or to

the court of which it has become a judgment by docketing it, or filing a transcript

thereof, for an order directing the judgment to be canceled and discharged of record. If it appears upon the hearing that he has been discharged from the payment of that

judgment or the debt upon which such judgment was recovered, an order shall be made

directing said judgment to be canceled and discharged of record; and thereupon the

clerk of said court shall cancel and discharge the same by entering on the record

or in the margin of the record of judgment, that the same is canceled and discharged

by order of the court, giving the date of entry of the order of discharge. Where the judgment was a lien on real property owned by the bankrupt prior to the

time he was adjudged a bankrupt, and not subject to be discharged or released under

the provisions of the Bankruptcy Act, the lien thereof upon said real estate shall

not be affected by said order and may be enforced, but in all other respects the judgment

shall be of no force or validity, nor shall the same be a lien on real property acquired

by him subsequent to his discharge in bankruptcy. Notice of the application, accompanied with copies of the papers upon which it is

made, must be served upon the judgment creditor, or his attorney of record in said

judgment, in the manner prescribed in R.R. 4:5-1, et cetera, of The Revision of The

Rules Governing the Courts of the State of New Jersey (1953); 1 provided, however, nothing herein contained shall prevent said judgment notwithstanding

such discharge of record from being used as a set-off in any action in which it otherwise

could be used. 1

Superseded; see N.J. Ct. R. 1:5-1 et seq.